Explanatory Statement
Marine Orders Part 56 Amendment 2011 (No. 1) (REEFREP)
Order No. 2 of 2011
Purpose
Marine Orders Part 56 issue 2 (REEFREP) (MO56) gives effect to regulation 11 of Chapter V of SOLAS which deals with ship reporting systems. MO56 generally makes provision about the safety and efficiency of navigation and protection of the marine environment in the Torres Strait region and the Inner Route of the Great Barrier Reef
.
Authority
Part IV of the Navigation Act 1912 (the Act) deals with ships and shipping. Section 191 is found in Part IV of the Act. Section 191 provides that regulations may make provision in relation to giving effect to the Safety Convention which is the International Convention for the Safety of Life at Sea, 1974 (SOLAS).
Subsection 425(1) of the Act provides that the Governor-General may make regulations necessary or convenient for carrying out or giving effect to the Act.
Subsection 425 (1AA) of the Act allows the Australian Maritime Safety Authority to make orders about matters dealt with in Part IV of the Act in relation to which provision may be made by regulations.
MO56 was made under section 425(1AA) of the Act, as is the amendment.
Overview
The Order gives effect to amendments that were adopted by the International Maritime Organization (IMO) in regard to ship reporting systems in the Torres Strait region and the Inner Route of the Great Barrier Reef. These amendments relate to amendments to an international convention (SOLAS) to which Australia is a signatory. Based on the information available, the impact of the Order is minor and no further analysis in the form of a Regulation Impact Statement is required (OBPR Reference number 12377).
In December 2010, IMO adopted Resolution MSC.315(88) extending the coverage of the ship reporting systems area (known as REEFREP) to the south-east.
The opportunity has been taken to restructure MO56 in line with current drafting standards and to update a number of definitions and provisions. These include redefining the REEFREP reporting centre from Hay Point to Townsville.
Consultation
A copy of the draft amendments in the Order was placed on the AMSA website for public comment. A copy of the draft amendments in the Order was circulated for comment to a range of stakeholders, including:
- American Bureau of Shipping (ABS)
- Aluminium Boats Australia
- ASP Ships
- Austal
- Australian Antarctic Division
- Australian Forum of Explosives Regulators
- Australian Helicopters
- Australian Institute of Marine and Power Engineers (AIMPE)
- Australian Maritime College
- Australian Maritime Officers Union (AMOU)
- Australian National Line
- Australian Petroleum Production and Exploration Association Ltd
- Australian Reef Pilots
- Australian Shipowners Association (ASA)
- Australian Transport Safety Bureau
- BHP Billiton
- Bureau Veritas (BV)
- Caltex Refineries (NSW) Pty Ltd
- Captain Cook Cruises
- CBG Systems Pty Ltd
- Challenger Systems Pty Ltd
- China Classification Society (CCS)
- Department of Defence
- Department of Infrastructure, Transport, Regional Development and Local Government (DITRDLG)
- Det Norske Veritas (DNV)
- Germanischer Lloyd (GL)
- Korean Register (KR)
- Lloyd’s Register (LR);
- Shipping Australia Limited (SAL).
Contents of the Order
Amending items are set out in Schedule 1 to the amending instrument.
Item [7] amends the definition of REEFREP area in MO56.
Item [9] inserts a definition of REEFVTS.
Item [28] simplifies the ways of reporting for provision 5 of MO56.
Item [33] adds a number of new mandatory reporting points.
Most other items make minor drafting changes.
Legislative instrument
The amendment is a legislative instrument for the Legislative Instruments Act 2003.
Commencement
The amendment commences on 1 July 2011.
Making the Order
This Order has been made by the Acting Chief Executive Officer of the Australian Maritime Safety Authority, in accordance with subsection 49 (4) of the Australian Maritime Authority Act 1990.
Overview
The Marine Orders Part 56 Amendment 2011 (No. 1) (REEFREP) Order No. 2 of 2011 amends Marine Orders Part 56 issue 2 (REEFREP) (MO56) to update ship reporting systems in the Torres Strait region and the Inner Route of the Great Barrier Reef, ensuring compliance with international maritime conventions. Enacted under the authority of Part IV of the Navigation Act 1912, the Order addresses the need to align Australian maritime regulations with amendments adopted by the International Maritime Organization (IMO) regarding safety and efficiency of navigation and protection of the marine environment. The Australian Maritime Safety Authority (AMSA) made this Order to implement the changes necessitated by the IMO's Resolution MSC.315(88), which extends the ship reporting systems area to the south-east and updates several definitions and provisions, including redefining the REEFREP reporting centre from Hay Point to Townsville. The amendments were subject to consultation with various stakeholders before being finalised and published on the AMSA website for public comment.
Scope and Application
The Marine Orders Part 56 Amendment 2011 (No. 1) (REEFREP) Order No. 2 of 2011 applies to vessels navigating in the Torres Strait region and the Inner Route of the Great Barrier Reef, as well as other relevant entities such as shipping companies, ship operators, and crew members. This legislation serves to enhance maritime safety and environmental protection by implementing amendments to the ship reporting systems in accordance with the International Convention for the Safety of Life at Sea (SOLAS). It was made under the authority of the Navigation Act 1912, specifically section 191, which allows for regulations to be made in relation to the Safety Convention, and section 425(1AA) which permits the Australian Maritime Safety Authority to make orders concerning matters dealt with in Part IV of the Act. The geographic reach of this Act encompasses the Australian Commonwealth, with specific focus on the marine areas mentioned. There are no stated exclusions or exemptions, and the impact of the Order is considered minor, therefore no further regulatory analysis was deemed necessary. The Order extends its application through subordinate instruments, such as the definitions and provisions outlined in the Schedule, which were updated to align with current standards and international amendments.
Key Provisions
The main sections of the Marine Orders Part 56 Amendment 2011 (No. 1) (REEFREP) Order No. 2 of 2011 (the "Order") are concerned with refining the ship reporting systems in the Torres Strait region and the Inner Route of the Great Barrier Reef. The Order amends the definition of the REEFREP area (item [7]), defines REEFVTS (item [9]), and simplifies the reporting requirements (item [28]). Additionally, item [33] introduces new mandatory reporting points, while other items implement minor drafting changes.
The Order imposes obligations on maritime operators to adhere to the revised reporting requirements. Specifically, it mandates that vessels within the REEFREP area must report their positions and movements to the designated reporting centre. This is crucial for the safety and efficiency of navigation and the protection of the marine environment in these sensitive regions. Operators must also comply with the newly defined mandatory reporting points, ensuring they provide accurate and timely information.
Failure to comply with the provisions of the Order can result in legal consequences. While the exact penalties are not specified in the Order, non-compliance with maritime safety regulations can lead to serious civil and criminal penalties under the Navigation Act 1912. These penalties may include fines and potential imprisonment, depending on the severity and circumstances of the breach.
In addition to potential criminal sanctions, breaches of the Order may also result in administrative penalties imposed by the Australian Maritime Safety Authority (AMSA). These penalties are designed to enforce compliance and deter non-compliance with maritime safety regulations. The specific amounts of these penalties are determined by AMSA and can vary based on the nature and extent of the violation.
Overall, the Order serves to enhance maritime safety and environmental protection in the Torres Strait and the Inner Route of the Great Barrier Reef by updating and clarifying the ship reporting requirements. Compliance is mandatory for all maritime operators in the specified areas, with significant consequences for non-compliance under both criminal and administrative law.