Marine Orders - Part 57 (formerly Part 18): Helicopter operations, Issue 2 (Order No. 2 of 1997)

Overview

The Marine Orders, Part 57, enacted in May 1997, was introduced to establish a comprehensive regulatory framework for helicopter operations involving the transfer of persons or goods to and from ships, thus addressing the need for a standardised, safe system of operations in line with Australian maritime and aviation conditions. This legislative instrument was made under the authority of the Navigation Act 1912, specifically pursuant to Section 425(1AA), which empowers the Australian Maritime Safety Authority to create orders concerning matters in Part IV of the Act. The primary policy objective of these orders is to ensure the safe transfer of personnel and cargo between ships and helicopters, with an emphasis on equipping ships with the necessary tools and training crew members to handle such operations safely.

Scope and Application

The Marine Orders, Part 57, issued under Section 425(1AA) of the Navigation Act 1912, applies to the owners of ships involved in the transfer of persons or goods by helicopter, mandating them to ensure that the necessary equipment, training, instructions, and arrangements are in place to facilitate these transfers safely. This requirement encompasses various ship classes and is specifically tailored to the unique maritime and aviation conditions in Australia. The orders also specify the responsibilities of the ship's master in ensuring that the necessary safety measures are implemented, which can be achieved by adhering to industry-designated codes of practice or operational guidelines. These provisions are designed to ensure a safe system of operations for helicopter transfers, thereby mitigating risks associated with such activities. While the primary focus of these orders is on safety and operational procedures, they do not explicitly state any exclusions or exemptions, indicating that they apply broadly to all relevant ship operations within Australian jurisdiction. The regulations may be further extended or detailed through subordinate instruments, allowing for additional specific guidelines or requirements as necessary.

Key Provisions

The Marine Orders, Part 57, specifically Order No 2 of 1997, primarily concerns the safe transfer of persons and goods between ships and helicopters. The Order, which was issued under the Navigation Act 1912, establishes a framework for safe operations and specifies a code of practice tailored to Australian maritime and aviation conditions (Sections 1, 2, 4). The key provisions require ship owners to provide necessary equipment, training for the ship's crew, and instructions to ensure the safe transfer of persons and goods (Section 5). The Act imposes several obligations on the parties involved. Ship owners must ensure that their vessels are equipped with the necessary gear and that the crew is adequately trained to handle helicopter transfers. This includes providing necessary instructions and making arrangements that comply with the designated industry codes of safe practice or operational guidelines (Provision 5). The master of the ship is also mandated with specific responsibilities related to equipment and training, ensuring that safety protocols are followed during helicopter operations (Provision 5). Breaching the provisions of this Order can result in serious consequences. The penalties for non-compliance are outlined within the penal provisions of Part 57, although the specific penalties are not detailed in the explanatory notes. Generally, violations may lead to both civil and criminal penalties, depending on the severity of the breach. Civil penalties might include fines, while criminal penalties could involve imprisonment, reflecting the seriousness of ensuring safety in maritime helicopter operations (Provision 4). It is important to note that the exact maximum penalties are stipulated in the detailed regulations but are not explicitly mentioned in the explanatory notes provided.