Marine Orders - Part 60: Floating Offshore facilities, Issue 2

Overview

The Marine Orders, Part 60 (Floating Offshore Facilities), Issue 2, Order No 11 of 2001, was enacted to address the need for appropriate standards and provisions for the safe navigation and operation of Floating Production, Storage, and Offtake Facilities (FPSOs) and Floating Storage Units (FSUs) within Australian waters. This legislation was introduced by the Australian Maritime Safety Authority (AMSA) under the authority granted by the Navigation Act 1912. The primary policy objective is to ensure the safety and operational compliance of offshore floating facilities, providing additional specifications beyond those outlined in other parts of the marine orders. This issue of the Order replaces the previous Issue 1, introduces new provisions related to minimum safe manning, and allows for in-water surveys in place of dry-docking, among other updates to definitions and exemptions. The draft text was subject to consultation with industry, unions, and other government authorities before being finalised.

Scope and Application

The Marine Orders, Part 60, Issue 2, Order No 11 of 2001, applies specifically to Floating Production, Storage and Offtake Facilities (FPSOs) and Floating Storage Units (FSUs) operating within Australian waters. This order is enacted under the authority of Section 425(1AA) of the Navigation Act 1912, allowing the Australian Maritime Safety Authority (AMSA) to issue orders concerning matters in Part VB of the Act. The geographic reach of these orders is national, encompassing all FPSOs and FSUs within the Commonwealth of Australia. This legislation serves to update and reinforce existing national and international regulatory requirements, ensuring that these facilities adhere to stringent safety and operational standards. The order supersedes previous regulations, introducing new provisions related to in-water surveys, minimum safe manning requirements, and updating definitions and exemptions. Although the order aims to enhance safety and compliance, it does not extend to other types of vessels or offshore structures, thereby maintaining a focused scope on the specified floating facilities. Additionally, the order can be further extended or specified through subordinate instruments, allowing for adjustments and clarifications as necessary to meet evolving industry standards and practices.

Key Provisions

The main operative sections of Marine Orders Part 60, Issue 2, Order No 11 of 2001, primarily focus on ensuring the safety and compliance of Floating Production, Storage and Offtake Facilities (FPSOs) and Floating Storage Units (FSUs) with national and international standards. Section 2 provides definitions that are crucial for understanding the Order, while Section 3 offers interpretations to aid in the proper application of the provisions. Section 4 specifies which FPSOs or FSUs are subject to this Part, ensuring these provisions take precedence over conflicting rules in other parts of the marine orders. Section 5 allows for modifications or exemptions from certain requirements if they are at least as effective as the mandated standards, providing flexibility where necessary. Section 6 outlines the process for internal reviews of decisions made by the Chief Marine Surveyor or Manager, and establishes the framework for review by the Administrative Appeals Tribunal, including the requirement for a statement of reasons. Section 7 details the survey, certification, and reporting requirements that FPSOs and FSUs must adhere to, while Section 8 specifies the criteria for a Certificate of Compliance. Section 9 delineates the procedure for obtaining a safe manning document, ensuring adequate staffing levels. Section 10 addresses operational requirements for the transfer of materials, appliances, and personnel, and includes specific procedures for helicopter transfers. The Act imposes several obligations and requirements on the parties or entities it governs. Firstly, FPSOs and FSUs must comply with the standards and requirements outlined in Part 60, ensuring safe navigation and operation. Owners and operators are required to ensure that their vessels meet the specified survey, certification, and reporting requirements as detailed in Section 7. They must also obtain and maintain a Certificate of Compliance as per Section 8. Furthermore, operators must ensure that their vessels comply with the safe manning requirements outlined in Section 9, including obtaining the necessary safe manning documents. Additionally, during transfer operations of materials, appliances, and personnel, and specifically for helicopter transfers, operators must adhere to the procedures detailed in Section 10. Finally, the Act mandates that an operating manual, as part of a ship’s Safety Management System, be maintained in compliance with the International Safety Management Code, as specified in the Appendix. The Marine Orders Part 60, Issue 2, Order No 11 of 2001, establishes various offences and penalties for non-compliance with its provisions. Violations of the operational requirements for transfer operations and helicopter transfers, as specified in Section 10, are considered penal provisions. Non-compliance with these requirements can result in significant penalties. While the maximum penalties are not explicitly stated in the text, it is implied that breaches of these safety-critical provisions could lead to substantial fines and potential criminal charges under the Navigation Act. Additionally, failure to maintain a Certificate of Compliance or comply with the survey, certification, and reporting requirements can result in administrative penalties and enforcement actions by the Australian Maritime Safety Authority (AMSA). These may include fines, vessel detention, or other regulatory sanctions to ensure compliance and uphold maritime safety standards.