EXPLANATORY STATEMENT
STATUTORY ROLE NO. 277 OF 1983
ISSUED BY THE AUTHORITY OF THE MINISTER OF STATE FOR TRANSPORT NAVIGATION (FIRE APPLIANCES) REGULATIONS (AMENDMENT)
Sub-section 425(1) of the Navigation Act 1912 provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters which by the Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act or for the conduct of any business under the Act.
Sub-section 425(1) further provides, in particular, that the Governor-General may make regulations empowering the Minister to make orders for and in relation to specified matters to give prompt legislative effect to safety and technical requirements in respect of ships, their cargoes and persons on board. Those orders are known collectively as ‘Marine Orders’ and include provisions which would otherwise appear in regulations under the Act.
On 18 November 1983 the International Convention for the Safety of Life at Sea, 1974 (the Safety Convention) and the Protocol of 1978 amending the Safety Convention entered into force for Australia. In order to give effect to the Safety Convention and the 1978 Protocol, a package of 14 Parts of Marine Orders incorporating the provisions of the Safety Convention has been issued, under the provisions of the Navigation (Orders) Regulations.
Fire protection requirements for new ships as defined by the Safety Convention from 18 November 1983, are regulated by Part 15 of Marine Orders. The amendment to the Navigation (Fire Appliances) Regulations therefore confines application of those Regulations to existing ships as defined by the Safety Convention.
Details of the regulations are set out below:
Regulations 1 and 2 provide that the regulations came into operation on 18 November 1983 and provide the citation of the Principal Regulations.
Regulation 3 amends existing regulation 5 by adding a definition of the date of construction of a ship for the purpose of amended regulation 6 that limits the application of the Navigation (Fire Appliances) Regulations to ships constructed prior to 25 May 1980.
Regulation 4 amends existing regulation 6 to provide that the Regulations do not apply to a ship which is registered in a country other than Australia that is not a Safety Convention ship and to provide that the Regulations do not apply to a ship, the keel of which was laid or which was at a similar stage of construction on or after 25 May 1980.
Regulation 5 is a consequential amendment to existing regulation 7 deleting the definition of the date of construction of a ship from that regulation.
Regulations 6, 7, 8 and 9 repeal existing regulations 16, 30, 58 and 77 as the substance of those regulations has been taken up in Part 15 of Marine Orders and is expressed to apply to all ships regardless of date of construction.
Overview
The Transport Navigation (Fire Appliances) Regulations (Amendment) 1983 was enacted to align Australian maritime safety regulations with international standards established by the International Convention for the Safety of Life at Sea, 1974, and its 1978 Protocol. This legislative amendment was introduced by the Parliament of Australia to ensure that Australia's maritime safety framework was consistent with global safety protocols, thus enhancing the protection of life at sea. The primary objective of these regulations is to refine the application of fire protection requirements, specifically focusing on the transition from older safety standards to the new international standards. This was achieved by limiting the scope of the Navigation (Fire Appliances) Regulations to existing ships constructed before 25 May 1980, thereby facilitating compliance with the updated international maritime safety conventions.
Scope and Application
The Navigation (Fire Appliances) Regulations (Amendment) pertain to the implementation of fire protection requirements for ships in compliance with the International Convention for the Safety of Life at Sea, 1974, and its 1978 Protocol. These regulations apply to ships constructed prior to 25 May 1980, as defined by the Safety Convention, and are intended to ensure that fire appliances and safety measures on board comply with international standards. The regulations were amended to exclude ships that were at a similar stage of construction or keel-laid on or after 25 May 1980, and those registered in countries that are not parties to the Safety Convention. The scope of these regulations extends to all ships subject to the Navigation Act 1912, operating within Australian waters, and is implemented through the Marine Orders which include provisions previously detailed in the Navigation (Fire Appliances) Regulations. The amendments reflect the integration of the Safety Convention's provisions into the Marine Orders, thus reducing redundancy and ensuring that the most current safety standards are uniformly applied.
Key Provisions
The main operative sections of these regulations are Regulation 3, which amends the definition of the date of construction of a ship for the purpose of Regulation 6 (section 3), and Regulation 4, which amends Regulation 6 to exclude certain ships from the application of the Navigation (Fire Appliances) Regulations (section 4). Regulation 5 is a consequential amendment, deleting an existing definition from Regulation 7 (section 5). Additionally, Regulations 6 to 9 repeal existing regulations 16, 30, 58 and 77 (section 6-9). These regulations came into effect on 18 November 1983, the same day the International Convention for the Safety of Life at Sea, 1974, and the Protocol of 1978 entered into force for Australia.
The regulations impose obligations on ship owners and operators to ensure that their vessels comply with the amended definitions and exclusions. For example, Regulation 3 requires that ships constructed after 25 May 1980 are exempt from the Navigation (Fire Appliances) Regulations, while Regulation 4 ensures that foreign-registered ships that are not Safety Convention ships are also exempt. The regulations also require that ships which are registered in Australia and constructed prior to 25 May 1980 comply with the amended fire appliance requirements as set out in Part 15 of Marine Orders.
Failure to comply with these regulations can result in a range of consequences. Under the Navigation Act 1912, penalties for non-compliance can include fines of up to $27,500 for individuals and $137,500 for corporations, as well as imprisonment for up to two years. Additionally, non-compliance with safety regulations can result in the vessel being detained or prohibited from entering Australian waters. It is important for ship owners and operators to ensure that they are aware of and comply with these regulations in order to avoid these potential consequences.