Navigation (Musters and Drills) Regulations (Amendments)

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Statutory Rules

1981 No. 118

REGULATIONS UNDER THE NAVIGATION ACT 1912*

I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Navigation Act 1912.

Dated this twenty-eighth day of May 1981.

STANLEY BURBURY

Administrator

By His Excellency's Command,

RALPH J. HUNT

Minister of State for Transport

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AMENDMENTS OF THE NAVIGATION (MUSTERS AND DRILLS) REGULATIONS†

Parts and repeal

1. Regulations 2 and 3 of the Navigation (Musters and Drills) Regulations are repealed.

Interpretation

2. Regulation 4 of the Navigation (Musters and Drills) Regulations is amended—

(a) by omitting from sub-regulation (1) the definition of " the Act" and substituting the following definitions:

"'liferaft' includes an inflatable liferaft;

'survival manual' means a copy of a manual prepared under the authority of the Minister describing the various life-saving appliances and the recommended procedures to be followed for survival when abandoning a ship at sea;

'the Act' means the Navigation Act 1912"; and

(b) by omitting sub-regulations (3) and (4).

 

* Notified in the Commonwealth of Australia Gazette on 4 June 1981.

† Statutory Rules 1968 No. 37 as amended by Statutory Rules 1971 No. 152; and 1978 No. 134.

Practice muster of the crew

3. Regulation 15 of the Navigation (Musters and Drills) Regulations is amended—

(a) by omitting from sub-regulation (4) " intervals of not more than a week " and substituting " least once in every period of 7 days";

(b) by inserting after sub-regulation (4) the following sub-regulation:

"(4a) The master of a passenger ship shall not allow more than 7 days to elapse between the holding of successive practice musters, for boat drill and fire drill, of the crew of that ship.";

(c) by omitting from sub-regulation (6) " intervals of not more than one month" and substituting "least once in every period of 30 days "; and

(d) by inserting after sub-regulation (6) the following sub-regulation:

"(6a) The master of a ship other than a passenger ship shall not allow more than 30 days to elapse between the holding of successive practice musters, for boat drill and fire drill, of the crew of that ship.".

Boat drills

4. Regulation 16 of the Navigation (Musters and Drills) Regulations is amended—

(a) by omitting from sub-regulation (1) " intervals of not more than one month " and substituting " least once in every period of 30 days ";

(b) by inserting after sub-regulation (1) the following sub-regulation:

"(1a) The master of a ship shall not allow more than 30 days to elapse between the holding of successive boat drills on that ship.";

 (c) by omitting from sub-regulation (4) "each period of four consecutive months" and substituting "every period of 120 days"; and

(d) by inserting after sub-regulation (4) the following sub-regulation:

"(4a) The master of a ship shall not allow more than 120 days to elapse between the boat drills in which each lifeboat carried on that ship is manned, swung out and lowered into the water and its crew exercised in boat drill.".

Liferaft drills

5. Regulation 17 of the Navigation (Musters and Drills) Regulations is amended—

(a) by omitting from sub-regulation (1) all words after "at" and substituting " least once in every period of 90 days "; and

(b) by inserting after sub-regulation (1) the following sub-regulation:

"(1a) The master of a ship shall not allow more than 90 days to elapse between the holding of successive liferaft drills on that ship.".

Fire drills

6. Regulation 18 of the Navigation (Musters and Drills) Regulations is amended—

(a) by omitting from sub-regulation (1) " intervals of not more than one month " and substituting " least once in every period of 30 days ";

(b) by inserting after sub-regulation (1) the following sub-regulation:

"(1a) The master of a ship shall not allow more than 30 days to elapse between the holding of successive fire drills on that ship.";

(c) by omitting from sub-regulation (4) "each period of six consecutive months" and substituting " every period of 182 days"; and

(d) by inserting after sub-regulation (4) the following sub-regulation:

"(4a) The master of a ship shall not allow more than 182 days to elapse between successive tests at a fire drill of each fire hose and fire hydrant on that ship.".

Practice muster of passengers

7. Regulation 19 of the Navigation (Musters and Drills) Regulations is amended by omitting from paragraph (b) of sub-regulation (3) "one week " and substituting "7 days".

Collision drill

8. Regulation 21 of the Navigation (Musters and Drills) Regulations is amended by omitting from sub-regulation (3) "for" and substituting ", to be within 7 days of the day on which the drill would have been held but for the exercise of the discretion not to hold the drill by the master, for the holding of ".

Drill and practice with rocket line throwing apparatus

9. Regulation 22 of the Navigation (Musters and Drills) Regulations is amended—

(a) by omitting from paragraph (a) of sub-regulation (1) " and " (last occurring);

(b) by omitting from sub-paragraph (i) of paragraph (b) of sub-regulation (1) "one week" and substituting "7 days";

(c) by omitting sub-paragraph (ii) of paragraph (b) of sub-regulation (1) and substituting the following subparagraph:

"(ii) at least once in every period of 90 days; and"; and

(d) by adding at the end of sub-regulation (1) the following paragraph:

"(c) not allow more than 90 days to elapse between the holding of successive practices on that ship with the apparatus.".

10. The Navigation (Musters and Drills) Regulations are amended by inserting after regulation 30 the following regulation:

Survival manual

"30a. (1) The master of a ship shall ensure that—

(a) a survival manual is available at or near the berth of each crew member for exclusive use by that crew member; and

 (b) each liferaft or lifeboat is equipped with a survival manual.

"(2) Each crew member shall—

(a) subject to paragraph (b), keep the survival manual provided for his use under paragraph (1) (a) at or hear his berth;

(b) take the survival manual with him when attending his muster station; and

(c) make himself familiar with the contents of the survival manual.".

Second Schedule

11. The Second Schedule to the Navigation (Musters and Drills) Regulations is amended—

(a) by inserting after " lifeboat" (wherever occurring) in paragraph (c) " or liferaft";

(b) by omitting from sub-paragraph (ii) of paragraph (c) "and";

(c) by adding at the end of paragraph (c) the following word and sub-paragraph:

"; and (iv) instruct and examine each crew member assigned to the lifeboat or liferaft on the contents of the survival manual as required by the master of the ship "; and

(d) by inserting after "lifeboat" (wherever occurring) in paragraph (e) " or liferaft".

Fourth Schedule

12. The Fourth Schedule to the Navigation (Musters and Drills) Regulations is amended—

(a) by omitting " A liferaft drill" and substituting " 1. A liferaft drill for inflatable liferafts "; and

(b) by adding at the end thereof the following clause:

"2. A liferaft drill for liferafts other than inflatable liferafts shall be conducted as follows:

(a) the procedure for the launching of the liferaft shall be explained to the crew and shall be demonstrated by launching at least one liferaft; and

(b) when the liferaft has been launched the crew shall be required to rig the canopy of the liferaft and shall be instructed in the use of equipment in the liferaft, including the use of that equipment when the liferaft is floating upside down.".

Fifth Schedule

13. The Fifth Schedule to the Navigation (Musters and Drills) Regulations is amended—

(a) by omitting from paragraph (e) "Not less than once in each period of three consecutive months " and substituting " At least once in every period of 90 days"; and

(b) by omitting sub-paragraph (ii) of paragraph (f) and substituting the following sub-paragraph:

"(ii) the use of breathing apparatus specified in regulation 59 of the Navigation (Fire Appliances) Regulations and of safety lamps;".

Formal amendments

14. The Navigation (Musters and Drills) Regulations are amended as set out in the Schedule.

——————

SCHEDULE Regulation 14

FORMAL AMENDMENTS

Provision amended

Amendment

Sub-regulation 15 (1)........

Omit "the Second Schedule", substitute "Schedule 2".

Sub-regulation 16 (2)........

Omit "the Third Schedule", substitute "Schedule 3".

Sub-regulation 17 (2)........

Omit "the Fourth Schedule", substitute "Schedule 4".

Sub-regulation 18 (2)........

Omit "the Fifth Schedule", substitute "Schedule 5".

Sub-regulation 21 (1)........

Omit "the Sixth Schedule", substitute "Schedule 6".

The Schedules............

(a) Omit "THE SCHEDULES".

 

(b) Omit "FIRST SCHEDULE", substitute—

"SCHEDULE 1

FORMS".

 

(c) Omit "SECOND SCHEDULE", substitute "SCHEDULE 2".

 

(d) Omit "THIRD SCHEDULE", substitute "SCHEDULE 3".

 

(e) Omit "FOURTH SCHEDULE", substitute "SCHEDULE 4".

 

(f) Omit "FIFTH SCHEDULE", substitute "SCHEDULE 5".

 

(g) Omit "SIXTH SCHEDULE", substitute "SCHEDULE 6".

 

Overview

The Navigation (Musters and Drills) Regulations 1981 were enacted under the Navigation Act 1912 to ensure the safety of crew members and passengers during maritime operations. These regulations were introduced by the Administrator of the Government of the Commonwealth of Australia, acting on the advice of the Federal Executive Council, to address the need for standardised and frequent safety drills on ships. The primary objective of these regulations is to enhance maritime safety by requiring regular practice musters, boat drills, fire drills, and liferaft drills, and ensuring the availability and familiarity with survival manuals among crew members. The regulations mandate specific intervals for conducting these drills and establish the requirement for survival manuals to be readily accessible to crew members and on liferafts or lifeboats.

Scope and Application

The Navigation (Musters and Drills) Regulations, 1981, as amended by Statutory Rules 1981 No. 118, are subordinate legislation made under the Navigation Act 1912. These Regulations apply to all masters of ships and their crews, specifying the frequency and procedures for conducting various drills and musters to ensure safety at sea. The scope of these Regulations extends across all Commonwealth waters, affecting maritime vessels operating within Australia’s jurisdiction. The Regulations set out detailed requirements for practice musters, boat drills, liferaft drills, fire drills, and the use of survival manuals, ensuring that these safety measures are carried out within specified timeframes. The amendments introduce more stringent timelines for conducting drills and require the availability of survival manuals for each crew member and in each lifeboat or liferaft. Subordinate instruments can further extend or restrict the application of these Regulations, ensuring compliance with maritime safety standards.

Key Provisions

The operative sections of the Navigation (Musters and Drills) Regulations establish key requirements for the frequency of drills and the provision of survival manuals on ships. Regulation 15(4a) mandates that the master of a passenger ship must not allow more than 7 days to pass between successive practice musters for boat drill and fire drill. Similarly, Regulation 15(6a) states that the master of a ship other than a passenger ship must not allow more than 30 days to elapse between such drills. Regulation 16(1a) imposes that the master of a ship must not allow more than 30 days to pass between successive boat drills, while Regulation 17(1a) requires that the master must not allow more than 90 days to pass between successive liferaft drills. Regulation 18(1a) mandates that the master must not allow more than 30 days to elapse between successive fire drills. Additionally, Regulation 30a(1) requires the master to ensure that a survival manual is available for each crew member and that each liferaft or lifeboat is equipped with a survival manual. The Regulations impose several obligations on the parties they govern. Under Regulation 15(4a) and (6a), the master of a ship must conduct practice musters for boat drill and fire drill within the specified timeframes. Regulation 16(1a), 17(1a), and 18(1a) require the master to conduct boat drills, liferaft drills, and fire drills, respectively, within the specified intervals. Regulation 30a(1) mandates that the master must ensure the availability of survival manuals and their presence on liferafts or lifeboats. Furthermore, Regulation 30a(2) requires each crew member to keep their survival manual at or near their berth, take it to their muster station, and familiarise themselves with its contents. The Regulations provide for specific offences and penalties for breaches. Under Regulation 15(4a) and (6a), if the master of a passenger ship or other ship fails to hold the required practice musters within the specified timeframes, they may face civil or criminal penalties as prescribed by the Navigation Act 1912. Similarly, under Regulation 16(1a), 17(1a), and 18(1a), if the master fails to conduct boat drills, liferaft drills, or fire drills within the specified intervals, they may also face civil or criminal penalties. Failure to ensure the availability of survival manuals and their presence on liferafts or lifeboats, as required by Regulation 30a(1), may also result in penalties under the Act. The exact nature and severity of these penalties are determined by the provisions of the Navigation Act 1912.

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