Marine Order 32 (Cargo handling equipment) 2016
7Exemptions
Start here
Get a plain-English read of 7
Turn the raw legal text into a practical explanation grounded in Marine Order 32 (Cargo handling equipment) 2016.
7 Exemptions
(1) A person may apply to AMSA, in accordance with the application process set out in Marine Order 1 (Administration) 2013, for an exemption of a vessel from a requirement of this Order.
(2) AMSA may give an exemption only if satisfied that:
(a) compliance with the requirement would be unnecessary or unreasonable having regard to the vessel, its equipment and its intended voyage; and
(b) giving the exemption would not risk the safety of a person or damage the vessel or the environment.
Note Marine Order 1 (Administration) 2013 deals with the following matters about exemptions and equivalents:
Note: making an application
Note: seeking further information about an application
Note: the time allowed for consideration of an application
Note: imposing conditions on approval of an application
Note: notification of a decision on an application
Note: review of decisions.
(3) AMSA may allow a provision of this Order to be dispensed with for a loading or unloading operation, subject to any conditions, if:
(a) an event or incident has damaged or affected material handling equipment or arrangements; and
(b) a written request is received; and
(c) AMSA is satisfied that dispensing with the provision would not risk the safety of a person or damage the vessel or the environment.