Marine Orders - Part 21: Safety of navigation and emergency procedures, Issue 6 (Order No. 2 of 2009)
1Purpose & power
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(a) gives effect to the following regulations of Chapter V of SOLAS:
(i) 7.3, which deals with plans on board passenger ships for co-operation with search and rescue authorities;
(ii) 10.7 and 11.7, which deal with the use of mandatory ships’ routeing systems and adopted ship reporting systems;
(iii) 14, which deals with minimum safe manning;
(iv) 15 to 20, which deal with principles of bridge design and the construction, maintenance and use of navigational systems and equipment;
(v) 21, which deals with the internationally adopted code of signals and search and rescue manual;
(vi) 23, which deals with pilot transfer arrangements;
(vii) 24 to 26, which deal with steering gear and systems;
(viii) 27 and 28, which deal with nautical charts and publications and the keeping of navigational records;
(ix) 29 to 35, which deal with the use of life-saving signals and messages (including misuse of distress signals), operational limitations on passenger ships and general principles of safe navigation and voyage planning; and
(x) 22, which deals with navigation bridge visibility.
(b) gives effect to the following regulation of Chapter VI of SOLAS:
(i) 5-1, which deals with material safety data sheets.
Note: The current text of Chapter V and VI are to be found in the SOLAS Consolidated Edition (2004), amended by
IMO Resolutions MSC.142(77), MSC.153(78), MSC.170(79), MSC.202(81) and MSC.239(83).
(c) prescribes matters for the purposes of the following provisions of the Navigation Act:
(i) section 229, which provides for regulations to make provision for or in relation
to signals of distress and urgency;
(ii) section 232, which provides for regulations to make provision for or in relation to the equipping of ships with compasses and the examination and adjustment of compasses on ships;
(iii) section 235, which provides for regulations to prescribe requirements for carrying out musters, boat drills, fire drills, collision drills and other prescribed drills, and for recording them in the official log-book;
(iv) subsection 269A(1), which provides for regulations to prescribe matters for and in relation to the sending of safety signals and messages;
(v) paragraph 425(1)(db), which provides for the regulations to prescribe matters providing for and in relation to the safe navigation and operation of ships; and
(vi) paragraph 425(1)(e), which provides for the regulations to prescribe matters providing for and in relation to the safety of persons, including pilots, going on or coming from, or on board, ships.
1.2 Power
1.2.1 Section 191 of the Navigation Act provides for the regulations to give effect to SOLAS.
1.2.2 Subsection 425(1) of the Navigation Act provides for regulations to be made prescribing matters required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.
1.2.3 Subsection 425(1AA) of the Navigation Act provides that AMSA may make orders with respect to any matter for or in relation to which provision may be made by regulation.
2 Definitions of words and phrases used in this Part
AMSA means the Australian Maritime Safety Authority established by the Australian Maritime Safety Authority Act 1990;
approved means:
(a) in relation to a ship registered in Australia - except in 14.4, approved by the Manager, Ship Inspections, or a survey authority;
(b) in relation to a ship other than a ship registered in Australia - approved by the administration of the country of registry of the ship;
certificated person means a person who holds:
(a) a certificate of proficiency in survival craft and rescue boats other than fast rescue boats issued in accordance with the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended; or
(b) a certificate recognised by the Manager, Ship Operations and Qualifications, as equivalent to such a certificate;
closing appliance means a door or other closing device designed to prevent, when closed and secured, the entry of water into a ship through a cargo port or similar opening in the bow, stern, side or superstructure of the ship;
coast radio station means a radio installation established on land for the exchange of radio communications with ships;
Deputy Chief Executive Officer Maritime Operations means the person occupying the position of Deputy Chief Executive Maritime Operations Division, in AMSA;
DSC means digital selective calling, a technique using digital codes which enables a radio station to establish contact with, and transfer information to, another station or group of stations, and complying with the relevant recommendations of the ITU-R;
EPIRB means an approved emergency position indicating radio beacon;
IMO means the International Maritime Organization;
ITU-R means the International Telecommunication Union—Radio Communication Sector;
licensed compass adjuster means a person who:
(a) holds a Licence as Compass Adjuster issued under 14.4.2; or
(b) holds a qualification determined by the Manager, Ship Operations and Qualifications, under 14.4.3 as being equivalent to a Licence as Compass Adjuster issued under 14.4.2;
Manager, Ship Inspections, means the person occupying the position of Manager, Ship Inspections, in AMSA or, in respect of any particular purpose under this Part, a suitably qualified person authorised by the Manager, Ship Inspections, for that purpose;
Manager, Ship Operations and Qualifications, means the person occupying the position of Manager, Ship Operations and Qualifications, in AMSA, or in respect of any particular purpose under this Part, a suitably qualified person authorised by the Manager, Ship Operations and Qualifications, for that purpose;
MARPOL has the same meaning as ‘the Convention’ in the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.
Navigation Act means the Navigation Act 1912;
penal provision means a penal provision for the purposes of Regulation 4 of the Navigation (Orders) Regulations 1980;
Note: Subregulation 4(1) of the Navigation (Orders) Regulations provides that a person who fails to comply with a
provision of an order made under subsection 425(1AA) of the Navigation Act that is expressed to be a penal provision is
guilty of an offence and is punishable by a fine not exceeding 50 penalty units. The maximum penalty that a court may
impose on a body corporate that fails to comply with a penal provision is 250 penalty units.
radio station means a ship radio station or a coast radio station;
safety announcement means a digital selective call using a safety call format, in the bands used for terrestrial radiocommunication, or a safety message format, in which case it is relayed through space stations;
satellite communication means transmission of information through the INMARSAT geostationary satellite service;
Senior SARO Maritime means the Senior Search and Rescue Officer Maritime of the Rescue Coordination Centre (RCC) Australia;
ship radio station means a radio installation on board a ship;
signal station means a signal station established on land for the exchange of visual communication with ships;
SOLAS means the Safety Convention as defined in the Navigation Act;
survey authority means a corporation or association for the survey of shipping, approved by AMSA, in writing, for the purposes of the Navigation Act.
Note: A list of approved survey authorities is available on AMSA’s website: www.amsa.gov.au
survival craft means a craft capable of sustaining the lives of persons in distress from the time of abandoning the ship;
survival manual means a copy of the book Survival at Sea, published by AMSA;
tanker means a cargo ship constructed or adapted for the carriage in bulk of liquid cargoes of a flammable nature;
telescopic accommodation ladder means an accommodation ladder made in 2 or more parts that slide longitudinally together or apart to vary its length;
urgency announcement means a digital selective call using an urgency call format, in the bands used for terrestrial radiocommunication, or an urgency message format, in which case it is relayed through space stations.
3 Interpretation
3.1 Unless otherwise provided, a word or phrase defined for the purposes of Chapter V of SOLAS has the same meaning for the purposes of this Part.
3.2 The expression to the satisfaction of the Manager, Ship Inspections, or any similar expression appearing in this Part, means that the Manager, Ship Inspections, or a survey authority authorised by the Manager, Ship Inspections, for the purpose, may require the fitting, material, appliance, apparatus or arrangement referred to, to be demonstrated to be safe and effective for its intended purpose.
3.3 A reference to the Administration in Chapter V of SOLAS, an IMO resolution or document referred to in this Part is to be read as a reference to the Manager, Ship Inspections.
Note: Information on obtaining copies of IMO Resolutions or other documents referred to in this Part is available from AMSA.
3.4 In this Part:
(a) headings and sub-headings are part of the Part;
(b) Appendices are part of the Part;
(c) a note is not part of the Part, but may provide additional information or guidance in applying the Part.
4 Application
4.1 Unless otherwise provided, this Part applies to all ships on all voyages, including:
(a) a ship registered in Australia; and
(b) a ship registered in a country other than Australia, that is in the territorial sea of Australia or in waters on the landward side of the territorial sea.
4.2 This Part, other than Provisions 34.2 and 34.3, does not apply to a Safety Convention ship registered in a country other than Australia, except to the extent that the ship fails to comply with SOLAS.
4.3 A provision of this Part giving effect to a provision of Chapter V of SOLAS applies to all ships, including ships referred to in subsection 2(1) of the Navigation Act, except to the extent that a law of a State or the Northern Territory gives effect to that provision of Chapter V of SOLAS in relation to that ship.
4.4 A provision of this part giving effect to Chapter VI of SOLAS only applies to ships to which SOLAS applies.
5 Exemptions & equivalents
5.1 Exemptions
The Manager, Ship Inspections, if satisfied that compliance with a provision of this Part would be unnecessary or unreasonable having regard to a ship, its equipment and its intended voyage, may exempt that ship from compliance with such provision to the extent specified and subject to such conditions as that officer thinks fit.
5.2 Equivalents
Where a provision of this Part requires a particular fitting, material, appliance or apparatus, or type thereof to be fitted or carried in a ship or a particular provision to be made in a ship, the Manager, Ship Inspections, may allow any other fitting, material, appliance or apparatus, or type thereof, to be fitted or carried, or any other provision to be made, if that officer is satisfied that the other fitting, material, appliance or apparatus, or type thereof, or provision, is at least as effective as that required by that provision of this Part.
5.3 Exemptions and equivalents not to contravene SOLAS
The Manager, Ship Inspections, must not give an exemption under 5.1 or allow an equivalent under 5.2 if it would contravene SOLAS.
Note: Applications for modifications or exemptions should be made to the Manager, Ship Inspections, and should be accompanied by relevant information. The Manager, Ship Inspections, may seek additional information to assist in reaching a decision.
6 Review of decisions
6.1 Internal review
6.1.1 If the Manager, Ship Inspections, or the Manager, Ship Operations and Qualifications, makes a decision under this Part, a person affected by the decision may, within 3 months of the date of notification of the decision or such longer period as determined by the Deputy Chief Executive Maritime Operations apply to the Deputy Chief Executive Maritime Operations for review of that decision.
6.1.2 An application for internal review under 6.1.1 must be made in writing to the Deputy Chief Executive Maritime Operations and must be accompanied by such information as the Deputy Chief Executive Maritime Operations requires to enable the decision to be properly reviewed.
6.1.3 The Deputy Chief Executive Maritime Operations, may:
(a) affirm the original decision by the Manager, Ship Inspections, or the Manager, Ship Operations and Qualifications; or
(b) make any decision that could be made by the Manager, Ship Inspections, or the Manager, Ship Operations and Qualifications, in accordance with this Part.
6.1.4 The Deputy Chief Executive Maritime Operations, must notify his or her decision in writing to the applicant within 28 days of receiving the application for internal review.
6.2 Review by the AAT
6.2.1 Application may be made to the Administrative Appeals Tribunal for review of a decision by the Deputy Chief Executive Maritime Operations, under 6.1.3.
6.2.2 The notice under 6.1.4 must include:
(a) a statement to the effect that, if the person is dissatisfied with the decision, application may, subject to the Administrative Appeals Tribunal Act 1975, be made to the Administrative Appeals Tribunal for review of the decision; and
(b) a statement to the effect that the person may request a statement under section 28 of that Act.
6.2.3 Failure to comply with 6.2.2 in relation to a decision does not affect the validity of that decision.
Section 1 - Marine Orders - Part 21: Safety of navigation and emergency procedures, Issue 6 (Order No. 2 of 2009) - Purpose & power | Zoe