Table of Contents

1 Definitions

1.1 In this Part, unless the contrary intention appears, the following definitions apply:

AMSA means the Australian Maritime Safety Authority;

bulk cargo means any material other than liquid or gas in any combination of particles, granules or other like fragmentation or aggregation which is loaded directly into a cargo space of a ship without any other form of containment;

bulk carrier means a ship designed and constructed for the carriage of bulk cargo;

cargo includes:

  (a) ship's stores, provisions, equipment and fuel;
  (b) mails;
  (c) passengers' baggage;
  (d) material for the repair of a ship or for the fitting of a cargo space or material and equipment used for securing cargo;
  (e) mechanical stowing appliances and transport equipment when carried as cargo or being handled by means of cranes or derricks.

cargo gear means an article of equipment for use with a crane or derrick in loading or unloading cargo, that:

  (a) is not riveted, welded or otherwise permanently attached to the crane or derrick or ; and
  (b) is designed to be detachable from the crane or derrick,

and includes any wire rope, fibre rope, sling, net, clamp, grab, loose gear, magnetic lifting device, vacuum lifting device, patent cargo handling system or self unloading system but does not include transport equipment or packaging;

Note: Pallets are not subject to the testing and certification requirements of this Part. They should, however, be constructed to a recognised standard (see Appendix 20), be suitable for the load to be conveyed, be in good condition and, unless intended for once only use, be marked with the owner's name or insignia.

cargo space means a space in a ship intended for the carriage of cargo and includes any trunkway and hatchway to that space;

Chief Marine Surveyor means the person occupying the position of Manager, Marine Services—Ship Inspection Programs, in AMSA or, in respect of any particular purpose under this Part, a suitable qualified person authorised by the Manager, Marine Services—Ship Inspection Programs, for that purpose;

closed container means a container that totally encloses its contents by permanent structures;

Note: A container that has small ventilation openings may be accepted as a closed container if the openings are satisfactorily sealed against the ingress of sparks.

competent person means a person having practical and theoretical knowledge and relevant experience, sufficient to enable that person to detect and evaluate any defects and any weaknesses that may affect the intended performance of the equipment;

Note: Chief Officers, Chief Engineer Officers and Second Engineer Officers are considered to be competent persons in relation to the carrying out of thorough annual examinations, and other inspections, of unclassed cargo gear and lifting appliances.

container and container corner fittings have the same meaning as in Marine Orders, Part 44 (Safe Containers);

crane includes a derrick crane except where the context otherwise requires, but excludes a machinery space crane which is subject to the requirements of Appendix 4 of Marine Orders, Part 20 (Ship Machinery);

derrick crane means a derrick fitted with operating winches and two span tackles of such design that the derrick can be topped and slewed while hoisting a load;

derrick includes, unless the context otherwise requires, the supporting structure and positioning devices, such as mast, king post, sampson post, stay, lugs, goosenecks, eyebolts, topping lift, guys, preventers and winches;

fibre rope means a rope constructed of natural or synthetic fibre only and includes rope or flat-woven webbing constructed of natural or synthetic fibres;

hatchway means an aperture in a deck of a ship providing access to a cargo space for loading or unloading;

IBC means intermediate bulk container;

illumination means illumination in the horizontal plane at a height of one metre above a working surface;

inspection, in relation to materials handling equipment, for the purposes of 15 of this Part, means a careful visual examination including, if necessary, dismantling, to assess the condition of the assembly or article for any deformation, distortion, damage, wear, corrosion or any other defect impairing its operational reliability;

intermediate bulk container means a cargo receptacle:

  (a) constructed of rigid, semi-rigid or flexible materials, or a combination of such materials;
  (b) designed to be lifted by materials handling equipment, by means of either integral or detachable devices; and
  (c) having a capacity, of not less than 0.25 cubic metres and not more than 3 cubic metres;

loading means conveying cargo from a location outside a ship to a location on board a ship, or transferring cargo between locations on board a ship, and includes associated operations such as lashing and securing of cargo and inserting clamps and pins in securing devices;

loose gear means an item of equipment by means of which a load may be attached to a crane or derrick, which does not form an integral part of the crane or derrick, and includes any block, shackle, hook, swivel, connecting plate, ring, chain block or hoist, chain or overhauling weight and the component parts of a pallet bar, lifting beam, lifting frame, spreader, tray, tub or other cargo receptacle other than an intermediate bulk container or transport equipment;

materials handling equipment means an article or an integrated assembly of articles designed to convey or for use in conveying cargo and includes cargo gear, a crane, derrick, cargo lift, side loading platform, mechanical loading appliance and mechanical stowing appliance;

mechanical stowing appliance means a wheeled or tracked machine or vehicle designed to convey or move cargo and includes any lift truck, straddle truck, side-loader, tractor, bulldozer, front-end loader, trailer and truck;

owner, in relation to shore equipment used in loading or unloading a ship, includes the person having possession of the equipment for the purpose of the loading or unloading operation;

pallet means a load-carrying platform having 2 interconnected decks separated to permit the entry of lifting equipment, such as fork arms, tines, bars or slings;

person in charge means a person appointed under 9 of this Part;

personnel cradle means a cradle, cage, box platform or similar appliance for use in conveying persons to work locations at or near the top of a container, barge or similar transport equipment or to cargo stowed on board a ship;

portable means capable of being lifted manually by one person or 2 persons in conjunction;

prescribed person means the surveyor in charge of the nearest AMSA survey office;

proof load, in relation to materials handling equipment, means the proof load for that equipment determined in accordance with this Part;

responsible person means a person who, in relation to materials handling equipment, is competent and qualified and:

(a) is responsible to:

(i) the manufacturer of that equipment;

(ii) a classification society in pursuance of a scheme of classification or certification of such equipment; or

(iii) a competent testing establishment,

for carrying out any testing and associated thorough examination and issuing certificates of test in respect of that equipment as required by this Part; or

(b) is responsible to:

(i) the owner or master of the ship, where that equipment is the ship's equipment; or

(ii) the owner, where that equipment is shore equipment; or

(iii) a classification society in pursuance of a scheme of classification or certification of such equipment,

for carrying out thorough examinations, other than those associated with testing, of that equipment required by this Part or for determining the safe working load of cargo gear that is not required to be permanently marked with a SWL;

Note: In respect of testing, thorough examination associated with testing, and certification of equipment, a responsible person should be a suitably qualified person who has been appointed or authorised by a classification society, or an organisation dedicated to the test and certification of materials handling equipment.

returnable cargo unit means a packaging, into which cargo is packed, intended to convey cargo from consignor to consignee and that:

(a) is designed to be handled as a single unit;

(b) is not a freight container or intermediate bulk container;

(c) is fitted with integral lifting attachments;

(d) is intended for return and subsequent re-use; and

(e) may or may not be collapsible;

runner means a wire rope used for hoisting or lowering a load;

safe working load means, in relation to an article of materials handling equipment, the load that a responsible person considers is the maximum load that may be imposed on that article in order to allow an adequate margin of safety in the normal operation of that article;

self unloading system means, in relation to the handling of bulk cargoes, an arrangement of devices and equipment on board a ship, designed so that unloading is effected without recourse to the use of grabs, tubs or similar items of loose gear in conjunction with cranes or derricks;

shipborne barge means an independent, non-self-propelled vessel, specifically designed and equipped to be lifted in a loaded condition and stowed on board a ship;

ship equipment means materials handling equipment carried or installed on board a ship;

shore crane means a crane that is shore equipment and includes any equipment operated or controlled from the cabin of that crane, being:

  (a) permanently attached ancillary equipment; or
  (b) detachable equipment designed for use with the crane;
  shore equipment means materials handling equipment that is not ship equipment and includes a floating crane;
  specialised handling system means a method of loading or unloading cargo that employs specialised materials handling equipment designed to dispense with manual handling of cargo by sling, tray, tub, pallet or similar cargo gear, and includes reclaiming devices, conveyor belts, and the handling of multiple units connected together by twistlocks, banding or strapping, or similar appliances, that have not been individually tested and marked in accordance with this Part;

SWL means safe working load;

testing establishment means an establishment equipped for the testing and examination of cargo gear;

thorough examination means a detailed visual examination in accordance with 15.2.10;

transport equipment means equipment of a permanent character that facilitates the transport of a combination or aggregation of cargo as a single unit and includes containers, intermediate bulk containers, returnable cargo units and shipborne barges, but does not include cargo gear;

tray means an article of materials handling equipment designed for repeated use in conveying cargo, that has attachments by which it may be hoisted or otherwise conveyed but does not include transport equipment or a pallet; and

unloading means to convey cargo located on board a ship to a location outside the ship, and includes associated operations such as unlashing of cargo and removing clamps and pins from securing devices.

1.2 In this Part, a reference to the date on which a ship was built means the date on which not less than 50 tonnes or one per cent of the proposed total mass of the structural material of the ship, whichever is the less, has been assembled.

1.3 In this Part:

(a) headings and sub-headings are part of the Part;

(b) each Appendix is part of the Part;

(c) a note included in the text and printed in italics is not part of the Part.

2 Purpose

This Part:

(a) for the purposes of paragraphs 425(1)(a), 283D(1)(b) and 283E(1)(b) of the Navigation Act, prescribes matters providing for and in relation to the inspection and testing of machinery and appliances for the loading and unloading of ships, off-shore industry vessels and off-shore industry mobile units;

(b) for the purposes of paragraphs 425(1)(b), 283D(1)(b) and 283E(1)(b) of the Navigation Act, prescribes matters providing for and in relation to the prevention of the use of defective machinery or appliances for the loading or unloading of ships, off-shore industry vessels and off-shore industry mobile units;

(c) for the purposes of paragraphs 425(1)(c), 283D(1)(b) and 283E(1)(b) of the Navigation Act, prescribes matters providing for and in relation to the protection of the health and the security from injury of persons engaged in the loading or unloading of ships, off-shore industry vessels and off-shore industry mobile units;

(d) for the purposes of paragraph 283E(1)(c)(xiii) of the Navigation Act, makes provision for or in relation to the transfer of persons and goods to or from off-shore industry mobile units, including the provision, maintenance and use of cranes and other lifting devices and equipment;

(e) gives effect, in whole or in part, to the following instruments of the International Labour Organisation:

(i) Convention No. 27, Marking of Weight (Packages Transported by Vessels), 1929;

(ii) Convention No. 152, Occupational Safety and Health (Dock Work), 1979;

(iii) Recommendation No.160, Occupational Safety and Health (Dock Work), 1979;

(iv) ILO Code of Practice: Safety and Health in Dock Work.

3 Application

This Part applies to and in relation to:

  (a) the loading or unloading of any ship at a port in Australia or in an external territory of Australia;
  (b) the loading or unloading at any port of a ship to which Part II of the Navigation Act applies; and
  (b) the loading or unloading of an off-shore industry mobile unit.

Note 1: This Part regulates the use of materials handling equipment whether ship or shore equipment where that equipment is used for loading or unloading.

Note 2: By virtue of section 283K of the Navigation Act, the provisions of this Part do not have effect to the extent that they are inconsistent with a valid direction given under section 101 of the Petroleum (Submerged Lands) Act 1967.

1 Definitions

1.1 In this Part, unless the contrary intention appears, the following definitions apply:

AMSA means the Australian Maritime Safety Authority;

bulk cargo means any material other than liquid or gas in any combination of particles, granules or other like fragmentation or aggregation which is loaded directly into a cargo space of a ship without any other form of containment;

bulk carrier means a ship designed and constructed for the carriage of bulk cargo;

cargo includes:

  (a) ship's stores, provisions, equipment and fuel;
  (b) mails;
  (c) passengers' baggage;
  (d) material for the repair of a ship or for the fitting of a cargo space or material and equipment used for securing cargo;
  (e) mechanical stowing appliances and transport equipment when carried as cargo or being handled by means of cranes or derricks.

cargo gear means an article of equipment for use with a crane or derrick in loading or unloading cargo, that:

  (a) is not riveted, welded or otherwise permanently attached to the crane or derrick or ; and
  (b) is designed to be detachable from the crane or derrick,

and includes any wire rope, fibre rope, sling, net, clamp, grab, loose gear, magnetic lifting device, vacuum lifting device, patent cargo handling system or self unloading system but does not include transport equipment or packaging;

Note: Pallets are not subject to the testing and certification requirements of this Part. They should, however, be constructed to a recognised standard (see Appendix 20), be suitable for the load to be conveyed, be in good condition and, unless intended for once only use, be marked with the owner's name or insignia.

cargo space means a space in a ship intended for the carriage of cargo and includes any trunkway and hatchway to that space;

Chief Marine Surveyor means the person occupying the position of Manager, Marine Services—Ship Inspection Programs, in AMSA or, in respect of any particular purpose under this Part, a suitable qualified person authorised by the Manager, Marine Services—Ship Inspection Programs, for that purpose;

closed container means a container that totally encloses its contents by permanent structures;

Note: A container that has small ventilation openings may be accepted as a closed container if the openings are satisfactorily sealed against the ingress of sparks.

competent person means a person having practical and theoretical knowledge and relevant experience, sufficient to enable that person to detect and evaluate any defects and any weaknesses that may affect the intended performance of the equipment;

Note: Chief Officers, Chief Engineer Officers and Second Engineer Officers are considered to be competent persons in relation to the carrying out of thorough annual examinations, and other inspections, of unclassed cargo gear and lifting appliances.

container and container corner fittings have the same meaning as in Marine Orders, Part 44 (Safe Containers);

crane includes a derrick crane except where the context otherwise requires, but excludes a machinery space crane which is subject to the requirements of Appendix 4 of Marine Orders, Part 20 (Ship Machinery);

derrick crane means a derrick fitted with operating winches and two span tackles of such design that the derrick can be topped and slewed while hoisting a load;

derrick includes, unless the context otherwise requires, the supporting structure and positioning devices, such as mast, king post, sampson post, stay, lugs, goosenecks, eyebolts, topping lift, guys, preventers and winches;

fibre rope means a rope constructed of natural or synthetic fibre only and includes rope or flat-woven webbing constructed of natural or synthetic fibres;

hatchway means an aperture in a deck of a ship providing access to a cargo space for loading or unloading;

IBC means intermediate bulk container;

illumination means illumination in the horizontal plane at a height of one metre above a working surface;

inspection, in relation to materials handling equipment, for the purposes of 15 of this Part, means a careful visual examination including, if necessary, dismantling, to assess the condition of the assembly or article for any deformation, distortion, damage, wear, corrosion or any other defect impairing its operational reliability;

intermediate bulk container means a cargo receptacle:

  (a) constructed of rigid, semi-rigid or flexible materials, or a combination of such materials;
  (b) designed to be lifted by materials handling equipment, by means of either integral or detachable devices; and
  (c) having a capacity, of not less than 0.25 cubic metres and not more than 3 cubic metres;

loading means conveying cargo from a location outside a ship to a location on board a ship, or transferring cargo between locations on board a ship, and includes associated operations such as lashing and securing of cargo and inserting clamps and pins in securing devices;

loose gear means an item of equipment by means of which a load may be attached to a crane or derrick, which does not form an integral part of the crane or derrick, and includes any block, shackle, hook, swivel, connecting plate, ring, chain block or hoist, chain or overhauling weight and the component parts of a pallet bar, lifting beam, lifting frame, spreader, tray, tub or other cargo receptacle other than an intermediate bulk container or transport equipment;

materials handling equipment means an article or an integrated assembly of articles designed to convey or for use in conveying cargo and includes cargo gear, a crane, derrick, cargo lift, side loading platform, mechanical loading appliance and mechanical stowing appliance;

mechanical stowing appliance means a wheeled or tracked machine or vehicle designed to convey or move cargo and includes any lift truck, straddle truck, side-loader, tractor, bulldozer, front-end loader, trailer and truck;

owner, in relation to shore equipment used in loading or unloading a ship, includes the person having possession of the equipment for the purpose of the loading or unloading operation;

pallet means a load-carrying platform having 2 interconnected decks separated to permit the entry of lifting equipment, such as fork arms, tines, bars or slings;

person in charge means a person appointed under 9 of this Part;

personnel cradle means a cradle, cage, box platform or similar appliance for use in conveying persons to work locations at or near the top of a container, barge or similar transport equipment or to cargo stowed on board a ship;

portable means capable of being lifted manually by one person or 2 persons in conjunction;

prescribed person means the surveyor in charge of the nearest AMSA survey office;

proof load, in relation to materials handling equipment, means the proof load for that equipment determined in accordance with this Part;

responsible person means a person who, in relation to materials handling equipment, is competent and qualified and:

(a) is responsible to:

(i) the manufacturer of that equipment;

(ii) a classification society in pursuance of a scheme of classification or certification of such equipment; or

(iii) a competent testing establishment,

for carrying out any testing and associated thorough examination and issuing certificates of test in respect of that equipment as required by this Part; or

(b) is responsible to:

(i) the owner or master of the ship, where that equipment is the ship's equipment; or

(ii) the owner, where that equipment is shore equipment; or

(iii) a classification society in pursuance of a scheme of classification or certification of such equipment,

for carrying out thorough examinations, other than those associated with testing, of that equipment required by this Part or for determining the safe working load of cargo gear that is not required to be permanently marked with a SWL;

Note: In respect of testing, thorough examination associated with testing, and certification of equipment, a responsible person should be a suitably qualified person who has been appointed or authorised by a classification society, or an organisation dedicated to the test and certification of materials handling equipment.

returnable cargo unit means a packaging, into which cargo is packed, intended to convey cargo from consignor to consignee and that:

(a) is designed to be handled as a single unit;

(b) is not a freight container or intermediate bulk container;

(c) is fitted with integral lifting attachments;

(d) is intended for return and subsequent re-use; and

(e) may or may not be collapsible;

runner means a wire rope used for hoisting or lowering a load;

safe working load means, in relation to an article of materials handling equipment, the load that a responsible person considers is the maximum load that may be imposed on that article in order to allow an adequate margin of safety in the normal operation of that article;

self unloading system means, in relation to the handling of bulk cargoes, an arrangement of devices and equipment on board a ship, designed so that unloading is effected without recourse to the use of grabs, tubs or similar items of loose gear in conjunction with cranes or derricks;

shipborne barge means an independent, non-self-propelled vessel, specifically designed and equipped to be lifted in a loaded condition and stowed on board a ship;

ship equipment means materials handling equipment carried or installed on board a ship;

shore crane means a crane that is shore equipment and includes any equipment operated or controlled from the cabin of that crane, being:

  (a) permanently attached ancillary equipment; or
  (b) detachable equipment designed for use with the crane;
  shore equipment means materials handling equipment that is not ship equipment and includes a floating crane;
  specialised handling system means a method of loading or unloading cargo that employs specialised materials handling equipment designed to dispense with manual handling of cargo by sling, tray, tub, pallet or similar cargo gear, and includes reclaiming devices, conveyor belts, and the handling of multiple units connected together by twistlocks, banding or strapping, or similar appliances, that have not been individually tested and marked in accordance with this Part;

SWL means safe working load;

testing establishment means an establishment equipped for the testing and examination of cargo gear;

thorough examination means a detailed visual examination in accordance with 15.2.10;

transport equipment means equipment of a permanent character that facilitates the transport of a combination or aggregation of cargo as a single unit and includes containers, intermediate bulk containers, returnable cargo units and shipborne barges, but does not include cargo gear;

tray means an article of materials handling equipment designed for repeated use in conveying cargo, that has attachments by which it may be hoisted or otherwise conveyed but does not include transport equipment or a pallet; and

unloading means to convey cargo located on board a ship to a location outside the ship, and includes associated operations such as unlashing of cargo and removing clamps and pins from securing devices.

1.2 In this Part, a reference to the date on which a ship was built means the date on which not less than 50 tonnes or one per cent of the proposed total mass of the structural material of the ship, whichever is the less, has been assembled.

1.3 In this Part:

(a) headings and sub-headings are part of the Part;

(b) each Appendix is part of the Part;

(c) a note included in the text and printed in italics is not part of the Part.

2 Purpose

This Part:

(a) for the purposes of paragraphs 425(1)(a), 283D(1)(b) and 283E(1)(b) of the Navigation Act, prescribes matters providing for and in relation to the inspection and testing of machinery and appliances for the loading and unloading of ships, off-shore industry vessels and off-shore industry mobile units;

(b) for the purposes of paragraphs 425(1)(b), 283D(1)(b) and 283E(1)(b) of the Navigation Act, prescribes matters providing for and in relation to the prevention of the use of defective machinery or appliances for the loading or unloading of ships, off-shore industry vessels and off-shore industry mobile units;

(c) for the purposes of paragraphs 425(1)(c), 283D(1)(b) and 283E(1)(b) of the Navigation Act, prescribes matters providing for and in relation to the protection of the health and the security from injury of persons engaged in the loading or unloading of ships, off-shore industry vessels and off-shore industry mobile units;

(d) for the purposes of paragraph 283E(1)(c)(xiii) of the Navigation Act, makes provision for or in relation to the transfer of persons and goods to or from off-shore industry mobile units, including the provision, maintenance and use of cranes and other lifting devices and equipment;

(e) gives effect, in whole or in part, to the following instruments of the International Labour Organisation:

(i) Convention No. 27, Marking of Weight (Packages Transported by Vessels), 1929;

(ii) Convention No. 152, Occupational Safety and Health (Dock Work), 1979;

(iii) Recommendation No.160, Occupational Safety and Health (Dock Work), 1979;

(iv) ILO Code of Practice: Safety and Health in Dock Work.

3 Application

This Part applies to and in relation to:

  (a) the loading or unloading of any ship at a port in Australia or in an external territory of Australia;
  (b) the loading or unloading at any port of a ship to which Part II of the Navigation Act applies; and
  (b) the loading or unloading of an off-shore industry mobile unit.

Note 1: This Part regulates the use of materials handling equipment whether ship or shore equipment where that equipment is used for loading or unloading.

Note 2: By virtue of section 283K of the Navigation Act, the provisions of this Part do not have effect to the extent that they are inconsistent with a valid direction given under section 101 of the Petroleum (Submerged Lands) Act 1967.

4 Exemptions and equivalents

4.1 Exemptions

4.1.1 The Chief Marine Surveyor may, upon written application and if satisfied that persons will not thereby be endangered, exempt a ship or class of ships from compliance with a provision of this Part to the extent specified and subject to such conditions as that officer thinks fit.

4.1.2 A prescribed person may, upon written application and if satisfied that persons will not thereby be endangered, allow any provision of this Part to be dispensed with for the purpose of a loading or unloading operation, to the extent specified and subject to such conditions as that officer thinks fit.

4.2 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 Chief Marine Surveyor 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 Transitional

5.1 A test or examination conducted for the purposes of and in accordance with Issue 1 of this Part, is to be taken to be a test, thorough examination or inspection, as appropriate, conducted in accordance with this Issue of this Part.

5.2 A certificate issued or recognised for the purposes of and in accordance with Issue 1 of this Part is to be taken to be a certificate issued pursuant to this Issue of this Part.

6 Review of Decisions

6.1 Reviewable decisions

Application may be made to the Administrative Appeals Tribunal for a review of a decision:

(a) by the Chief Marine Surveyor or a prescribed person, refusing, restricting or imposing a condition on an exemption or dispensation under 4.1;

(b) by the Chief Marine Surveyor, refusing to allow under 4.2 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;

(c) by a surveyor, prohibiting the use of equipment under 13.2.1;

(d) by a surveyor, requiring that a package, article of cargo or a mechanical stowing appliance be weighed under 13.3;

(e) by a surveyor, in relation to the nomination of a weighing instrument under 13.3;

(f) by a surveyor, prohibiting a loading or unloading operation under 13.4.1;

(g) by the Chief Marine Surveyor, refusing to approve a patent handling system under 1.4 of Appendix 14;

(h) by the Chief Marine Surveyor, refusing to accept an alternative method under 3.2 of Appendix 22.

6.2 Statements to accompany notices

If a person making a decision referred to in 6.1 gives to a person whose interests are affected by the decision notice in writing of the decision, the notice must:

(a) include 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) except where subsection 28 (4) of that Act applies, also include a statement to the effect that the person may request a statement under section 28 of that Act.

6.3 Validity of decisions

Failure to comply with 6.2 in relation to a decision does not affect the validity of that decision.

7 Control

7.1 A person must not knowingly:

  (a) make a false certificate, false entry in a register or other false representation in relation to a matter to which this Part applies;
  (b) mark an article of cargo, a package or an article of materials handling equipment with a false gross mass or a false maximum gross mass; or
  (c) mark an article of materials handling equipment with a false safe working load.

7.2 A marking or representation is not considered to be false if the actual mass of the item in question is less than the declared mass or, if no mass is declared, the SWL or maximum gross mass marked on the item.

8 Penal provisions

8.1 The following provisions of this Part are penal provisions: 7, 9.1.2, 9.1.3, 9.1.6, 9.2.3, 10.1, 10.2, 10.3.1, 10.3.3, 10.3.4, 10.6.1, 10.6.2, 11.1, 11.2.1, 11.2.2, 11.3, 12, 13.1.1, 13.1.2, 13.2.2, 13.4.2, 14.1, 16.1.1, 16.1.2, 16.1.3, 16.2.3, 17.1, 17.2, 17.4, 17.5, 17.6.1 and 17.6.2.

8.2 Failure to comply with 12 constitutes an offence by the shipper of the article.

8.3 Failure to comply with 17.1, 17.6.1 or 17.6.2 constitutes an offence by:

  (a) in the case of ship equipmentthe owner, agent and master of the ship; and
  (b) in the case of shore equipmentthe owner of the equipment.

Note: Regulation 4 of the Navigation (Orders) Regulations provides:
'4. A person who contravenes a provision of an order made under subsection 425(1AA) of the Act that is expressed to be a penal provision is guilty of an offence and is punishable, upon conviction:
(a) if the offender is a natural person—by a fine not exceeding $2,000; or
(b) if the offender is a body corporate—by a fine not exceeding $5,000.'

9 Person In Charge

9.1 Identifying the person in charge

9.1.1 A person, other than the master, undertaking to load or unload a ship at a port in Australia must, before commencement of that undertaking, appoint a person or persons in charge of the undertaking.

Note: Where the 'person' undertaking loading or unloading is a firm or company, that firm or company must make the appointment.

9.1.2 A person making an appointment under 9.1.1 must provide to the master of the ship written notification of the appointment or appointments.

9.1.3 A person in charge must enter in a logbook:

  (a) the time at which he or she commences each period of duty as person in charge; and
  (b) the time of termination of each such period of duty.

9.1.4 Notwithstanding 9.1.1 and 9.1.3 but subject to 9.1.7, a person who has commenced a period of duty in charge of loading or unloading of a ship is deemed to remain person in charge for the purposes of this Part:

  (a) until that person has directed loading or unloading of the ship to cease and has made an entry to that effect in the logbook; or
  (b) until another person appointed in accordance with 9.1.1 has commenced a period of duty as person in charge and has made an entry to that effect in the logbook.

9.1.5 Not more than one person at a time is to be person in charge.

9.1.6 A person must not be appointed as the person in charge unless that person is:

  (a) well experienced in all aspects of the type of loading or unloading to be undertaken; and
  (b) capable of directing all tasks relevant to the loading or unloading.

9.1.7 A person appointed in accordance with 9.1.1, being unable to direct the loading or unloading of a ship at any time during his or her period of duty, may appoint a person qualified in accordance with 9.1.6 to direct the loading or unloading during the period of that inability, and such qualified person is deemed to be the person in charge for that period for the purposes of this Part.

Note: Provisions 9.1.3 and 9.1.4 apply to a delegated person in charge.

9.1.8 Where cargo is being loaded or unloaded by crew of the ship, the master will for the purposes of this Part be deemed to be the appointed person in charge.

Note: Loading includes transfer of cargo within a ship.

9.2 Functions and duties of person in charge

9.2.1 It is the function of the person in charge to direct the tasks relevant to the loading or unloading of the ship and to ensure that they are carried out in a safe and orderly manner.

9.2.2 It is the duty of the person in charge to take all reasonable steps necessary to discharge his or her function, and in particular to ensure as far as practicable that:

  (a) all operations are performed in compliance with this Part;
  (b) the materials handling equipment of the ship has been tested, thoroughly examined and inspected as required by this Part;
  (c) persons are not engaged in loading or unloading unless they have been given adequate instruction and training concerning the risks involved and precautions to be taken;
  (d) all persons are reasonably protected against accidental injury arising from the loading or unloading of the ship, and from movement of unsecured cargo or other objects on the ship;
  (e) persons not engaged in the loading or unloading of the ship or having any other proper function in connection with the loading or unloading, do not remain:

(i) in the vicinity of cargo-handling operations; or

(ii) on any deck where roll-on/roll-off loading or unloading is taking place,

unless such person has the permission of the master or a person authorised by the master to give such permission; and

  (f) if a workplace becomes unsafe or there is a risk of injury to health, effective measures are taken to protect the workers until the place has been made safe again.

9.2.3 If, in connection with the loading or unloading of a ship:

  (a) a person receives an injury requiring referral to a hospital; or
  (b) a component of materials handling equipment fails in operation, whether or not any person is thereby injured,

the master, on advice from the person in charge, must submit to the Manager, Marine Operations and Personnel, in AMSA through AusSAR:

(a) within four hours of the incident—an initial report in accordance with Form MO-32/5 in Appendix 23; and

(b) within 72 hours of the incident—a full report in accordance with Form MO-32/6 in Appendix 23.

Note: Two forms are available from AMSA: Form AMSA 18, which is an Incident Alert form, and AMSA 19, which is an Incident Report form.

10 Loading and unloading

10.1 Person in charge to direct loading and unloading

A person must not, to any extent, load or unload a ship unless that person does so under the direction of the person in charge.

10.2 Loading and unloading to comply with this Part

A person must not:

  (a) to any extent, load or unload a ship;
  (b) use or operate any materials handling equipment in connection with the loading or unloading of a ship;
  (c) direct or purport to authorise any other person to load or unload a ship to any extent, or operate materials handling equipment in connection with the loading or unloading of a ship; or
  (d) use or direct or purport to authorise any other person to use in connection with the loading or unloading of a ship, except in the event of an emergency, any means of passage or access,

otherwise than in compliance with or as provided by this Part.

10.3 Use of equipment

10.3.1 Subject to 10.3.2, a person who:

  (a) is under 18 years of age; or
  (b) does not possess the necessary aptitudes and experience,

must not:

  (c) operate any mechanical stowing appliance, crane or winch; or
  (d) give directional signals to a driver of a crane, winch or other mechanical stowing appliance; or
  (e) have responsibility for attending to cargo falls on winch ends or winch drums; or
  (f) perform tasks involving hoisting, lowering or otherwise adjusting derrick gear or other materials handling equipment.

10.3.2 Provision 10.3.1 does not apply to:

  (a) a member of the crew of the ship being loaded or unloaded; or
  (b) a person under training while properly supervised.

10.3.3 A person must not operate power operated hatch covers unless that person is:

  (a) a member of the crew of the ship being loaded or unloaded; or
  (b) a person authorised to do so by the officer in charge of the loading or unloading operation.
  10.3.4 A person, other than a member of the crew of the ship, must not operate ship's side, bow or stern doors, 'tween deck bulkhead doors, ramps, retractable car decks or similar ship equipment unless that person has been specifically authorised by the Master of the ship to do so.

10.4 Protective clothing

A person must not load or unload a ship unless that person wears protective clothing and other protective equipment appropriate for the loading or unloading operation, for the duration of the operation.

Note: It is the responsibilities of employers to define the protective clothing to be worn in any particular circumstances.

10.5 Operations to or from a barge or lighter

Cargo must not be loaded into a ship from a manned barge or lighter, or unloaded from a ship into a manned barge or lighter, unless there is provided on the barge or lighter, at least one lifebuoy with at least 30 metres of buoyant line attached.

10.6 Removal of equipment

10.6.1 A person must not, during the loading or unloading of a ship, remove or otherwise interfere with any fencing, safety device, gangway, means of access, ladder, lighting, hatchway cover, materials handling equipment, stage, mark, life-saving appliance or other article or fitting provided in connection with loading or unloading for the purpose of compliance with this Part, except:

  (a) in the event of an emergency; or
  (b) as directed by the master or an officer of the ship, or by the person in charge.

10.6.2 Any item referred to in 10.6.1 removed as permitted by that provision, must be replaced as soon as there is no longer any reason for its removal, by the person effecting or directing the removal, as appropriate.

Note: It is a fundamental responsibility of every person engaged in loading or unloading a ship to do so with proper regard for their own safety and that of other persons. The fact that a person in charge is directing the operation or that the provisions of this Part are being correctly applied does not relieve a person of that fundamental responsibility.

10.7 Reporting of risks

If persons engaged in the loading or unloading of a ship have reason to believe that a risk exists and those persons are unable reasonably to remove the risk themselves, the situation must be reported to the person in charge as soon as practicable.

11 Access to a ship or compartment

11.1 Means of passage

A person passing to or from a ship during loading or unloading of the ship, if that person is on foot, must not use a means other than a means of access complying with Marine Orders, Part 23 (Equipment—Miscellaneous and Safety Measures).

11.2 Safe atmosphere

11.2.1 Appropriate and reasonable precautions must be taken by the owner or master of a ship to prevent access by persons to a space that has an unsafe atmosphere.

11.2.2 Appropriate and reasonable precautions must be taken by the owner or master of a ship to prevent access by persons to a space that has been fumigated until the atmosphere in that space has been determined to be safe.

Note 1: A licensed fumigator (a person licensed under relevant State or Territory laws to fumigate enclosed spaces using substances hazardous to human life), an appropriately qualified chemist or a person who has successfully completed an appropriate training course could make the required determination.

Note 2: Where the safety of the atmosphere may be reduced as a result of cargo operations, such as in a ro-ro vehicle deck, the master should ensure that ventilation machinery is operating so as to provide at least the minimum required number of changes of air in the space.

11.3 Obstructions

The owner or master of a ship must ensure that any part of the ship's structure that could be an obstruction to vehicular traffic, such as stanchions and pillars, is made conspicuous by markings of sharply contrasting colours and, if necessary, adequately lit.

12 Marking of cargo mass

12.1 An article of cargo, a package, a container, a portable tank, an intermediate bulk container, a returnable cargo unit or other unitised articles of cargo of one tonne gross mass or more, to be loaded on a ship at a port in Australia, must be marked with its gross mass in accordance with Appendix 19 by the shipper of that article, package or unitised cargo.

12.2 If the actual gross mass is not marked on an article of transport equipment, it is deemed that the shipper has declared that the actual gross mass is equal to the maximum gross mass or, in the case of a flexible intermediate bulk container, the SWL marked on the item.

13 Powers and functions of surveyors

13.1 Inspection

13.1.1 The master of a ship or the owner of shore equipment, as appropriate must permit a surveyor to inspect materials handling equipment to which this Part applies, at any reasonable time.

13.1.2 The master of a ship or the owner of shore equipment must, at the request of a surveyor, produce for inspection the register of materials handling equipment and any certificate issued by a responsible person in accordance with this Part in respect of that equipment.

13.2 Defect notice

13.2.1 If a surveyor is satisfied that materials handling equipment is defective, he must give written notice of the defect to the master or the owner of shore equipment as appropriate, and to the person in charge, and may prohibit the use of such equipment for loading or unloading a ship.

Note: Material handling equipment is defective if, inter alia, it has not been tested, thoroughly examined, or inspected as required by this Part.

13.2.2 Materials handling equipment prohibited from use under 13.2.1 must not be used for loading or unloading until:

  (a) the defect specified in the notice has been rectified; and
  (b) the prohibition has been withdrawn by a surveyor.

13.3 Weighing of cargo or appliance

A surveyor may, for any purpose of this Part, require the weighing of a package, an article of cargo or a mechanical stowing appliance and may for that purpose nominate the weighing instrument.

13.4 Unsafe arrangements

13.4.1 If a surveyor considers that a loading or unloading operation is or will be unsafe, whether or not the other provisions of this Part are complied with, he or she may give written direction to the person in charge and, if appropriate, to the master of the ship, prohibiting the loading or unloading operation.

13.4.2 If a direction in accordance with 13.4.1 is given, loading or unloading must not take place until the surveyor is satisfied that the operation is safe and the direction is withdrawn.

Note: The giving or withdrawal of a prohibition notice does not affect action that may be taken in respect of an Australian ship under the Occupational Health and Safety (Maritime Industry) Act 1993.

14 Safe working load

14.1 Drawings

The owner of a ship on which a crane or derrick is installed for use in loading or unloading the ship must keep on board the ship at all times a drawing or drawings in accordance with Appendixes 9 and 10 of all cranes and derricks so installed.

14.2 Determination and marking

An article of materials handling equipment must not be used in loading or unloading a ship unless a responsible person, having regard to the design, strength, material of construction and proposed use of the article, has:

  (a) determined the safe working load of the article; and
  (b) marked the safe working load and associated information on the article, in accordance with this Part.

14.3 SWL standards

In determining the safe working load of an article of materials handling equipment, the responsible person is to be guided by:

  (a) the relevant Australian Standard specified in Appendix 20 of this Part; or
  (b) an appropriate national standard established by a signatory member body of the International Organization for Standardization (ISO) or, in the case of electrical equipment, an affiliate body of the International Electrotechnical Commission (IEC).

14.4 Maximum load

An article of materials handling equipment must not be used to handle a load exceeding the safe working load of that equipment, for the purpose of loading or unloading a ship, except in accordance with Appendix 6.

Note: The mass of any loose gear, spreader, equalising beam and such like attachments is to be taken into account in calculating the load on derricks or cranes.

15 Testing, thorough examination, inspection and certification

15.1 General

15.1.1 Every item of materials handling equipment, and every sling or lifting device forming an integral part of a load, must be of good design and construction, of adequate strength for the purpose to which it is used and, if appropriate, properly installed.

15.1.2 Except as otherwise provided by this Part, materials handling equipment must not be used for loading or unloading unless:

(a) it has been tested, thoroughly examined, certificated and inspected, in accordance with this Part;

(b) the current record of examination and inspection in the appropriate register of material handling equipment indicates that the equipment is fit for use; and

(c) it appears in all respects to be fit for such use.

15.1.3 If materials handling equipment tested and examined in accordance with this Part is considered satisfactory by the responsible person, he or she is to issue the appropriate certificate specified in Appendix 23.

15.1.4 If materials handling equipment inspected in accordance with this Part is considered satisfactory by the competent person, he or she is to record the inspection in the appropriate register of materials handling equipment.

15.2 Items other than wire and fibre ropes, nets and slings

15.2.1 Materials handling equipment for use in loading or unloading a ship must be tested and thoroughly examined by a responsible person in accordance with Appendix 5 of this Part:

(a) before being put into use for the first time; and

(b) following renewal or repair of any stress bearing part, except when the renewal is pursuant to a routine maintenance schedule.

15.2.2 In addition to the requirements of 15.2.1, and subject to 15.2.6, 15.2.7, 15.2.8 and 15.2.9, materials handling equipment for use in loading or unloading a ship must subsequently:

(a) be tested and thoroughly examined in accordance with Appendix 5 of this Part by a responsible person at intervals not exceeding five years; and

(b) be thoroughly examined at intervals not exceeding twelve months by:

(i) in the case of equipment under survey with a classification societya responsible person; and

(ii) in any other casea competent person.

Note: Items of equipment permanently attached to lifting gear, including lower cargo blocks, ponder balls and cargo hooks dedicated to use with a specific crane or derrick, and forming part of the assembly are not considered loose gear and need not be separately tested at the five yearly testing of the crane, derrick or cargo lift to which they are attached.

15.2.3 In addition to the initial and quinquennial test and thorough examination, and annual thorough examination, an inspection of materials handling equipment must be made by a competent person at intervals not exceeding 6 months.

15.2.4 In relation to ship equipment, a test and thorough examination required by 15.2.2(a) may be postponed, for a period of not more than six months, if the postponement will enable the test and examination to be carried out concurrently with a scheduled survey of the ship, provided that a responsible person certifies in writing that, in his or her opinion, the equipment may be safely operated during the period of postponement.

15.2.5 If the design of specialised materials handling equipment or heavy lift equipment is such that, in the opinion of a responsible person, the equipment cannot reasonably be tested or retested in the manner specified in Appendix 5, or the equipment would require unnecessary dismantling, the periodic test and thorough examinations required by 15.2.2 may be dispensed with, provided that:

(a) the manufacturer's equipment specification, schedule of examination and maintenance manual are available to the responsible person;

(b) examination and maintenance procedures have been carried out in compliance with the manual and recorded in the appropriate register of materials handling equipment by a competent person; and

(c) the equipment is fit for use.

15.2.6 Provisions 15.2.1 and 15.2.2 do not apply to an intermediate bulk container or a returnable cargo unit having permanently attached fittings for handling, provided that:

(a) its design and construction conforms to a container or unit that has been type tested in accordance with the appropriate provisions of Appendix 5, or an equivalent national or international standard;

(b) the container or unit is permanently marked with evidence of compliance with that standard or is otherwise certificated and the certificate of type test indicating fitness for use, is available to the person in charge; and

(c) the container or unit has been properly maintained by a competent person and is fit for use.

Note: IBCs and returnable cargo units used for the transport of dangerous goods are required to comply with a more stringent test procedure than those intended for non-dangerous goods and may require secondary protection such as carriage in a freight container. IBCs for dangerous goods must be marked in accordance with the International Maritime Dangerous Goods Code.

15.2.7 Provisions 15.2.1 and 15.2.2 do not apply to a mechanical stowing appliance:

(a) being shore equipment; or

(b) being ship equipment for use solely in or on the ship, provided the appliance complies with Provision 3 of Appendix 13.

15.2.8 Provisions 15.2.1 and 15.2.2 do not apply to a specialised cargo handling system:

(a) being:

(i) shore equipment; or

(ii) ship equipment for use solely in or on the ship and there is on board details of the manner by which the safe working load has been established, a description of the method by which cargo should be handled and details of any limitations on the use of the equipment or any of its component parts; and

(b) if the system includes items of loose gear, they have been inspected by a competent person as required by Provision 15.2.3.

15.2.9 Provision 15.2.2(a) does not apply to loose gear and other cargo gear except where specific provision is made in 15.2.6, 15.2.7 or 15.2.8.

15.2.10 A person carrying out a thorough examination must make a detailed visual examination of all separable and non-separable components and, in the case of wire ropes, of the internal and external parts of the rope. The extent of the opening up necessary to determine the condition of the separable components such as blocks, shackles, swivels, derrick boom heel or socket, gooseneck, sheaves, bearings and braking arrangements, is to be such as is considered necessary by the person carrying out the examination. In the case of cranes and derricks, the thorough examination must include deck eyes, derrick head bands or fittings, temporary or permanent stays, mast bands or eyes, cleats, spans and ropes, jib, pillar, slewing ring and other gearing mechanisms. The thorough examination is to assess the condition of the assembly or article for any deformation, distortion, damage, wear, corrosion or any other defect impairing its operational reliability, which is to be supplemented, when deemed necessary by the person conducting the thorough examination, by other means to assess the condition and operational reliability of the integrated assembly or article including hammer testing, ultrasonic or magnetic particle testing or other appropriate non-destructive testing method.

15.3 Wire ropes

15.3.1 An inspection of wire ropes must be made by a competent person at intervals not exceeding:

(a) for a wire rope which does not pass over a sheave or a winding drum12 months;

(b) for a wire rope which passes over a sheave or winding drum6 months.

15.3.2 A wire rope may only be used if:

(a) a responsible person has issued a certificate in respect of the rope in accordance with Form MO-32/4 in Appendix 23;

(b) a competent person has inspected the rope, externally and, as far as practical, internally, in the period required by 15.3.1(a) or (b) immediately preceding the proposed use and found that the rope is not worn, corroded or otherwise defective to a degree that renders it unfit for the proposed use;

(c) the rope is free from knots and kinks;

(d) the rope complies with the structural requirements specified in Appendix 15; and

(e) evidence, based on prototype testing, that any terminal or end fitting on the rope complies with Appendix 5 is recorded in the appropriate register of materials handling equipment.

15.3.3 If a constituent wire in a rope is broken, the following requirements apply:

  (a) the rope must be inspected by a competent person within one month prior to its intended use, to determine if the rope is fit for use;
  (b) the competent person must record the result of the inspection in the appropriate materials handling register; and
  (c) the rope must not be used unless the competent person has determined that the rope continues to be fit for use.

15.3.4 A wire rope must not be used if the total number of broken wires visible in a length of the rope equal to ten times its diameter exceeds 5% of the number of wires constituting the rope.

15.4 Fibre ropes

Provisions 15.1.2(a) and (b) do not apply to fibre rope.

15.5 Nets and Slings

15.5.1 Provisions 15.1.2(a) and (b) do not apply to nets and slings manufactured in accordance with Appendix 15.

15.5.2 It is the responsibility of the shipper to ensure that, where slings are fitted to cargo ashore for the purpose of pre-slinging the cargo, the slings are in a fit state for use.

15.5.3 Expendable or disposable slings must not be reused and must be marked as such.

16 Register of materials handling equipment and certificates of test

16.1 Register requirements

16.1.1 The master of a ship must keep on the ship a register of those items of materials handling equipment that form part of the equipment of the ship.

16.1.2 The owner of each item of shore-based materials handling equipment must keep a register of such equipment at the place where it is normally stored.

16.1.3 Particulars of all tests, thorough examinations, inspections, heat treatment and any maintenance, repair or replacement of materials handling equipment to which this Part applies, must be recorded in the register of materials handling equipment by the responsible person or competent person supervising or carrying out the work.

16.1.4 A register of materials handling equipment may be kept in any convenient form, provided each entry is clearly legible and is authenticated by the responsible person.

Note: Suitable registers are available for this purpose from AMSA survey offices.

16.1.5 Unless the equipment is under survey and inspection pursuant to a scheme of classification and certification by a classification society, there must be on board evidence that a terminal connection fitted to a wire rope used for hoisting a load on a crane or derrick is of a design on which prototype tests have shown that the strength of the terminal and its attachment to the rope is not less than 95% of the breaking load of the rope for a rope up to and including 50mm in diameter or 90% of the breaking load of the rope for a rope exceeding 50mm in diameter.

16.2 Certificate requirements

16.2.1 A certificate of test of materials handling equipment manufactured in Australia must be in accordance with the appropriate form for that equipment, as specified in Appendix 23.

16.2.2 A certificate of test in respect of materials handling equipment manufactured in a country other than Australia and tested or thoroughly examined in a country other than Australia by a responsible person, will be acceptable as a certificate of test for the purposes of this Part provided that the certificate contains information substantially equivalent to that required by 16.2.1.

16.2.3 All certificates of test and other relevant certificates, that are:

  (a) current in respect of equipment to which this Part applies; and
  (b) required by this Part to be kept, made available or furnished to a person,
  must be kept with, or near at hand to, the register of materials handling equipment.

16.2.4 A requirement of this Part to keep, make available or furnish a certificate of test in respect of materials handling equipment type-tested in accordance with this Part or being manufactured outside the State or Territory in which the equipment is used may be complied with by keeping, making available or furnishing a certified copy of the prescribed certificate.

16.2.5 A requirement of this Part to keep or furnish a certificate of test in respect of wire rope or chain, where such equipment is a portion only of a greater manufactured length, may be complied with by keeping or furnishing a certified copy of the prescribed certificate issued by or for the manufacturer of that equipment.

17 Maintenance and repairs

17.1 General

Materials handling equipment, mechanical ventilation equipment, lighting and other equipment used in loading and unloading, must at all times be:

  (a) properly maintained; and
  (b) used only for its intended purpose.

17.2 Ship machinery

Whenever ship machinery is supplying power to materials handling equipment or other equipment being used in or in relation to loading or unloading, the master must ensure that a qualified person experienced in the operation and maintenance of the ship machinery is present on the ship.

17.3 Safety arrangements

17.3.1 If maintenance or repair work is carried out during loading or unloading, the person in charge must ensure that all persons are reasonably protected against accidental injury arising from the maintenance or repair work.

17.3.2 For the purpose of 17.3.1, the person in charge must assess the danger in the maintenance or repair work and must take into account the presence or likely presence of noxious gases, fumes, dust, radiation, excessive noise or other nuisance that could obstruct, interfere with or distract a person engaged in the loading or unloading.

17.4 Repairs to be competent

A person must not carry out repair work on materials handling equipment unless that person is:

  (a) competent in the repair of that type of equipment; and
  (b) equipped to perform that repair.

17.5 Heat treatment

A chain, ring, hook, shackle, swivel, connecting plate or overhauling weight that is subject to stress must not be used in loading or unloading after repair unless it has, if necessary, been subjected under the supervision of a responsible person to a process of heat treatment appropriate to its design and material to restore the mechanical properties of the material or to relieve any stress.

17.6 Verification

17.6.1 Repaired materials handling equipment must be tested or thoroughly examined in accordance with 15 before being put to use, unless the repair is:

  (a) the normal periodic replacement of an individual component by a component having the same technical specification; or
  (b) a minor repair to a non load bearing component.

17.6.2 Repaired materials handling equipment must not be put to use, until:

  (a) the equipment is certified safe to use, in accordance with 15; or
  (b) in the case of a repair referred to in 17.6.1, the repair is recorded in the register of materials handling equipment.
  \* \* \* \* \* \*

4.1 Exemptions

4.1.1 The Chief Marine Surveyor may, upon written application and if satisfied that persons will not thereby be endangered, exempt a ship or class of ships from compliance with a provision of this Part to the extent specified and subject to such conditions as that officer thinks fit.

4.1.2 A prescribed person may, upon written application and if satisfied that persons will not thereby be endangered, allow any provision of this Part to be dispensed with for the purpose of a loading or unloading operation, to the extent specified and subject to such conditions as that officer thinks fit.

4.2 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 Chief Marine Surveyor 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 Transitional

5.1 A test or examination conducted for the purposes of and in accordance with Issue 1 of this Part, is to be taken to be a test, thorough examination or inspection, as appropriate, conducted in accordance with this Issue of this Part.

5.2 A certificate issued or recognised for the purposes of and in accordance with Issue 1 of this Part is to be taken to be a certificate issued pursuant to this Issue of this Part.

6 Review of Decisions

6.1 Reviewable decisions

Application may be made to the Administrative Appeals Tribunal for a review of a decision:

(a) by the Chief Marine Surveyor or a prescribed person, refusing, restricting or imposing a condition on an exemption or dispensation under 4.1;

(b) by the Chief Marine Surveyor, refusing to allow under 4.2 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;

(c) by a surveyor, prohibiting the use of equipment under 13.2.1;

(d) by a surveyor, requiring that a package, article of cargo or a mechanical stowing appliance be weighed under 13.3;

(e) by a surveyor, in relation to the nomination of a weighing instrument under 13.3;

(f) by a surveyor, prohibiting a loading or unloading operation under 13.4.1;

(g) by the Chief Marine Surveyor, refusing to approve a patent handling system under 1.4 of Appendix 14;

(h) by the Chief Marine Surveyor, refusing to accept an alternative method under 3.2 of Appendix 22.

6.2 Statements to accompany notices

If a person making a decision referred to in 6.1 gives to a person whose interests are affected by the decision notice in writing of the decision, the notice must:

(a) include 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) except where subsection 28 (4) of that Act applies, also include a statement to the effect that the person may request a statement under section 28 of that Act.

6.3 Validity of decisions

Failure to comply with 6.2 in relation to a decision does not affect the validity of that decision.

7 Control

7.1 A person must not knowingly:

  (a) make a false certificate, false entry in a register or other false representation in relation to a matter to which this Part applies;
  (b) mark an article of cargo, a package or an article of materials handling equipment with a false gross mass or a false maximum gross mass; or
  (c) mark an article of materials handling equipment with a false safe working load.

7.2 A marking or representation is not considered to be false if the actual mass of the item in question is less than the declared mass or, if no mass is declared, the SWL or maximum gross mass marked on the item.

8 Penal provisions

8.1 The following provisions of this Part are penal provisions: 7, 9.1.2, 9.1.3, 9.1.6, 9.2.3, 10.1, 10.2, 10.3.1, 10.3.3, 10.3.4, 10.6.1, 10.6.2, 11.1, 11.2.1, 11.2.2, 11.3, 12, 13.1.1, 13.1.2, 13.2.2, 13.4.2, 14.1, 16.1.1, 16.1.2, 16.1.3, 16.2.3, 17.1, 17.2, 17.4, 17.5, 17.6.1 and 17.6.2.

8.2 Failure to comply with 12 constitutes an offence by the shipper of the article.

8.3 Failure to comply with 17.1, 17.6.1 or 17.6.2 constitutes an offence by:

  (a) in the case of ship equipmentthe owner, agent and master of the ship; and
  (b) in the case of shore equipmentthe owner of the equipment.

Note: Regulation 4 of the Navigation (Orders) Regulations provides:
'4. A person who contravenes a provision of an order made under subsection 425(1AA) of the Act that is expressed to be a penal provision is guilty of an offence and is punishable, upon conviction:
(a) if the offender is a natural person—by a fine not exceeding $2,000; or
(b) if the offender is a body corporate—by a fine not exceeding $5,000.'

9 Person In Charge

9.1 Identifying the person in charge

9.1.1 A person, other than the master, undertaking to load or unload a ship at a port in Australia must, before commencement of that undertaking, appoint a person or persons in charge of the undertaking.

Note: Where the 'person' undertaking loading or unloading is a firm or company, that firm or company must make the appointment.

9.1.2 A person making an appointment under 9.1.1 must provide to the master of the ship written notification of the appointment or appointments.

9.1.3 A person in charge must enter in a logbook:

  (a) the time at which he or she commences each period of duty as person in charge; and
  (b) the time of termination of each such period of duty.

9.1.4 Notwithstanding 9.1.1 and 9.1.3 but subject to 9.1.7, a person who has commenced a period of duty in charge of loading or unloading of a ship is deemed to remain person in charge for the purposes of this Part:

  (a) until that person has directed loading or unloading of the ship to cease and has made an entry to that effect in the logbook; or
  (b) until another person appointed in accordance with 9.1.1 has commenced a period of duty as person in charge and has made an entry to that effect in the logbook.

9.1.5 Not more than one person at a time is to be person in charge.

9.1.6 A person must not be appointed as the person in charge unless that person is:

  (a) well experienced in all aspects of the type of loading or unloading to be undertaken; and
  (b) capable of directing all tasks relevant to the loading or unloading.

9.1.7 A person appointed in accordance with 9.1.1, being unable to direct the loading or unloading of a ship at any time during his or her period of duty, may appoint a person qualified in accordance with 9.1.6 to direct the loading or unloading during the period of that inability, and such qualified person is deemed to be the person in charge for that period for the purposes of this Part.

Note: Provisions 9.1.3 and 9.1.4 apply to a delegated person in charge.

9.1.8 Where cargo is being loaded or unloaded by crew of the ship, the master will for the purposes of this Part be deemed to be the appointed person in charge.

Note: Loading includes transfer of cargo within a ship.

9.2 Functions and duties of person in charge

9.2.1 It is the function of the person in charge to direct the tasks relevant to the loading or unloading of the ship and to ensure that they are carried out in a safe and orderly manner.

9.2.2 It is the duty of the person in charge to take all reasonable steps necessary to discharge his or her function, and in particular to ensure as far as practicable that:

  (a) all operations are performed in compliance with this Part;
  (b) the materials handling equipment of the ship has been tested, thoroughly examined and inspected as required by this Part;
  (c) persons are not engaged in loading or unloading unless they have been given adequate instruction and training concerning the risks involved and precautions to be taken;
  (d) all persons are reasonably protected against accidental injury arising from the loading or unloading of the ship, and from movement of unsecured cargo or other objects on the ship;
  (e) persons not engaged in the loading or unloading of the ship or having any other proper function in connection with the loading or unloading, do not remain:

(i) in the vicinity of cargo-handling operations; or

(ii) on any deck where roll-on/roll-off loading or unloading is taking place,

unless such person has the permission of the master or a person authorised by the master to give such permission; and

  (f) if a workplace becomes unsafe or there is a risk of injury to health, effective measures are taken to protect the workers until the place has been made safe again.

9.2.3 If, in connection with the loading or unloading of a ship:

  (a) a person receives an injury requiring referral to a hospital; or
  (b) a component of materials handling equipment fails in operation, whether or not any person is thereby injured,

the master, on advice from the person in charge, must submit to the Manager, Marine Operations and Personnel, in AMSA through AusSAR:

(a) within four hours of the incident—an initial report in accordance with Form MO-32/5 in Appendix 23; and

(b) within 72 hours of the incident—a full report in accordance with Form MO-32/6 in Appendix 23.

Note: Two forms are available from AMSA: Form AMSA 18, which is an Incident Alert form, and AMSA 19, which is an Incident Report form.

10 Loading and unloading

10.1 Person in charge to direct loading and unloading

A person must not, to any extent, load or unload a ship unless that person does so under the direction of the person in charge.

10.2 Loading and unloading to comply with this Part

A person must not:

  (a) to any extent, load or unload a ship;
  (b) use or operate any materials handling equipment in connection with the loading or unloading of a ship;
  (c) direct or purport to authorise any other person to load or unload a ship to any extent, or operate materials handling equipment in connection with the loading or unloading of a ship; or
  (d) use or direct or purport to authorise any other person to use in connection with the loading or unloading of a ship, except in the event of an emergency, any means of passage or access,

otherwise than in compliance with or as provided by this Part.

10.3 Use of equipment

10.3.1 Subject to 10.3.2, a person who:

  (a) is under 18 years of age; or
  (b) does not possess the necessary aptitudes and experience,

must not:

  (c) operate any mechanical stowing appliance, crane or winch; or
  (d) give directional signals to a driver of a crane, winch or other mechanical stowing appliance; or
  (e) have responsibility for attending to cargo falls on winch ends or winch drums; or
  (f) perform tasks involving hoisting, lowering or otherwise adjusting derrick gear or other materials handling equipment.

10.3.2 Provision 10.3.1 does not apply to:

  (a) a member of the crew of the ship being loaded or unloaded; or
  (b) a person under training while properly supervised.

10.3.3 A person must not operate power operated hatch covers unless that person is:

  (a) a member of the crew of the ship being loaded or unloaded; or
  (b) a person authorised to do so by the officer in charge of the loading or unloading operation.
  10.3.4 A person, other than a member of the crew of the ship, must not operate ship's side, bow or stern doors, 'tween deck bulkhead doors, ramps, retractable car decks or similar ship equipment unless that person has been specifically authorised by the Master of the ship to do so.

10.4 Protective clothing

A person must not load or unload a ship unless that person wears protective clothing and other protective equipment appropriate for the loading or unloading operation, for the duration of the operation.

Note: It is the responsibilities of employers to define the protective clothing to be worn in any particular circumstances.

10.5 Operations to or from a barge or lighter

Cargo must not be loaded into a ship from a manned barge or lighter, or unloaded from a ship into a manned barge or lighter, unless there is provided on the barge or lighter, at least one lifebuoy with at least 30 metres of buoyant line attached.

10.6 Removal of equipment

10.6.1 A person must not, during the loading or unloading of a ship, remove or otherwise interfere with any fencing, safety device, gangway, means of access, ladder, lighting, hatchway cover, materials handling equipment, stage, mark, life-saving appliance or other article or fitting provided in connection with loading or unloading for the purpose of compliance with this Part, except:

  (a) in the event of an emergency; or
  (b) as directed by the master or an officer of the ship, or by the person in charge.

10.6.2 Any item referred to in 10.6.1 removed as permitted by that provision, must be replaced as soon as there is no longer any reason for its removal, by the person effecting or directing the removal, as appropriate.

Note: It is a fundamental responsibility of every person engaged in loading or unloading a ship to do so with proper regard for their own safety and that of other persons. The fact that a person in charge is directing the operation or that the provisions of this Part are being correctly applied does not relieve a person of that fundamental responsibility.

10.7 Reporting of risks

If persons engaged in the loading or unloading of a ship have reason to believe that a risk exists and those persons are unable reasonably to remove the risk themselves, the situation must be reported to the person in charge as soon as practicable.

11 Access to a ship or compartment

11.1 Means of passage

A person passing to or from a ship during loading or unloading of the ship, if that person is on foot, must not use a means other than a means of access complying with Marine Orders, Part 23 (Equipment—Miscellaneous and Safety Measures).

11.2 Safe atmosphere

11.2.1 Appropriate and reasonable precautions must be taken by the owner or master of a ship to prevent access by persons to a space that has an unsafe atmosphere.

11.2.2 Appropriate and reasonable precautions must be taken by the owner or master of a ship to prevent access by persons to a space that has been fumigated until the atmosphere in that space has been determined to be safe.

Note 1: A licensed fumigator (a person licensed under relevant State or Territory laws to fumigate enclosed spaces using substances hazardous to human life), an appropriately qualified chemist or a person who has successfully completed an appropriate training course could make the required determination.

Note 2: Where the safety of the atmosphere may be reduced as a result of cargo operations, such as in a ro-ro vehicle deck, the master should ensure that ventilation machinery is operating so as to provide at least the minimum required number of changes of air in the space.

11.3 Obstructions

The owner or master of a ship must ensure that any part of the ship's structure that could be an obstruction to vehicular traffic, such as stanchions and pillars, is made conspicuous by markings of sharply contrasting colours and, if necessary, adequately lit.

12 Marking of cargo mass

12.1 An article of cargo, a package, a container, a portable tank, an intermediate bulk container, a returnable cargo unit or other unitised articles of cargo of one tonne gross mass or more, to be loaded on a ship at a port in Australia, must be marked with its gross mass in accordance with Appendix 19 by the shipper of that article, package or unitised cargo.

12.2 If the actual gross mass is not marked on an article of transport equipment, it is deemed that the shipper has declared that the actual gross mass is equal to the maximum gross mass or, in the case of a flexible intermediate bulk container, the SWL marked on the item.

13 Powers and functions of surveyors

13.1 Inspection

13.1.1 The master of a ship or the owner of shore equipment, as appropriate must permit a surveyor to inspect materials handling equipment to which this Part applies, at any reasonable time.

13.1.2 The master of a ship or the owner of shore equipment must, at the request of a surveyor, produce for inspection the register of materials handling equipment and any certificate issued by a responsible person in accordance with this Part in respect of that equipment.

13.2 Defect notice

13.2.1 If a surveyor is satisfied that materials handling equipment is defective, he must give written notice of the defect to the master or the owner of shore equipment as appropriate, and to the person in charge, and may prohibit the use of such equipment for loading or unloading a ship.

Note: Material handling equipment is defective if, inter alia, it has not been tested, thoroughly examined, or inspected as required by this Part.

13.2.2 Materials handling equipment prohibited from use under 13.2.1 must not be used for loading or unloading until:

  (a) the defect specified in the notice has been rectified; and
  (b) the prohibition has been withdrawn by a surveyor.

13.3 Weighing of cargo or appliance

A surveyor may, for any purpose of this Part, require the weighing of a package, an article of cargo or a mechanical stowing appliance and may for that purpose nominate the weighing instrument.

13.4 Unsafe arrangements

13.4.1 If a surveyor considers that a loading or unloading operation is or will be unsafe, whether or not the other provisions of this Part are complied with, he or she may give written direction to the person in charge and, if appropriate, to the master of the ship, prohibiting the loading or unloading operation.

13.4.2 If a direction in accordance with 13.4.1 is given, loading or unloading must not take place until the surveyor is satisfied that the operation is safe and the direction is withdrawn.

Note: The giving or withdrawal of a prohibition notice does not affect action that may be taken in respect of an Australian ship under the Occupational Health and Safety (Maritime Industry) Act 1993.

14 Safe working load

14.1 Drawings

The owner of a ship on which a crane or derrick is installed for use in loading or unloading the ship must keep on board the ship at all times a drawing or drawings in accordance with Appendixes 9 and 10 of all cranes and derricks so installed.

14.2 Determination and marking

An article of materials handling equipment must not be used in loading or unloading a ship unless a responsible person, having regard to the design, strength, material of construction and proposed use of the article, has:

  (a) determined the safe working load of the article; and
  (b) marked the safe working load and associated information on the article, in accordance with this Part.

14.3 SWL standards

In determining the safe working load of an article of materials handling equipment, the responsible person is to be guided by:

  (a) the relevant Australian Standard specified in Appendix 20 of this Part; or
  (b) an appropriate national standard established by a signatory member body of the International Organization for Standardization (ISO) or, in the case of electrical equipment, an affiliate body of the International Electrotechnical Commission (IEC).

14.4 Maximum load

An article of materials handling equipment must not be used to handle a load exceeding the safe working load of that equipment, for the purpose of loading or unloading a ship, except in accordance with Appendix 6.

Note: The mass of any loose gear, spreader, equalising beam and such like attachments is to be taken into account in calculating the load on derricks or cranes.

15 Testing, thorough examination, inspection and certification

15.1 General

15.1.1 Every item of materials handling equipment, and every sling or lifting device forming an integral part of a load, must be of good design and construction, of adequate strength for the purpose to which it is used and, if appropriate, properly installed.

15.1.2 Except as otherwise provided by this Part, materials handling equipment must not be used for loading or unloading unless:

(a) it has been tested, thoroughly examined, certificated and inspected, in accordance with this Part;

(b) the current record of examination and inspection in the appropriate register of material handling equipment indicates that the equipment is fit for use; and

(c) it appears in all respects to be fit for such use.

15.1.3 If materials handling equipment tested and examined in accordance with this Part is considered satisfactory by the responsible person, he or she is to issue the appropriate certificate specified in Appendix 23.

15.1.4 If materials handling equipment inspected in accordance with this Part is considered satisfactory by the competent person, he or she is to record the inspection in the appropriate register of materials handling equipment.

15.2 Items other than wire and fibre ropes, nets and slings

15.2.1 Materials handling equipment for use in loading or unloading a ship must be tested and thoroughly examined by a responsible person in accordance with Appendix 5 of this Part:

(a) before being put into use for the first time; and

(b) following renewal or repair of any stress bearing part, except when the renewal is pursuant to a routine maintenance schedule.

15.2.2 In addition to the requirements of 15.2.1, and subject to 15.2.6, 15.2.7, 15.2.8 and 15.2.9, materials handling equipment for use in loading or unloading a ship must subsequently:

(a) be tested and thoroughly examined in accordance with Appendix 5 of this Part by a responsible person at intervals not exceeding five years; and

(b) be thoroughly examined at intervals not exceeding twelve months by:

(i) in the case of equipment under survey with a classification societya responsible person; and

(ii) in any other casea competent person.

Note: Items of equipment permanently attached to lifting gear, including lower cargo blocks, ponder balls and cargo hooks dedicated to use with a specific crane or derrick, and forming part of the assembly are not considered loose gear and need not be separately tested at the five yearly testing of the crane, derrick or cargo lift to which they are attached.

15.2.3 In addition to the initial and quinquennial test and thorough examination, and annual thorough examination, an inspection of materials handling equipment must be made by a competent person at intervals not exceeding 6 months.

15.2.4 In relation to ship equipment, a test and thorough examination required by 15.2.2(a) may be postponed, for a period of not more than six months, if the postponement will enable the test and examination to be carried out concurrently with a scheduled survey of the ship, provided that a responsible person certifies in writing that, in his or her opinion, the equipment may be safely operated during the period of postponement.

15.2.5 If the design of specialised materials handling equipment or heavy lift equipment is such that, in the opinion of a responsible person, the equipment cannot reasonably be tested or retested in the manner specified in Appendix 5, or the equipment would require unnecessary dismantling, the periodic test and thorough examinations required by 15.2.2 may be dispensed with, provided that:

(a) the manufacturer's equipment specification, schedule of examination and maintenance manual are available to the responsible person;

(b) examination and maintenance procedures have been carried out in compliance with the manual and recorded in the appropriate register of materials handling equipment by a competent person; and

(c) the equipment is fit for use.

15.2.6 Provisions 15.2.1 and 15.2.2 do not apply to an intermediate bulk container or a returnable cargo unit having permanently attached fittings for handling, provided that:

(a) its design and construction conforms to a container or unit that has been type tested in accordance with the appropriate provisions of Appendix 5, or an equivalent national or international standard;

(b) the container or unit is permanently marked with evidence of compliance with that standard or is otherwise certificated and the certificate of type test indicating fitness for use, is available to the person in charge; and

(c) the container or unit has been properly maintained by a competent person and is fit for use.

Note: IBCs and returnable cargo units used for the transport of dangerous goods are required to comply with a more stringent test procedure than those intended for non-dangerous goods and may require secondary protection such as carriage in a freight container. IBCs for dangerous goods must be marked in accordance with the International Maritime Dangerous Goods Code.

15.2.7 Provisions 15.2.1 and 15.2.2 do not apply to a mechanical stowing appliance:

(a) being shore equipment; or

(b) being ship equipment for use solely in or on the ship, provided the appliance complies with Provision 3 of Appendix 13.

15.2.8 Provisions 15.2.1 and 15.2.2 do not apply to a specialised cargo handling system:

(a) being:

(i) shore equipment; or

(ii) ship equipment for use solely in or on the ship and there is on board details of the manner by which the safe working load has been established, a description of the method by which cargo should be handled and details of any limitations on the use of the equipment or any of its component parts; and

(b) if the system includes items of loose gear, they have been inspected by a competent person as required by Provision 15.2.3.

15.2.9 Provision 15.2.2(a) does not apply to loose gear and other cargo gear except where specific provision is made in 15.2.6, 15.2.7 or 15.2.8.

15.2.10 A person carrying out a thorough examination must make a detailed visual examination of all separable and non-separable components and, in the case of wire ropes, of the internal and external parts of the rope. The extent of the opening up necessary to determine the condition of the separable components such as blocks, shackles, swivels, derrick boom heel or socket, gooseneck, sheaves, bearings and braking arrangements, is to be such as is considered necessary by the person carrying out the examination. In the case of cranes and derricks, the thorough examination must include deck eyes, derrick head bands or fittings, temporary or permanent stays, mast bands or eyes, cleats, spans and ropes, jib, pillar, slewing ring and other gearing mechanisms. The thorough examination is to assess the condition of the assembly or article for any deformation, distortion, damage, wear, corrosion or any other defect impairing its operational reliability, which is to be supplemented, when deemed necessary by the person conducting the thorough examination, by other means to assess the condition and operational reliability of the integrated assembly or article including hammer testing, ultrasonic or magnetic particle testing or other appropriate non-destructive testing method.

15.3 Wire ropes

15.3.1 An inspection of wire ropes must be made by a competent person at intervals not exceeding:

(a) for a wire rope which does not pass over a sheave or a winding drum12 months;

(b) for a wire rope which passes over a sheave or winding drum6 months.

15.3.2 A wire rope may only be used if:

(a) a responsible person has issued a certificate in respect of the rope in accordance with Form MO-32/4 in Appendix 23;

(b) a competent person has inspected the rope, externally and, as far as practical, internally, in the period required by 15.3.1(a) or (b) immediately preceding the proposed use and found that the rope is not worn, corroded or otherwise defective to a degree that renders it unfit for the proposed use;

(c) the rope is free from knots and kinks;

(d) the rope complies with the structural requirements specified in Appendix 15; and

(e) evidence, based on prototype testing, that any terminal or end fitting on the rope complies with Appendix 5 is recorded in the appropriate register of materials handling equipment.

15.3.3 If a constituent wire in a rope is broken, the following requirements apply:

  (a) the rope must be inspected by a competent person within one month prior to its intended use, to determine if the rope is fit for use;
  (b) the competent person must record the result of the inspection in the appropriate materials handling register; and
  (c) the rope must not be used unless the competent person has determined that the rope continues to be fit for use.

15.3.4 A wire rope must not be used if the total number of broken wires visible in a length of the rope equal to ten times its diameter exceeds 5% of the number of wires constituting the rope.

15.4 Fibre ropes

Provisions 15.1.2(a) and (b) do not apply to fibre rope.

15.5 Nets and Slings

15.5.1 Provisions 15.1.2(a) and (b) do not apply to nets and slings manufactured in accordance with Appendix 15.

15.5.2 It is the responsibility of the shipper to ensure that, where slings are fitted to cargo ashore for the purpose of pre-slinging the cargo, the slings are in a fit state for use.

15.5.3 Expendable or disposable slings must not be reused and must be marked as such.

16 Register of materials handling equipment and certificates of test

16.1 Register requirements

16.1.1 The master of a ship must keep on the ship a register of those items of materials handling equipment that form part of the equipment of the ship.

16.1.2 The owner of each item of shore-based materials handling equipment must keep a register of such equipment at the place where it is normally stored.

16.1.3 Particulars of all tests, thorough examinations, inspections, heat treatment and any maintenance, repair or replacement of materials handling equipment to which this Part applies, must be recorded in the register of materials handling equipment by the responsible person or competent person supervising or carrying out the work.

16.1.4 A register of materials handling equipment may be kept in any convenient form, provided each entry is clearly legible and is authenticated by the responsible person.

Note: Suitable registers are available for this purpose from AMSA survey offices.

16.1.5 Unless the equipment is under survey and inspection pursuant to a scheme of classification and certification by a classification society, there must be on board evidence that a terminal connection fitted to a wire rope used for hoisting a load on a crane or derrick is of a design on which prototype tests have shown that the strength of the terminal and its attachment to the rope is not less than 95% of the breaking load of the rope for a rope up to and including 50mm in diameter or 90% of the breaking load of the rope for a rope exceeding 50mm in diameter.

16.2 Certificate requirements

16.2.1 A certificate of test of materials handling equipment manufactured in Australia must be in accordance with the appropriate form for that equipment, as specified in Appendix 23.

16.2.2 A certificate of test in respect of materials handling equipment manufactured in a country other than Australia and tested or thoroughly examined in a country other than Australia by a responsible person, will be acceptable as a certificate of test for the purposes of this Part provided that the certificate contains information substantially equivalent to that required by 16.2.1.

16.2.3 All certificates of test and other relevant certificates, that are:

  (a) current in respect of equipment to which this Part applies; and
  (b) required by this Part to be kept, made available or furnished to a person,
  must be kept with, or near at hand to, the register of materials handling equipment.

16.2.4 A requirement of this Part to keep, make available or furnish a certificate of test in respect of materials handling equipment type-tested in accordance with this Part or being manufactured outside the State or Territory in which the equipment is used may be complied with by keeping, making available or furnishing a certified copy of the prescribed certificate.

16.2.5 A requirement of this Part to keep or furnish a certificate of test in respect of wire rope or chain, where such equipment is a portion only of a greater manufactured length, may be complied with by keeping or furnishing a certified copy of the prescribed certificate issued by or for the manufacturer of that equipment.

17 Maintenance and repairs

17.1 General

Materials handling equipment, mechanical ventilation equipment, lighting and other equipment used in loading and unloading, must at all times be:

  (a) properly maintained; and
  (b) used only for its intended purpose.

17.2 Ship machinery

Whenever ship machinery is supplying power to materials handling equipment or other equipment being used in or in relation to loading or unloading, the master must ensure that a qualified person experienced in the operation and maintenance of the ship machinery is present on the ship.

17.3 Safety arrangements

17.3.1 If maintenance or repair work is carried out during loading or unloading, the person in charge must ensure that all persons are reasonably protected against accidental injury arising from the maintenance or repair work.

17.3.2 For the purpose of 17.3.1, the person in charge must assess the danger in the maintenance or repair work and must take into account the presence or likely presence of noxious gases, fumes, dust, radiation, excessive noise or other nuisance that could obstruct, interfere with or distract a person engaged in the loading or unloading.

17.4 Repairs to be competent

A person must not carry out repair work on materials handling equipment unless that person is:

  (a) competent in the repair of that type of equipment; and
  (b) equipped to perform that repair.

17.5 Heat treatment

A chain, ring, hook, shackle, swivel, connecting plate or overhauling weight that is subject to stress must not be used in loading or unloading after repair unless it has, if necessary, been subjected under the supervision of a responsible person to a process of heat treatment appropriate to its design and material to restore the mechanical properties of the material or to relieve any stress.

17.6 Verification

17.6.1 Repaired materials handling equipment must be tested or thoroughly examined in accordance with 15 before being put to use, unless the repair is:

  (a) the normal periodic replacement of an individual component by a component having the same technical specification; or
  (b) a minor repair to a non load bearing component.

17.6.2 Repaired materials handling equipment must not be put to use, until:

  (a) the equipment is certified safe to use, in accordance with 15; or
  (b) in the case of a repair referred to in 17.6.1, the repair is recorded in the register of materials handling equipment.
  \* \* \* \* \* \*

Appendix 1

Protective fencing

Appendix 2

Lighting

Loading or unloading must not be carried out unless:

  (a) all places on board or adjacent to the ship in loading or unloading work areas have an illumination of at least 20 lux;
  (b) the illumination of ladders that provide access to the ship, accommodation ladders and gangways is at least 20 lux;
  (c) the illumination of other areas and spaces, including cargo hold access spaces, that provide access to places at which loading or unloading is carried out is at least 8 lux;
  (d) the level of light in adjacent areas is reasonably uniform;
  (e) any artificial lighting employed does not endanger the health or safety of persons engaged in loading or unloading, or the safety of the ship or of the cargo; and
  (f) any artificial lighting employed is so arranged that glare and dazzle is minimised and the formation of heavy shadow that may conceal a danger in cargo handling or access is prevented.

Note: For practical assessment purposes a level of 8 lux may be approximated as equivalent to the illumination of a surface in bright moonlight and a level of 20 lux may be approximated as equivalent to the illumination necessary for a lightly used corridor or passageway as specified by Australian Standard AS 1680.

  \* \* \* \* \* \*

Appendix 3

Safe Atmosphere

Loading or unloading must not be carried out in a cargo space in which the atmosphere is liable to be contaminated by harmful concentrations of dust or toxic gas, or in which there is liable to be an oxygen deficiency, unless adequate precautions have been taken to protect persons engaged in the loading or unloading, including, where necessary, the provision and use of suitable respiratory equipment and protective clothing.

Note 1: If any space in a ship is to be entered for the purposes of loading or unloading that space should have been adequately ventilated prior to entry being permitted. Where any doubt exists as to an acceptable level of hazard, the advice of a competent chemist should be obtained and the space should be tested for oxygen deficiency and levels of toxic and other airborne contaminants, which should be measured against the currently accepted exposure standards for those contaminants specified in the table of exposure standards in "Exposure Standards for Atmospheric Contaminants in the Occupational Environment: Guidance Note and National Exposure Standard" (NOHSC:3008(1995)). It should be noted that for certain contaminants, such as benzene and asbestos, any positive level of contamination is unacceptable.

Note 2: To ensure that an acceptable level of risk is maintained, it may be necessary to test the atmosphere at periodic intervals.

Note 3: A dry cargo hold is not a confined space for the purposes of Australian Standard AS 2865 (Clause 6.2D). However, this standard may be applicable to other spaces in which persons are required to work for the purposes of loading and unloading.

Note 4: Additional precautions to be taken where a mechanical stowing appliance is used in an enclosed space are prescribed in Appendix 13.

Note: * * * * * *

Appendix 4

Personnel Cradle

Appendix 5

Test and thorough examination procedures
(materials handling equipment)

Appendix 6

Safe use of materials handling equipment

Appendix 7

Cargo spaces

Appendix 8

  Motors in cargo spaces

Appendix 9

Requirements for derricks

Appendix 11

Crane and derrick controls and brakes

1 Controls

Crane and winch controls must comply with the following:

  (a) they must be so located that the operator, at the operating position:

(i) has sufficient room to operate the controls safely;

(ii) has an unrestricted view of the load and operation area, or of a hatchman;

(iii) remains clear of the load and ropes; and

(iv) is at no time during the loading or unloading operation sited beneath a load;

  (b) they must be so located that the driver is not placed in the bight of the runner in the vicinity of the heel block of a derrick;
  (c) they must have upon them, or adjacent to them, clear markings to indicate their purpose and mode of operation;
  (d) they must be provided, where necessary, with a suitable locking device to prevent accidental movement or displacement;
  (e) each control must be exercisable by the force specified in Appendix 21 for that type of control, or less;
  (f) where possible, control handles must move in the direction of the resultant load movement;
  (g) control wheels must rotate clockwise for winding in a rope and anticlockwise for paying out a rope;
  (h) the distance through which a control is required to move for the full range of operations of that control must not exceed:

(i) for hand levers, 600 mm; and

(ii) for foot pedals, 250 mm,

the distance being measured at the midpoint of the designed handgrip or footrest for the control; and

  (i) brake pedals must have a non-slip surface.

2 Brakes

2.1 A winch must not be used in loading or unloading unless:

  (a) a braking system is fitted for arresting the motion of each drum on which a rope is wound, capable of exerting a restraining torque of not less than 1.5 times the maximum static torque that would be transmitted to the brake by a suspended load equal to the maximum safe working load of the derrick served by the winch;
  (b) when the winch is under load, all brakes are capable of arresting the motion of the drum that they serve, smoothly and without snatching; and
  (c) if the winch is driven by an internal combustion engine, the winch is so constructed that the load cannot fall by its own weight when the engine is disconnected.

2.2 A crane must not be used in loading or unloading, unless:

  (a) it is fitted with a braking or speed‑regulating system capable of arresting each type of motion of the crane:

(i) smoothly and without snatching; and

(ii) in the shortest possible time consistent with safe working;

  (b) the braking system for arresting the hoisting and luffing motions of the crane is capable of exerting a restraining torque not less than 1.5 times the maximum static torque transmitted to the braking system by a suspended load equal to the maximum safe working load of the crane. The system must operate automatically when the controls are placed in the stop position;
  (c) brake systems are activated automatically upon the failure of the power drive or the control system and provision has been made for the lowering of a load in the event of such a failure; and
  (d) the braking system is such that the controller does not allow any load to fall at a speed in excess of the design speed.

3 Electrically powered equipment

Electrically powered cranes or winches must not be used in loading or unloading unless:

  (a) the operating modes of the controls for the crane or winch are separated by a neutral, stop or off position;
  (b) the braking system automatically comes into operation when there is a significant drop in the supply of electrical power; and
  (c) there is provided conveniently close to the operator an emergency or isolating switch by means of which the power supply to the winch, or to hoisting, luffing, slewing, travelling or traversing motors may be shut down without affecting lighting, indicators, electromagnetic lifting devices, cargo hook or twist lock controls, and without affecting other circuits not controlling the motion of the load or the crane.

4 Gear transmission

A winch fitted with more than one transmission ratio must be provided with a positive means of locking the gear shifting device or devices.

5 Information on defined limits

A crane must not be used in loading or unloading unless there is provided in a position conveniently visible to the driver:

  (a) where the crane is a jib crane:

(i) operating instructions in English, for the range of outreach over which the luffing motion may be used and the safe working load for outreach distance within that range; and

(ii) except where the safe working load does not vary within the range of the crane, a device or instrument that continuously indicates the outreach;

  (b) where the crane is designed to operate within defined limits of list or trim:

(i) instructions in English for the operation of the crane within those limits; and

(ii) a device or instrument that indicates whether or not the crane is within those limits; and

  (c) where the crane is provided with gearing or other devices for changing the speed range in the hoisting motion, instructions in the English language stating the safe working load for each operating speed range.

6 Remote controls

A crane, or winches associated with a derrick crane controlled externally by remote controls, must not be used in loading or unloading a ship unless the operation of the controls provides compliance with 1. Remote controls using radio or acoustic transmission of control orders and equipment state must not be used if the system can be affected by extraneous transmissions.

Appendix 12

Operator's cabin and access

1 Operator's cabin

A crane, other than a crane fitted with remote controls in accordance with 6 of Appendix 11, must not be used in loading or unloading unless, where the crane is provided with a cabin, the cabin:

  (a) provides the operator with a clear and unrestricted view of the load and area of operation or of a hatchman, from the operating position of the crane;
  (b) affords the operator ready access to the operating position and to all necessary controls and switches;
  (c) is adequately heated in cold weather by means that do not emit noxious or objectionable fumes;
  (d) is adequately ventilated by mechanical means;
  (e) is equipped with a suitable seat and, where necessary, footrests;
  (f) if fitted with an access door, allows the door to be operated from both inside and outside the cabin, has an opening at least 550 mm wide and 1850 mm high (including any sill, the height of which must not exceed 450 mm), and, where the door is of a type which may become so obstructed as to prevent rescue in case of emergency, allows access to the cabin through a second opening;
  (g) is constructed of fire‑proof materials;
  (h) in the case of an electrically operated crane or a crane in which electrical equipment connected with the crane's operation is installed, contains:

(i) a carbon dioxide type fire extinguisher complying with Australian Standard AS 1841.6; or

(ii) a dry powder type fire extinguisher complying with Australian Standard AS 1841.5 that relates to an extinguisher in which a mixture of dry powder and expellant is stored under pressure; or

(iii) a suitable fire extinguisher of an equivalent type and standard;

  (i) has been so designed that noise and vibration remain within acceptable limits;
  (j) shields the operating position and seat from the effects of radiated heat from the driving mechanism;
  (k) where the crane is capable of hoisting a load to the level of the operating position, is fitted with windows of laminated glass, toughened safety glass or a material offering equivalent protection; and

Note: Only windows that are at risk from being struck by a swinging load need to be fitted with safety glazing materials. .

  (l) is provided with illumination operable from the control position.

Note: Safety requirements of the Navigation Act apply whether a ship is at sea or in port. It should be ensured that in providing the required fire extinguisher, another area of the ship is not rendered unsafe in terms of the Safety Convention or other survey requirements.

2 Access to operating position

2.1.1 Access to the operating position of a crane must be provided by means of:

  (a) a spiral stairway ladder complying with 4 of Appendix 17; or
  (b) an inclined ladder or ladders complying with 3 of Appendix 17; or
  (c) a vertical ladder or ladders complying with 2 of Appendix 17; or
  (d) any combination of (a), (b) or (c).

2.1.2 The top of any access opening in a crane pedestal must be at least 1850 mm above the deck. If a sill is fitted, it must not exceed 450 mm in height. The clear width of the opening must be at least 550 mm.

2.2 Where access is installed inside the structure of the crane or crane pedestal, a reliable means of emergency escape must be provided outside the structure unless:

  (a) there is no machinery sited in the access way;
  (b) the access route is provided with lighting;
  (c) any electrical wiring in the access way, other than for light fittings, is contained in sealed metal conduit; and
  (d) any electrical equipment in the access way is contained in properly secured metal boxes.

Note 1: 'Properly secured' means that to open the box it is necessary to use a screwdriver, spanner or special tool.

Note 2: An appropriate escape provision may be considered to include:
(a) fixed ladders in conjunction with platforms or landings;
(b) fixed rungs with a landing ledge, together with handrail, leading to a vertical ladder;
(c) a wire rope ladder, permanently secured at its upper end.

Note 3: Instructions for use of the means of escape should be provided.

2.3.1 A vertical external access ladder, other than an emergency escape ladder, that is:

  (a) of a height exceeding 3 metres; or
  (b) of any length if the crane can be located so that a person using the ladder could fall into a cargo space, overboard or onto a deck lower than that on which the ladder originates,

must be fitted with a ladder cage which would substantially prevent such a fall, unless the ship's structure provides equivalent protection.

2.3.2 For the purposes of 2.3.1, a ladder cage should consist of cage hoops and longitudinal strips, of adequate strength, fitted substantially in accordance with the following specifications:

  (a) cage hoops uniformly spaced at intervals not exceeding 900 mm, so that:

(i) where the top of the ladder terminates at the edge of a platform or deck, the topmost cage hoop is attached to the upper guard-rail; or

(ii) where the top of the ladder terminates at an access opening in a platform or deck, the topmost cage hoop is fitted just below the level of the platform, except that where the cage longitudinals are secured to the platform or deck, the topmost hoop may be sited not more than 900 mm below the platform or deck; and

(iii) the lowest cage hoop is located not less than 2 metres and not more than 2.2 metres above the deck or platform adjacent to the base of the ladder;

  (b) cage longitudinals, secured to the cage hoops, suitably spaced to prevent a person falling away from the ladder;
  (c) a rear half of the cage approximately semi-circular in shape;
  (d) a minimum clear internal width of 550 mm and a maximum clearance between the ladder rungs and the back of the cage of 750 mm; and
  (e) does not hinder use of the ladder rungs or handholds.

2.4 A platform on a crane must be adequate for the purpose and, except as provided by 2.6, must comply with 6 of Appendix 17.

2.5 If a ladder gives access to a crane through an opening in a platform on the crane:

  (a) the ladder stringers must extend at least one metre above the floor level of the platform or handgrips must be provided to that height;
  (b) the end of each stringer must be provided with adequate lateral support; and
  (c) the top step or rung of the ladder must not exceed one tread pitch below the floor of the platform.

2.6 A platform providing access around or along a crane must;

  (a) have a minimum breadth of 550 mm; and
  (b) provide safe access to and from the crane at any operating angle of luff or slew of the crane.

2.7 A ladder giving access to the operator's position of a crane must be located in relation to any access opening in the floor of a platform or walkway, so that the ladder:

  (a) in either fore and aft direction or stowed position of the jib, must not be positioned over the opening; and
  (b) must not pass over the hole while the crane is slewing.

2.8.1 An internal access opening in the floor of a crane cabin must be provided with:

(a) in the case of a crane where the access ladder passes through a machinery space and is not separated from that space by a solid steel, or other fire and smoke resistant, barriera solid hinged cover; and

(b) in any other casean expanded metal, hinged cover.

2.8.2 Provision 2.8.1 applies to cranes installed on ships built after 11 August 1997, and to all cranes when an existing cover is replaced.

2.9 Provisions 2.1, 2.3, 2.4, 2.5, 2.7 and 2.8 do not apply to derrick cranes. Provisions 2.2 and 2.6 apply to derrick cranes so far as their application may be relevant and practical.

2.10 A crane installed on a ship before 17 November 1986 must comply with 2.2 to 2.7 inclusive so far as is technically practicable taking into account the ship's structural arrangements.

3 Weather protection

A winch must be provided with adequate weather protection for the driver at the operating position.

* * * * * *

Appendix 13

Mechanical stowing appliances and other vehicles

1 In cargo spaces

A mechanical stowing appliance or other vehicle powered by an internal combustion engine must not be used in a cargo space during loading or unloading unless that cargo space is provided with natural or mechanical ventilation that is adequate to prevent the accumulation of harmful concentrations of gases, fumes and vapours.

Note: To ensure a safe atmosphere is maintained, where necessary, periodic testing of the atmosphere in that space should be carried out by a person experienced in testing for atmospheric contaminants using equipment appropriate for the detection of the products of combustion of hydrocarbon fuels. See Notes to Appendix 3.

2 Dangerous goods

2.1 Definitions

2.1.1 In this Appendix:

Code means the International Maritime Dangerous Goods Code;

Dangerous Goods means goods identified as dangerous goods by Class, Division or Compatibility Group, as relevant, in the Code or in accordance with Marine Orders Part 41; and

Formed Sulphur means sulphur which has been formed by a slating, prilling, pelletising or granulating process, and excludes refined sulphur, molten sulphur, and sulphur in lump, coarse powder or dust form.

2.1.2 A reference to a Class of Dangerous Goods includes any dangerous goods required to carry a subsidiary risk label relating to that class.

2.2 Class 1

2.2.1 In relation to class 1 dangerous goods, under deck stowage requirements for which are specified by the IMDG Code to be category II—type A (Magazine), a mechanical stowing appliance or other vehicle must not be used:

  (a) in handling such goods; or
  (b) in a cargo space in which such goods are stowed unless stowed in accordance with the Code and the stowage magazine is securely closed.

2.2.2 In relation to class 1 dangerous goods, other than those referred to in 2.2.1, an unpowered mechanical stowing appliance may be used in loading and unloading, provided that in the case of goods specified by the IMDG Code to be of compatibility group A, J or L, the forks or tines of the appliance must be made of or coated with spark resistant material, ensuring that frictional sparks cannot be generated by those surfaces of the appliance.

2.2.3 In relation to class 1 dangerous goods specified by the IMDG Code to be division 1.2 goods of compatibility group B, or goods of compatibility group J or L, a powered mechanical stowing appliance shall not be used in loading or unloading, other than a fork lift vehicle having:

  (a) motive power provided by batteries carried on the vehicle, that can be overridden by a manual control;
  (b) solid-state electronic controls for all functions including traction, hoisting, side lift and mast tilt (no resistance type controls);
  (c) traction power transmitted by mechanical gearing to the front wheels of the vehicle;
  (d) hoist, side shift and mast tilt power transmitted by hydraulic means enabling the vehicle to travel and hoist simultaneously;
  (e) pneumatic or semi-pneumatic rubber tyres complying with the relevant standards specified by the Tyre and Rim Association of Australia Standards Manual as applying at the date of commencement of this Part, at least 2 of the tyres being electrically conductive with a resistance of not less than 5 x 104 ohms and not more than 25 x 104 ohms when measured between the wheel hub and a conductive plate on which the wheel rests;
  (f) single metal wheels, the configuration being 4 on a rectangular base;
  (g) power‑assisted steering pivoting the rear wheels which are to be remote from the load;
  (h) pedal hydraulic brakes and a separate parking brake, all complying with clause 13 of Australian Standard AS 1915;
  (i) all electrical equipment including controls and lights, protected in compliance with International Protection 64 (IP64) of Australian Standard AS 1939;
  (j) a normal operating temperature not exceeding 135° Celsius (temp T4) in an ambient temperature of 40° Celsius when tested in accordance with clause 15 of Australian Standard AS 1915;
  (k) the following durable and conspicuous markings:

(i) identification of manufacturer or Australian agent;

(ii) temperature class as determined in accordance with Australian Standard AS 1915;

(iii) hazardous area classification as determined in accordance with Australian Standard AS 2430.1;

(iv) gross mass of the vehicle; and

(v) safe working load,

and complying with the following provisions of Australian Standard AS 1915:

  (l) clause 8—battery and battery container;
  clause 9—plug and socket connectors;
  clause 10—electrical protection; and
  clause 11—cabling.

Note 1: For the purpose of 2.2.3(i) of this Appendix the operational environment of the vehicle is taken to be a class II hazardous area as defined in Australian Standard AS 2430.2.

Note 2: Ignition temperatures for flammable liquids, gases and volatile solids are given in NFPA publication 325M which is available for inspection at Standards Australia libraries at Sydney and Melbourne.

2.2.4 In relation to class 1 dangerous goods specified by the IMDG Code to be division 1.1 or division 1.2 goods of compatibility group D, or division 1.3, 1.4 or 1.5 goods other than those of compatibility groups J or L, a fork lift vehicle powered by batteries carried on the vehicle may be used in loading or unloading provided the vehicle complies with Australian Standard AS 2359.1 for a class II hazardous area.

2.2.5 A powered mechanical stowing appliance carrying class 1 dangerous goods in a ship must be operated only on electrically conductive surfaces to ensure continuous earthing of the appliance.

2.2.6 Provisions 2.2.3, 2.2.4 and 2.2.5 do not apply in relation to the loading or unloading of class 1 dangerous goods packed in a closed container.

2.2.7 Freight containers packed with Dangerous Goods of Class 1, other than those in Division 1.4 Compatibility Group S, must not be lifted by means of tyne pockets.

2.3 Class 2, 3, 4, 5 and 9

2.3.1 A cargo space containing goods of classes 2.1 or 3, except where such goods are contained in a closed freight container, is considered to be a Zone 1 hazardous area. A powered mechanical stowing appliance must not be operated in such an area unless it complies with Australian Standard AS 2359.1 for a Zone 1 hazardous area.

2.3.2 Subject to 2.3.3, a powered mechanical stowing appliance must not be used in loading and unloading dangerous goods of classes 4, 5 and 9, other than dangerous goods of classes 4.3 and 5.2, unless the appliance complies with Australian Standard AS 2359.1 for a class II hazardous area.

Note: Provision 2.3.2 does not apply to those ammonium nitrate fertilisers, type B, which are designated non-hazardous by the IMDG Code.

2.3.3 A powered mechanical stowing appliance may be used in the loading or unloading of bulk formed sulphur provided:

  (a) in relation to cargo spaces:

(i) the cargo space is sufficiently ventilated, including, if necessary, mechanical ventilation of adequate capacity, to prevent the accumulation of sulphur dust;

(ii) ventilator motors, if fitted, are dust protected; and

(iii) the quantity and dispersion of sulphur dust is effectively retarded by means of a fine fresh water spray applied when necessary;

  (b) in relation to mechanical stowing appliances:

(i) the engine is in good order and condition;

(ii) the air-intake, if fitted, is provided with a suitable filter;

(iii) the engine is so protected that when operating continuously under load no exposed surface has a temperature which exceeds 175o C and all bare heated surfaces are protected from accumulation of dust;

(iv) the exhaust system, if any, is protected from ingress or accumulation of dust;

(v) rotating electrical equipment, such as a starter motor or alternator, is totally enclosed and either unventilated or pipe ventilated; and

(vi) exposed parts of the engine, including any exhaust system, are to be cleaned daily and before restarting using a natural bristle brush or by other equally effective means.

3 Ship equipment

A mechanical stowing appliance that is ship equipment for use solely in or on the ship, for loading and unloading must:

  (a) be of good design and construction and of adequate strength for its intended use;
  (b) comply with an appropriate national or international standard;
  (c) be provided with a manual that is available to the person in charge that specifies the performance criteria of the appliance and the safety and maintenance procedures for its proper operation, unless a responsible person has certified that the appliance meets criteria that will ensure its safe operation and that certificate is made available to the person in charge;
  (d) be maintained in accordance with the requirements, and at intervals, specified by the manufacturer, a record of servicing being kept on board the ship; and
  (e) not be overdue for maintenance and is fit for use;
  (f) have a spark arrester fitted on the exhaust of an internal combustion engine;
  (g) have bare heated surfaces of the engine or motor that are liable to ignite spilled fuel suitably protected;
  (h) carry a suitable fire extinguisher of a standard specified in 2 of Appendix 8;
  (i) be fitted with an effective:

(i) service brake; and

(ii) parking brake;

  (j) where the appliance is fitted with more than one operating position, have all appropriate controls for operating the appliance provided at each position;
  (k) comply with Appendix 21 in respect of the maximum forces required for actuating the controls for operating the appliance;
  (l) except where prevented by low headroom, be equipped with overhead guards to prevent injury to the driver from falling objects;
  (m) have its safe working load marked on it in a durable and readily visible manner; and
  (n) be provided with means for promptly cutting off power in an emergency.

4 Inertia precautions

4.1 When a mechanical stowing appliance is not in use or is unattended:

  (a) the engine or motor must be stopped, the brake applied or the wheels blocked, forks (if fitted), fully lowered and, if possible, operating controls locked; and
  (b) the appliance must be so positioned as to not obstruct a passageway or access.

4.2 When cargo is being placed upon, or removed from, a powered truck or trailer truck that is a mechanical appliance used in connection with loading or unloading, the truck must be secured against movement by the application of brakes or the blocking of wheels.

5 Warning signs for ramps

5.1 Where a laden mechanical stowing appliance is required to travel down a ramp with a grade in excess of 8%, warning signs must be placed at the top of the ramp.

5.2 The warning signs must require the driver to engage low gear, and must indicate the steepness of the gradient.

Note: The warning signs G9-23A and W5-39A in AS 1742.2, or equivalent signs recommended by the appropriate Flag State road authority, are acceptable warning signs.

* * * * * *

Appendix 14

Requirements for specialised handling systems

1.1 A specialised handling system shall not be used in loading or unloading a ship, unless the person in charge has ensured that appropriate safety precautions are given effect in and near the area of operation of the system to protect all persons against accidental injury arising from its use.

1.2 For the purpose of 1.1, appropriate safety precautions include:

  (a) fencing, approximately one metre high, of wooden hurdles or rope stretched taut to be placed on shore at least 3 metres from, and on each side of, the path of the load, such that the fenced area extends far enough from the ship's side to ensure that persons do not inadvertently pass under suspended or swinging loads;
  (b) where ropes are used for fencing, strips of coloured material to be placed at 2 metre intervals;
  (c) a warning notice approximately one metre by 500 mm clearly marked 'BEWARE—CARGO PASSING OVERHEAD—NO ENTRY' in prominent lettering to be placed both on the ship and on the shore in conspicuous and adequately illuminated positions;
  (d) the working area in the ship's cargo space or spaces and on shore to be sufficient to permit persons to move to a place of safety while a load is being hoisted or landed; and
  (e) access to the ship to be provided clear of the fenced area.

1.3 A specialised handling system must not be used in loading or unloading a ship, unless there is made available to the person in charge, the manufacturer's specification and operating instructions, including:

  (a) details of the manner by which the safe working load has been established and the safety factor used;
  (b) a description of the method by which cargo should be handled and the mode of operation of any control mechanisms, including the means for cutting off power in an emergency; and
  (c) any limitations on the use of the equipment or any of its component parts,

and, unless the system is operated in the manner prescribed by, and within the limitations of, the manufacturer's specification and instructions.

1.4 A specialised handling system controlled externally by light, sound or radio signals, without direct mechanical connection, must not be used in loading or unloading without the approval of the Chief Marine Surveyor.

* * * * * *

Appendix 15

Requirements for cargo gear

1 Chains

1.1 A chain must not be used in loading or unloading:

  (a) for slinging a heavy load of iron, steel or similar material, unless packing material is used to prevent:

(i) damage to the chain by reason of direct contact with any sharp edges of the load; or

(ii) slipping of the load by reason of a low coefficient of friction between chain and load; or

  (b) if the chain is knotted.

1.2 Provision 1.1(a)(ii) does not apply when chain slings are used in conjunction with a spreader bar so that the load is substantially horizontal when hoisted and the chains are manufactured from a higher tensile alloy steel such as chain designated as quality grade S or T in Australian Standard AS 2321.

2 Wire rope

2.1 A wire rope must not be used in loading or unloading, unless:

  (a) in the case of a rope for use other than as a guy pendant, a preventer guy, a stay or a net or sling:

(i) it contains at least 114 constituent wires; and

(ii) any fibre material in its construction is strand or rope core only;

  (b) in the case of a runner or purchase, it comprises one continuous length without joins;
  (c) any thimble or loop splice fitted to the rope complies with Appendix 22; and
  (d) it is free from knots or kinks.

2.2 Where a constituent wire in a rope is broken, that rope must not be used unless:

  (a) the rope has been inspected, in that condition, by a responsible person within the period of one month immediately preceding that use;
  (b) the total number of visible broken constituent wires in a length of the rope equal to 10 times its diameter does not exceed 5% of the wires constituting the rope; and
  (c) there is no more than one broken wire immediately adjacent to a compressed metal ferrule.

2.3 A wire may not be used in loading or unloading, other than in emergency, if it is subjected to variations in loading and continuity of strength depends on the use of wire rope grips.

3 Slings and nets

A sling or net must not be used in loading or unloading unless:

  (a) it is made of chain, wire rope or fibre rope that complies with the requirements of this Part;
  (b) in the case of a sling other than an endless sling, it is fitted with eyes, rings, links or shackles that provide safe connection to a lifting hook;
  (c) the splices of the sling or net, being a sling or net of fibre rope construction, have at least 4 tucks of strands in each splice, and
  (d) the sling or net is prevented by suitable means from being damaged by sharp edges on loads.

4 Hooks

4.1 A hook must not be used in loading and unloading unless:

  (a) it is of a construction and shape which prevents displacement of the load from the hook; or
  (b) it is fitted with a device which prevents a load from becoming detached,

and the load is attached in a manner which precludes dislodgment during hoisting or lowering.

4.2 Subject to 4 3, a hook must not be used in loading or unloading:

  (a) to hoist banded cargo, including cotton, wool, cork, gunny and other baled cargo, by means of the hook being applied directly to the strap or bands; or
  (b) to hoist a drum or barrel by means of the hook being applied to the rim or a chine, unless the hook is of a suitable shape for that purpose and the construction and condition of the drum or barrel is such that hoisting may be carried out safely.

4.3 Provision 4.2 does not apply:

  (a) in breaking out cargo from a stow; or
  (b) in relation to a system of cargo handling in which metal bands or straps are used that are intended for use in hoisting the cargo, where the metal bands or straps are of adequate strength and the cargo is handled in accordance with the manufacturer's specification and operating instructions.

5 Lifting devices

5.1 A container lifting frame fitted with an arrangement of twist locks must not be used in loading or unloading unless:

  (a) a device is fitted that gives the driver of the hoisting crane or derrick or a hatchman, as appropriate, a visual indication of whether or not the twist locks are in the locked position; and
  (b) where practicable, a device is fitted that prevents the frame, when attached to a container from being hoisted if any twist lock is not in the locked position.

5.2 A vacuum lifting device must not be used in loading or unloading unless:

  (a) it is fitted with a gauge or other instrument, clearly marked to indicate the least vacuum at which the device may be used with safety, that gives the driver of the hoisting crane or derrick or a hatchman, as appropriate, a visual indication of the state of the vacuum;
  (b) it is designed to automatically give an audible warning to the driver of the hoisting crane or derrick, the hatchman if any, and any other person in the vicinity, when the vacuum is 80 per cent or less of its designed operating value or if the vacuum-inducing pump ceases to operate; and
  (c) it is fitted with equipment that, in the event of failure of the vacuum-inducing pump, will maintain sufficient vacuum to support a suspended load equal to the safe working load of the device for a sufficient time for that load to be lowered from the maximum height of lift to a safe location.

5.3 A magnetic lifting device must not be used in loading or unloading, unless:

  (a) it is provided with an alternative power supply that comes into operation immediately in the event of failure of the main power;
  (b) only scrap metal or pig iron is being handled; or
  (c) it is used for other cargo-handling operations of such a nature that there is no person in the vicinity other than the driver of the crane or derrick.

6 Intermediate bulk containers

6.1 An intermediate bulk container must not be used in loading or unloading unless:

  (a) all separable component parts of the lifting arrangements, if any, such as shackles or hooks, have been individually tested, examined and certificated; and
  (b) if designed to be used once only, it has not previously carried cargo.

Note: A single use of a container includes filling and transporting the container from the point of filling by one or more modes of transport, to the point where it is emptied of its contents.

6.2 An intermediate bulk container must not be hoisted otherwise than in accordance with its designed lifting arrangement or by means of a cargo net or tray or other means giving adequate support

7 Prescribed markings

7.1 Safe working load

An article of cargo gear must not be used in loading or unloading unless:

  (a) where the article is a block, chain or chain sling, ring, hook, shackle, swivel, clamp, pallet bar, connecting plate, multi-leg sling, synthetic webbing flat sling, round sling, can hook or similar article or an overhauling weight that is subject to stress, the safe working load is marked on it;
  (b) where the article is a cargo tray, crate, tub, grab or other similar receptacle, or an intermediate bulk container, the safe working load for which the article has been tested is marked upon it;
  (c) where the article is a lifting beam, lifting frame or vacuum or magnetic lifting device, the safe working load for which the article has been tested and the tare mass of the complete article are marked upon it; and
  (d) where the article is a personnel cradle, the safe working load for which it has been tested and the maximum number of persons it is designed to carry are marked upon it.

Note 1: For the purpose of 7.1(d), the mass of a person is taken to be 75 kilograms.

Note 2: The SWL marked on a multi-legged sling should be:
(a) in the case of a two-legged sling, the SWL when the included angle between the legs is 90°;
(b) in the case of a three-legged sling, the SWL when the included angle between any two legs is 90°; and
(c) in the case of a four-legged sling, the SWL when the included angle between any two diagonally opposite legs is 90°.

If a sling is purpose-designed for a particular load, the SWL to be marked is for the sling in its designed operating alignment.

Note 3: Natural fibre ropes and rope slings are not required to be marked for SWL.

7.2 Distinguishing mark or number

7.2.1 An article of cargo gear intended for repeated use that is required to be marked with the safe working load, contents or load for which it has been tested, must be marked in a conspicuous place with an identification mark.

7.2.2 For the purpose of 7.2.1, an article of cargo gear may be identified by using a batch mark or number, where that mark is verified by a test certificate.

7.3 Intermediate bulk containers and returnable cargo units

An intermediate bulk container or returnable cargo unit conforming to a container or unit referred to in 15.2.6 must be marked with:

  (a) the name and address of the manufacturer or supplier;
  (b) the manufacturer's product specification or identification;
  (c) the date of manufacture (month and year);
  (d) the safe working load;
  (e) where type-testing has been conducted in Australia, the date of the type-test;
  (f) in the case of a container intended for use once only, the words 'single trip'; and
  (g) lifting instructions, which may be diagrammatic.

7.4 Method of marking

Marking of an article of cargo gear for any purpose of this Part must be done:

  (a) in a form that is durable; and
  (b) directly on the article in a place and in a manner that will not give rise to stress in the article, except that:

(i) where the material is too hard to accept marking; or

(ii) direct marking would be likely to affect the safe use of the article,

  the marking must be made on a tablet or disc permanently attached to the article.

* * * * * *

Appendix 16

Unitised cargo

Appendix 17

Ladders

Appendix 18

Signalling

Appendix 19

Marking of mass

Appendix 20

Australian standards:
Guide in determining safe working load

Note: The Standards are listed by subject matter and full titles are not included. In some cases the Standard cited may have subsidiary parts or amendments which should be consulted.

Appendix 21

Actuating force: control equipment

The maximum actuating force required to operate controls of materials handling equipment is to be no greater than the following:

Appendix 21

Actuating force: control equipment

The maximum actuating force required to operate controls of materials handling equipment is to be no greater than the following:

* * * * * *

Appendix 22

Approved splices in wire rope