Division Where a provision of this Part requires - Marine Orders - Part 33: Cargo and cargo handling—grain, Issue 4 - Where a provision of this Part requires a particular fitting, material, appliance or apparatus, or type thereof to be fitted or carried in a ship or a particular provision to be made in a ship, the Manager, Ship Inspections may allow any other fitting, material, appliance or apparatus, or type thereof, to be fitted or carried, or any other provision to be made, if that officer is satisfied that the other fitting, material, appliance or apparatus, or type thereof, or provision, is at least as effective as that required by that provision of this Part. | Zoe
Marine Orders - Part 33: Cargo and cargo handling—grain, Issue 4
Where a provision of this Part requires Where a provision of this Part requires a particular fitting, material, appliance or apparatus, or type thereof to be fitted or carried in a ship or a particular provision to be made in a ship, the Manager, Ship Inspections may allow any other fitting, material, appliance or apparatus, or type thereof, to be fitted or carried, or any other provision to be made, if that officer is satisfied that the other fitting, material, appliance or apparatus, or type thereof, or provision, is at least as effective as that required by that provision of this Part.
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This Part gives effect to Part C of Chapter VI of SOLAS dealing with the carriage of grain and generally makes provision for the loading, stowing and carriage of grain in ships.
1.2 Power
1.2.1 Subsection 425(1) of the Navigation Act provides for regulations to be made prescribing matters required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.
1.2.2 Section 191 of the Navigation Act provides that the regulations may make provision for or in relation to giving effect to SOLAS. Part C of Chapter VI of SOLAS deals with the carriage of grain.
1.2.3 Section 257 of the Navigation Act provides that the regulations may make provision for or in relation to giving effect to the stowing or carriage in ships of cargo.[1]
1.2.4 Subsection 425(1AA) of the Navigation Act provides for the making of orders with respect to matters that can be made by the regulations.
2 Definitions of words and phrases used in this Part
AMSA means the Australian Maritime Safety Authority established by the Australian Maritime Safety Authority Act 1990;
approved means approved by the Manager, Ship Inspections;
Manager, Ship Inspections, means the Manager, Ship Inspections, in AMSA or, in respect of any particular purpose under this Part, a suitably qualified person authorised by the Manager, Ship Inspections, for that purpose;
Code means the International Code for the Safe Carriage of Grain in Bulk (International Grain Code), 1991 edition, published by the International Maritime Organization;
document of authorization means a document in accordance with provision 8:
(a) in relation to a ship registered in Australia—issued by the Manager, Ship Inspections or a survey authority; or
(b) in relation to a Safety Convention ship other than a ship registered in Australia—issued by:
(i) the administration of the country of registry of the ship; or
(ii) the administration of a country to which the Convention applies, on behalf of the country of registry, under the law of the country of registry that gives effect to SOLAS; or
(iii) an organisation recognised and authorised by the administration of the country of registry of the ship;
General Manager means the person occupying the position of General Manager, Maritime Operations, in AMSA;
IMO means the International Maritime Organization;
penal provision means a penal provision for the purposes of Regulation 4 of the Navigation (Orders) Regulations;[2]
SOLAS means the Safety Convention as defined in the Navigation Act;
survey authority means a survey authority approved for the purposes of the Navigation Act;[3]
surveyor means:
(a) a person appointed as a surveyor under section 190 of the Navigation Act; or
(b) a person authorised by the Manager, Ship Inspections to perform a particular function as a surveyor under this Part;
the Navigation Act means the Navigation Act 1912.
3 Interpretation
3.1 In this Part, unless otherwise provided or unless the context otherwise requires, words and phrases have the same meaning as they have in the Code.
3.2 A reference in the Code to the Administration is to be read as a reference to the Manager, Ship Inspections.
3.3 A reference in the Code to an organization recognised by the Administration is to be read as a reference to a survey authority.
3.4 In this Part:
(a) headings and subheadings are part of the Part;
(b) the Appendix is part of the Part; and
(c) a footnote is not part of the Part, but may provide additional information or guidance in applying the Part.
4 Application
4.1 Subject to 4.2, and unless otherwise provided, this Part applies to the loading, stowing and carriage of grain in bulk in:
(a) a ship registered in Australia; or
(b) a ship registered in a country other than Australia that is in the territorial sea of Australia or in waters on the landward side of the territorial sea.
4.2 This Part does not apply to a ship taking on board or carrying grain wholly in bags, or in bulk wholly in freight containers.
The Manager, Ship Inspections, if satisfied that compliance with a provision of this Part would be unnecessary or unreasonable having regard to a ship or class of ships, its equipment and its intended voyage, may exempt that ship or class of ships from compliance with such provision to the extent specified and subject to such conditions as that officer thinks fit.
5.2 Equivalents
Where a provision of this Part requires a particular fitting, material, appliance or apparatus, or type thereof to be fitted or carried in a ship or a particular provision to be made in a ship, the Manager, Ship Inspections may allow any other fitting, material, appliance or apparatus, or type thereof, to be fitted or carried, or any other provision to be made, if that officer is satisfied that the other fitting, material, appliance or apparatus, or type thereof, or provision, is at least as effective as that required by that provision of this Part.
5.3 Exemptions and equivalents not to contravene SOLAS
The Manager, Ship Inspections must not give an exemption under 5.1 or allow an equivalent under 5.2 if it would contravene SOLAS.
6 Review of decisions
6.1 Internal review
6.1.1 If the Manager, Ship Inspections makes a decision under this Part, a person affected by the decision may apply to the General Manager for review of that decision.
6.1.2 An application for internal review under 6.1.1 must be made in writing to the General Manager and must be accompanied by such information as the General Manager requires to enable that officer to make a proper decision.
6.1.3 The General Manager may:
(a) affirm the original decision by the Manager, Ship Inspections; or
(b) make any decision that could be made by the Manager, Ship Inspections in accordance with this Part.
6.2 Review by the AAT
6.2.1 Application may be made to the Administrative Appeals Tribunal for review of a decision by the General Manager under 6.1.3.
6.2.2 The General Manager must give his or her decision in writing within 28 days of receiving the application for internal review. The notice must 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. The notice must also include a statement to the effect that the person may request a statement under section 28 of that Act.
6.2.3 Failure to comply with 6.2.2 in relation to a decision does not affect the validity of that decision.
7 Requirements
7.1 Bulk grain to be loaded etc in accordance with Code
7.1.1 Subject to other provisions of this Part and SOLAS, grain in bulk must be loaded, trimmed and carried in accordance with the requirements of Part C of Chapter VI of SOLAS and with the Code.
7.1.2 A ship to be loaded with bulk grain must carry the documents necessary to demonstrate compliance with these requirements.[5]
7.1.3 In accordance with A 7.2 of the Code, AMSA may require the master of a ship to demonstrate the ability of the ship to comply with the stability requirements of the Code at all stages of the voyage. For this purpose, the master’s calculations demonstrating compliance with the stability criteria at all stages of the voyage must be completed prior to loading or partial discharge and made available to a surveyor on request.[6]
7.1.4 A surveyor may at any time inspect a ship carrying or intending to carry grain from an Australian port to verify compliance with this Part and with the Code.[7]
7.2 Fumigation
If a cargo space, whether containing grain or not, is required to be fumigated prior to the loading of grain, the fumigation must be carried out in accordance with the IMO Recommendations on the Safe Use of Pesticides on Ships.[8]
7.3 Exemptions for certain voyages
(A 5 of the Code)
A ship fully or partly loaded with grain, while on passage:
(a) between ports in Spencer Gulf; or
(b) between ports in St Vincent's Gulf; or
(c) within the geographic limits of Port Phillip;
is exempt from the stability requirements of this Part provided it complies with the requirements specified in the Appendix.
8 Document of authorization
(A 3 of the Code)
A document of authorization must comply with the Code.
9 Loading of grain
9.1 Notice of intention to load grain
9.1.1 Subject to 9.1.2, at least 72 hours prior to the time loading of grain is intended to commence, a notice of intention to load grain is to be lodged by an approved method for each port where grain is to be loaded, providing the following information:[9]
(a) name of ship; and
(b) country of registry; and
(c) IMO number; and
(d) type of ship; and
(e) year keel laid; and
(f) gross tonnage; and
(g) summer deadweight; and
(h) summer draft; and
(i) sailing draft; and
(j) agent (for cargo) and contact details; and
(k) approving authority for document of authorization and date of approval; and
(l) an indication that the stability booklet provides for trimmed and untrimmed ends; and
(m) grain cargo details—type of grain, tonnes to be loaded (approx), stowage factor, percentage full for each hold; [\[10\]](#_ftn10) and
(n) worst condition heeling moments and maximum allowable heeling moments; and
(o) maximum angle of heel, as applicable; and
(p) port, location and time vessel will be available for inspection; and
(q) time loading is intended to commence; and
(r) next port of call; and
(s) name of master.
9.1.2 A surveyor may approve a notification period less than the period of 72 hours referred to in 9.1.1 on request of the master.
9.2 Loading grain
9.2.1 Subject to 9.2.2, the master of a ship must not permit grain to be loaded onto the ship if :
(a) notice has not been given in accordance with 9.1; or
(b) a surveyor has advised the master that an inspection of the ship is required.
This is a penal provision.
9.2.2 If a surveyor has advised the master that an inspection of the ship is required, the loading may commence on the advice of the surveyor following the inspection.
10 Partial discharge of grain
10.1 Notice of partial discharge of grain
10.1.1 Subject to 10.1.2, if a cargo of grain is to be partially discharged at an Australian port, at least 24 hours prior to the anticipated time of sailing from that port, a notice of intention to discharge grain is to be lodged by an approved method for each port where grain is to be discharged, providing the following information:[11]
(a) name of ship; and
(b) country of registry; and
(c) IMO number; and
(d) type of ship; and
(e) year keel laid; and
(f) gross tonnage; and
(g) summer deadweight; and
(h) summer draft; and
(i) sailing draft; and
(j) agent (for cargo) and contact details; and
(k) approving authority for document of authorisation and date of approval; and
(l) an indication that the stability booklet provides for trimmed and untrimmed ends; and
(m) grain cargo details—type of grain, tonnes to be discharged (approx), stowage factor, percentage full for each hold;[\[12\]](#_ftn12) and
(n) later discharge ports; and
(o) worst condition heeling moments and maximum allowable heeling moments; and
(p) maximum angle of heel, as applicable; and
(q) port, location and time vessel will be available for inspection; and
(r) anticipated time of sailing; and
(s) next port of call; and
(t) name of master.
10.1.2 A surveyor may approve a notification period less than the period of 24 hours referred to in 10.1.1 on request of the master.
10.2 Subject to 10.3, the master of a ship must not take the ship to sea if:
(a) notice has not been given in accordance with 10.1; or
(b) a surveyor has advised the master that an inspection of the ship is required.
This is a penal provision.
10.3 If a surveyor advises the master that an inspection of the ship is required, the ship may sail on the advice of the surveyor following the inspection.