1.1 Section 191 of the Navigation Act 1912 provides for regulations to make provision for or in relation to giving effect to SOLAS.
1.2 Section 257 of the Navigation Act 1912 provides for regulations to make provision for or in relation to the stowing or carriage in ships of cargo.
1.3 Subsection 425(1AA) of the Navigation Act 1912 provides that AMSA may make orders with respect to any matter for or in relation to which provision may be made by regulation. This Part of Marine Orders therefore gives effect to Regulations 2, 6 and 7 of Chapter VI of SOLAS, to the BC Code referred to in Chapter VI of SOLAS, to Chapter VII-A1 of SOLAS, generally makes provision for the loading, stowing, carriage and unloading of solid bulk cargoes.
2 Definitions of words and phrases used in this Part
approved means approved by the Chief Marine Surveyor;
AMSA means the Australian Maritime Safety Authority established by the Australian Maritime Safety Authority Act 1990;
Chief Marine Surveyor means the person occupying the position of Manager, Ship Inspections, in AMSA or, in respect of any particular purpose under this Part, a suitably qualified person authorised by the Manager, Ship Inspections, for that purpose;
BC Code means the Code of Safe Practice for Solid Bulk Cargoes, 2001 Edition, published by IMO, as amplified by the Appendix to this Part;
dangerous goods in solid form in bulk means any material, other than liquid or gas, consisting of a combination of particles, granules or any larger pieces of material, generally uniform in composition, which is covered by the IMDG Code and is loaded directly into the cargo spaces of a ship without any intermediate form of containment, and includes such materials loaded in a barge on a barge-carrying ship;
General Manager means the person occupying the position of General Manager, Maritime Operations, in AMSA;
IMDG Code means the International Maritime Dangerous Goods Code as defined in Marine Orders, Part 41;
IMO means the International Maritime Organization;
operator means the owner of the ship or any other organisation or person such as the manager, or the bareboat charterer, who has assumed the responsibility for operation of the ship from the owner of the ship and who on assuming such responsibility has agreed to take over all duties and responsibilities imposed by the International Safety Management Code;
penal provision means a penal provision for the purposes of Regulation 4 of the Navigation (Orders) Regulations;[1]
SOLAS means the Safety Convention as defined in the Navigation Act 1912;
solid bulk cargo, for the purposes of this Part, excludes grain but includes slurry;
Part 5 - Marine Orders - Part 34: Solid bulk cargoes, Issue 5 (Order No. 7 of 2003) - Exemptions & equivalents[3] | Zoe
surveyor-in-charge means:
(a) in the case of a port where a marine survey office of AMSA is situated—the surveyor in charge of that office; and
(b) in the case of any other port—the surveyor in charge of the marine survey office of AMSA nearest to that port.
terminal representative means a person appointed by the terminal or other facility, where the ship is loading or unloading, who has responsibility for operations conducted by that terminal or facility with regard to the particular ship.[2]
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 BC Code.
3.2 In this Part, a reference to the physical or chemical characteristics of a material means the physical or chemical characteristics in the 'as provided for shipment' condition of that material.
3.3 A reference in the BC Code to the competent authority is to be taken to mean the Chief Marine Surveyor.
3.4 In this Part:
headings and sub-headings are part of the Part;
the Appendix is part of the Part;
a footnote is not part of the Part, but may provide additional information or guidance in applying the Part.
4 Application
4.1 This Part applies to the loading, stowing, carriage and unloading of solid bulk cargoes in:
(a) a ship registered in Australia; and
(b) a ship registered in a country other than Australia, that is in the territorial sea of Australia or in waters on the landward side of the territorial sea.
The Chief Marine Surveyor will, upon written request, if satisfied that compliance with a requirement of the BC Code or other provision of this Part would in a particular case be unreasonable or impracticable, allow exemption in relation to a ship or a cargo from compliance with such requirement or provision to such extent and subject to such conditions as that officer determines.
5.2 Equivalents
If a provision of the BC Code or other provision of this Part requires a particular fitting, material, appliance or apparatus or type thereof to be fitted or carried in a ship, or particular provision to be made in relation to a ship or its equipment or in relation to a cargo, the Chief Marine Surveyor may, upon written request, allow a modification or variation of that requirement if satisfied that the fitting, material, appliance or apparatus or type thereof or other provision so allowed is at least as effective as that required by the BC Code or this Part.
5.3 Exemptions and equivalents not to contravene SOLAS
The Chief Marine Surveyor 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 Chief Marine Surveyor 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 Chief Marine Surveyor; or
(b) make any decision that could be made by the Chief Marine Surveyor 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 Notice of intention to ship solid bulk cargo
7.1 At least 48 hours before commencing to load into a ship a solid bulk cargo referred to in Appendix A or Appendix B of the BC Code, at a port in Australia, the owner, master or agent of the ship must furnish to the surveyor-in-charge for the port of loading, a signed notice containing details of:
(a) the name and IMO number of the ship;
(b) the port and berth of loading;
(c) the identity or type, and approximate quantity of solid bulk cargo to be loaded; and
(d) the shipper of the cargo,
unless the surveyor-in-charge allows a shorter period of notice.[4]
7.2 The master must not permit solid bulk cargo to be loaded onto the ship until notice has been provided in accordance with 7.1.
This is a penal provision
7.3 If dangerous goods in solid form in bulk are to be shipped, notice must comply with Regulation VII-A1/7-2.2 of SOLAS.
8 Information for master
8.1 Nature of material
8.1.1 Before commencement of loading of a solid bulk cargo at a port in Australia, the shipper of that cargo must provide to the master, in writing, details specified by the BC Code of the characteristics and properties of the cargo relevant to its safe and efficient carriage by sea,[5] including:
(a) stowage factor;
(b) angle of repose;
(c) trimming procedures;
(d) likelihood of shifting;
(e) in the case of a cargo comprising material referred to in Appendix A of the BC Code, the transportable moisture limit and average moisture content;
(f) toxic and flammable gases which may be generated by the cargo;
(g) chemical hazards, such as flammability, propensity to deplete oxygen, toxicity and corrosiveness; and
(h) if the cargo has a tendency to self‑heat.
8.1.2 If dangerous goods in solid form in bulk are to be shipped, the information required by 8.1.1 must comply with Regulation VII-A1/7-2.1 of SOLAS.
8.1.3 The master must not permit solid bulk cargo to be loaded onto the ship until the information has been provided in accordance with 8.1.1.
This is a penal provision
8.2 Certificates of test
If compliance with 8.1.1 requires material to be sampled and tested, the shipper is responsible for arranging sampling and testing and for providing, if required by the BC Code, a certificate of test to the master.[6]
9 Medical guide
The master of a ship registered in Australia carrying solid bulk cargo listed in Appendix B of the BC Code, or dangerous goods in solid form in bulk, must ensure that there is on board a copy of the Medical First‑Aid Guide for Use in Accidents Involving Dangerous Goods.[7]
This is a penal provision
10 Cargoes which may liquefy
10.1 Prohibition
Except as provided for by 10.2, a person must not take or send a ship to sea with solid bulk cargo having a moisture content in excess of the transportable moisture limit for that cargo specified in the BC Code.
This is a penal provision
10.2 Exception
Provision 10.1 does not apply if there is on board the ship evidence that the Administration of the country in which the ship is registered has approved the ship as a specially fitted or specially constructed cargo ship complying with provision 7.2.2 or 7.2.3 of the BC Code, as appropriate.
10.3 Approvals in respect of an Australian registered ship
10.3.1 The Chief Marine Surveyor may approve an Australian registered ship as being a specially fitted or specially constructed cargo ship complying with provision 7.2.2 or 7.2.3 of the BC Code, as appropriate.
10.3.2 Application for approval under 10.3.1 must be made to the Chief Marine Surveyor and be accompanied by:
(a) information on the density of the cargo and whether it is to be carried as slurry or otherwise;
(b) scaled longitudinal and transverse sections, drawings and relevant structural drawings;
(c) stability calculations, taking into account loading arrangements and possible shift of the cargo, showing the distribution of cargo and liquids in tanks, and of cargo which may become fluid; and
(d) any other information that may assist in the assessment of the submission.
11 Loading, unloading and stowage of solid bulk cargoes
11.1 Subject to the specific provisions in 11.3 to 11.9 (inclusive) and to the other provisions of this Part, a person must not permit solid bulk cargo to be stowed, carried or trimmed except in accordance with the guidance, advice and recommendations set out in the BC Code and, where appropriate, Regulation VII-A1/7-3 of SOLAS.
This is a penal provision
11.2 Subject to the specific provisions in 11.3 to 11.10 (inclusive) and to the other provisions of this Part, a person must not load solid bulk cargo for carriage in a ship, or unload solid bulk cargo from a ship, except in a manner that is safe and will not adversely affect the safety of the ship on the proposed or subsequent voyage.[8]
This is a penal provision
11.3 To enable the master of a ship to prevent excessive stresses in the ship's structure, the operator of the ship must provide a booklet, written in a language with which the ship's officers responsible for cargo operations are familiar. If this language is not English, the operator of the ship must provide a booklet written also in the English language. The booklet must, as a minimum, include:
(a) stability data, as required by regulation II-1/22 of SOLAS;
(b) ballasting and deballasting rates and capacities;
(c) maximum allowable load per unit surface area of the tank top plating;
(d) maximum allowable load per hold;
(e) general loading and unloading instructions with regard to the strength of the ship's structure including any limitations on the most adverse operating conditions during loading, unloading, ballasting operations and the voyage;
(f) any special restrictions such as limitations on the most adverse operating conditions imposed by the Chief Marine Surveyor, the Flag Administration or the survey authority, if applicable; and
(g) where strength calculations are required, maximum permissible forces and moments on the ship's hull during loading, unloading and the voyage.
This is a penal provision
11.4.1 Before a solid bulk cargo is loaded or unloaded, the master and the terminal representative must agree on a plan which must ensure that the permissible forces and moments on the ship are not exceeded during loading or unloading, and must include the sequence, quantity and rate of loading or unloading, taking into consideration the speed of loading or unloading, the number of pours and the deballasting or ballasting capability of the ship.[9] The plan and any subsequent amendments thereto must be lodged with the terminal representative at the port of loading or unloading and a copy retained on board the ship throughout the voyage.
11.4.2 The terminal representative must retain the plan and any subsequent amendments thereto for at least 6 months and provide it to the surveyor-in-charge whenever requested to do so by the surveyor-in-charge.
This is a penal provision
11.4.3 The master of a ship must not permit solid bulk cargo to be loaded onto, or unloaded from, the ship until 11.4.1 has been complied with.
This is a penal provision
11.5 The master of a ship must ensure that solid bulk cargoes are loaded and trimmed reasonably level, as necessary, to the boundaries of the cargo space so as to minimise the risk of shifting and to ensure that adequate stability will be maintained throughout the voyage.
This is a penal provision
11.6.1 When solid bulk cargoes are carried in 'tween-decks, the hatchways of such 'tween-decks must be closed in those cases where the loading information indicates an unacceptable level of stress in the bottom structure if the hatchways are left open. The cargo must be trimmed reasonably level and must either extend from side to side or be secured by additional longitudinal divisions of sufficient strength. The safe load-carrying capacity of the 'tween-decks must be observed to ensure that the deck-structure is not overloaded.
11.6.2 The master of the ship must ensure that 11.6.1 is complied with.
This is a penal provision
11.7 The master and terminal representative must ensure, each within his or her areas of responsibility, that loading and unloading operations are conducted in accordance with the agreed plan, referred to in 11.4.1.
This is a penal provision
11.8.1 If during loading or unloading any of the limits of the ship referred to in 11.3 are exceeded or are likely to become so if the loading or unloading continues, the master has the right to suspend operation and the obligation to notify accordingly the appropriate authority of the port State.[10] The master and the terminal representative must ensure that corrective action is taken.
11.8.2 The master and terminal representative must ensure, each within his or her areas of responsibility, that 11.8.1 is complied with.
This is a penal provision
11.9.1 Ship's personnel must continuously monitor cargo operations.[11] Where possible, the ship's draught must be checked regularly during loading or unloading to confirm the tonnage figures supplied. Each draught and tonnage observation must be recorded in a cargo log-book. If significant deviations from the agreed plan, referred to in 11.4.1 are detected, cargo or ballast operations or both must be adjusted to ensure that the deviations are corrected.
11.9.2 The master must ensure that 11.9.1 is complied with.
This is a penal provision
11.10 When unloading cargo, the unloading method must be such as to avoid damage to the ship's structure.
12 Unsafe or inadequate arrangements
12.1 If, in relation to a particular solid bulk cargo, it appears to the Chief Marine Surveyor that the BC Code insufficiently provides for the safety of persons or for the proper carriage of the cargo, that officer may require additional precautions to be observed.
12.2 If, in relation to a particular ship, it appears to the Chief Marine Surveyor that the BC Code insufficiently provides for the safety of persons or for the proper carriage of solid bulk cargo, that officer may require additional precautions to be observed.
12.3 A person must not load, stow, trim or carry a cargo in respect of which the Chief Marine Surveyor has required additional precautions to be observed except in accordance with those additional precautions.
This is a penal provision
13 Inspections and additional tests
13.1 Compliance inspections
13.1.1 A surveyor may at any time inspect a ship loading or to be loaded with solid bulk cargo, the loading arrangements of the ship and the prescribed information relating to the cargo, and its carriage, to ascertain compliance with this Part.
13.1.2 If the surveyor referred to in 13.1.1 determines that there is not compliance with this Part, a surveyor may at any time make such further inspection or inspections as necessary to ascertain compliance.
13.1.3 The master of a ship must give a surveyor such access to a ship as is necessary for the purposes of 13.1.1 and 13.1.2.
This is a penal provision
13.2 Insufficient information
13.2.1 If it appears to the Chief Marine Surveyor that the information furnished in relation to a particular solid bulk cargo does not establish that the cargo can be loaded and carried in a ship without danger to the ship or any person on the ship, that officer may require such inspections, sampling and testing in accordance with the BC Code as will establish whether the cargo can be loaded and carried without danger.
13.2.2 If it appears to the Chief Marine Surveyor that the information furnished in relation to a particular ship does not establish that the solid bulk cargo, proposed to be loaded or carried, can be loaded and carried without danger to the ship or any person on the ship, that officer may require to be furnished with such additional information as will establish whether the cargo can be loaded and carried without danger.
13.3 Shipper to provide details
13.3.1 For the purposes of 13.1 or 13.2, the shipper of a solid bulk cargo required to be tested must make available:
(a) such samples of the cargo as are reasonably necessary to carry out a test;
(b) details of the methodology of sampling and testing previously carried out on the cargo; and
(c) details of the results of the required sampling and testing.
13.3.2 The Chief Marine Surveyor may prohibit the loading of a solid bulk cargo until 13.3.1 has been complied with.
13.3.3 A person must not load a solid bulk cargo prohibited by the Chief Marine Surveyor under 13.3.2.
This is a penal provision
13.4 Decisions of competent authority
13.4.1 If:
(a) it is intended that a particular solid bulk cargo be carried in a ship; and
(b) the BC Code requires consultation with, or the approval or permission of the competent authority in relation to the carriage, stowage or handling of such cargo,
the master of the ship must allow a surveyor to make such inspections as are necessary to enable the Chief Marine Surveyor to provide such consultation or determine whether or not to grant such approva1 or permission.
13.4.2 The Chief Marine Surveyor may prohibit the loading of a solid bulk cargo until 13.4.1 has been complied with.
13.4.3 A person must not load a solid bulk cargo prohibited by the Chief Marine Surveyor under 13.4.2.
This is a penal provision
14 Allowable shear forces & bending moments
14.1 Prior to loading of a ship, the master must demonstrate by appropriate means to a surveyor, if required by the surveyor, that the allowable still water shear forces and bending moments will not be exceeded during loading, and the allowable sea-going shear forces and bending moments will not be exceeded at the time of departure.
14.2 The Chief Marine Surveyor may prohibit the loading of a solid bulk cargo until 14.1 has been complied with.
14.3 A person must not load a solid bulk cargo prohibited by the Chief Marine Surveyor under 14.2.
This is a penal provision
15 Incidents at sea involving dangerous cargoes
15.1 If an incident takes place involving the loss or likely loss overboard of dangerous goods in solid form in bulk into the sea, the master or other person having charge of the ship must report the particulars of such incident without delay and to the fullest extent possible to the nearest coastal State.
This is a penal provision.
15.2 In the event of a ship referred to in 15.1 being abandoned, or in the event of a report from such a ship being incomplete or unobtainable, the owner or operator of the ship, or agent thereof, must make or complete the report.