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 253A provides that the regulations may prescribe matters in regard to the carriage of dangerous goods in ships.
1.3 Section 255 provides that the regulations may prescribe matters relating to the giving of notice of the intention to ship dangerous goods in ships.
1.4 Section 257 provides that the regulations may make provision for and in relation to the stowing and carriage in ships of cargo.
1.5 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.
1.6 This Part of Marine Orders therefore gives effect to Parts A and D of Chapter VII of SOLAS[1], and in particular to the IMDG Code,[2] and prescribes matters for the purposes of those provisions of the Navigation Act 1912 referred to in 1.2 to 1.4.
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;
Chief Marine Surveyor means the person occupying the position of Manager, Ship Inspection, in AMSA or, in respect of any particular purpose under this Part, a suitably qualified person authorised by the Manager, Ship Inspection, for that purpose;
cargo includes mails and passengers' baggage;
consolidator means a person who packs, or supervises the packing of, cargo for various shippers into a cargo transport unit for transport by sea;
container has the same meaning as in Marine Orders, Part 44 (Safe Containers);
dangerous goods means any goods to which the IMDG Code is expressed to apply, whether specifically listed in the IMDG Code or not;
General Manager means the person occupying the position of General Manager, Maritime Operations, in AMSA;
handling, in relation to cargo, includes loading, unloading, stacking, stowing or restowing and any operation incidental to or arising out of any of those operations;
IMDG Code means the version of the International Maritime Dangerous Goods Code adopted by IMO Resolution MSC.122(75), also referred to as the IMDG Code 2002 Edition, including errata and corrigenda that pertain to this edition of the IMDG Code;
IMO means the International Maritime Organization;
INF Code means the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High-Level Radioactive Wastes on board Ships, adopted by IMO Resolution MSC.88(71), amended by Resolution MSC.118(74) and, with effect from 1 July 2004, by Resolution MSC.135(76);
leakage and spillage includes leakage and spillage of dry contents, and emission of radiation at levels that are either directly or indirectly injurious to human health;
MARPOL means the Convention as defined in the Protection of the Sea (Prevention of Pollution from Ships) Act 1983;
originating shipper means any person, organisation or Government which prepares a consignment of dangerous goods to be shipped by a consolidator in a cargo transport unit;
penal provision means a penal provision for the purposes of Regulation 4 of the Navigation (Orders) Regulations.[4]
person in charge means the person in charge for the purposes of Marine Orders, Part 32 (Cargo Handling Equipment);
shipper means any person, organisation or Government which prepares a consignment for transport and, in the case of dangerous goods shipped by container or vehicle in less than full container or vehicle load, includes the consolidator of those goods;
SOLAS means the Safety Convention as defined in the Navigation Act 1912;
surveyor means a person appointed to be a surveyor under s.190 of the Navigation Act 1912;
surveyor-in-charge means:
in the case of a port where a marine survey office of AMSA is situated, the surveyor in charge of that office; and
in the case of any other port, the surveyor in charge of the marine survey office of AMSA nearest to that port;
tanker means a cargo ship constructed or adapted for the carriage in bulk of liquid cargoes of a flammable nature;
underdeck space means a hold or a covered space for the stowage of cargo and includes a space within a superstructure or deck erection but does not include an open deck space for vehicles;
UN number (UN No.), in relation to an item of dangerous goods, means the number assigned to that item in the IMDG Code;
vehicle means a road or rail vehicle carried on a ship.
3 Interpretation
3.1 A reference to ‘the Administration’ in Part A of Chapter VII of SOLAS is to be read as a reference to the Government of the country whose flag the ship flies and, in the case of a ship registered in Australia, to the Chief Marine Surveyor.
3.2 Unless otherwise specified in this Part, a reference to ‘competent authority’ in the IMDG Code is, in relation to a shipment of dangerous goods from Australia, to be read as a reference to the Chief Marine Surveyor.
3.3 A reference in this Part to a class of dangerous goods is a reference to a class as defined in Part 2 of the IMDG Code.
3.4 Words and phrases defined in the IMDG Code have the same meaning in this Part, unless otherwise defined in this Part.
3.5 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
Unless otherwise provided, this Part applies to and in relation to the carriage of dangerous goods 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.
However, it does not apply to:
(c) dangerous goods forming part of the equipment or stores required for the navigation, safety or maintenance of the ship or required for the intended operations of the ship; or
(d) dangerous goods to the extent that their handling is regulated under the Explosives Act 1961.
The Chief Marine Surveyor, being satisfied in any particular case that a requirement of this Part may be modified or varied without danger to person or property, may allow such modification to apply in that case either unconditionally or subject to such conditions as that officer considers appropriate.
5.2 Exemption
The Chief Marine Surveyor, being satisfied that the application of a requirement of this Part would in the circumstances be unreasonable, may exempt the shipper or the master, owner or agent of the ship or ship included in a class of ships from compliance with that requirement to the extent specified, subject to any conditions specified.
5.3 Modifications and exemptions not to contravene SOLAS
The Chief Marine Surveyor must not allow a modification under 5.1 or give an exemption 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 Requirements for dangerous goods and their packing, stowing and carriage[6]
For the purposes of sub-section 253A(2) of the Navigation Act 1912,[7] the requirements with which dangerous goods and the packing, stowing and carriage of such goods must comply, are:
(a) the provisions of Parts A and D of Chapter VII of SOLAS;
(b) the provisions of the IMDG Code expressed by that Code to be mandatory;
(c) the IMDG Code as interpreted, amplified or supplemented by the Appendix to this Part; and
(d) for goods to which the INF Code applies, that Code.[8]
8 Notice of intention to ship dangerous goods
8.1 How notification is to be made
8.1.1 Section 255 of the Navigation Act 1912 requires that, before any dangerous goods are shipped in any ship, the shipper thereof must give notice of intention to ship the goods in the manner and to the person prescribed. [9]
8.1.2 The manner of giving notice is by completing a Multimodal Dangerous Goods Form[10], and the person or persons to whom that form must be provided is as follows:
(a) if the dangerous goods are to be consolidated into a container or vehicle:
(i) the originating shipper must provide one copy of the Multimodal Dangerous Goods Form to the consolidator and one copy to the master; and
(ii) the consolidator must provide a Multimodal Dangerous Goods Form covering the container or vehicle to the master;[\[11\]](#_ftn11)
(b) in any other case—the shipper must provide the Multimodal Dangerous Goods Form to the master; and
(c) whenever requested to do so by the surveyor-in-charge, the shipper must provide a copy of the Multimodal Dangerous Goods Form to the surveyor-in-charge.
8.1.3 A Multimodal Dangerous Goods Form required to be sent to the master of a ship should be sent as soon as practical after arrival of the ship at the port of shipment, and in any case before the goods are placed on board the ship.
8.1.4 The master[12] must provide to the surveyor-in-charge a special list or manifest[13] relating to the goods being placed on board the ship in accordance with 8.1.5.
This is a penal provision.
8.1.5 The special list or manifest referred to in 8.1.4 should be sent as soon as practical, but in any case before the goods are placed on board the ship. If it is not practical for all the information required to be sent within 24 hours before the goods are to be loaded, the master must provide the following information at least 24 hours before the goods are to be loaded:
(a) ship name;
(b) IMO number;
(c) port of loading;
(d) date of loading and departure;
(e) classes of goods being loaded.
8.1.6 The master must inform the surveyor-in-charge in writing of any subsequent changes to the special list or manifest before the goods are placed on board the ship.
This is a penal provision.
8.1.7 If dangerous goods are being transhipped, it is sufficient for the person organising the transhipment to provide the master with a copy of the dangerous goods transport documentation[14] covering the previous part of the voyage, accompanied by a Multimodal Dangerous Goods Form containing ship and voyage information for the intended voyage and endorsed to the effect that the goods have been transhipped.
If dangerous goods are on board ship, or are to be loaded into or onto a ship, or unloaded from a ship, the master must ensure a safe system of work for crew members and other persons on board the ship. In particular, the master must ensure that:
(a) adequate warning of the risks are given to crew members and other persons on board the ship and that they are advised of suitable precautions to be taken;
(b) any incident involving dangerous goods, including leakage and spillage of goods that are or might be dangerous goods, occurring on board the ship are reported as soon as possible to the surveyor-in-charge;[\[16\]](#_ftn16)
(c) no bunkering is carried out at any time during the handling of dangerous goods of Class 1 (other than Class 1.4S); and
(d) radio transmitters are not operated in an unsafe manner during loading or unloading of explosive articles.[\[17\]](#_ftn17)
This is a penal provision.
9.2 Responsibility of person in charge
If dangerous goods are on board ship, or are to be loaded into or onto a ship, or unloaded from a ship, the person in charge must ensure a safe system of work for persons engaged in loading or unloading of cargo. In particular, the person in charge must ensure that:
(a) adequate warning of the risks are given to persons engaged in loading or unloading of cargo and that they are advised of suitable precautions to be taken;
(b) any incident involving dangerous goods, including leakage and spillage of goods that are or might be dangerous goods, occurring during loading or unloading onto a ship, or prior to loading onto a ship, is reported as soon as possible to the surveyor-in-charge;[\[18\]](#_ftn18)
(c) dangerous goods showing evidence of damaged packagings are not handled without permission of the surveyor-in-charge;
(d) goods that are, or might be, dangerous goods that are leaking or spilling are not handled without permission of the surveyor-in-charge; and
(e) radio transmitters are not operated in an unsafe manner during loading or unloading of explosive articles.
This is a penal provision.
9.3 Responsibility of individuals
If dangerous goods are on board ship, or are to be loaded into or onto a ship, or unloaded from a ship, each person on board a ship, or engaged in loading or unloading of cargo, must:
(a) act upon any warnings or advice given to him or her by the master or person in charge;
(b) refrain from smoking, except in such part of the ship as the master designates for such purpose;
(c) not use or permit another person to use a spark or flame, except in such part of the ship as the master designates for such purpose; and
(d) not engage in, or permit another person to engage in, metal welding or cutting, on a ship while dangerous goods are on board, except in such part of the ship as the master designates for such purpose.[\[19\]](#_ftn19)
This is a penal provision.
10 Information on incident response
10.1 The operator of a ship on which it is intended that dangerous goods be carried must issue detailed instructions on emergency response and medical first aid relevant to incidents involving dangerous goods in packaged form, complying with Regulation VII/2.4 of SOLAS.[20]
This is a penal provision.
10.2 The master of a ship on which dangerous goods are to be carried must ensure that the detailed instructions on emergency response and medical first aid issued by the ship’s operator are readily available on board the ship.
This is a penal provision.
11 Incidents at sea involving dangerous goods
11.1 If an incident takes place involving the loss or likely loss overboard of dangerous goods in packaged form 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.
11.2 In the event of a ship referred to in 11.1 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.