10 Australian Certificate for the Carriage of Livestock
10.1 Requirement for certificate
10.1.1 Operator
The operator of a ship that is permanently equipped for the carriage of livestock must not allow the ship to carry livestock from a port in Australia unless there is in force in respect of the ship an Australian Certificate for the Carriage of Livestock valid for the species of livestock to be carried.
This is a penal provision.
10.1.2 Master
The master of a ship that is permanently equipped for the carriage of livestock must not take the ship to sea with livestock on board from a port in Australia unless there is in force in respect of the ship an Australian Certificate for the Carriage of Livestock valid for the species of livestock to be carried.
This is a penal provision.
10.2 Application for certificate
10.2.1 Application for the issue, reissue or endorsement of an Australian Certificate for the Carriage of Livestock must be made by the owner or agent of a ship by submitting to the Manager, Ship Inspections, in writing the information specified in Appendix 2.[11] If the application is for the initial issue of a certificate, such information as is reasonably necessary to assess compliance with this Part must also be submitted, including three copies of each of the following documents:[12]
(a) scale drawings that provide details of:
(i) the design, materials, methods of construction and arrangement of fittings for the containment and movement of the livestock;
(ii) ventilation arrangements,[\[13\]](#_ftn13) together with the gross volume of enclosed spaces;
(iii) lighting;
(iv) the provisions for storage and distribution of fodder and water;
(v) drainage arrangements;
(vi) arrangements of main and secondary supplies of power;
(vii) the provision of fire-fighting appliances;
(viii) the general arrangement of the ship, both before and after modification to carry livestock, if a converted ship; and
(ix) the structural fire protection plan of the ship, both before and after modification to carry livestock, if a converted ship;
(b) stability data for the ship with livestock on board;
(c) a documented maintenance program[\[14\]](#_ftn14) related to:
(i) the livestock containment structure (including accessways, ramps between decks and ship/shore livestock accesses);
(ii) ventilation, lighting and drainage arrangements for the livestock areas of the ship, including main and secondary sources of power;
(iii) the arrangements for storage and distribution of fodder and water;
(iv) the making of potable water on board (if this is required to provide for the necessary quantity of water to supply the livestock); and
(v) the fire-fighting appliances in the livestock areas of the ship; and
(d) a Record of Equipment and Arrangements in accordance with Form 2 of Appendix 1.
10.2.2 All information required by 10.2.1 must be in English or accompanied by an English translation.
10.2.3 A copy of the information required by 10.2.1 must be kept on board the ship.
10.3 Issue or reissue of certificate
10.3.1 If, following a survey of a ship, the Manager, Ship Inspections, is satisfied that:
(a) the livestock fittings, livestock equipment and arrangements for the carriage of livestock of the ship:
(i) fully comply with the provisions of this Part; or
(ii) are of a standard that is at least equivalent to the provisions of this Part; or
(iii) if the ship was engaged in carrying livestock from Australia before 1 July 1983, are of a standard substantially in compliance with the provisions of this Part;
(b) the ship complies with or, if it was constructed or converted for the carriage of livestock before 1 July 2000, substantially complies with, the bridge visibility requirements of Regulation 22 of Chapter V of SOLAS; and
(c) issue or reissue of a certificate is not prohibited by 10.5,
the Manager, Ship Inspections, will issue, or where appropriate reissue, in respect of the ship an Australian Certificate for the Carriage of Livestock for the species of livestock for the carriage of which the ship complies, in the form specified in Form 1 of Appendix 1.
10.3.2 In circumstances where there is insufficient time for the issue or reissue of an Australian Certificate for the Carriage of Livestock before the ship is due to sail, the Manager, Ship Inspections, may issue an Interim Document in the form specified in Form 4 of Appendix 1 for a period not exceeding one month, and that Interim Document has effect as though it were an Australian Certificate for the Carriage of Livestock.
10.4 Annual endorsement of certificate
10.4.1 An Australian Certificate for the Carriage of Livestock is subject to annual endorsement.
10.4.2 If, following a survey of a ship, the Manager, Ship Inspections, is satisfied that the arrangements for the carriage of livestock[15] have been maintained in accordance with this Part, and that endorsement of the certificate is not prohibited by 10.5, the Manager, Ship Inspections, will endorse the ship’s Australian Certificate for the Carriage of Livestock accordingly.
10.5 Prohibition on issue, reissue or endorsement of certificate
10.5.1 An Australian Certificate for the Carriage of Livestock is not to be issued, endorsed or reissued in respect of any ship unless:
(a) the ship is classed by a classification society;
(b) there is in force in respect of the ship certification under the ISM Code; and
(c) one of the following applies:
(i) irrespective of the date of construction, the ship meets the requirements of the Safety Convention applicable to ships constructed on or after 1 September 1984;[\[16\]](#_ftn16) or
(ii) subject to 10.5.2., an Australian Certificate for the Carriage of Livestock has been previously issued in respect of the ship, the operator of the ship has not changed, and the requirements specified in 10.3 for reissue of that certificate are met on, or within the three months following, its validity ceasing for whatever reason.
10.5.2 Notwithstanding provision 10.5.1(c)(ii), no Australian Certificate for the Carriage of Livestock can be reissued or endorsed with an expiry date after 1 December 2011 in respect of a ship that does not meet the requirement set out in 10.5.1(c)(i).
10.6 Validity and duration of certificate
10.6.1 Subject to 10.6.2, an Australian Certificate for the Carriage of Livestock remains valid for a maximum of five years from the date of issue, although if the ship’s Safety Construction Certificate or equivalent survey certificate is extended in accordance with SOLAS or Marine Orders Part 31, the Manager, Ship Inspections, may extend its validity in a like manner.[17]
10.6.2 Subject to 10.7, an Australian Certificate for the Carriage of Livestock ceases to be valid:
(a) if the ship’s certificate of survey or Safety Convention certificate becomes invalid for any reason—for such period as that certificate remains invalid; or
(b) if a survey for endorsement of the Australian Certificate for the Carriage of Livestock has not been satisfactorily completed within three months of its anniversary date—until the endorsement is carried out; or
(c) if one or more of the requirements of 10.3.1 are no longer met in respect of a ship—until the requirements of 10.3.1 are again being met in respect of the ship; or
(d) if one or more of the prohibitions on the issue of a certificate set out in 10.5 now apply in relation to a ship—until no prohibitions on the issue of a certificate set out in 10.5 now apply in relation to the ship; or
(e) if the arrangements for the carriage of livestock are substantially changed as set out in 10.6.3; or
(f) if the arrangements for the carriage of livestock are modified as set out in 10.6.4 and such modifications do not comply with the requirements specified in this Part for the construction of livestock structures and pens; or
(g) if the operator of the ship changes; or
(h) with effect from 1 December 2011—if the ship does not meet the requirements of the Safety Convention applicable to ships constructed on or after 1 September 1984.
10.6.3 For the purposes of 10.6.2(e), the arrangements for the carriage of livestock are considered to be substantially changed if:
(a) modifications are made to the livestock structures affecting 50 per cent or more of the total pen area; or
(b) modifications increase the total pen area by 10 per cent or more.
10.6.4 For the purposes of 10.6.2(f), the arrangements for the carriage of livestock are modified if:
(a) modifications to the livestock structures affect more than 10 per cent but less than 50 per cent of the total pen area, or
(b) modifications increase the total pen area by more than 2 per cent but less than 10 per cent.[\[18\]](#_ftn18)
10.6.5 The operator of a ship in respect of which the Australian Certificate for the Carriage of Livestock has become invalid must return the certificate to the Manager, Ship Inspections, at any time if requested to do so by the Manager, Ship Inspections.
This is a penal provision.
10.7 Limitation on use of certificate
10.7.1 If:
(a) an Australian Certificate for the Carriage of Livestock has become invalid because one or more of the requirements of 10.3 are no longer met in respect of a ship; and
(b) the Manager, Ship Inspections, is of the opinion that it would nevertheless be reasonable in the circumstances to allow the ship to continue to operate subject to conditions,
the Manager, Ship Inspections, may give written notice to the operator of the ship of those conditions.
10.7.2 If the ship is operated in accordance with the conditions, the Australian Certificate for the Carriage of Livestock in respect of the ship is considered to be valid, despite 10.6.2.
10.8 Certificate to be kept on board ship
The operator of a ship must ensure that the Australian Certificate for the Carriage of Livestock in respect of the ship, together with its associated Record of Equipment and Arrangements, is on board the ship at all times when the ship is engaged in the loading and carriage of livestock.
This is a penal provision.
10.9 Production of certificate
The master of a ship must, on the request of a surveyor, produce the Australian Certificate for the Carriage of Livestock in respect of the ship.
This is a penal provision.
10.10 Livestock to be carried in compliance with certificate
The master of a ship must ensure that, when livestock is on board the ship, the livestock fittings, livestock equipment and arrangements for the carriage of livestock shown in the Australian Certificate for the Carriage of Livestock are in position and in good order and the livestock are contained and carried in compliance with the certificate.
This is a penal provision.
10.11 Alterations
The operator of a ship in respect of which an Australian Certificate for the Carriage of Livestock is in force must advise the Manager, Ship Inspections, as soon as practicable if:
(a) the ship is sold or scrapped; or
(b) the ship changes flag or port of registry; or
(c) the ship changes name; or
(d) the ship’s classification society changes; or
(e) a change is made in the ship's equipment, services or arrangements provided for the carriage of livestock.