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Commonwealth legislation
This Act has been repealed and is no longer in force. It is retained for historical reference.
Mechanically, this instrument sets mandatory survey, certification and operational safety rules for mobile offshore drilling units (MODUs): MODU Safety Certificates (1979 or 1989 by build date), survey and inspection duties, personnel and emergency‑training requirements, towage/transfer and helideck procedures, and penalties for non‑compliance. It applies to Australian‑registered MODUs and foreign MODUs operating as offshore industry mobile units. Owners, persons‑in‑charge and agents bear compliance costs and possible fines; the Chief Marine Surveyor decides on equivalents, exemptions and may require, condition or prohibit towage.
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Direct links to the current provisions in Marine Orders - Part 47: Mobile Offshore Drilling Units, Issue 2 (Order No. 1 of 2000).
Table of Contents
1 Interpretation
2 Purpose & application
3 Equivalents & exemptions
4 Review of decisions
5 Offences
6 Requirements—survey & certification
7 Requirements—personnel
8 Specific operational requirements
9 Certificates
10 Transitional
Appendix 1 Personnel
Appendix 2 Interpretations & additional requirements
Previous issues
Issue 1, Order No. 6 of 1986
Issue 2, Order No. 1 of 2000
―Amended by Order No. 1 of 2001
1.1 In this Part, unless the contrary intention appears, the following definitions apply:
AMSA means the Australian Maritime Safety Authority established by the Australian Maritime Safety Authority Act 1990;
Chief Marine Surveyor means the Manager, Ship Inspection Programs, in AMSA or, in respect of any particular purpose under this Part, a suitably qualified person authorised by the Manager, Ship Inspection Programs for that purpose;
IMO means the International Maritime Organization;
Manager means the Manager, Ship Operations and Qualifications in AMSA, or in respect of any particular purpose under this Appendix, a suitably qualified person authorised by the Manager, Ship Operations and Qualification for that purpose;
MODU means a mobile off-shore drilling unit as defined in the 1989 MODU Code;
MODU certificate means a MODU Safety Certificate (1979) or a MODU Safety Certificate (1989);
MODU Safety Certificate (1979) means a certificate in the form appearing in the Appendix to the 1979 MODU Code;
MODU Safety Certificate (1989) means a certificate in the form appearing in the Appendix to the 1989 MODU Code;
person in charge means the person who, for the time being, is the person in charge in accordance with Appendix 1;
survey authority means a survey authority approved for the purposes of the Navigation Act;
Note: The following survey authorities are approved:
American Bureau of Shipping Bureau Veritas
Det Norske Veritas Germanischer Lloyd
Lloyd's Register of Shipping Nippon Kaiji Kyokai
surveyor means:
(a) a person appointed as a surveyor under section 190 of the Navigation Act; or
(b) a person employed as a surveyor by a survey authority as defined in the Navigation Act;
the 1979 MODU Code means the Code for the Construction and Equipment of Mobile Offshore Drilling Units, 1979, (IMO Resolution A.414(XI) as amended by MSC/Circ.561); and
the 1989 MODU Code means the Code for the Construction and Equipment of Mobile Offshore Drilling Units, 1989, (IMO Resolution A.649(16) as amended by MSC/Circ.561 and Resolution MSC.38(63)).
1.2 In this Part, unless otherwise provided or unless the context otherwise requires, words and phrases have the same meaning as they have in the 1989 Code.
1.3 A reference in a MODU Code to the Administration is to be read as a reference to the Chief Marine Surveyor, and a power, function or discretion exercisable by the Administration is exercisable by the Chief Marine Surveyor.
1.4 The expression to the satisfaction of the Administration, or any similar expression appearing in a MODU Code, means that the Chief Marine Surveyor may require the fitting, material, appliance, apparatus or arrangement referred to, to meet any relevant requirements specified in Marine Orders or otherwise be demonstrated to be safe and effective for its intended purpose.
1.5 In this Part, the date of construction means the stage of construction of a MODU at which:
(a) construction identifiable with the particular MODU has begun; and
(b) a portion of the MODU, having a mass of not less than:
(i) 50 tonnes; or
(ii) one per cent of the estimated mass of all structural material of the MODU as proposed to be completed,
whichever is the less, has been fabricated and finally assembled.
1.6 A reference to a Regulation of SOLAS in the 1979 MODU Code is to be read as a reference to that Regulation of SOLAS as in force on 1 January 1980.
1.7 A reference to a Regulation of SOLAS in the 1989 MODU Code is to be read as a reference to that Regulation of SOLAS as in force on the date that the MODU was built.
1.8 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.
Note: Copies of IMO Resolutions or other documents referred to in this Part or in the MODU Codes are available from AMSA.
2.1 Purpose
This Part:
(a) for the purpose of section 190B of the Navigation Act, specifies the requirements with which the construction, hull, equipment and machinery of MODUs must comply;
(b) for the purposes of section 283E of the Navigation Act, makes provision for and in relation to giving effect to IMO resolutions with respect to MODUs; and
(c) for the purposes of paragraph 425(1)(db) of the Navigation Act, generally makes provision for the safe navigation and operation of MODUs.
2.2 Application
This Part applies to:
(a) a MODU registered in Australia; and
(b) a MODU registered in a country other than Australia that is operating as an off-shore industry mobile unit under section 8 of the Navigation Act.
Note: Pre 1 July 1986 MODUs are expected to comply substantially with this Part. However, a MODU constructed prior to 1 July 1986 that is unable to comply with a provision or provisions of this Part, will be exempted from compliance with such provision or provisions to the extent that the Chief Marine Surveyor considers compliance unreasonable and impractical, having regard to the MODU, its equipment and its intended operations, subject to such conditions as that officer thinks fit.
3.1 Equivalents
If a provision of a 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 MODU, or particular provision to be made in relation to a MODU or its equipment, 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 code or this Part.
3.2 Exemptions
The Chief Marine Surveyor will, upon written request, if satisfied that compliance with a requirement of a code or other provision of this Part would in a particular case be unreasonable or impracticable, allow exemption in relation to a MODU from compliance with such requirement or provision to such extent and subject to such conditions as that officer determines.
4.1 Application to the Administrative Appeals Tribunal
Application may be made to the Administrative Appeals Tribunal for a review of a decision by the Chief Marine Surveyor:
(a) not to allow a modification or variation under 3.1;
(b) not to allow exemption in relation to a MODU under 3.2;
(c) under 8.7.2, to require an inspection of a MODU prior to a tow, to prohibit a tow or to permit a tow subject to conditions;
(d) to specify a lesser period of validity for a certificate under 9.2.1;
(e) to cancel a certificate under 9.2.3(a);
(f) not to endorse a certificate under 9.3;
(g) relating to the exercise of a discretion under the 1979 MODU Code or the 1989 MODU Code.
4.2 Statements to accompany written notice of decisions
A person making a decision referred to in this Part may give to a person whose interests are affected by the decision a 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;
(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.
4.3 Validity of decisions
Failure to comply with 4.2 in relation to a decision does not affect the validity of that decision.
5 Offences
5.1 Provisions 6.1, 6.2.1, 6.2.2, 6.2.3, 7, 8.1, 8.2.1, 8.2.2, 8.3, 8.4.1, 8.5.1, 8.5.2, 8.5.3, 8.6, 8.7.1, 8.7.3, 8.8.1, 8.8.2, 8.8.3, 8.8.4 and 8.9 are penal provisions.
5.2 Failure to comply with 6.1, 6.2.1, 8.2.1, 8.2.2 or 8.7.3 constitutes an offence by the owner and person-in-charge.
5.3 Failure to comply with 7, 8.3, 8.4.1, 8.5.1 or 8.6 constitutes an offence by the owner.
5.4 Failure to comply with 6.2.2, 6.2.3, 8.1, 8.8.1, 8.8.2, 8.8.3, 8.8.4 or 8.9 constitutes an offence by the person-in-charge.
5.5 Failure to comply with 8.7.1 constitutes an offence by the owner and agent.
5.6 Failure to comply with 8.5.2 or 8.5.3 constitutes an offence by the person concerned.
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 on conviction:
(a) if the offender is a natural personby a fine not exceeding $2,000; or
(b) if the offender is a body corporateby a fine not exceeding $5,000.
By virtue of sections 4AB and 4AA of the Crimes Act 1914, these penalties are now $2,200 and $5,500 respectively.
6 Requirements—survey & certification
6.1 MODU Code certificate
A MODU must not move or be moved from a location unless there is in force:
(a) for a MODU constructed before 1 May 1991—a MODU Certificate (1979); or
(b) for a MODU constructed on or after 1 May 1991—a MODU Certificate (1989).
Note: In circumstances where a MODU may need to move from a location at short notice, the owner should ensure that the appropriate certificate is held at all times.
6.2 Maintenance of condition after survey
6.2.1 Where a surveyor determines that, in any respect, a MODU does not comply with this Part or that the MODU is not fit to be engaged in operations, other than drilling operations, without danger to itself or to persons on board, the owner or the person in charge of the MODU must take the corrective action required by the surveyor.
6.2.2 If the safety of the MODU or persons on board is endangered by the occurrence of an incident referred to in section 268 of the Navigation Act or by any defect, other than in the drilling operations of the MODU, the person in charge must report the accident or defect in accordance with 12 of Marine Orders, Part 31.
6.2.3 Where a MODU, in respect of which there is held a valid MODU certificate, becomes less efficient or seaworthy by reason of any alteration or damage or by reason of any alteration or damage to any fitting, material, appliance or apparatus of the MODU, the person in charge must give notice in accordance with 5 of Marine Orders, Part 31.
7 Requirements—personnel
A MODU must be provided with personnel in accordance with Appendix 1.
8.1 Internal openings
The official log-book entries required by paragraph 3.6.3.2.2 of the 1979 MODU Code and paragraph 3.6.5.2 of the 1989 MODU Code must be made by the person-in-charge.
8.2 Storage of gas cylinders
8.2.1 A cylinder of breathing medium for use in diving operations must be stowed separately from other gas cylinders.
8.2.2 Gas cylinders must be stowed away from accommodation areas, the navigating bridge and the radio room.
8.3 Experienced personnel for emergencies
The owner of a MODU must ensure that there is on board at all operational times, a suitably trained and experienced person well acquainted with the characteristics, capabilities and limitations of the MODU, who is to:
(a) organise appropriate procedures for all possible emergencies;
(b) conduct emergency drills and emergency training in accordance with this Part and to keep records of such drills and training; and
(c) ensure that all safety equipment items carried by the MODU are kept fit and ready for use at all times.
Note: In considering suitable training, the owner should take into account IMO Resolution A.712(17) Recommended Standards of Specialized Training.
8.4 Muster list
8.4.1 The owner of a self-propelled MODU must ensure maintenance of a current muster list, in accordance with 8.4.2:
(a) appropriate to all possible emergencies;
(b) revised as necessary to reflect any procedural changes; and
(c) exhibited in conspicuous positions in the accommodation and various other parts of the MODU, easily visible to all personnel prior to and in an emergency.
8.4.2 The muster list must specify:
(a) the location of the muster station assigned to each person, including special personnel and any other supernumeraries;
(b) the duties of each person, which, so far as practicable, are to be related to the normal duties of that person; and
(c) special duties, if any, assigned to persons in particular locations,
and must describe the General Emergency Alarm Signal, the Prepare to Abandon MODU Signal and the Abandon MODU Signal.
Note: In the case of a MODU to which the 1989 MODU Code applies, the muster list must comply with that Code.
8.5 Drills
8.5.1 The owner of a self-propelled MODU must ensure that:
(a) drills in accordance with 13.1 of Appendix 2 are conducted to simulate the emergency conditions included on the muster list and to demonstrate that appliances are complete, in good working order and ready for immediate use; and
(b) all personnel are adequately instructed to ensure that they are familiar with alarm signals and their muster stations and that they are capable of efficiently performing emergency duties assigned to them.
8.5.2 Personnel required for drill must report to their muster stations and be prepared to perform the duties assigned to them.
8.5.3 Survival craft equipment must be examined frequently by the experienced person referred to in 8.3, who must ensure that it is at all times complete and ready for use.
8.6 Emergency training
The owner must ensure that appropriate emergency training is given to all personnel aboard a MODU.
Note: In considering suitable training, the owner should take into account IMO Resolutions A.538(13) Recommendation on Maritime Safety Training of Personnel on Mobile Offshore Units, and A.852(20) Guidelines for a structure of an integrated system of contingency planning for shipboard emergencies.
8.7 Towage
8.7.1 The owner of a MODU, or agent, must notify the Chief Marine Surveyor of any proposed towage of the MODU in sufficient time to enable any inspection required under this Part to be carried out, including:
(a) details of the intended voyage;
(b) names of towing and escort vessels;
(c) estimated time of departure, estimated time of arrival at destination, and proposed route;
(d) the towing arrangement proposed to be used including, unless towing arrangements are to be in accordance with the operating manual, full details of the proposed arrangements;
(e) the name and qualifications of the person in charge for the tow; and
(f) the name and qualifications of the person, if any, assisting in accordance with 4.3 of Appendix 1.
8.7.2 The Chief Marine Surveyor may require an inspection of a MODU prior to commencement of a tow and may prohibit any tow or permit the tow, subject to such conditions as that officer determines are necessary for safety.
8.7.3 A MODU must not be towed in contravention of a prohibition or a conditional permit by the Chief Marine Surveyor.
8.8 Transfer of material, appliances or personnel
8.8.1 A transfer operation, the mass of the loads to be handled and emergency procedures must be discussed and agreed between personnel on the MODU and on attending vessels prior to commencement of the operation.
8.8.2 Throughout a transfer operation, direct communication must be maintained with the crane operator.
8.8.3 A crane on a MODU may only be used to transfer persons between the MODU and a vessel if:
(a) each person is wearing an approved life jacket, immersion suit or anti-exposure suit;
(b) a personnel basket is used in accordance with 18.1 of the Australian Offshore Support Vessel Code of Safe Working Practice, referred to in Marine Orders, Part 59; and
(c) not more than 4 persons are transferred simultaneously.
8.8.4 Transfer operations must be undertaken only in accordance with the operating manual.
8.9 Helicopter arrivals and departures
During helicopter arrivals at and departures from a MODU, the person-in-charge must ensure that:
(a) there is present on or near the helideck, persons who:
(i) have been trained in fire-fighting procedures; and
(ii) are appropriately dressed and equipped for rescuing any persons aboard the helicopter and for fighting any outbreaks of fire; and
(b) no person other than a person referred to in (a) is present on or near the helideck.
9.1 Issue
9.1.1 A MODU Safety Certificate (1979) will be issued by the Chief Marine Surveyor or by a survey authority in respect of a MODU surveyed in accordance with:
(a) the 1979 MODU Code; and
(b) except in the case of a MODU registered in a country other than Australia—the additional requirements in Appendix 2,
and found to be in compliance.
9.1.2 A MODU Safety Certificate (1989) will be issued by the Chief Marine Surveyor or by a survey authority in respect of a MODU surveyed in accordance with:
(a) the 1989 MODU Code; and
(b) except in the case of a MODU registered in a country other than Australia—the additional requirements in Appendix 2,
and found to be in compliance.
9.2 Duration
9.2.1 A MODU certificate is valid for a period of 5 years from the date of issue, or for such lesser period as the survey authority or Chief Marine Surveyor issuing the certificate considers appropriate and specifies on the certificate, unless earlier cancelled by the Chief Marine Surveyor.
9.2.2 The period of validity of a MODU certificate may not be extended, except in accordance with 13 of Marine Orders, Part 31.
9.2.3 A MODU certificate ceases to be valid:
(a) when cancelled by the Chief Marine Surveyor or survey authority for failure of the MODU to comply with this Part; or
(b) on transfer of the registration of the MODU from one country to another.
9.3 Endorsement
A MODU certificate is to be endorsed by the surveyor following completion of an intermediate survey in accordance with the relevant MODU Code.
1.1 In this Part, unless the contrary intention appears, the following definitions apply:
AMSA means the Australian Maritime Safety Authority established by the Australian Maritime Safety Authority Act 1990;
Chief Marine Surveyor means the Manager, Ship Inspection Programs, in AMSA or, in respect of any particular purpose under this Part, a suitably qualified person authorised by the Manager, Ship Inspection Programs for that purpose;
IMO means the International Maritime Organization;
Manager means the Manager, Ship Operations and Qualifications in AMSA, or in respect of any particular purpose under this Appendix, a suitably qualified person authorised by the Manager, Ship Operations and Qualification for that purpose;
MODU means a mobile off-shore drilling unit as defined in the 1989 MODU Code;
MODU certificate means a MODU Safety Certificate (1979) or a MODU Safety Certificate (1989);
MODU Safety Certificate (1979) means a certificate in the form appearing in the Appendix to the 1979 MODU Code;
MODU Safety Certificate (1989) means a certificate in the form appearing in the Appendix to the 1989 MODU Code;
person in charge means the person who, for the time being, is the person in charge in accordance with Appendix 1;
survey authority means a survey authority approved for the purposes of the Navigation Act;
Note: The following survey authorities are approved:
American Bureau of Shipping Bureau Veritas
Det Norske Veritas Germanischer Lloyd
Lloyd's Register of Shipping Nippon Kaiji Kyokai
surveyor means:
(a) a person appointed as a surveyor under section 190 of the Navigation Act; or
(b) a person employed as a surveyor by a survey authority as defined in the Navigation Act;
the 1979 MODU Code means the Code for the Construction and Equipment of Mobile Offshore Drilling Units, 1979, (IMO Resolution A.414(XI) as amended by MSC/Circ.561); and
the 1989 MODU Code means the Code for the Construction and Equipment of Mobile Offshore Drilling Units, 1989, (IMO Resolution A.649(16) as amended by MSC/Circ.561 and Resolution MSC.38(63)).
1.2 In this Part, unless otherwise provided or unless the context otherwise requires, words and phrases have the same meaning as they have in the 1989 Code.
1.3 A reference in a MODU Code to the Administration is to be read as a reference to the Chief Marine Surveyor, and a power, function or discretion exercisable by the Administration is exercisable by the Chief Marine Surveyor.
1.4 The expression to the satisfaction of the Administration, or any similar expression appearing in a MODU Code, means that the Chief Marine Surveyor may require the fitting, material, appliance, apparatus or arrangement referred to, to meet any relevant requirements specified in Marine Orders or otherwise be demonstrated to be safe and effective for its intended purpose.
1.5 In this Part, the date of construction means the stage of construction of a MODU at which:
(a) construction identifiable with the particular MODU has begun; and
(b) a portion of the MODU, having a mass of not less than:
(i) 50 tonnes; or
(ii) one per cent of the estimated mass of all structural material of the MODU as proposed to be completed,
whichever is the less, has been fabricated and finally assembled.
1.6 A reference to a Regulation of SOLAS in the 1979 MODU Code is to be read as a reference to that Regulation of SOLAS as in force on 1 January 1980.
1.7 A reference to a Regulation of SOLAS in the 1989 MODU Code is to be read as a reference to that Regulation of SOLAS as in force on the date that the MODU was built.
1.8 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.
Note: Copies of IMO Resolutions or other documents referred to in this Part or in the MODU Codes are available from AMSA.
2.1 Purpose
This Part:
(a) for the purpose of section 190B of the Navigation Act, specifies the requirements with which the construction, hull, equipment and machinery of MODUs must comply;
(b) for the purposes of section 283E of the Navigation Act, makes provision for and in relation to giving effect to IMO resolutions with respect to MODUs; and
(c) for the purposes of paragraph 425(1)(db) of the Navigation Act, generally makes provision for the safe navigation and operation of MODUs.
2.2 Application
This Part applies to:
(a) a MODU registered in Australia; and
(b) a MODU registered in a country other than Australia that is operating as an off-shore industry mobile unit under section 8 of the Navigation Act.
Note: Pre 1 July 1986 MODUs are expected to comply substantially with this Part. However, a MODU constructed prior to 1 July 1986 that is unable to comply with a provision or provisions of this Part, will be exempted from compliance with such provision or provisions to the extent that the Chief Marine Surveyor considers compliance unreasonable and impractical, having regard to the MODU, its equipment and its intended operations, subject to such conditions as that officer thinks fit.
3.1 Equivalents
If a provision of a 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 MODU, or particular provision to be made in relation to a MODU or its equipment, 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 code or this Part.
3.2 Exemptions
The Chief Marine Surveyor will, upon written request, if satisfied that compliance with a requirement of a code or other provision of this Part would in a particular case be unreasonable or impracticable, allow exemption in relation to a MODU from compliance with such requirement or provision to such extent and subject to such conditions as that officer determines.
4.1 Application to the Administrative Appeals Tribunal
Application may be made to the Administrative Appeals Tribunal for a review of a decision by the Chief Marine Surveyor:
(a) not to allow a modification or variation under 3.1;
(b) not to allow exemption in relation to a MODU under 3.2;
(c) under 8.7.2, to require an inspection of a MODU prior to a tow, to prohibit a tow or to permit a tow subject to conditions;
(d) to specify a lesser period of validity for a certificate under 9.2.1;
(e) to cancel a certificate under 9.2.3(a);
(f) not to endorse a certificate under 9.3;
(g) relating to the exercise of a discretion under the 1979 MODU Code or the 1989 MODU Code.
4.2 Statements to accompany written notice of decisions
A person making a decision referred to in this Part may give to a person whose interests are affected by the decision a 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;
(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.
4.3 Validity of decisions
Failure to comply with 4.2 in relation to a decision does not affect the validity of that decision.
5 Offences
5.1 Provisions 6.1, 6.2.1, 6.2.2, 6.2.3, 7, 8.1, 8.2.1, 8.2.2, 8.3, 8.4.1, 8.5.1, 8.5.2, 8.5.3, 8.6, 8.7.1, 8.7.3, 8.8.1, 8.8.2, 8.8.3, 8.8.4 and 8.9 are penal provisions.
5.2 Failure to comply with 6.1, 6.2.1, 8.2.1, 8.2.2 or 8.7.3 constitutes an offence by the owner and person-in-charge.
5.3 Failure to comply with 7, 8.3, 8.4.1, 8.5.1 or 8.6 constitutes an offence by the owner.
5.4 Failure to comply with 6.2.2, 6.2.3, 8.1, 8.8.1, 8.8.2, 8.8.3, 8.8.4 or 8.9 constitutes an offence by the person-in-charge.
5.5 Failure to comply with 8.7.1 constitutes an offence by the owner and agent.
5.6 Failure to comply with 8.5.2 or 8.5.3 constitutes an offence by the person concerned.
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 on conviction:
(a) if the offender is a natural personby a fine not exceeding $2,000; or
(b) if the offender is a body corporateby a fine not exceeding $5,000.
By virtue of sections 4AB and 4AA of the Crimes Act 1914, these penalties are now $2,200 and $5,500 respectively.
6 Requirements—survey & certification
6.1 MODU Code certificate
A MODU must not move or be moved from a location unless there is in force:
(a) for a MODU constructed before 1 May 1991—a MODU Certificate (1979); or
(b) for a MODU constructed on or after 1 May 1991—a MODU Certificate (1989).
Note: In circumstances where a MODU may need to move from a location at short notice, the owner should ensure that the appropriate certificate is held at all times.
6.2 Maintenance of condition after survey
6.2.1 Where a surveyor determines that, in any respect, a MODU does not comply with this Part or that the MODU is not fit to be engaged in operations, other than drilling operations, without danger to itself or to persons on board, the owner or the person in charge of the MODU must take the corrective action required by the surveyor.
6.2.2 If the safety of the MODU or persons on board is endangered by the occurrence of an incident referred to in section 268 of the Navigation Act or by any defect, other than in the drilling operations of the MODU, the person in charge must report the accident or defect in accordance with 12 of Marine Orders, Part 31.
6.2.3 Where a MODU, in respect of which there is held a valid MODU certificate, becomes less efficient or seaworthy by reason of any alteration or damage or by reason of any alteration or damage to any fitting, material, appliance or apparatus of the MODU, the person in charge must give notice in accordance with 5 of Marine Orders, Part 31.
7 Requirements—personnel
A MODU must be provided with personnel in accordance with Appendix 1.
8.1 Internal openings
The official log-book entries required by paragraph 3.6.3.2.2 of the 1979 MODU Code and paragraph 3.6.5.2 of the 1989 MODU Code must be made by the person-in-charge.
8.2 Storage of gas cylinders
8.2.1 A cylinder of breathing medium for use in diving operations must be stowed separately from other gas cylinders.
8.2.2 Gas cylinders must be stowed away from accommodation areas, the navigating bridge and the radio room.
8.3 Experienced personnel for emergencies
The owner of a MODU must ensure that there is on board at all operational times, a suitably trained and experienced person well acquainted with the characteristics, capabilities and limitations of the MODU, who is to:
(a) organise appropriate procedures for all possible emergencies;
(b) conduct emergency drills and emergency training in accordance with this Part and to keep records of such drills and training; and
(c) ensure that all safety equipment items carried by the MODU are kept fit and ready for use at all times.
Note: In considering suitable training, the owner should take into account IMO Resolution A.712(17) Recommended Standards of Specialized Training.
8.4 Muster list
8.4.1 The owner of a self-propelled MODU must ensure maintenance of a current muster list, in accordance with 8.4.2:
(a) appropriate to all possible emergencies;
(b) revised as necessary to reflect any procedural changes; and
(c) exhibited in conspicuous positions in the accommodation and various other parts of the MODU, easily visible to all personnel prior to and in an emergency.
8.4.2 The muster list must specify:
(a) the location of the muster station assigned to each person, including special personnel and any other supernumeraries;
(b) the duties of each person, which, so far as practicable, are to be related to the normal duties of that person; and
(c) special duties, if any, assigned to persons in particular locations,
and must describe the General Emergency Alarm Signal, the Prepare to Abandon MODU Signal and the Abandon MODU Signal.
Note: In the case of a MODU to which the 1989 MODU Code applies, the muster list must comply with that Code.
8.5 Drills
8.5.1 The owner of a self-propelled MODU must ensure that:
(a) drills in accordance with 13.1 of Appendix 2 are conducted to simulate the emergency conditions included on the muster list and to demonstrate that appliances are complete, in good working order and ready for immediate use; and
(b) all personnel are adequately instructed to ensure that they are familiar with alarm signals and their muster stations and that they are capable of efficiently performing emergency duties assigned to them.
8.5.2 Personnel required for drill must report to their muster stations and be prepared to perform the duties assigned to them.
8.5.3 Survival craft equipment must be examined frequently by the experienced person referred to in 8.3, who must ensure that it is at all times complete and ready for use.
8.6 Emergency training
The owner must ensure that appropriate emergency training is given to all personnel aboard a MODU.
Note: In considering suitable training, the owner should take into account IMO Resolutions A.538(13) Recommendation on Maritime Safety Training of Personnel on Mobile Offshore Units, and A.852(20) Guidelines for a structure of an integrated system of contingency planning for shipboard emergencies.
8.7 Towage
8.7.1 The owner of a MODU, or agent, must notify the Chief Marine Surveyor of any proposed towage of the MODU in sufficient time to enable any inspection required under this Part to be carried out, including:
(a) details of the intended voyage;
(b) names of towing and escort vessels;
(c) estimated time of departure, estimated time of arrival at destination, and proposed route;
(d) the towing arrangement proposed to be used including, unless towing arrangements are to be in accordance with the operating manual, full details of the proposed arrangements;
(e) the name and qualifications of the person in charge for the tow; and
(f) the name and qualifications of the person, if any, assisting in accordance with 4.3 of Appendix 1.
8.7.2 The Chief Marine Surveyor may require an inspection of a MODU prior to commencement of a tow and may prohibit any tow or permit the tow, subject to such conditions as that officer determines are necessary for safety.
8.7.3 A MODU must not be towed in contravention of a prohibition or a conditional permit by the Chief Marine Surveyor.
8.8 Transfer of material, appliances or personnel
8.8.1 A transfer operation, the mass of the loads to be handled and emergency procedures must be discussed and agreed between personnel on the MODU and on attending vessels prior to commencement of the operation.
8.8.2 Throughout a transfer operation, direct communication must be maintained with the crane operator.
8.8.3 A crane on a MODU may only be used to transfer persons between the MODU and a vessel if:
(a) each person is wearing an approved life jacket, immersion suit or anti-exposure suit;
(b) a personnel basket is used in accordance with 18.1 of the Australian Offshore Support Vessel Code of Safe Working Practice, referred to in Marine Orders, Part 59; and
(c) not more than 4 persons are transferred simultaneously.
8.8.4 Transfer operations must be undertaken only in accordance with the operating manual.
8.9 Helicopter arrivals and departures
During helicopter arrivals at and departures from a MODU, the person-in-charge must ensure that:
(a) there is present on or near the helideck, persons who:
(i) have been trained in fire-fighting procedures; and
(ii) are appropriately dressed and equipped for rescuing any persons aboard the helicopter and for fighting any outbreaks of fire; and
(b) no person other than a person referred to in (a) is present on or near the helideck.
9.1 Issue
9.1.1 A MODU Safety Certificate (1979) will be issued by the Chief Marine Surveyor or by a survey authority in respect of a MODU surveyed in accordance with:
(a) the 1979 MODU Code; and
(b) except in the case of a MODU registered in a country other than Australia—the additional requirements in Appendix 2,
and found to be in compliance.
9.1.2 A MODU Safety Certificate (1989) will be issued by the Chief Marine Surveyor or by a survey authority in respect of a MODU surveyed in accordance with:
(a) the 1989 MODU Code; and
(b) except in the case of a MODU registered in a country other than Australia—the additional requirements in Appendix 2,
and found to be in compliance.
9.2 Duration
9.2.1 A MODU certificate is valid for a period of 5 years from the date of issue, or for such lesser period as the survey authority or Chief Marine Surveyor issuing the certificate considers appropriate and specifies on the certificate, unless earlier cancelled by the Chief Marine Surveyor.
9.2.2 The period of validity of a MODU certificate may not be extended, except in accordance with 13 of Marine Orders, Part 31.
9.2.3 A MODU certificate ceases to be valid:
(a) when cancelled by the Chief Marine Surveyor or survey authority for failure of the MODU to comply with this Part; or
(b) on transfer of the registration of the MODU from one country to another.
9.3 Endorsement
A MODU certificate is to be endorsed by the surveyor following completion of an intermediate survey in accordance with the relevant MODU Code.
An exemption granted or continued under a provision of Marine Orders, Part 47, Issue 1, and in force immediately before this Issue of this Part came into force, is to continue in force as if granted under this Issue of this Part.
An appliance, item of equipment or arrangement approved under a provision of Marine Orders, Part 47, Issue 1, and in service on a MODU immediately before this Issue of this Part came into force, is deemed to be approved under this Issue of this Part.
10.3 Replacement or renewal of equipment etc
If:
(a) an appliance, item of equipment or arrangement referred to in the relevant MODU Code is replaced; or
(b) the MODU on which an appliance, item of equipment or arrangement referred to in the relevant MODU Code requires additional or different appliances, items of equipment or arrangements,
the replacement or additional appliances, items of equipment or arrangements must, as far as practical, comply with the latest SOLAS specifications or requirements for such appliances, items of equipment or arrangements. If, however, a survival craft is replaced without replacing its launching appliance, or vice versa, the replacement may be of the same type as the item replaced.
An exemption granted or continued under a provision of Marine Orders, Part 47, Issue 1, and in force immediately before this Issue of this Part came into force, is to continue in force as if granted under this Issue of this Part.
An appliance, item of equipment or arrangement approved under a provision of Marine Orders, Part 47, Issue 1, and in service on a MODU immediately before this Issue of this Part came into force, is deemed to be approved under this Issue of this Part.
10.3 Replacement or renewal of equipment etc
If:
(a) an appliance, item of equipment or arrangement referred to in the relevant MODU Code is replaced; or
(b) the MODU on which an appliance, item of equipment or arrangement referred to in the relevant MODU Code requires additional or different appliances, items of equipment or arrangements,
the replacement or additional appliances, items of equipment or arrangements must, as far as practical, comply with the latest SOLAS specifications or requirements for such appliances, items of equipment or arrangements. If, however, a survival craft is replaced without replacing its launching appliance, or vice versa, the replacement may be of the same type as the item replaced.
Personnel
1 Definitions
In this appendix, the following definitions apply:
competent person means a person on board a MODU who has previous experience in MODU operations other than drilling or diving operations and who has the necessary skills to perform the duties required by this appendix;
self-propelled MODU includes:
(a) a MODU equipped with means of propulsion for use, with or without the assistance of tugs, to transfer it from site to site; and
(b) a MODU equipped with means of propulsion to maintain it in position while drilling; and
special personnel means a person, not being the master or a seaman, who is on board a MODU in connection with the purpose of the MODU or any related purpose and who has been given safety instruction at least to the level specified in 14.2.4.
2 Application
This appendix does not apply to a MODU secured at a safe berth or during carriage in transit on a rig transporting vessel.
3 Manning
3.1 The owner of a MODU must ensure that the manning of the MODU comprises at least:
(a) in the case of a MODU at anchor or otherwise connected to the seabed, other than a self-propelled MODU—a person-in-charge and such number of competent persons as determined by the owner to be sufficient to undertake normal operations and emergency procedures; or
(b) in the case of a manned MODU under tow, other than a self-propelled MODU—a person-in-charge and, subject to 3.2 and 3.3, such number of persons as determined by the owner to be sufficient to undertake towage operations and emergency procedures; or
(c) in the case of a self-propelled MODU—a person-in-charge and such number of competent persons as determined by the owner to be sufficient to undertake normal operations and emergency procedures and must include no fewer than the number, if any, of persons qualified in accordance with Marine Orders, Part 3, specified in respect of that MODU by the Manager.
3.2 The manning specified in 3.1(b) is to comprise:
(a) persons holding a valid Certificate as Able Seaman or equivalent; and
(b) persons holding a valid Certificate of Safety Training, who have served not less than 2 years in aggregate on MODUs and have previous experience in MODU towage operations,
not fewer than the number specified in the operating manual relating to that MODU, for towage operations and emergency procedures, or where the Manager has specified a number in respect of that MODU, not fewer than that number.
3.3 The owner of a manned MODU under tow must ensure that the MODU carries as part of its crew at least one person holding a valid GMDSS operator certificate, and a sufficient number of other persons capable of communicating with the towing vessels so as to ensure that communication can be maintained at all times.
4 Person-in-charge
Note: Various persons may be appointed person-in-charge, according to shift and according to the mode of operation of the MODU.
4.1 A person must not be appointed person-in-charge during any mode of operation of a MODU unless that person is:
(a) well acquainted with the characteristics, capabilities and limitations of the MODU during that mode;
(b) capable of directing all tasks relevant to the MODU's operation in that mode; and
(c) capable of directing emergency procedures.
4.2 A person must not be appointed person-in-charge of a self-propelled MODU under way unless that person is:
(a) the master of the MODU; and
(b) holder of a valid Certificate of Competency as Master Class 1.
Note: It is not necessary for a master of a MODU to be person-in-charge, when the MODU is anchored or otherwise connected to the seabed.
4.3 A person must not be appointed person-in-charge of a manned MODU, other than a self-propelled MODU, under tow unless that person is:
(a) well experienced in all aspects of MODU-towing operations; and
(b) holder of a valid Certificate of Competency as Master Class 1 or is assisted by a person on board holding such a qualification.
4.4 The person appointed in charge of an unmanned MODU under tow must be the master of a vessel towing the MODU.
4.5 For the purposes of 4.3 and 4.4, an unmanned MODU will continue to be treated as unmanned even though persons are aboard for short periods to carry out inspections, or to maintain, adjust or reconnect towing gear.
5 Duration of responsibility
5.1 Whenever a person assumes the duties of person-in-charge, an entry to this effect, including the time of changeover, must be made in the appropriate logbook.
5.2 The person-in-charge remains person-in-charge for the purposes of this Part, from the time of signing on in the logbook as person-in-charge to the time of signing off.
5.3 Changeover of person-in-charge must be effected in accordance with the procedures specified in the operating manual relating to the MODU.
6 Responsibilities of person-in-charge of a MODU under tow
6.1 The person-in-charge of a MODU under tow must, prior to the tow commencing:
(a) ensure by inspection that:
(i) the towing gear, including emergency towing gear, is set up in accordance with the appropriate arrangement specified in the operating manual relating to that MODU, for the intended voyage;
(ii) the towing arrangements on each towing vessel are sound;
(iii) the connecting arrangements between the towing gear on the MODU and on each towing vessel are sound; and
(b) certify in the logbook that the inspections have been carried out and that the towing arrangements, including emergency towing arrangements, are in all respects fit for the intended voyage.
6.2 While a MODU is under tow, the person-in-charge must:
(a) ensure the operational safety of the MODU;
(b) direct all emergency operations, including if considered necessary, abandonment of the MODU;
(c) in consultation with the master on each towing vessel, determine the course to steer and the speed;
(d) ensure the safety and direct any necessary adjustment of the towing gear on the MODU;
(e) direct the release of towing gear; and
(f) direct the preparation, connection and use, if necessary, of emergency towing gear.
6.3 A person-in-charge being assisted by a person holding a valid Certificate of Competency as Master Class 1 must obtain the advice of that person before carrying out the duties specified in 6.1 and 6.2.
* * * * * *
Interpretations & additional requirements
1 Towage fittings
Towage fittings must be so designed, constructed and installed as to minimise, having regard to both normal and emergency conditions, danger to personnel during towing operations and must be such as satisfy the survey authority.
2 Construction portfolio
The copy of the construction portfolio required to be carried on board a MODU by paragraph 2.8 of the 1979 MODU Code or paragraph 2.9 of the 1989 MODU Code must be maintained up to date.
3 External openings
3.1 External openings for use during operation of a MODU, while afloat, that could affect watertight integrity, including air pipes regardless of the fitting of closing appliances, ventilators, ventilation intakes and outlets, non-watertight hatches and doorways not fitted with a watertight closing appliance must be so located that their lower edges will not submerge when the MODU is inclined to the first intercept between the righting moment and wind heeling moment curves in an intact or damaged stability condition under the 1979 MODU Code or the 1989 MODU Code.
3.2 External openings such as manholes fitted with close bolted covers, small hatches and sidescuttles of a non-opening type may be so located as to submerge when the MODU is damaged as assumed by 3.5 of the 1979 MODU Code or the 1989 MODU Code.
3.3 Small hatches referred to in 3.2 are those normally used for access by personnel and must each be fitted with:
(a) a quick-acting watertight cover of steel or equivalent material acceptable to the survey authority;
(b) a visual or other alarm system arranged to show personnel, both locally and at a central position, whether the hatch covers are open or closed; and
(c) a notice board to the effect that the closing appliance is to be closed while at sea and is for temporary use only,
but are not to be regarded as emergency exits.
4 Height of coamings, etc
The height of hatch and ventilator coamings, air pipes, door sills and similar items in exposed positions and their means of closing must be determined by consideration of both intact and damage stability requirements.
5 Weathertight closing appliances
Weathertight closing appliances must be fitted to:
(a) openings that may become submerged before the heeling angle at which the minimum specified area is achieved under the intact criteria of the 1979 and 1989 MODU Codes and, for column stabilised MODUs, the damage criteria of the 1989 MODU Code; and
(b) openings that lead to spaces the volume of which is included in the calculation of cross curves of stability.
Note: Sanitary discharges originating in spaces referred to in 5(b) should be fitted with non-return valves where the discharges pass through the shell.
6 Electrical
6.1 Precautions against electric shock
In paragraph 5.5.1 of the 1979 and 1989 MODU Codes, 55V should be read as 50V in respect of a MODU built on or after 1 July 2000.
6.2 Low location lighting
A MODU constructed on or after 1 July 2000 must comply with IMO Resolution A.752(18) Guidelines for the evaluation, testing and application of low-location lighting on passenger ships.
7 Fire precautions
7.1 Fire hose specifications
A fire hose must be:
(a) constructed of material acceptable to the Chief Marine Surveyor;
(b) not more than 18 metres in length;
(c) provided with a dual purpose nozzle and the necessary couplings; and
(d) together with any necessary fittings and tools, kept ready for use in a conspicuous position near a hydrant or other connection.
7.2 Fire test procedures
A MODU constructed on or after 1 July 2000 must comply with IMO Resolution MSC.61(67) International Code for Application of Fire Test Procedures.
7.3 Sprinkler systems
A MODU constructed on or after 1 July 2000 must comply with IMO Resolution A.800(19) Revised guidelines for approval of sprinkler systems equivalent to that referred to in SOLAS Regulation II-2/12.
8 Helicopters
8.1 Helicopter deck
Where a high fire risk space is located below a helicopter deck, such space must be insulated to a standard to the satisfaction of the Chief Marine Surveyor.
8.2 Helicopter facilities
A MODU constructed on or after 1 July 2000 must comply with IMO Resolution A.855(20) Standards for on-board helicopter facilities.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
Table of Contents
1 Interpretation
2 Purpose & application
3 Equivalents & exemptions
4 Review of decisions
5 Offences
6 Requirements—survey & certification
7 Requirements—personnel
8 Specific operational requirements
9 Certificates
10 Transitional
Appendix 1 Personnel
Appendix 2 Interpretations & additional requirements
Previous issues
Issue 1, Order No. 6 of 1986
Issue 2, Order No. 1 of 2000
―Amended by Order No. 1 of 2001
1.1 In this Part, unless the contrary intention appears, the following definitions apply:
AMSA means the Australian Maritime Safety Authority established by the Australian Maritime Safety Authority Act 1990;
Chief Marine Surveyor means the Manager, Ship Inspection Programs, in AMSA or, in respect of any particular purpose under this Part, a suitably qualified person authorised by the Manager, Ship Inspection Programs for that purpose;
IMO means the International Maritime Organization;
Manager means the Manager, Ship Operations and Qualifications in AMSA, or in respect of any particular purpose under this Appendix, a suitably qualified person authorised by the Manager, Ship Operations and Qualification for that purpose;
MODU means a mobile off-shore drilling unit as defined in the 1989 MODU Code;
MODU certificate means a MODU Safety Certificate (1979) or a MODU Safety Certificate (1989);
MODU Safety Certificate (1979) means a certificate in the form appearing in the Appendix to the 1979 MODU Code;
MODU Safety Certificate (1989) means a certificate in the form appearing in the Appendix to the 1989 MODU Code;
person in charge means the person who, for the time being, is the person in charge in accordance with Appendix 1;
survey authority means a survey authority approved for the purposes of the Navigation Act;
Note: The following survey authorities are approved:
American Bureau of Shipping Bureau Veritas
Det Norske Veritas Germanischer Lloyd
Lloyd's Register of Shipping Nippon Kaiji Kyokai
surveyor means:
(a) a person appointed as a surveyor under section 190 of the Navigation Act; or
(b) a person employed as a surveyor by a survey authority as defined in the Navigation Act;
the 1979 MODU Code means the Code for the Construction and Equipment of Mobile Offshore Drilling Units, 1979, (IMO Resolution A.414(XI) as amended by MSC/Circ.561); and
the 1989 MODU Code means the Code for the Construction and Equipment of Mobile Offshore Drilling Units, 1989, (IMO Resolution A.649(16) as amended by MSC/Circ.561 and Resolution MSC.38(63)).
1.2 In this Part, unless otherwise provided or unless the context otherwise requires, words and phrases have the same meaning as they have in the 1989 Code.
1.3 A reference in a MODU Code to the Administration is to be read as a reference to the Chief Marine Surveyor, and a power, function or discretion exercisable by the Administration is exercisable by the Chief Marine Surveyor.
1.4 The expression to the satisfaction of the Administration, or any similar expression appearing in a MODU Code, means that the Chief Marine Surveyor may require the fitting, material, appliance, apparatus or arrangement referred to, to meet any relevant requirements specified in Marine Orders or otherwise be demonstrated to be safe and effective for its intended purpose.
1.5 In this Part, the date of construction means the stage of construction of a MODU at which:
(a) construction identifiable with the particular MODU has begun; and
(b) a portion of the MODU, having a mass of not less than:
(i) 50 tonnes; or
(ii) one per cent of the estimated mass of all structural material of the MODU as proposed to be completed,
whichever is the less, has been fabricated and finally assembled.
1.6 A reference to a Regulation of SOLAS in the 1979 MODU Code is to be read as a reference to that Regulation of SOLAS as in force on 1 January 1980.
1.7 A reference to a Regulation of SOLAS in the 1989 MODU Code is to be read as a reference to that Regulation of SOLAS as in force on the date that the MODU was built.
1.8 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.
Note: Copies of IMO Resolutions or other documents referred to in this Part or in the MODU Codes are available from AMSA.
2.1 Purpose
This Part:
(a) for the purpose of section 190B of the Navigation Act, specifies the requirements with which the construction, hull, equipment and machinery of MODUs must comply;
(b) for the purposes of section 283E of the Navigation Act, makes provision for and in relation to giving effect to IMO resolutions with respect to MODUs; and
(c) for the purposes of paragraph 425(1)(db) of the Navigation Act, generally makes provision for the safe navigation and operation of MODUs.
2.2 Application
This Part applies to:
(a) a MODU registered in Australia; and
(b) a MODU registered in a country other than Australia that is operating as an off-shore industry mobile unit under section 8 of the Navigation Act.
Note: Pre 1 July 1986 MODUs are expected to comply substantially with this Part. However, a MODU constructed prior to 1 July 1986 that is unable to comply with a provision or provisions of this Part, will be exempted from compliance with such provision or provisions to the extent that the Chief Marine Surveyor considers compliance unreasonable and impractical, having regard to the MODU, its equipment and its intended operations, subject to such conditions as that officer thinks fit.
3.1 Equivalents
If a provision of a 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 MODU, or particular provision to be made in relation to a MODU or its equipment, 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 code or this Part.
3.2 Exemptions
The Chief Marine Surveyor will, upon written request, if satisfied that compliance with a requirement of a code or other provision of this Part would in a particular case be unreasonable or impracticable, allow exemption in relation to a MODU from compliance with such requirement or provision to such extent and subject to such conditions as that officer determines.
4.1 Application to the Administrative Appeals Tribunal
Application may be made to the Administrative Appeals Tribunal for a review of a decision by the Chief Marine Surveyor:
(a) not to allow a modification or variation under 3.1;
(b) not to allow exemption in relation to a MODU under 3.2;
(c) under 8.7.2, to require an inspection of a MODU prior to a tow, to prohibit a tow or to permit a tow subject to conditions;
(d) to specify a lesser period of validity for a certificate under 9.2.1;
(e) to cancel a certificate under 9.2.3(a);
(f) not to endorse a certificate under 9.3;
(g) relating to the exercise of a discretion under the 1979 MODU Code or the 1989 MODU Code.
4.2 Statements to accompany written notice of decisions
A person making a decision referred to in this Part may give to a person whose interests are affected by the decision a 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;
(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.
4.3 Validity of decisions
Failure to comply with 4.2 in relation to a decision does not affect the validity of that decision.
5 Offences
5.1 Provisions 6.1, 6.2.1, 6.2.2, 6.2.3, 7, 8.1, 8.2.1, 8.2.2, 8.3, 8.4.1, 8.5.1, 8.5.2, 8.5.3, 8.6, 8.7.1, 8.7.3, 8.8.1, 8.8.2, 8.8.3, 8.8.4 and 8.9 are penal provisions.
5.2 Failure to comply with 6.1, 6.2.1, 8.2.1, 8.2.2 or 8.7.3 constitutes an offence by the owner and person-in-charge.
5.3 Failure to comply with 7, 8.3, 8.4.1, 8.5.1 or 8.6 constitutes an offence by the owner.
5.4 Failure to comply with 6.2.2, 6.2.3, 8.1, 8.8.1, 8.8.2, 8.8.3, 8.8.4 or 8.9 constitutes an offence by the person-in-charge.
5.5 Failure to comply with 8.7.1 constitutes an offence by the owner and agent.
5.6 Failure to comply with 8.5.2 or 8.5.3 constitutes an offence by the person concerned.
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 on conviction:
(a) if the offender is a natural personby a fine not exceeding $2,000; or
(b) if the offender is a body corporateby a fine not exceeding $5,000.
By virtue of sections 4AB and 4AA of the Crimes Act 1914, these penalties are now $2,200 and $5,500 respectively.
6 Requirements—survey & certification
6.1 MODU Code certificate
A MODU must not move or be moved from a location unless there is in force:
(a) for a MODU constructed before 1 May 1991—a MODU Certificate (1979); or
(b) for a MODU constructed on or after 1 May 1991—a MODU Certificate (1989).
Note: In circumstances where a MODU may need to move from a location at short notice, the owner should ensure that the appropriate certificate is held at all times.
6.2 Maintenance of condition after survey
6.2.1 Where a surveyor determines that, in any respect, a MODU does not comply with this Part or that the MODU is not fit to be engaged in operations, other than drilling operations, without danger to itself or to persons on board, the owner or the person in charge of the MODU must take the corrective action required by the surveyor.
6.2.2 If the safety of the MODU or persons on board is endangered by the occurrence of an incident referred to in section 268 of the Navigation Act or by any defect, other than in the drilling operations of the MODU, the person in charge must report the accident or defect in accordance with 12 of Marine Orders, Part 31.
6.2.3 Where a MODU, in respect of which there is held a valid MODU certificate, becomes less efficient or seaworthy by reason of any alteration or damage or by reason of any alteration or damage to any fitting, material, appliance or apparatus of the MODU, the person in charge must give notice in accordance with 5 of Marine Orders, Part 31.
7 Requirements—personnel
A MODU must be provided with personnel in accordance with Appendix 1.
8.1 Internal openings
The official log-book entries required by paragraph 3.6.3.2.2 of the 1979 MODU Code and paragraph 3.6.5.2 of the 1989 MODU Code must be made by the person-in-charge.
8.2 Storage of gas cylinders
8.2.1 A cylinder of breathing medium for use in diving operations must be stowed separately from other gas cylinders.
8.2.2 Gas cylinders must be stowed away from accommodation areas, the navigating bridge and the radio room.
8.3 Experienced personnel for emergencies
The owner of a MODU must ensure that there is on board at all operational times, a suitably trained and experienced person well acquainted with the characteristics, capabilities and limitations of the MODU, who is to:
(a) organise appropriate procedures for all possible emergencies;
(b) conduct emergency drills and emergency training in accordance with this Part and to keep records of such drills and training; and
(c) ensure that all safety equipment items carried by the MODU are kept fit and ready for use at all times.
Note: In considering suitable training, the owner should take into account IMO Resolution A.712(17) Recommended Standards of Specialized Training.
8.4 Muster list
8.4.1 The owner of a self-propelled MODU must ensure maintenance of a current muster list, in accordance with 8.4.2:
(a) appropriate to all possible emergencies;
(b) revised as necessary to reflect any procedural changes; and
(c) exhibited in conspicuous positions in the accommodation and various other parts of the MODU, easily visible to all personnel prior to and in an emergency.
8.4.2 The muster list must specify:
(a) the location of the muster station assigned to each person, including special personnel and any other supernumeraries;
(b) the duties of each person, which, so far as practicable, are to be related to the normal duties of that person; and
(c) special duties, if any, assigned to persons in particular locations,
and must describe the General Emergency Alarm Signal, the Prepare to Abandon MODU Signal and the Abandon MODU Signal.
Note: In the case of a MODU to which the 1989 MODU Code applies, the muster list must comply with that Code.
8.5 Drills
8.5.1 The owner of a self-propelled MODU must ensure that:
(a) drills in accordance with 13.1 of Appendix 2 are conducted to simulate the emergency conditions included on the muster list and to demonstrate that appliances are complete, in good working order and ready for immediate use; and
(b) all personnel are adequately instructed to ensure that they are familiar with alarm signals and their muster stations and that they are capable of efficiently performing emergency duties assigned to them.
8.5.2 Personnel required for drill must report to their muster stations and be prepared to perform the duties assigned to them.
8.5.3 Survival craft equipment must be examined frequently by the experienced person referred to in 8.3, who must ensure that it is at all times complete and ready for use.
8.6 Emergency training
The owner must ensure that appropriate emergency training is given to all personnel aboard a MODU.
Note: In considering suitable training, the owner should take into account IMO Resolutions A.538(13) Recommendation on Maritime Safety Training of Personnel on Mobile Offshore Units, and A.852(20) Guidelines for a structure of an integrated system of contingency planning for shipboard emergencies.
8.7 Towage
8.7.1 The owner of a MODU, or agent, must notify the Chief Marine Surveyor of any proposed towage of the MODU in sufficient time to enable any inspection required under this Part to be carried out, including:
(a) details of the intended voyage;
(b) names of towing and escort vessels;
(c) estimated time of departure, estimated time of arrival at destination, and proposed route;
(d) the towing arrangement proposed to be used including, unless towing arrangements are to be in accordance with the operating manual, full details of the proposed arrangements;
(e) the name and qualifications of the person in charge for the tow; and
(f) the name and qualifications of the person, if any, assisting in accordance with 4.3 of Appendix 1.
8.7.2 The Chief Marine Surveyor may require an inspection of a MODU prior to commencement of a tow and may prohibit any tow or permit the tow, subject to such conditions as that officer determines are necessary for safety.
8.7.3 A MODU must not be towed in contravention of a prohibition or a conditional permit by the Chief Marine Surveyor.
8.8 Transfer of material, appliances or personnel
8.8.1 A transfer operation, the mass of the loads to be handled and emergency procedures must be discussed and agreed between personnel on the MODU and on attending vessels prior t
This is an opening excerpt, not the complete document.