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AMSA Outcome 1: Minimising the Risk of Shipping Incidents and Pollution in Australian Waters

Division:
Maritime Safety and Environmental Strategy Division

Output 1.1: Safety and Environmental Protection Standards for Responsible Operations of Ships

AMSA’s Maritime Safety and Environmental Strategy Division delivers this output by:

  • Representing Australia in the International Maritime Organization (IMO) in the development, implementation and enforcement of international standards governing ship safety, navigation, marine environment protection, ship operations, maritime security, crew competency, training and fatigue management.
  • Developing Australia’s maritime regulatory framework based upon these international standards and contemporary safety management systems primarily through the making of subordinate legislation, Marine Orders, under the Commonwealth Navigation Act 1912 and Protection of the Sea (Prevention of Pollution from Ships) Act 1983.
  • Promulgating policy and guidelines for the discharge of the range of powers and functions allocated to AMSA under relevant Commonwealth legislation, particularly relating to ship construction standards, ship survey and safety, crewing, seafarers’ qualifications and welfare, occupational health and safety, carriage and handling of cargoes, passengers and regulation of marine pollution.

Operating Environment 2003-2004

During 2003-2004, AMSA’s delivery of Output 1.1 in relation to ship safety and environmental protection standards was influenced by the following external factors:

AMSA’s Response to the Operating Environment

In response to these external factors in the operating environment, AMSA identified the following objectives and underpinning responses and priority actions to focus its work during 2003-2004 on achievement of the portfolio outcome of a better transport system for Australia.

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Objective 1: A better transport system for Australia by Australia contributing to the development, implementation and enforcement of improved international standards in ship safety and environment protection.
AMSA Response 1.1: AMSA to be actively involved in the IMO and other forums contributing to the development of international standards and measures to encourage flag State implementation and enforcement.

Priority Actions for Resonse 1.1

Actively participate in the IMO’s relevant policy and standard-making bodies

AMSA represented Australia at meetings of the IMO Council and IMO Assembly in November to early December 2003 and the IMO Council meeting in June 2004. The Council is the forty member executive body supervising the IMO’s work between biennial sessions of the IMO Assembly, comprising all its members.

Australia was successful at the IMO Assembly meeting in being re-elected to the IMO Council for a further two years, receiving
99 votes and placed ninth in the member list of 20 Council members elected for Category C to represent major geographic areas. The IMO Assembly formally approved the appointment of Mr E E Mitropoulos of Greece as Secretary General for a four-year period from 1 January 2004, following the retirement of the incumbent, Mr W A O’Neil, from Canada, who had served since 1990.

The IMO Assembly noted progress in implementation of the change management program by the IMO secretariat, in which Australia had played a lead role. Consideration also was given to the provision of internal audit services and Australia provided documentation for updating audit programs, particularly with respect to risk based approaches to targeting the IMO work program.

Develop measures to improve flag State responsibility and accountability and the effectiveness of port State control

The IMO Council and Assembly in December 2003 approved further development of the IMO Member State Audit Scheme under which Member States may volunteer to be audited for compliance with their obligations and responsibilities for implementation of mandatory IMO instruments. While most IMO Members agreed with the principle that the scheme eventually should become mandatory, generally it was considered too premature to be made mandatory when it is not yet in place and final details still are being developed.

Ensure effective application of the ISM Code

The International Safety Management (ISM) Code was promulgated in Chapter IX of the International Convention on Safety of Life at Sea (SOLAS) and became mandatory for all ships on 1 July 2002. It adopts a safety management systems approach that promotes the development of a safety culture both ashore and at sea by all parties concerned with a ship’s operation. Further work continues at the IMO in enhancing the effective application of the Code, including a review of the guidelines for flag administrations. AMSA is taking an active interest in this work.

Implement new requirements under the SOLAS Convention relating to safety of navigation, including effective utilisation of new technology

A number of technological advances are aimed at improving ship safety by assisting safety of navigation and providing better information to ships’ officers about developing hazards and warnings so corrective action can be taken. Amendments to Chapter V of the SOLAS Convention required ships to carry additional navigational equipment, in particular the fitting of the Universal Automatic Identification System (AIS). AIS is a shipboard broadcast system that automatically exchanges ship related information (such as identity, position, course, speed, and ship characteristics) with suitably equipped ships and shore facilities.

The IMO originally agreed to a timetable for staggered implementation depending on the types and size of vessel operating from 1 July 2002 through to 2008. In December 2002, the IMO agreed to advance this timetable requiring all relevant ships to be fitted with AIS not later than the first safety equipment survey after 1 July 2004 or by 31 December 2004, whichever occurred earlier.

AMSA has been active in advising the shipping industry of the new requirements through Marine Notices and amending relevant Marine Orders. AMSA continues to actively participate in the AIS Committee of IALA and influences the development of AIS standards and guidelines. AMSA has also developed and promulgated a policy for the licensing of AIS shore stations in Australia.

Continue to facilitate full implementation of the STCW95 Convention

The International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW 95) entered into full force internationally on 1 February 2002. AMSA continues to be involved in the IMO’s process for the assessment of flag administrations for inclusion on the IMO White List of maritime administrations that are compliant with the STCW 95 requirements.

Improve management of fatigue standards in the maritime industry

Fatigue has been recognised as a major safety risk factor in the maritime industry and attention has been focused at the international and national level on strategies to improve fatigue management. The IMO has dealt with aspects of fatigue management in relevant conventions and other instruments. These include the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW95), which covers work hours, rest periods, crew competency and watchkeeping practices; the International Safety Management (ISM) Code; and various guidelines and recommendations.

AMSA has taken an active role in the IMO’s development of practical guidelines for fatigue management by all parties directly connected with ship safety (including seafarers, ship’s masters and officers, shipowners, operators and managers, naval architects and ship designers, maritime pilots, tugboat personnel, classification societies, port State control inspectors and regulators). The guidelines aim to provide fatigue management strategies for adoption by IMO Member States that reinforce existing provisions addressing fatigue issues in international maritime conventions.

AMSA also is undertaking a number of measures to address fatigue in relation to coastal pilots that are described later in the report.

Progress measures to improve tanker safety

Australia has an ongoing interest in safety-related issues associated with the international shipping community’s response to the loss of the tanker Prestige in November 2002, which caused significant pollution along the Spanish and French Atlantic coasts. Australia supported measures in the IMO in April 2001 to introduce a new global timetable for accelerating the phase-out of single-hulled tankers through amendments to the International Convention for the Prevention of Pollution from Ships (MARPOL). These amendments entered into force on 1 September 2003 and were aimed at eliminating single hulled tankers by 2015 or earlier.

During 2003, IMO was asked to reconsider its timetable in view of the Prestige incident with the aim of removing the bulk of single hulled tonnage by 2010. In December 2003, the IMO agreed to further amendments to the MARPOL Convention that are expected to enter into force on 5 April 2005. These advance the final phase out date for pre-MARPOL built tankers to 2005 from 2007 and for MARPOL tankers and smaller tankers to 2010 from 2015.

AMSA participated actively in IMO discussion of these proposals and considered that the IMO’s conclusion in December 2003 largely met Australia’s main priority for international agreement to measures that improved environmental protection, while ensuring no significant disruption of international trade and oil supplies.

Progress improved safety measures for bulk carriers

AMSA continued to be involved in promoting the IMO’s consideration of improved safety measures for bulk carriers. This included responding to recommendations from the British High Court’s re-examination in 2000 of the loss of Derbyshire, a United Kingdom flagged bulk ore carrier that sank in 1980 during a typhoon off the coast of Japan with the loss of 44 lives. Recent work has involved consideration of the outcomes of a formal safety assessment of bulk carriers. The results of this assessment have focused on hatch cover strength, permissible freeboard, water-tight integrity of ship weather decks, structural integrity, life-saving appliances, and banning alternate hold loading of bulk carriers. A further measure was subsequently adopted requiring the provision of permanent means of access for the conduct of inspection and survey of ship’s structure on new oil tankers and bulk carriers. This measure was amended by IMO in June 2004, prior to its entry into force, to significantly improve the practicability and effectiveness of the resulting shipboard arrangements.

Strengthen maritime security measures for ships and crews in cooperation with the Department of Transport and Regional Services

A major focus for the IMO during 2003-2004 continued to be on implementation of measures relating to the security of ships and port facilities following the terrorist attacks in the United States in September 2001. The IMO’s work focused on giving effect to the extensive amendments to the SOLAS convention and the International Ship and Port Facility Security (ISPS) Code promulgated in December 2002. The primary objective of the Code is to establish an international framework involving cooperation between governments, port authorities and shipping to detect, assess and act upon security threats to shipping and port infrastructure.
AMSA provided operational and technical advice to senior officers of the Department of Transport and Regional Services who attended IMO meetings considering issues involved with the implementation of the international transport security measures.

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AMSA response 1.2: AMSA to participate in the IMO’s implementation of safety standards specifically addressing shipping issues of interest to Australia

Priority Actions for Resonse 1.2

Progress the review of large passenger ship safety

The IMO’s work on reviewing safety measures for large passenger ships continued during 2003-2004. AMSA chaired a working group that established appropriate thresholds and timeframes for large passenger ship casualties related to fire, flooding, abandon ship and search and rescue.

Implementation of the High Speed Craft Code

In recognition of the dominant position of Australia in building high-speed craft, AMSA has been active at IMO in progressing improvements and necessary amendments to the 2000 High Speed Craft Code and its predecessor codes. In January 2004, the IMO commenced a periodic review of these codes, scheduled to continue over the next two years, in which AMSA is taking an active role.

Progress guidelines for Wing-in-Ground effect craft

Following the recent completion by IMO of design and construction guidelines for these craft, AMSA has been involved during 2003-2004 in contributing to the IMO’s development of appropriate standards for the training and certification of officers operating these craft.

Adopt the new Bulk Cargoes Code

The IMO continues the revision of the Code of Practice for the Safe Loading and Unloading of Bulk Cargoes. AMSA has actively participated in the review process, which is particularly important to Australia because of our economic reliance on the safe and efficient carriage of bulk exports. The IMO also is giving consideration to mandating this code internationally.

Contributing to safety and environmental aspects in relation to the control of illegal unreported and unregulated fishing

The IMO has been cooperating with the United Nation’s Food and Agriculture Organisation (FAO) on measures to address the safety and environmental aspects of illegal, unreported and unregulated fishing. AMSA, working in conjunction with the Australian Department of Agriculture, Fisheries and Forestry (DAFF), has promoted consideration of these issues in relevant IMO committees. DAFF and AMSA were instrumental in the formation of the joint IMO/FAO working party on illegal fishing. AMSA continues to have an interest in the flag State compliance and potential port State control issues involved with ensuring larger foreign flag fishing vessels are meeting international ship safety and pollution prevention standards established through IMO Conventions and other international agreements.

Progress specific regulatory standards for Floating Production, Storage and Offloading (FPSO) units and Floating Storage Units (FSU) in the offshore industry where applicable

In July 2003, the IMO approved guidelines for the standardised application of MARPOL Annex I, Prevention of Pollution by Oil, to Floating Production, Storage and Offloading facilities (FPSOs) and Floating Storage Units (FSUs) that are used for the offshore production and storage or for offshore storage of produced oil. AMSA took a lead role in coordinating development of the guidelines, which required consideration of complex issues involved in applying the MARPOL requirements to FPSOs and FSUs, whose arrangements, functions and operations fall under the over-riding control of coastal States.

When FPSOs and FSUs are in operation as a form of floating platform, the IMO determined that they do not transport oil and therefore do not lie within the definition of oil tanker under MARPOL. However, if the FPSO or FSU can disconnect and undertake a voyage, such as for drydocking, repair or maintenance or in extreme environmental or emergency conditions (for instance, during a cyclone), it is required to comply with the discharge provisions of MARPOL Annex I for oil tankers.

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AMSA Response 1.3: AMSA to be actively involved in the IMO and other forums in addressing issues and ongoing development of measures relating to protection of the marine environment.

Priority Actions for Response 1.3

Progress development of controls over greenhouse gas emissions from ships

The IMO Assembly in December 2003 adopted a resolution on IMO policies and practices related to the reduction of greenhouse gas emissions from ships. AMSA contributed to the development of the final resolution and is participating in the IMO working group established to develop strategies to further address the development of controls over greenhouse gas emissions from ships

Establish the Protocol to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage 1992 (Supplementary Fund)

AMSA contributed to the development of the Protocol on the Establishment of a Supplementary Fund for Compensation for Oil Pollution Damage agreed at an IMO Diplomatic Conference in May 2003. The aim of the Protocol is ensure full compensation is available to victims of oil pollution damage from tankers where the total amount payable under the existing compensation regime is insufficient.
The Protocol will enter into force three months after at least eight States, which have received a combined total of 450 million tons of contributing oil in a calendar year, have signed it. It is expected that this may take place by the end of 2004. AMSA was involved with the Department of Transport and Regional Services in consultations with the States/Northern Territory that gained agreement through the Australian Transport Council for Australia to become a party to the Protocol. AMSA also is involved in consultations and processes required for Australia to become a party to the Protocol and amend existing domestic legislation for its implementation.

Provide advice on ship safety aspects involved with the development of the convention for the control and management of ships’ ballast water

An IMO Diplomatic Conference in February 2004 adopted a new international convention to address problems associated with the transfer of harmful aquatic organisms in ships’ ballast water. AMSA attended the conference and had taken an active interest in developing the text of the final instrument, which seeks to balance the interests of the shipping industry with optimal environmental outcomes.

The Convention will enter into force twelve months after signature by thirty states with combined merchant fleets constituting 35 per cent of world merchant shipping gross tonnage. AMSA is involved with the Australian Departments of Agriculture, Fisheries and Forestry and Transport and Regional Services in the development of Australian legislation and procedures to implement the convention, which is expected to occur in 2005.

Encourage the development of international guidelines on places of refuge for damaged and disabled ships

The IMO adopted the new guidelines on places of refuge for damaged and disabled ships at the IMO Assembly meeting in December 2003. The need for such guidelines was in response to recent European shipping incidents involving the damaged petrol tanker Castor in the Mediterranean Sea in 2001 and the sinking of the oil tanker Prestige off Spain’s Atlantic coast in November 2002. These incidents highlighted the increased risk to the environment if damaged and disabled ships are refused access to a suitable sheltered place of refuge. AMSA was actively involved in the IMO’s consideration of the balance of interests required to gain agreement to the new guidelines recognising the needs of ship operators and the concerns of coastal States to protect the environment of their coasts and waters.

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Objective 2: A better transport system for Australia by Australia having a regulatory framework of ship safety and environment protection standards consistent with international treaties and contemporary safety management systems.
AMSA’s response 2.1: AMSA to expeditiously adopt new international safety and environment protection standards into the Australian regulatory framework and enhance its responsiveness to emerging ship safety and pollution prevention issues, both internationally and nationally.

Priority Actions for Respone 2.1

Implement IMO instruments relating to environment protection and pollution compensation

Australia signed the International Convention on the Control of Harmful Anti-fouling Systems on Ships 2001, subject to ratification, on 19 August 2002. Australia also signed the International Convention on Civil Liability for Bunker Oil Pollution Damage 2001, subject to ratification, on 23 September 2002. Australia’s involvement in the development of the Bunkers Convention fulfilled a commitment in the Government’s Oceans Policy.

AMSA is working with the Department of Transport and Regional Services in progressing Australian legislation in 2004 to implement both Conventions so they can be applied as soon as their international entry into force is achieved.

Annex IV, Prevention of Pollution by Sewage, of the MARPOL Convention entered into force internationally on 27 September 2003. It was passed into national law on commencement of the Maritime Legislation Amendment (Prevention of Pollution from Ships) Act 2003 on 27 May 2004. This coincided with the date on which the Annex entered into force for Australia following Australian accession in February 2004. AMSA will have additional responsibilities in the implementation of the Annex in providing for the issue of certificates and port State control functions.

The IMO adopted Annex VI, Prevention of Air Pollution from Ships, as a Protocol to the MARPOL Convention in 1997. Annex VI will enter into force internationally on 19 March 2005. In November 2002, the Australian Transport Council endorsed Australia’s adoption of Annex VI and AMSA is working with the Department of Transport and Regional Services on draft legislation to implement the Annex in national law. The Annex, which sets limits on emissions of certain air polluting substances from ship engines, includes survey and certification requirements that will require attention by AMSA in port State control ship inspections when it comes into force for Australia.

AMSA continues to work actively at the IMO to ensure that existing IMO environment conventions reflect emerging technology and greater expectations for protection of the marine environment. The key components of the MARPOL 73/78 Convention, Annexes I (oil) and II (noxious liquid substances), are undergoing a major revision, expected to be completed by the end of 2004. Australia successfully proposed amendments to Annex V of MARPOL 73/78 (garbage) to provide greater clarity and consistency in dealing with discharges of cargo residues. Australia also introduced proposals to examine and update the accepted rate of sewage discharge under Annex IV of MARPOL 73/78.

Update the national regulatory framework, with a focus on:

During 2003-2004, AMSA reviewed and promulgated thirteen new and amended Marine Orders implementing enhanced standards that are summarised in AMSA’s Regulatory Plan in the appendices to this report.

These Marine Orders updated international standards for the prevention of collisions, the loading, stowing, carriage, and unloading of solid bulk cargoes, the carriage of dangerous goods, the stowing and securing of cargo, lifesaving appliances, safety of navigation, construction and additional safety measures for bulk carriers.

A new Marine Order was developed to give effect to new IMO regulations under Annex IV, Prevention of Pollution by Sewage, of the MARPOL Convention setting out requirements of survey and certification, sewage treatment or holding on board, and circumstances in which discharge into the sea may be allowed. Annex IV entered into force for Australia on 27 May 2004.

Marine Orders also promulgate national standards. Amendment to Part 43 of Marine Orders, Cargo and Cargo Handling – Livestock, which prescribes conditions for stowage and carriage of livestock by ship. The amendment introduced provisions consistent with the requirements of Annex IV of MARPOL for the prevention of pollution by animal effluent from livestock carriers.

AMSA continues to work with the shipping industry in addressing issues arising from the new standards that came into full force on 1 February 2002 under the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW 95). AMSA is undertaking a major revision of Marine Orders Part 3, Seagoing Qualifications, to incorporate the full implementation of STCW, whilst continuing to ensure that existing qualifications standards are maintained. A revised draft Marine Order was distributed widely to stakeholders for comment in November 2003 and a number of submissions were received from interested parties. AMSA continued to conduct consultations with a number of interests, which resulted in the new Marine Order coming into effect in September 2004.

AMSA provides technical and operational advice to the Department of Transport and Regional Services on the practical implementation of the new international maritime security standards established by the IMO through amendments to the SOLAS Convention and the International Ship and Port Security (ISPS) Code, which came into force from 1 July 2004. These standards were enacted into national law in December 2003 by the Maritime Transport Security Act 2003, which is administered by the Department.

AMSA provided technical and operational advice to the Department during consideration by the IMO of the amendments to the SOLAS Convention and promulgation of ISPS Code. AMSA has an ongoing involvement in the IMO regarding implementation and enforcement of the new security measures.

AMSA also provided comment to the Department on the draft Maritime Transport Security Bill and related regulations implementing the ISPS Code. Marine Notices were issued to advise the shipping industry of the requirements of the SOLAS Convention amendments and the ISPS Code and to inform about the enactment of the Maritime Transport Security Act, and new requirements in relation to passport and identity documents for seafarers on foreign ships visiting Australia.

A senior AMSA manager was seconded to work in the Department’s Office of Transport Security (OTS) in 2004 and four AMSA marine surveyors were made available on a part time basis at major ports to assist OTS staff with ship security inspections. All AMSA’s marine surveyors were appointed by the Department as Duly Authorised Officers (DAOs) under the Maritime Transport Security Act to determine compliance of security documentation when conducting port State control inspections from 1 July 2004.

AMSA provided the Department with access to AMSA’s ship inspection database to assist with its security profiling. In March 2004, a maritime security exercise, Exercise Mercury 04, was conducted on a national basis, to test counter-terrorism responses involving a range of transport scenarios. AMSA provided advice and information to the Department in relation to the exercise and was involved in issuing notional broadcasts to shipping, preparation for oil spill and search and rescue responses in consultation with Emergency Management Australia and provision of advice from the ship reporting system on vessels in the exercise area.

A Memorandum of Understanding between AMSA and the Department has been developed to cover ongoing operational relationships under the new maritime security regime. It addresses port State control activity, emergency communications, vessel tracking, information sharing and consultation arrangements.

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Objective 3: A better transport system for Australia by Australia providing the highest level of protection from shipping activities for the Great Barrier Reef and Torres Strait to the extent possible under international law and maritime conventions.
AMSA’s response 3.1: AMSA to actively contribute to the response to government policies and recommendations of relevant reviews and inquiries in relation to the Great Barrier Reef and Torres Strait.

Priority Actions for Response 3.1

Implement relevant recommendations of the 2001 Review of the Great Barrier Reef Ship Safety and Pollution Prevention Measures, in particular:

AMSA has undertaken a number of measures to promote shipping industry and public awareness of the special measures operating in the Great Barrier Reef and Torres Strait to promote ship safety and environment protection, including:

– AMSA and Maritime Safety Queensland (MSQ) collaborate in the production of the Reef Guide handbook, which is a concise reference for safe navigation practice and pollution prevention for all mariners operating in the Great Barrier Reef and Torres Strait region. The handbook includes a separate section on pilotage requirements. Following review and reissue of Reef Guide in May 2003, AMSA is consulting with MSQ and stakeholder interests on a further revision of the handbook to be released in October 2004. This aims to take account of recent developments, particularly the Great Barrier Reef Marine Park Zoning Plan that came into force on 1 July 2004.

– In May 2004, AMSA issued a Marine Notice to advise mariners about Designated Shipping Areas applying to certain vessels under the Great Barrier Reef Marine Park Zoning Plan 2003. These vessels are required to navigate within the limits of the Designated Shipping Areas or the General Use Zones of the Marine Park except in an emergency or other designated circumstances.

– AMSA provided significant input to the Australian Hydrographic Service in its development of a new Australian Mariners Handbook.This will include relevant information about the Great Barrier Reef and Torres Strait, including designated Marine Environment High Risk Areas (MEHRAs), and pilotage requirements. It is expected to be released by the end of 2004.

AMSA continued to progress the joint submission by Australia and Papua New Guinea made in 2003 to the IMO to extend recognition to the Torres Strait as a Particularly Sensitive Sea Area (PSSA) and endorsement of two associated protective measures. The IMO Marine Environment Protection Committee in July 2003 agreed to provisional designation of Torres Strait as a PSSA. The IMO also approved the associated protective measure of introducing a two-way shipping route through Torres Strait, which has now been implemented.

The other associated protective measure, to upgrade the IMO’s existing recommended pilotage requirement to compulsory pilotage through Torres Strait, was considered by the meeting of the IMO’s Safety of Navigation Sub-Committee held in early July 2004. It decided to recommend that legal issues associated with the measure be referred to the next meeting of the IMO’s Legal Committee to be held in October 2004. Operational issues, taking into account the views of the Legal Committee, are to be considered by the IMO’s Maritime Safety Committee in December 2004. The aim is to have the proposal adopted by mid 2005, if there is agreement to proceed.

The Department of Foreign Affairs and Trade has undertaken extensive diplomatic action to seek support from individual IMO Member States for the compulsory pilotage measure being adopted by the IMO. AMSA also has undertaken an awareness campaign amongst IMO delegates of the environmental sensitivity and navigationally hazardous nature of the waters of the Torres Strait to promote adoption of the compulsory pilotage measure.

The general issue of emergency towage capacity to respond to a damaged or disabled ship in Australian waters, particularly the sensitive marine environments in the Great Barrier Reef and Torres Strait, has been under consideration by the Australian Maritime Group (AMG). In August 2003, the AMG established a working group, including AMSA, to investigate and develop strategies to address issues involved with maintaining an appropriate national level of emergency towage capacity.

On 28 January 2004, the Minister for Transport and Regional Services announced that a reference had been given to by the House of Representatives Standing Committee on Transport and Regional Services (the Neville Committee) to conduct an inquiry into maritime salvage in Australian waters. The terms of reference asked the Committee to investigate the impact of the 2002 Productivity Commission Report on Economic Regulation of Harbour Towage and Related Services in respect to the nation’s ongoing capacity to provide a defined level of salvage capabilities and cover for all Australian waters. AMSA assisted with operational and technical advice to the Department of Transport and Regional Services in its development of a joint submission to the inquiry. The Committee presented its report to Parliament on 21 June 2004, which contained a number of recommendations that are currently being considered by the Government.

AMSA continues to work with the Department through the AMG Working Group in consideration of the issues identified in the Parliamentary Committee report and in developing the Government’s response to the report.

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Objective 4: A better transport system for Australia by Australia having a more coordinated regulatory framework for shipping and environment protection between the Commonwealth, States and Territories.
AMSA’s response 4.1: AMSA to actively contribute to regulatory and administrative developments required to implement the Commonwealth’s ship safety jurisdiction in cooperation with other Commonwealth agencies and the States and Territories.

Priority Actions for Response 4.1

Participate in the National Marine Safety Committee with State and Territory marine administrations to develop and implement the National Standard for Commercial Vessels and associated framework to provide for nationally consistent marine safety administration between jurisdictions

AMSA is an active member of the National Marine Safety Committee (NMSC), which comprises the heads of State and Territory maritime safety agencies as well as AMSA. On 1 February 2004, the NMSC was incorporated as an association in New South Wales and AMSA was appointed as an inaugural member. AMSA continued to contribute to the development of the different parts of the National Standard for Commercial Vessels (NSCV) and the National Standard for the Administration of Marine Safety. These aim to harmonise ship safety standards and ship surveys across all Australian jurisdictions for smaller commercial vessels not covered by the Commonwealth Navigation Act 1912. It comprises various parts covering the principal technical standards for smaller commercial vessels in relation to their design, construction, crewing and operation.

Cooperate with the NMSC, and other interested agencies (eg the Australian Transport Safety Bureau (ATSB) and the Australian Seafood Industry Council (ASIC)) in promoting fishing boat safety, particularly in relation to avoiding collisions between fishing vessels and merchant ships in Australian waters

While regulation of fishing vessels is primarily a responsibility of the States and Northern Territory, AMSA has sought to work with State and Territory marine administrations on safety promotion activities through the NMSC and AMG. This work builds on earlier initiatives taken in cooperation with the ASIC and ATSB to improve awareness within both the shipping and fishing industries of the requirements of the International Regulations for Preventing Collisions at Sea (COLREGS) to reduce the incidence of collisions between merchant ships and fishing vessels. AMSA also has undertaken awareness campaigns targeting the fishing industry about the use of satellite distress beacons and the importance of trip planning, including maintaining up-to-date awareness of weather forecasts, regular reporting ashore of vessel location, and effective stowage and use of safety equipment.

Monitor ship safety and pollution prevention aspects of the Australian Government’s Oceans Policy

The National Oceans Office (NOO) launched the first draft Regional Marine Plan for the south-east region in July 2003 under the auspices of Australia’s Oceans Policy and work has commenced on the second plan for the northern region, including Torres Strait. AMSA provided comments on various papers prepared by NOO in the course of developing the plans and seeks to identify areas where the regional planning process can support and enhance AMSA’s environment protection functions. AMSA also has provided technical and operational shipping information and advice about international ship safety and environmental standards at workshops and other meetings convened by NOO.

Participate in the Australian Maritime Group’s consideration of ship safety and marine environment protection issues

AMSA is a member of the Australian Maritime Group comprising heads of the marine section of the Australian, State and Territory Departments with transport responsibilities and heads of maritime safety agencies. Major issues considered during 2003-2004 of interest to AMSA included: implementation into State and Territory legislation of IMO environment protection standards, in particular Annex IV of MARPOL regulating ships’ effluent, measures to counter the introduction of marine pests, examination of national salvage and emergency towage capacity, and action in response to the phasing out of satellite processing of 121.5 MHz distress beacons.

Improve effectiveness and efficiency in the delivery of occupational health and safety services to the shipping industry through cooperation with, and participation in, the Seafarers Safety, Rehabilitation and Compensation Authority (Seacare)

AMSA continued to work closely with the Seacare Authority in carrying out the inspectorate functions under the Occupational Health and Safety (Maritime Industry) Act 1993. During 2003-2004, AMSA received 71 occupational health and safety incident reports and notification of 7 dangerous occurrences. AMSA Occupational Health and Safety Inspectors issued no prohibition notices. There were 7 investigations into incidents and dangerous occurrences.

The number of reported incidents represents a slight increase over the number for 2002-2003 but overall the trend since the introduction of the Act continues downward. AMSA continued to provide advice to the Seacare Authority secretariat throughout the year on a wide range of issues.

Participate in the development and implementation of international and Commonwealth/State and Territory maritime transport security arrangements by providing technical and operational advice

AMSA attended meetings organised by the Department of Transport and Regional Services with State and Territory Government officials to discuss issues involved in the development and implementation of maritime security arrangements. AMSA’s role was to provide technical and operational advice on shipping security matters.

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PERFORMANCE REVIEW 2003-2004

Output Group 1: Ship Operations Safety and Marine Environment Protection Program

Output 1.1: Safety and environmental protection standards for the responsible operation of ships

AMSA provides a regulatory framework of safety and environmental protection standards for Australia consistent with international treaties and contemporary safety management systems.

Strategy: Maintain an appropriate Australian regulatory framework and operational standards for maritime safety and marine environment protection.
Measure Performance 2003-2004
Currency and relevance of the Australian regulatory framework (Quality)
Target: 100% current and relevant
[Australia is a party to nearly all of IMO’s international conventions regulating shipping. AMSA is responsible for implementing changes to Australia’s regulatory framework flowing from improved international standards in these conventions. AMSA promulgates subordinate legislation, Marine Orders, under the Navigation Act 1912 and Protection of the Sea (Pollution from Ships) Act 1983 that implements technical and operational details involved with international and national standards.]
 During 2003-2004, the currency and relevance of the regulatory framework was maintained by the reissue/amendment of 13 Marine Orders:
• Ten Marine Orders were reissued/
amended giving effect to changed
international standards.
• One Marine Order was reissued/ amended
giving effect to national standards.
• Two Marine Orders were issued making
minor amendments to existing Marine Orders
Proportion of accepted recommendations actioned coming from audit/incident investigation of Australian flagged vessels. (Quality)
Target: 100% of recommendations actioned and reducing trend in number of non-conformance notices issued after ISM audit.
[Following a shipping incident, agencies involved in the response conduct a debrief and/or AMSA may conduct an investigation from which recommendations are made to improve the regulatory framework in future.
AMSA also conducts audits of compliance with the ISM Code by Australian flagged ships. This measure records the proportion of relevant incident recommendations actioned by AMSA and the number of non-conformance notices issued by AMSA from all ISM audits.] 		During 2003-2004, there were 4 incident investigations, but no recommendations resulted that were relevant to AMSA operations.
During 2003-2004, there were 57 ISM audits undertaken and 102 non-conformance notices issued compared to 76 notices from 62 audits in 2002-2003 and 42 notices from 34 audits in 2001-2002.
Number of changes to Australia’s regulatory framework flowing from new international standards (Quantity)
Target: All relevant international standards implemented
 During 2003-2004, ten Marine Orders were amended to reflect changes to international standards.

Cost to provide the regulatory framework (Price)
Target: 2003-2004 estimates: $4.156 million
 During 2003-2004, the cost of providing the regulatory framework was $3.757 Million.
Strategy: Promoting a safety culture in the maritime industry by influencing industry attitudes, behaviours and business practices
Improvement in the standard of foreign flagged ships operating in Australian waters (Quality)
Target: Reducing trend in:
• Port State control detention rate over time
• Port State control deficiencies detected
over time
• Number of incident reports received by
AMSA under section 268 of the
Navigation Act 1912.
[AMSA undertakes a port State control inspection program in line with international conventions, which allow for the inspection of foreign flagged ships visiting Australian ports. If ships fail to comply with convention requirements, they may be detained until restored to a safe and seaworthy condition.]		 During 2003, the detention rate was 6.7% compared to the past detention rates (in calendar years):
2002: 5.8% 2001: 4.4%
2000: 4.3% 1999: 5.3%
1998: 6.8% 1997: 6.5%
[The continued rise in detention rate reflects results from AMSA’s increased port State control inspection of high risk vessels and focused and concentrated inspection program.]
During 2003, a total of 6,841 deficiencies were detected compared to past rates (in calendar years):
2002: 7,460 2001: 8,818
2000: 9,609 1999: 10,681
1998: 12,558 1997: 13,334
During 2003-2004, the number of incident reports under the Navigation Act 1912 totalled 890 compared to 335 in 2002-03 and 315 in 2001-02.
[The higher trend in incident reports was influenced by the success of measures to improve compliance with reporting requirements by the shipping industry.]
Cost of promoting a safety culture in the
maritime industry (Price)
Target: 2003-2004 estimates: $1.223 million 		During 2003-2004, the cost was $1.189 million.
Strategy: Participation and influence in international and regional maritime forums and partnerships
Proportion of significant Australian issues identified that are resolved or addressed to Australia’s satisfaction (Quality)
Target: 100%		 During 2003-2004, there was 100% achievement, with eight issues
identified by Australia that were satisfactorily resolved or addressed:
• Provisional endorsement of Torres Strait PSSA
• Adoption of amendments to Annex V of MARPOL
• Adoption of terms of reference for the new Oil Pollution Response
Convention working group
• Phase out of single hull tankers
• Development of discharge standards for Annex IV of MARPOL.
• Adoption of Guidelines for application of MARPOL Annex I to FPSOs/FSUs
• Adoption of improved requirements for permanent means of access to oil
tankers and bulk carriers
• Commencement of review of 2000 HSC Code and its predecessor codes.
Attendances at international and regional maritime forums and partnerships meetings identified as appropriate and relevant to Australia’s interests. (Quantity)
Target: Selected attendances in accordance with meetings scheduled for 2003-2004: 100%		 During 2003-2004, AMSA attended 22 meetings, which represented 62% of all IMO meetings scheduled and 100% of the meetings identified as appropriate and relevant.
Cost of participation in international and regional maritime forums and partnerships meetings (Price)
Target: 2003-2004 estimates: $1.005 million
 During 2003-2004, the cost of participation was $1.439 million.

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Role of AMSA | Highlights 2003-2004 | Chairman's Report | Board Members | Corporate Structure | Financial Snapshot and Performance Summary | Overview of Financial Performance 2003-2004 |  Outcomes and Outputs Chart 2003-2004 | Activities in 2003-2004 Output 1.1 | Activities in 2003-2004 Output 1.2 | Activities in 2003-2004 Output 1.3 | Activities in 2003-2004 Output 1.4 | Activities in 2003-2004 Output 2.1 | Corporate Services | Shipping Registration | Staffing Reports | Report of Operations | Financial Statements | Appendices | AMSA Regulatory Plan 2003-2004 | AMSA Information/Offices | Compliance Index | Glossary | Index

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last updated: May 2005