Outcome 1
- Safety and Environmental Protection Standards
- Monitoring Compliance with Standards
- Response to Marine Pollution Incidents
- Systems to Aid Safe Navigation
Outcome 2
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Contribution to International Maritime Organization (IMO) Issues
Major Activities 2002-2003
AMSA represented Australia at meetings of the IMO Council in November 2002 and June 2003. The Council is the forty member executive body supervising the IMO's work between biennial sessions of the IMO Assembly, comprising all its members. Major issues considered by the Council meetings included: election of a new IMO Secretary-General, development of the IMO model audit scheme for improved implementation of IMO conventions, and further organisational reform within the IMO secretariat, with approval of a new information technology system, planning and budgeting measures.
Ship Safety Issues
AMSA continued to actively contribute to the IMO's consideration of major ship safety issues of concern to Australia, or having the potential to affect Australian interests, including:
Responding to recent European shipping incidents involving the damaged petrol tanker Castor in the Mediterranean Sea in 2000 and the sinking of the oil tanker Prestige off Spain's Atlantic coast in November 2002. These incidents highlighted the complex issues involved with damaged and disabled ships finding a suitable sheltered place of refuge. AMSA has been active in the IMO's consideration of the balance of interests between shipping operators and coastal States in the development of draft guidelines for places of refuge. The IMO aims to have the new guidelines adopted by its next Assembly in December 2003.
AMSA continues 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. These focused on hatch cover strength, permissible freeboard, water-tight integrity of ship weather decks, structural integrity, life-saving appliances and a possible ban on alternate hold loading of bulk carriers. In particular, new bulk carriers will be required to be built in future with double side-skins.
A comprehensive revision of the technical regulations of the original 1966 International Convention on Load Lines, which has resulted in a revised Annex to the 1988 Load Lines Protocol.
AMSA also contributed to the IMO's agreement to develop a voluntary Model Audit Scheme aimed at promoting the assessment of Member States' effectiveness in implementing and enforcing relevant IMO Conventions. AMSA has encouraged the IMO to specify clear objectives and principles underpinning the scheme.
The major effort of the IMO during this period was the continuing development of measures relating to the security of ships and port facilities following terrorist attacks in the United States in September 2001. This culminated in a successful diplomatic conference in December 2002 that made extensive amendments to the International Convention on Safety of Life at Sea (SOLAS), including adoption of the International Ship and Port Facility Security (ISPS) Code. 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 was involved with providing technical and operational advice on proposed maritime security standards.
The IMO continued to consider the treatment of persons rescued at sea. This reflected issues raised by large groups of suspected illegal migrants being intercepted at sea by commercial shipping. The IMO has developed and approved draft amendments to the SOLAS convention and the International Convention on Maritime Search and Rescue 1979.
Australia had an 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. IMO discussion of these proposals is based on the accelerated phase-out of single-hull oil tankers. Australia's main priority is for an agreed international package of measures that improves environmental protection, but which can be implemented without significant disruption of international oil supplies.
Continuing its response to the ongoing high incidence and severity of accidents during lifeboat drills, AMSA played a leading role in the development of proposed SOLAS amendments and guidelines on the maintenance and inspection of lifeboats, their launching appliances and associated equipment.
Australia led the on-going development by IMO of measures to address the incidence of accidents with ships anchoring, towing and mooring equipment, including towing/mooring lines, through the development of provisions in the SOLAS Convention to cover this equipment for the first time.
An Australian-led initiative to develop specific requirements for the application of Annex I, Prevention of Pollution by Oil, of the MARPOL Convention to floating oil production and storage platforms and floating storage units (FPSOs and FSUs) has been adopted by the IMO.
IMO adopted amendments to the enhanced program of surveys of oil tankers and bulk carriers to be brought into effect under the SOLAS Convention, which also was amended to improve some aspects of navigational safety.
Improved Seafarer Training and Certification Standards
The International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended in 1995 (STCW 95) came into full force internationally on 1 February 2002, with AMSA continuing to work with the industry in addressing issues arising from its new standards. AMSA has updated its procedures and publications in recognition of the new convention and 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.
AMSA has worked with the National Marine Safety Committee (NMSC) on the development of the National Standard for Commercial Vessels (NSCV) Part D, Crew Competencies, with the aim of ensuring State and Territory issued certificates align with STCW requirements.
Working with the Russian Federation, AMSA successfully proposed the development of IMO requirements for officer training for wing-in-ground effect (WIG) craft. AMSA's initial technical submission on the subject was accepted by the IMO.
Environment Protection
Australia is an active member of the IMO's Marine Environment Protection Committee (MEPC), which met in October 2002 and July 2003. Key issues for Australia included:
- consideration by the July 2003 meeting of a joint submission by Australia and Papua New Guinea seeking the IMO's declaration of Torres Strait, which separates the two countries, as a Particularly Sensitive Sea Area (PSSA). The submission also sought IMO approval of two associated protective measures involving replacement of the current recommended pilotage regime with compulsory pilotage for ships transiting Torres Strait and introduction of a two-way shipping route. AMSA developed the submission, which involved an extensive consultative process with other government departments and agencies, the shipping industry and other interests to ensure their support for its objectives and content. MEPC formally agreed to the provisional designation of the Torres Strait as a PSSA and referred the compulsory pilotage protective measure for further consideration by the relevant IMO subcommittee;
- development of an IMO strategy to address greenhouse gas emissions from ships, with a view to adoption by the IMO Assembly in late 2003;
- ongoing work in developing a new convention to address problems associated with the transfer of harmful aquatic organisms in ships' ballast water, with a view to adoption of a final text at an IMO Diplomatic Conference in 2004;
- development of technical guidelines to support the International Convention on the Control of Harmful Anti-fouling Systems on Ships 2001, likely to enter into force internationally within the next few years; and
- agreement to establish a permanent IMO technical group to address the
ongoing implementation of the International Convention on Oil Pollution
Preparedness, Response and
Co-operation 1990.
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. It is expected that Australian legislation implementing both Conventions in national law will be progressed in 2004, with the aim of enabling Australia to apply both Conventions as soon as international entry into force is achieved.
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 to supplement the compensation available
under the 1992 Civil Liability and Fund Convention with an additional,
third tier of compensation. The total amount of compensation payable for
any one incident will be limited to a combined total of $A1.5 billion,
including the amount of compensation paid under the existing Civil Liability
and Fund Conventions.
National Regulatory Framework
There were two major legislative changes progressed during 2002-2003 to which AMSA contributed:
- Maritime Legislation Amendment Act 2003 amended marine pollution legislation to reflect the increase in limits of compensation set out in the Civil Liability Convention and Fund Convention, which will come into force on 1 November 2003; and
- Maritime Legislation Amendment (Prevention of Pollution from Ships) Act 2003 gave effect to the Regulations for the Prevention of Pollution by Sewage from Ships set out in Annex IV of the MARPOL Convention.
During 2002-2003, AMSA reviewed and promulgated a number of 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 administrative procedures and prescribed requirements for health and safety related matters. They included delegation of tonnage measurement functions to recognized survey authorities, and extended the scope of ship inspections to include mooring arrangements and sewage treatment plants.
Marine Orders were amended to give effect to new IMO regulations under Annex II, Control of Pollution by Noxious Liquid Substances, of the MARPOL Convention requiring ships of 150 gross tonnage and above certified to carry noxious liquid substances in bulk to carry a shipboard marine pollution emergency plan for noxious liquid substances.
Marine Orders also promulgate national standards. A new Part 62 of Marine Orders, Commonwealth Ships, was promulgated applying to Commonwealth ships that come under the jurisdiction of the Navigation Act 1912.
AMSA continued to contribute to the work of the National Marine Safety Committee during 2002-2003 developing the different parts of the National Standard for Commercial Vessels. This aims to harmonise ship safety standards 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.
Review of the Great Barrier Reef Ship Safety and Pollution Prevention Measures
In July 2002, the Minister for Transport and Regional Services established the Great Barrier Reef and Torres Strait Shipping Management Group to oversee implementation of the recommendations of the Review of Great Barrier Reef Ship Safety and Pollution Prevention Measures. The Group comprises the Department of Infrastructure, Transport, Regional Development and Local Government - Infrastructure (Chair), AMSA, the Great Barrier Reef Marine Park Authority and Maritime Safety Queensland. AMSA is providing the secretariat service for the Group, which has since met on six occasions.
The initial focus of the Group's work has been on progressing two major recommendations of the Review for development of a Shipping Impact Study and a Shipping Management Plan. The Study aims to provide a broad understanding of shipping's economic, environmental, and social impacts while the Plan aims to establish broad strategic objectives and policy parameters to guide management agencies. It is intended that the Plan will be reviewed and updated regularly to accord with changed circumstances.
AMSA contributed to the Group's extensive consultative process to gain feedback and comments on the draft Plan and Study. This involved distribution of the draft documents to over 150 stakeholders, conducting consultative meetings in Cairns, Townsville, Brisbane, Sydney and Thursday Island in the Torres Strait, consideration of stakeholder submissions and integration of relevant comments into the final documents which were presented to Ministers with the Group's July 2003 progress report.
AMSA has been involved in implementing Review recommendations and these are detailed under the relevant output sections in this report.
Maritime Occupational Health and Safety
AMSA continues to work closely with the Seacare Authority and carries out the role of inspectorate for the Authority as required under the Occupational Health and Safety (Maritime Industry) Act 1993. AMSA received 65 occupational health and safety incident reports during 2002-2003 and notification of 13 dangerous occurrences. AMSA Occupational Health and Safety Inspectors issued two prohibition notices. There were 14 investigations into incidents and dangerous occurrences conducted by AMSA.
The number of reported incidents continues the downward trend since the introduction of the Act and suggests that the performance of the Australian maritime industry continues to improve. AMSA continued to assist in the development of positive performance indicators for the maritime industry and provided advice to the Seacare Authority secretariat throughout the year on a wide range of issues.