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Regulatory Plan 2003-2004

AMSA, 14th Annual Report, 2003 - 2004

Regulatory Changes made in 2003-2004

Marine Order Part 18 - Measures to enhance Maritme Safety

Description of Issue

Marine Orders Part 18 is made pursuant to the Navigation Act 1912 and gives effect to Chapter XI-1, Special Measures to Enhance Maritime Safety, of the International Maritime Organization (IMO) International Convention for the Safety of Life at Sea (SOLAS) 1974, as amended.

In view of IMO amendments to SOLAS, it was decided that Marine Orders Part 18, Issue 1 (Bulk carriers and tankers) should be split into two separate Orders: Part 18, Issue 2, and Part 35, Issue 1, (detailed later in the Regulatory Plan).

Part 18, Issues 2, repeals Issue 1, and gives effect to amendments agreed by the IMO in December 2002 to SOLAS Chapter XI (renumbered as Chapter XI-1) that entered into force internationally on 1 July 2004, including:

  • introduction of the Continuous Synopsis Record (CSR) in accordance with Regulation 5 of Chapter XI-1 of SOLAS requiring an operator of an Australian registered shp to ensure that a CSR is kept on board the ship and is availble for inspection at all times;

  • passenger ships of 100 gross tonnage or more and cargo ships of 300 gross tonnage or more must have the ship's identification number permanently marked, in accordance with Regulation 3 of Chapter XI-1 of SOLAS.

Part 18, Issue 2 applies regulations 2, 3 and 5 of Chapter XI-1 to ships on voyages other than international voyages.

Date of Effect 19 May 2004

Marine Order Part 21 - Safety of navigation and emergency procedures

Description of Issue

Marine Orders Part 21 is made pursuant to the Navigation Act 1912 and promotes safe navigation and operation of ships and gives effect to a number of regulations of Chapter V Safety of Navigation in the International Maritime Organization (IMO) International Convention on Safety of Life at Sea (SOLAS), 1974, as amended. It prescribes requirements for carrying out musters, boat drills, fire drills and other prescribed drills and for recording them in the official log books and safety of persons including pilots, going or coming aboard ships. It also deals with matters in relation to equipping ships with compasses and the examination and adjustment of compasses on ships.

Marine Orders Part 21, Issue 4 amendment, amends Marine Orders Part 21 Issue 4 and gives effect to:

  • IMO resolution MSC.123(75) requiring all shps to carry an up-dated version of Volume III of th International Aeronautical and Maritime Search and Rescue (IAMSAR) Manual, with effect from 1 January 2004; and

  • IMO amendments to Chapter V SOLAS specifying dates for certain classes of ships to be fitted with the Automatic Identification System (AIS). The amendment will enter into force on 1 July 2004.

Date of Effect 1 January 2004

Marine Order Part 30 - Prevention of collisions

Description of Issue

Marine Orders Part 30, is made pursuant to the Navigation Act 1912, and specifies measures to be observed for the prevention of collisions and specifies lights and signals to be provided and used on a ship. It implements the International Maritime Organization (IMO) International Convention on the International Regulations for Preventing Collisions at Sea (COLREG) 1972.

Marine Orders Part 30, Issue 6, repeals Issue 5 and incorporates the results of a review in late 2002 of Issue 5 as part of AMSA's five yearly cycle to regularly review all Marine Orders and to give effect to recent IMO amendments to the COLREGs, which came into force on 29 November 2003. These mainly introduced requirements for Wing-In-Ground (WIG) craft and High Speed Craft with regard to preventing collisions at sea. The amendment to Issue 6 was made to correct typographical errors.

Date of Effect 29 November 2003 (Issue 6) and 10 December 2003 (Issue 6 amendment)

Marine Order Part 34 - Solid Bulk Cargoes

Description of Issue

Marine Orders Part 34 is made pursuant to the Navigation Act 1912 and gives effect to Chapter VI of the International Maritime Organization (IMO) International Convention for the Safety of Life at Sea (SOLAS) 1974, as amended and gives effect to the Code of Safe Practice for Solid Bulk Cargoes (BC Code) for the safe loading, stowing, carriage and unloading of solid bulk cargoes.

Marine Orders Part 34, Issue 5, repeals Issue 4 and gives effect to IMO amendments to SOLAS Chapter VI requiring that information to be provided to the master of a vessel in respect of the loading of solid cargo is now required to be given in writing. This amemdment is intended to reflect the international requirment of SOLAS Regulation VI/2 (cargo information). The requirement for a loading plan and subsequent amendments to be provided to "the appropriate authority of the port State" will also now be provided to the Surveyor-in-charge of AMSA upon request.

Date of Effect 1 January  2004

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Marine Order Part 35 - Additional safety measures for bulk carriers

Description of Issue

Marine Orders Part 35 is made pursuant to the Navigation Act 1912 and gives effect to Chapter XII of the International Maritime Organization (IMO) International Convention for the Safety of Life at Sea (SOLAS) 1974, as amended, (Additional Safety Measures for Bulk Carriers).

In view of IMO amendments to SOLAS, it was decided that Marine Orders Part 18, Issue 1 (Bulk carriers and tankers) should be spilty into two separate Orders: Part 18, Issue 2, Measures to Enhance Martime Safety, (detailed earlier in the Regulatory Plan) and Part 35, Issue 1.

Marine Orders Part 35, Issue 1, gives effect to IMO Resolution MSC 134(76), which adopted amendments to SOLAS Chapter XII entering into force on 1 July 2004. Two new SOLAS regulations 12 and 13 were added after the existing regulation 11 concerning fitting of water level detectors and availability of pumping systems in bulk carriers.

Date of Effect 19 May 2004

Marine Order Part 41 - Dangerous Goods

Description of Issue

Marine Orders Part 41 is made pursuant to the Navigation Act 1912 and gives effect to Parts A and D of Chapter VII of the International Maritime Organization (IMO) International Convention for the Safety of Life at Sea (SOLAS) 1974, as amended, in relation to the carriage of dangerous cargoes in packaged form and gives effect to the International Maritime Dangerous Goods Code (IMDG Code).

The IMO made the IMDG Code (Edition 2002) mandatory internationally from 1 January 2004.

Marine Orders Part 41, Issue 6 repeals issue 5 and gives effect to the IMDG Code, Edition 2002. It also amends definitions and introduces new definitions to enhance clarity and to ensure consistency of terminology with the IMDG Code and the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High Level Radioactive Wastes (INF).

Date of Effect 1 January 2004

Marine Order Part 42 - Cargo stowage and securing

Description of Issue

Marine Orders Part 42 is made pursuant to the Navigation Act 1912 and gives effect to provisions in Chapter V and Chapter VI (Carriage of Cargoes) of the International Maritime Organization (IMO) Safety of Life at Sea (SOLAS) Convention 1974 dealing with the carriage and stowage of deck cargo on a ship and gives effect to the Code of Safe Practice for Cargo Stowage and Securing (CSS Code), the Code of Safe Practice for Ships Carrying Timber Deck Cargoes (TDC Code).

Marine Orders Part 42, Issue 2, repeals Issue 1 and incorporates IMO amendments to Chapter VI of SOLAS that entered into force on 1 January 2004. It also removes the requirement to provide a notice of intention to ship timber deck cargo. The opportunity also was taken to amend and update a number of provisions to reflect current drafting standards.

Date of Effect 1 January 2004

Marine Order Part 43 - Cargo and cargo handling - livestock

Description of Issue

Marine Orders Part 43 is made pursuant to the Navigation Act 1912 and promotes the safety of seafarers on ships carrying livestock and ship operations providing livestock services. It reflects the regulatory provisions agreed by AMSA's Livestock Advisory Committee comprising the relevant government agencies, ship operators, shippers, the livestock industry and the Royal Society for the Prevention of Cruelty to Animals (RSPCA), which provides advice on regulatory issues for livestock carriers.

Marine Orders Part 43 Issue 5 amendment, amends Issue 5 by introducing provisions consistent with the requirements of Annex IV of the International Convention for the Prevention of Pollution from Ships 1973, as amended by the Protocol of 1978 (MARPOL73/78), which came into force internationally on 27 September 2003 and entered into force for Australian on 27 May 2004. This Annex includes requirements concerning the treatment and holding on board of sewage and the circumstances in which discharge into the sea may be allowed. Amendments to issue 5 also were made to give effect to amendments to enhance ventilation capacity on new ships and to update text.

Date of Effect 27 May 2004

Marine Order Part 96 - Marine Pollution Prevention - Sewage

Description of Issue

Marine Orders Part 96 is to be made pursuant to the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 (Pollution Prevention Act) to give effect to Annex IV of the International Maritime Organization (IMO) International Convention for the Prevention of Pollution from Ships 1973, as amended by the Protocol of 1978 (MARPOL 73/78). It pertains to a ship to which MARPOL 73/78 applies, and sets out in detail survey and certifications requirements on how sewage should be treated or held on board ship and the circumstances in which discharge into the sea may be alllowed. This Annex entered into force internationally on 27 September 2003 and entered into force for Australia on 27 May 2004.

Marine Orders Part 96 is a new issue giving effect to Regulations for Prevention of Pollution by Sewage from Ships set out in Annex IV of MARPOL 73/78, which were given effect in the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 by the Maritime Legislation Amendment (Prevention of Pollution from Ships) Act 2003.

Date of Effect 27 May 2004

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Planned Regulatory Activity 2004-2005

Marine Order Part 3 - Seagoing qualifications

Description of Issue

Marine Orders Part 3 is made pursuant to the Navigation Act 1912 and specifies the standards of competence and other conditions to be met by a person in order to be a qualified master, officer or seaman of an Australian ship. It gives effect to the International Maritime Organization (IMO) International Convention for Standards of Training, Certification and Watchkeeping for Seafarers 1978 as amended by the protocol of 1995 (STCW95).

Marine Orders Part 3 is being reviewed as part of AMSA's five yearly cycle to regularly review all Marine Orders and to take account of the final international implementation of STCW95. Its requirements are being updated to further align some detail with STCW 95 and to remove unnecessary procedural matters and outdated references.

Date of Effect The amendment is planned to be introduced in September 2004.

Marine Order Part 9 - Health - Medical fitness

Description of Issue

Marine Orders Part 9 is made pursuant to the Navigation Act 1912 and prescribes matters pertaining to medical fitness standards of seafarers and coastal pilots and gives effect to the International Labour Organization (ILO) Medical Examination (Seafarers) Convention, 1946. It also gives effect to certain provisions of the International Maritime Organization (IMO) International Convention for Standards of Training, Certification and Watchkeeping for Seafarers 1978 as amended by the protocol of 1995 (STCW95).

Marine Orders Part 9 is being reviewed as part of AMSA's five yearly cycle to regularly review all Marine Orders and to update its requirements in line with STCW95 and to remove unnecessary procedural matters and outdated references.

Date of Effect The amendment is planned to be introduced in January 2005

Marine Order Part 12 - Construction - subdivision & stability, machinery and electirical installations

Description of Issue

Marine Orders Part 12, is made pursuant to the Navigation Act 1912 and specifies the requirements for the constructions, hull, equipment and machinery on ships given effect to Chapter II-1 of the International Maritime Organization (IMO) International Convention for the Safety of Life at Sea (SOLAS), 1974, as amended and IMO guidelines for the design and construction of offshore supply vessels.

Marine Orders Part 12 is being amended to give effect to IMO amendments to Chapter II-1 of SOLAS that come into force internationally on 1 July 2004.

Date of Effect The amendment is planned to be introduced by 1 July 2004.

Marine Order Part 15 -  Construction - fire protection, fire detection and fire extinction

Description of Issue

Marine Orders Part 15 is made pursuant to the Navigation Act 1912 and gives effect to Chapter II-2 of the International Maritime Organization (IMO) International Convention on Safety of Life at Sea (SOLAS) 1974, as amended and makes provision for the prevention, detection and extinction of fire on SOLAS and non-SOLAS ships.

Marine Orders Part 15 is being amended to give effect to IMO amendments to SOLAS Chapter II-2 that come into force internationally on 1 July 2004.

Date of Effect The amendment is planned to be introduced by 1 July 2004

Marine Order Part 16 -  Loadlines

Description of Issue

Marine Orders Part 16 is made pursuant to the Navigation Act 1912 and gives effect to the International Convention on Loadlines 1966 as amended by the protocol of 1988. It coves detailed requirements for ships to have been surveyed, marked and issued with an International Load Line Certificate, including determining load lines, the form of load line marks and their positioning on a ship and for maintaining the external weathertight and watertight integrity of the ship.

Marine Orders Part 16 is being revised to give effect to IMO amendments to the 1988 Protocol to the International Convention on Loadlines 1966.

Date of Effect The amendment is planned to be introduced by 1January 2005.

Marine Order Part 25 - Equipment - Life-saving

Description of Issue

Marine Orders Part 25, for the purposes of the Navigation Act 1912, gives effect to relevant parts of the International Maritime Organization (IMO) International Conventionf for the Safety of Life at Sea (SOLAS), 1974, as amended in relation to Chapter III of SOLAS and the International Life Saving Appliances Code (LSA Code) prescribing the appliances to be carried in ships for the saving of life at sea.

Marine Orders Part 25 is being reviewed to give effect to IMO amendments to SOLAS Chapter III that come into force internationally on 1 July 2004.

Date of Effect The amendment is planned to be introduced by  1 July 2004.

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Marine Order Part 32 - Cargo handling equipment

Description of Issue

Marine Orders Part 32 is made pursuant to the Navigation Act 1912, and specifies matters in relation to the loading and unloading of cargo and the safe transfer of persons, from ships, off-shore industry vessels and off-shore industry mobile units and gives effect to the International Labour Organization (ILO) Conventions, No 152 Occupational Safety and Health (Dock Work) 1979 and No 27, Marking of Weight (Packages Transported by Vessels) 1929. It also gives effect to the ILO Code of Practice, Safety and Health in Dock Work, and ILO Recommendation 160, Occupational Safety and Health (Dock Work) 1979.

Marine Orders Part 32 is being reviewed as part of AMSA's five yearly cycle to regularly review all Marine Orders to update its requirements in line with modern safety practice and to remove unnecessary procedural matters and outdated references.

Date of Effect The amendment is planned to be introduced by 1 March 2005

Marine Order Part 33 - Cargo and cargo handling - grain

Description of Issue

Marine Orders Part 33 is made pursuant to the Navigation Act 1912 and specifies matters relating to the stowage and carriage of grain in buld on Australian ships and foreign ships in Australian territorial waters. it also gives effect to Part C of Chapter VI of the International Martime Organization (IMO) International Convention for the Safety of Life at Sea (SOLAS) 1974, as amended (Carriage of Grain).

Marine Orders Part 33 is being amended for changes in inspection procedures for bulk grain cargo.

Date of Effect The amendment is planned to be introduced by 1 November 2005

Marine Order Part 51 - Fishing vessels

Description of Issue

Marine Orders Part 51 is made pursuant to the Navigation Act 1912, and gives effect to requirements relating to stability, subdivision, and crew qualifications for fishing vessels.

Marine Orders Part 51 is being reviewed with a view to including provisions permitting the survey of fishing vessels, on a voluntary basis, to the standards provided in the Torremolinos International Convention for the Safety of Fishing Vessels (SFV). Consideration will also be given to modifications required to the appendices relating to certification of deck and engineer officers to permit Australian ratification of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers on Fishing Vessels (STCW-F). 

Date of Effect The new issue is expected to be introduced by June 2005.

Marine Order Part 55 - Publication of inspection data

Description of Issue

Marine Orders Part 55 is made pursuant to the Navigation Act 1912 and prescribes the nature of information that AMSA may publish about a ship and the manner in which it should be published. The information may be derived during an inspection or survey conducted by AMSA under the Act and includes information about the ship (name, number, size, kind, age etc), its country of registration, the Classification society, the nature of deficiencies found and action taken to correct them. Different publication methods are allowed, ranging from the release of individual inspection reports to the publication of annual statistical reports.

Marine Orders Part 55 is being reviewed to provide for additional matters to be included in the prescribed information that can be published.

Date of Effect The amendment is planned to be introduced by late 2004.

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last updated: May 2005