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Output 1: Ship Operations Safety and Marine Environment Protection Program

AMSA, 15th Annual Report, 2004 - 2005

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

This output covers AMSA’s responsibility for providing a regulatory framework of safety and environment protection standards for Australia consistent with international treaties and contemporary safety management systems.

It comprises the following three Sub-Outputs:

Sub-Output 1.1.1: Provision of an Australian regulatory framework and operational standards for maritime safety and marine environment protection that encourages industry to improve its safety and environmental performance.

This Sub-Output covers AMSA’s development of Australia’s maritime regulatory framework based upon international standards mainly promulgated by the International Maritime Organization (IMO) 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.

Sub-Output 1.1.2: Promotion of a safety culture in the maritime industry by influencing industry attitudes, behaviours and business practices.

This Sub-Output covers AMSA’s promulgation of policies 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 marine pollution prevention.

Sub-Output 1.1.3: Participation and influence in international and regional maritime forums and partnerships.

This Sub-Output covers AMSA’s representation of Australia at 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. It also covers AMSA’s participation in other international forums, including the International Association of Marine Aids to Navigation and Lighthouse Authorities (IALA), which aims to harmonise aids to navigation worldwide, and regional forums, the Tokyo and Indian Ocean Memorandums of Understanding (MOUs) on Port State Control, which aim to strengthen regional port State control.

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

Operating environment in 2004-2005

During 2004-2005, AMSA’s delivery of Output 1.1 in relation to ship safety and environment protection standards was influenced by the following external factors:

International Developments

Australia’s continued support for initiatives in the IMO and regional forums for improving ship safety and environment protection standards, including:

National Developments

Factors within Australia’s domestic environment, including:

AMSA’s response to the operating environment

In response to the external factors in the operating environment, AMSA identified the following portfolio objectives and underpinning responses and priority actions to focus its work during 2004-2005 on achievement of the portfolio outcome of a better transport system for Australia.

Sub-Output 1.1.1: Provision of an Australian regulatory framework and operational standards for maritime safety and marine environment protection that encourages industry to improve its safety and environmental performance.

Portfolio Objective: 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 1.1.1-1: 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 in delivering sub-output 1.1.1 during 2004-2005

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

AMSA represents Australia at meetings of the IMO Council and IMO Assembly. In 2004-2005, AMSA attended the IMO Council meetings in November 2004 and June 2005. 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 intends again to seek re-election to the IMO Council for a further two-year term when the biennial IMO Assembly meeting is held in November 2005. AMSA is liaising with the Department of Transport and Regional Services (DOTARS) and the Department of Foreign Affairs and Trade in lobbying other Member States for support of Australia’s candidacy for the IMO Council.

AMSA also actively participates in IMO’s main committees, sub-committees and working and correspondence groups in relation to contributing to international standards development on maritime safety and environment protection.

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Implement IMO instruments relating to environment protection and pollution compensation: International Convention on the Control of Harmful Anti-fouling Systems on Ships 2001.

Australia signed the International Convention on the Control of Harmful Anti-fouling Systems on Ships 2001, subject to ratification, on 19 August 2002. The Convention provides that by an effective date of 1 January 2003, all ships shall not apply or re-apply organo-tin (eg Tributyltin or TBT) compounds, which act as biocides in anti-fouling systems. By 1 January 2008, ships either shall not have such compounds on their hulls or external surfaces or they will have a coating that forms a barrier to such compounds leaching from the underlying non-compliant anti- fouling system. The Convention will enter into force 12 months after 25 States representing 25 per cent of the world’s merchant shipping tonnage have ratified it. Although 11 countries (9.28% cent) have ratified to date, it is expected that a number of European countries intend ratifying the Convention before the end of 2005. The Australian Transport Council endorsed Australia’s implementation of the Convention in November 2002. DOTARS and AMSA are working towards introduction of legislation to give effect to the Convention in 2005-2006.

Implement IMO instruments: International Convention on Civil Liability for Bunker Oil Pollution Damage 2001

Australia signed the International Convention on Civil Liability for Bunker Oil Pollution Damage 2001, subject to ratification, on
23 September 2002. The Convention provides that shipowners are strictly liable for fuel oil spills and requires them to carry compulsory insurance to cover any pollution damage following a fuel oil spill. Australia’s involvement in the development of the Bunkers Convention fulfilled a commitment in the Government’s Oceans Policy. The convention will come into force internationally one year after the date on which it is accepted by 18 States, including five States each with ships with a combined gross tonnage not less than one million gross tonnage. As an interim measure, Commonwealth legislation was enacted requiring ships entering Australian ports from 6 April 2001 to have documentation on board demonstrating that the ship has insurance coverage at least to the limit applicable under international treaties. AMSA is working with DOTARS on progressing legislation to implement the Convention so it can be applied as soon as the international entry into force is achieved.

Implement IMO instruments: Annex IV (sewage) of the International Convention for the Prevention of Pollution of the Sea by Ships (MARPOL) Convention

Annex IV, Prevention of Pollution by Sewage, of the MARPOL Convention entered into force internationally on 27 September 2003. Ships are required to be equipped with a standard discharge connection and a holding tank, an approved sewage treatment plant or an approved sewage comminuting and disinfecting system. Annex IV 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 has additional responsibilities in the implementation of the Annex in providing for the issue of certificates and port State control functions. Australia through AMSA is leading an inter-sessional Correspondence Group in the IMO to gain agreement to review two key aspects of the Annex IV aimed at improving the accepted discharge standards and to advance treatment plant standards.

Implement IMO instruments: Annex VI (air pollution) of the MARPOL Convention

The IMO adopted Annex VI, Prevention of Air Pollution from Ships, as a Protocol to the MARPOL Convention in 1997. Annex VI entered into force internationally in May 2005. AMSA is working with DOTARS on draft legislation to implement the Annex into 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 issued a Marine Notice (11/2004 on 20 September 2004) to advise the industry of the entry into force of these regulations.

Implement IMO instruments: Ship safety elements of International Convention for the Control and Management of Ships’ Ballast Water and Sediments

The IMO adopted the International Convention for the Control and Management of Ships’ Ballast Water and Sediments in February 2004 aimed at addressing problems associated with the transfer of harmful aquatic organisms in ships’ ballast water. The Convention will enter into force twelve months after signature by 30 States with combined merchant fleets constituting 35 per cent of world merchant shipping gross tonnage. Australia signed the Convention subject to ratification in May 2005. AMSA is involved with DOTARS and the Australian Department of Agriculture, Fisheries and Forestry in the development of Australian legislation and procedures to implement the convention into national law.

Implement IMO instruments: Supplementary Protocol to the International Convention on Establishment of an International Fund for Compensation for Oil Pollution Damage 1992

The Protocol on the Establishment of a Supplementary Fund for Compensation for Oil Pollution Damage was agreed by the IMO in May 2003 and is aimed at ensuring 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 entered into force internationally on 3 March 2005. AMSA was involved with DOTARS 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.

Implement IMO instruments: Changes to IMO environment protection conventions, standards and guidelines

AMSA continues to work actively at the IMO to ensure existing IMO environment conventions reflect emerging technology and greater expectations for protection of the marine environment. The key components of the MARPOL Convention, Annexes I (oil) and II (noxious liquid substances), have undergone a major revision by the IMO, with revised versions of both Annexes being adopted by the IMO in October 2004 and will enter into force on 1 January 2007. Relevant legislative amendments are being progressed for implementation into Australian national law.

AMSA also contributed through active membership of a Correspondence Group to the IMO’s review of its Guidelines for the Identification and Designation of Particularly Sensitive Sea Areas (PSSA). A PSSA is an area that needs special protection through action by the IMO because of its significance for recognised ecological or socio-economic or scientific reasons and which may be vulnerable to damage by international maritime activities. The PSSA Guidelines provide guidance to IMO members in their formulation and submission of applications to the IMO for designation of a PSSA and ensure all interests are considered. The IMO review of the guidelines was finalised in July 2005 with the proposed revised guidelines to be submitted to the IMO Assembly meeting in November 2005 for adoption.

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Update the national regulatory framework with a focus on: Assisting DOTARS to advance legislative amendments to the Navigation Act 1912

The Navigation Amendment Act 2005 was enacted in March 2005. It amended the Navigation Act 1912 to remove a technical impediment to prosecutions for collision offences. It also clarified that a breach of the collision regulations may be prosecuted on indictment and revised certain penalties in relation to careless navigation near ice and the rendering of assistance following an accident or where people are in distress at sea.

A second proposed amending piece of legislation, the Maritime Legislation Amendment Bill 2005, was introduced to the Senate on 23 June 2005. It proposed the addition to the Navigation Act 1912 of a power for AMSA to declare areas of the coastal seas for pilotage purposes. This is intended to enable implementation of the IMO’s approval for the associated protective measure in relation to pilotage for Torres Strait. The Bill also includes a range of housekeeping amendments to maritime legislation.

Update the national regulatory framework with a focus on: Working with the Department of Agriculture, Fisheries and Forestry (DAFF) to strengthen livestock export trade regulation

AMSA has been working with DAFF, including participation in its relevant working groups, in developing and implementing the new Australian Code for the Export of Livestock, with a view to consolidating all animal welfare regulation in the Code. This allows AMSA to remove certain animal welfare provisions from Marine Orders Part 43, which regulates the ship safety and operational aspects of carriage of livestock cargo at sea. AMSA provided comments during the development by DAFF of the draft interim Australian Code for the Export of Livestock and DAFF’s drafting of legislative amendments in the Australian Meat and Livestock Industry Act 1997 to introduce the Code. The Code came into operation in December 2004.

AMSA is reviewing Marine Orders Part 43 in consultation with AMSA’s Livestock Advisory Committee with the aim of removing these animal welfare provisions from the Marine Order by February 2006. AMSA accommodated earlier concerns of the shipping industry and the Royal Society for Prevention of Cruelty to Animals (RSPCA) about the premature removal of the animal welfare provisions from the Marine Order in the absence of DAFF’s development of the Australian Code for the Export of Livestock and operational experience with its administration. There will have been a 14 months’ transition period of parallel operation with the Code by February 2006, to facilitate industry confidence in the Code and its administration.

Update the national regulatory framework with a focus on: Developing, reviewing and amending Marine Orders to capture new and amended ship safety and pollution prevention standards

During 2004-2005, AMSA reviewed and promulgated 11 new and amended Marine Orders implementing enhanced standards that are summarised in AMSA’s Regulatory Plan in the appendices to this report.

New issues of Marine Orders updated international standards to:

The Marine Order regulating the stowage and carriage of bulk grain cargo was reissued to introduce a revised notification and inspection process to enable a risk-managed approach to monitoring compliance with the International Grain Code given effect by the SOLAS Convention.

The Marine Order concerning the publication of ship inspection data by AMSA was reissued to include additional information that AMSA may publish about ships detained for major safety deficiencies.

Following IMO approval for upgrading of the mandatory ship reporting system in the Great Barrier Reef and Torres Strait region to a coastal Vessel Traffic Service, the Marine Order regulating the system was reissued to include changed ship reporting requirements.

Update the national regulatory framework with a focus on: Monitoring the application of STCW to the Australian marine qualifications system

AMSA continues to work with the shipping industry in addressing issues arising from the new standards that came into full force on 1 August 2002 under the STCW Convention. AMSA completed a major revision of Marine Orders Part 3, Seagoing Qualifications, to maintain the full implementation of STCW whilst continuing to ensure that existing qualifications standards are maintained. After a comprehensive consultation process with stakeholders, the new Issue of the Marine Order came into operation on 8 September 2004.

It introduced a new structure in regard to deck certificates to further meet the terminology of the STCW Convention, One of the significant changes involved renaming the existing Class 1 and Class 2 master and deck officer certificates, denoting capacities in terms of functions, levels and limitations.

Two new AMSA deck certificates of competency have been created to replace the issuing of AMSA STCW Endorsements on Australian State/ Territory issued Master Class 3 and Master Class 4 (other than near coastal) certificates. AMSA will continue to issue STCW endorsements on State/Territory certificates until 31 December 2005, and after that date to revalidate STCW endorsements already held.

These new certificates conform with STCW requirements and should resolve some reported recognition problems that have been experienced overseas by holders of Class 2 and State/Territory certificates with an AMSA STCW endorsement.

The new certificate structure also provides a clear pathway for present holders of State/Territory certificates, and persons working in the deck department of smaller tonnage trading vessels, to obtain an AMSA STCW qualification and progress to larger vessel qualifications.

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Sub-Output 1.1.2: Promotion of a safety culture in the maritime industry by influencing industry attitudes, behaviours and business practices.

Portfolio Objective: 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 1.1.2-1: AMSA to contribute to regulatory and administrative developments required to implement the Australian Government ship safety jurisdiction in cooperation with other agencies and the States and Territories.

Priority actions in delivering sub-output 1.1.2 during 2004-2005

Participate in the National Marine Safety Committee (NMSC)

AMSA participates in the NMSC with its counterpart State and Territory marine administrations to develop and implement 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. The NSCV comprises various parts covering the principal technical standards for smaller commercial vessels in relation to their design, construction, crewing and operation. It reflects modern, performance-based, safety management principles providing for innovation in design and promoting consistency across jurisdictions.

Facilitate harmonisation of AMSA and State/Territory systems for issuing seagoing certificates of competency.

In reviewing Marine Orders Part 3, Seagoing Qualifications, (as described earlier under Output 1.1.1), AMSA aimed to create an improved seamless career path for Australian deck officers progressing from entry-level State/Territory certificates of competency and small ship operations through to the highest STCW level qualifications and large ship operations. The replacement of AMSA STCW endorsements on the higher-level State/ Territory certificates with AMSA issued STCW certificates at the master or mate level for vessels of less than 500 gross tonnage should resolve reported recognition problems experienced overseas for the State/Territory certificates.

Cooperate with the NMSC, the Australian Transport Safety Bureau (ATSB) and the Australian Seafood Industry Council (ASIC) promoting fishing boat safety

In November 2004, the ATSB issued a safety bulletin for its fishing vessel safety awareness program, which was produced in consultation with AMSA. This bulletin has been published on the ATSB’s Internet site and made available in hard copies to fishermen at a series of safety awareness meetings. The bulletin also formed the basis for articles in fishing magazines and newsletters. AMSA cooperated with the ATSB in the production of a DVD aimed at improving awareness within both the shipping and fishing industries of the requirements of the Convention on the International Regulations for Preventing Collisions at Sea (COLREGS) to reduce the incidence of collisions between merchant ships and fishing vessels. The DVD was released in August 2005.

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

The National Oceans Office (NOO) released the first Regional Marine Plan for the south-east region in May 2004 under the auspices of Australia’s Oceans Policy. NOO has commenced work on the second plan for the northern region, including Torres Strait, the Gulf of Carpentaria and the eastern Arafura Sea. AMSA contributed actively as a member of several working groups developing aspects of these plans and there are a number of action items in the South East Regional Plan relevant to AMSA’s work in marine environment protection. AMSA also is a member of the Oceans Policy Science Advisory Group.

Participate in the Australian Maritime Group (AMG) consideration of ship safety and marine environment protection issues

AMSA is a member of the AMG comprising heads of the Australian, State and Territory Government’s marine administrations. During 2004-2005, AMG met twice in August 2004 and March 2005 when the following major issues were considered of interest to AMSA: maritime risk planning, emergency towage, marine pilot training, and State and Territory agreement to the adoption of IMO environment protection standards, in particular approval for Australia’s signature of the International Convention for the Control and Management of Ship’s Ballast Water and Sediments (the Ballast Water Convention) subject to ratification.

Contribute technical/operational advice to governments’ consideration of long-term arrangements for Emergency Response Division towage capability

The Australian Maritime Group (AMG) has been considering the issue of emergency towage since 2002 when it commissioned a consultant’s study on salvage availability around Australia. AMSA has contributed operational and technical advice in the consideration of ship safety and environment protection issues involved with emergency towage capacity.

In August 2003, AMG established a Working Party, including AMSA, to examine emergency towage capacity around Australia’s coast. It issued a discussion paper in April 2004 for comment by stakeholders. In June 2004, a Federal Parliamentary Committee issued a report from its inquiry into maritime salvage capacity, which recommended a greater role for governments in maintaining salvage capability at Australian ports.

DOTARS and AMSA commissioned a consultant to undertake a risk assessment of changes in Australia’s emergency towage and salvage capacity using the model used in the 2000 National Plan Oil Spill Risk Assessment model. The consultant’s report, which was issued in October 2004, demonstrated that overall risk of an incident for all parts of the Australian coast is relatively low and declining with higher risk areas corresponding to the major port areas. Nevertheless, a risk remained of a one-off event with perceived exposure for governments, particularly if tugs capable of emergency towage are withdrawn from service in future. The report informed the work of the AMG’s Working Party, which is tasked with developing long-term arrangements for government support for emergency towage services.

The Australian Transport Council (ATC) Ministers’ meeting in June 2005 gave in principle agreement to the introduction of a national approach to emergency towage around the Australian coastline, including a dedicated vessel for the northern Great Barrier Reef and Torres Strait. The AMG working party is continuing to develop details of the longer-term arrangements for consideration by the AMG and then submission to the ATC later in 2005.

The Federal 2005 Budget funded DOTARS’ Maritime Emergency Towage Program. This is aimed at maintaining the overall level of ocean-going emergency towage capacity around the Australian coast on an interim basis, pending ATC endorsement of AMG’s long-term arrangement for emergency towage services later in 2005.

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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 (OHSMI Act), which is administered by the Department of Employment and Workplace Relations.

During 2004-2005, AMSA received six occupational health and safety incident reports and notification of nine dangerous occurrences. AMSA Occupational Health and Safety Inspectors issued seven prohibition notices for serious occupational health and safety breaches and 21 improvement notices. There were three investigations into incidents and dangerous occurrences. The number of reported incidents represents a slight increase over the number for 2003-2004 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.

In 2004-2005 AMSA concentrated on inspections that targeted specific ships where concerns existed that OHS performance was not adequate. AMSA advised the Seacare Authority that it also initiated in 2004-05 a program of OHS inspections with the objective of inspecting all ships covered by Part II of the Navigation Act on an annual basis. Guidance was provided to the AMSA inspectors to assist in these inspections which resulted in a number of vessels requiring follow up inspections to ensure that any safety issues that were highlighted had been addressed.

In March 2005, the Minister for Employment and Workplace Relations, the Hon Kevin Andrews, MP, announced that he had authorized a review of the Seacare scheme, including the OHSMI Act for report to him in May 2005. The review examined the justification for a separate scheme for seafarers and consideration of alternatives and the need for legislative amendments to clarify the coverage of the scheme. AMSA made a submission in relation to its inspectorate role under the OHSMI Act. The report is yet to be released.

Assist DOTARS with technical/operational advice on maritime security measures

New IMO maritime transport security standards under the International Ship and Port Facility Security (ISPS) Code and SOLAS Chapter XI-2 came into force from 1 July 2004. These were enacted into national law in December 2003 by the Maritime Transport Security Act 2003, which is administered by DOTARS through its Office of Transport Security (OTS). AMSA continues to provide technical and operational advice to OTS on the implementation of security measures and works cooperatively on operational matters, such as communications with industry and ship inspection measures.

Amendments to the Maritime Security Act were introduced to Parliament in May 2005 to extend its application to Australia’s offshore hydrocarbon facilities and to introduce the Maritime Security Identification Card (MSIC) for people requiring unescorted access to security regulated ports and ships.

AMSA participated in a working group chaired by OTS considering regulations to govern the MSIC. AMSA has an interest in ensuring access of pollution response personnel to ports and ships in an emergency situation.

AMSA also has attended a workshop organised by the new Joint Offshore Protection Command to examine ship identification and tracking issues in the Australian Maritime Identification System to improve Maritime Domain Awareness by integrating existing data sources.

All AMSA’s marine surveyors were appointed by DOTARS as Duly Authorised Officers under the Maritime Transport Security Act 2003 to determine compliance of security documentation when conducting port State control inspections from 1 July 2004. AMSA participated in a regional concentrated ship inspection campaign from 1 July to 30 September 2004, aimed at checking ships’ compliance with the ISPS Code.

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Sub-Output 1.1.3: Contribute to improved levels of maritime safety and environmental protection through participation and influence in international and regional maritime forums and partnerships

Portfolio Objective: 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 1.1.3-1: AMSA to be involved in the IMO contributing to development of international standards and measures to encourage flag State implementation and enforcement and in Tokyo and Indian Ocean MOUs to strengthen port State control

Priority actions in delivering sub-output 1.1.3 during 2004-2005

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

The IMO Council meeting in June 2004 approved the final form of the IMO Voluntary Member State Audit Scheme, under which Member States may volunteer to be audited for compliance with their obligations for implementing mandatory IMO instruments. The arrangements include IMO provision and training of auditors and funding of the scheme. Pilot testing of the audit scheme indicates that Member State audits can be conducted in five days.

The IMO also is seeking to give priority to measures to reduce illegal, unregulated and unreported (IUU) fishing, with the safety of fishing vessels being a matter of concern to the IMO. However, the differences in design and operation between fishing vessels and other types of ships have proved to be an obstacle to their inclusion in the SOLAS Convention and the International Convention on Load Lines that specifies standards in relation to the limitations on the draft to which ships can be loaded.

The international fishing industry reportedly incurs the loss of around 24,000 lives annually. It lacks an international mandatory safety regime because the two relevant international conventions are yet to be ratified by sufficient IMO Member States to be brought into force. The IMO Secretary General wrote to IMO Member States in January 2005 stressing the need for action, particularly to bring into force and implement the 1993 Torremolinos Protocol for the Safety of Fishing Vessels and the International Convention on Training, Certification and Watchkeeping for Fishing Vessels 1995 (STCWF). AMSA supports the ratification of these conventions and has raised this issue with State and Territory marine administrations through the AMG forum to promote Australia’s adoption of these treaties.

AMSA continued its participation as a member of both the Asia-Pacific (Tokyo) and the Indian Ocean MOUs on Port State Control. These cooperative arrangements aim to improve port State control in the region, including promotion of better intelligence about ship inspections and coordination of inspection campaigns.

The 14th Committee Meeting of the Tokyo MOU was held in Shanghai, China, in November 2004. It approved a revised Port State Control manual to take effect on 1 February 2005 and establishment from 1 January 2005 of an MOU Detention Review Panel whereby a flag State can seek independent review where a member port State declines to rescind a disputed detention. The fifteenth meeting is to be held in Thailand in November 2005.

AMSA attended the 7th Committee Meeting of Indian Ocean MOU in Amboseli, Kenya, in September 2004 under AMSA’s chairmanship. The meeting finalised the development and hosting of the information system for handling the region’s ship inspection database, which commenced operation on 1 January 2005. Inter-sessional groups were established to amend the MOU port State control manual, organise a seminar for port State control officers in Mumbai in February 2005 and develop guidelines for a concentrated inspection campaign. The 8th Committee meeting is being held in the Maldives in September 2005.

AMSA attended the second Joint Ministerial Conference on Port State Control between the Paris and Tokyo MOUs held in Vancouver, Canada in November 2004. The Paris MOU comprises the maritime administrations of Europe and the north Atlantic. The first Joint Ministerial Conference was held in Canada in 1998. The latest conference issued a Joint Ministerial Declaration reconfirming the participants’ commitment to eliminating substandard shipping and to serve as a framework for new global policies and programs to achieve that objective. These included improved port State control inspections and ship targeting system, increasing public exposure of substandard ships and related parties, development of incentive programs for quality ship operators, and enhancing port State control training.

Ensure effective international application of the ISM Code

The International Safety Management (ISM) Code was promulgated in Chapter IX of the SOLAS Convention 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 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. AMSA is developing a national strategy for the future deployment of AIS in consultation with State and Territory marine administrations and port authorities.

Continue to facilitate implementation internationally of the STCW Convention

The STCW Convention entered into full force internationally on 1 August 2002. AMSA continues to be involved in the IMO’s assessment of flag administrations for inclusion on the IMO White List of maritime administrations that are compliant with the STCW requirements. AMSA also contributed to the IMO’s consideration of amendments to the STCW Convention for the training and certification of ship security officers and the development of guidelines for training of port facility and company security officers. Training requirements for able seamen are being transferred from the International Labour Organization to the IMO with the necessity for the IMO to review training requirements for ratings in the STCW Convention.

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Improve management of fatigue standards in the maritime industry

Fatigue is 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 STCW Convention, covering 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 is undertaking measures to address fatigue in relation to coastal pilots that are described in this report under Output 1.2.

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 in European waters of the tankers Erika in 1999 and Prestige in 2002, which caused significant pollution damage. AMSA has supported proposals for the IMO to play a greater role in determining standards to which new ships are built. The IMO has decided to establish goal-based standards for the design and construction of new ships, which would address the issues of redundancy, corrosion prevention and allowance, life expectancy, including fatigue and general principles on construction and workmanship.

Facilitate increased use by ships of Electronic Chart Display and Information Systems (ECDIS) by seeking IMO rescission of requirement for paper charts as a backup

AMSA has been promoting the benefits to safety of navigation from greater uptake of ECDIS on board ships and also is promoting IMO adoption of a mandatory requirement for carriage of ECDIS. Following amendments to the SOLAS Convention in 2002, ECDIS can be accepted as meeting the chart carriage requirements. Australia advised the IMO that vessels were permitted in its coastal waters to use ECDIS in the Raster Chart Display System (RCDS) mode without the requirement to carry paper charts, provided a risk assessment safety case was presented to AMSA. However, ship operators have little incentive to install ECDIS if they interpret IMO requirements as meaning that paper charts also must be carried.

Australia proposed that further work should be undertaken by the IMO in May 2004 to revise requirements so ships are allowed to operate ECDIS in the RCDS mode without having to carry an appropriate portfolio of up-to-date paper charts. Australia participated in a Correspondence Group to prepare recommendations for IMO consideration, including the proposed phasing-in of compulsory carriage of ECDIS by certain ship types commencing in 2010. Other Member States opposed this recommendation and argued instead for more consideration to be given to the safety benefits of ECDIS through a Formal Safety Assessment before compulsory carriage of ECDIS is considered. Another Correspondence Group, in which AMSA is participating, has been convened to continue progressing the issues related to ECDIS performance standards and is to report in mid 2006.

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AMSA response 1.1.3-2: AMSA to participate in the IMO’s implementation of safety standards specifically addressing shipping issues of interest to Australia

Priority actions in delivering sub-output 1.1.3 during 2004-2005

Participate in the review of passenger ship safety

In 2000, the IMO established a working group to undertake a wide-ranging review of the operating environment of passenger ships, recognising the growth in the number and size of cruise ships, with some having the capacity to carry more than 4,000 passengers and crew.

The IMO has established a comprehensive work program covering major safety aspects, including: examination of improvement to survivability in the event of a shipping incident; fire protection and prevention; escape, muster and evacuation procedures in an emergency; lifesaving appliances and arrangements; recovery and rescue techniques and equipment; assessment of alternative designs and arrangements to facilitate adoption of new concepts and technologies; human element issues in relation to operations, management and training; measures to ensure a ship can safely proceed to port after a flooding or fire casualty and measures to prevent groundings or collisions. This work has been assigned to various IMO subcommittees with a target completion date of 2006.

Implement the High Speed Craft (HSC) Code

In recognition of the dominant position of Australia in building high-speed craft, AMSA has been active at the 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. AMSA is taking an active role in convening the correspondence group reviewing the 2000 HSC Code and heads the correspondence group tasked to document amendments flowing from the review report, which are to be considered by the IMO in February 2006.

Support mandating internationally the revised Code of Safe Practice for Solid Bulk Cargoes

The IMO completed 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 adopted the revised code in December 2004. Work has now commenced on mandating this Code and it is expected that Australia will actively participate in this process.

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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 the MARPOL Convention Annex I, Prevention of Pollution by Oil, to FPSOs and 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 come within the definition of oil tanker under the MARPOL Convention. 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 the MARPOL Convention Annex I for oil tankers. The IMO recently revisited these guidelines to take account of the latest amendments to Annex I of the MARPOL Convention (as described in this report under output 1.1.1), including a complete revision of the text, in which AMSA took a leading role.

Review progress in implementing IMO resolution on the safe testing of lifeboats and life rafts, including examining factors in lifeboat incidents, the quality of equipment, training, crew competency and conduct of lifeboat drills

Following several incidents in Australian ports involving the dropping of lifeboats during life boat drills, with some resulting in crew fatalities, AMSA has undertaken measures to bring attention to the risk associated with conducting lifeboat drills with lifeboat release systems currently in use.

Australia, in conjunction with Sweden, submitted a paper to the IMO recommending early implementation of the amendments to the SOLAS Convention requiring lifeboat drills to be carried out and lifeboats to be manoeuvred in the water, but without the operational crew needing to be lowered or raised with the boat. These amendments were not due to enter into force until 1 July 2006. The IMO agreed with the proposal and issued a circular on 15 December 2004 drawing attention to safety measures during lifeboat drills, including the amendments to the SOLAS Convention.

AMSA issued a Certificate of Equivalence in October 2004 under Marine Orders Part 25, Equipment—Life-saving to allow the early effective implementation of these IMO amendments, which are due to be promulgated in December 2005, on Australian flag ships pending the necessary changes to the Marine Order to implement the amendments when they come into force internationally.
AMSA conducted a focused ship inspection campaign on lifeboats from May to July 2005 in conjunction with regular port State control inspections. This was aimed at ensuring lifeboats and their launching appliances were properly maintained and adequate emphasis was being given to their safe operation, as well as raising awareness of the IMO circular relating to lifeboat safety and proper maintenance.

Lifeboat safety continues to be a high priority at the IMO and is being considered by a number of its Sub-Committees, with AMSA continuing to monitor and participate in these discussions as required.

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AMSA response 1.1.3-3: 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 in delivering sub-output 1.1.3 during 2004-2005

Progress IMO endorsement of the related protective measure of compulsory pilotage to its provisional designation of Torres Strait as a Particularly Sensitive Sea Area

AMSA continued to advance the joint submission by Australia and Papua New Guinea initially made in 2003 to the IMO to extend the Particularly Sensitive Sea Area (PSSA) applying in the Great Barrier Reef to the Torres Strait and to seek 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 was implemented in July 2003.

The associated protective measure in relation to pilotage was considered by meetings of the IMO Safety of Navigation Sub-Committee in July 2004, the Legal Committee in October 2004, the Maritime Safety Committee in December 2004 and again by the Marine Environment Protection Committee in July 2005. The latter meeting agreed to amend the IMO Resolution dealing with the Great Barrier Reef PSSA by extending these arrangements to include Torres Strait.

The Maritime Legislation Amendment Bill 2005 includes a provision amending the Navigation Act 1912 to provide AMSA with the power to declare pilotage areas to implement the IMO resolution. The Bill was introduced into Federal Parliament in June 2005. AMSA intends promulgating a Marine Order to declare Torres Strait a pilotage area after the Bill has been considered by Federal Parliament.
Pilotage service providers in the Torres Strait and the Great Barrier Reef have indicated that they are fully prepared for the new pilotage arrangements and have sufficient coastal pilots available to meet the expected demand from ships passing through the region.

Participate in 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, with AMSA contributing to the development of the final resolution. AMSA is working in close consultation with the Department of the Environment and Heritage in its participating in the IMO working group tasked with developing strategies to further address the development of controls over greenhouse gas emissions from ships.

Progress Australia’s consideration of the International Convention on Liability and Compensation for Damage in Connection of Hazardous and Noxious Substances by Sea 1996 (HNS Convention)

The HNS Convention was adopted by IMO in 1996 and will enter into force when ratified by 12 States including four States each with two million gross tonnes of shipping. The Council of European Union made a decision in 2002 that includes an undertaking for its member states to ratify the Convention by 30 June 2006, which is expected to result in the Convention entering into force by 2007 or 2008. The Convention is based on the two-tier compensation system for oil spills established under existing conventions. In addition to pollution damage, it also covers risks by fire and explosion, including loss of life and loss or damage to property. Liability will be shared by shipowners and they will have to provide evidence of insurance. Cargo interests will pay a levy into the HNS fund to be established under the Convention.

AMSA completed a program of consultations with Australian Government agencies and industry in early 2003 on the provisions of the convention after holding an earlier series of information sessions with stakeholders. AMSA also participated in a workshop in June 2005 convened by the International Oil Pollution Compensation Fund secretariat, which also is likely to act for the HNS Convention. The workshop reviewed issues involved with the HNS Convention’s implementation by member states to facilitate their preparations for ratification of the HNS Convention.

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Performance Review 2004-2005

Portfolio Outcome: A better transport system for Australia

AMSA Outcome 1: Minimising the risk of shipping incidents and pollution in
Australian waters.

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

Output 1.1: Safety and environment protection standards for the responsible operation of ships: AMSA provides a regulatory framework of safety and environment protection standards for Australia consistent with international treaties and contemporary safety management systems.
Sub-Output 1.1.1: Provision of an appropriate Australian regulatory framework and operational standards for maritime safety and marine environment protection.
Measure
Performance 2004-2005

Currency and relevance of the Australian regulatory framework (Quality)

Target: Regulatory framework current and relevant. All relevant international standards implemented.

[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.]

regulatory framework was maintained by the reissue/ amendment of 11 Marine Orders:

9 Marine Orders were reissued/amended giving effect to changed international standards.

2 Marine Orders were reissued/amended giving effect to national standards.

4 Marine Orders were issued making minor amendments to existing Marine Orders

Proportion of accepted recommendations actioned 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 2004-2005, there were 11 incident investigations, with one recommendation that was relevant to AMSA operations that has been actioned.

During 2004-2005, there were 98 non-conformance notices issued from 57 ISM audits compared to:

2003-04 -102 notices from 57 audits
2002-03 - 76 notices from 62 audits
2001-02 - 42 notices from 34 audits

Cost to provide the regulatory framework (Price)

Target: 2004-2005 estimates: $4.364 million

 During 2004-2005, the cost of providing the regulatory framework was $4.510 million.
Sub-Output 1.1.2: 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: Declining trend in Port State control deficiencies per inspection.

[International conventions allow AMSA to conduct port State control inspections of foreign flag ships visiting Australian ports for compliance with international safety and environmental standards. AMSA records safety deficiencies when ships fail to comply with convention standards. Ships may be detained for major safety defects until the ship is restored to a safe and seaworthy condition.]

In 2004, the average number of deficiencies per inspection was 2.3 compared to past rates (in calendar years):

2003: 2.4 2002: 2.7 2001: 3.0
2000: 3.3 1999: 3.9 1998: 4.3

[The declining trend in deficiencies per inspection indicates an overall improvement in the quality of shipping visiting Australian ports over time.]
Cost of promoting a safety culture in the maritime industry (Price)
Target: 2004-2005 estimates: $1.239 million		 During 2004-2005, the cost was $1.256 million.
Sub-Output 1.1.3: Participation and influence in international and regional maritime forums and partnerships

Proportion of finalised major issues of interest to Australia either submitted by Australia or by other States, that were resolved to Australia’s satisfaction (Quality)

Target: 100%

During 2004-2005, there was 98% compliance, with 14 issues identified by Australia, supported by the presentation of 25 papers that were resolved or addressed. One issue on anchoring, mooring and towing equipment was not progressed to the extent sought by Australia. The major issues progressed included:

- Progressing the protective measure of pilotage following provisional designation of Torres Strait as a PSSA.
- Updating ship sewage discharge standards.
- Reviewing the intact stability code.
- Improving loading/stability information for bulk carriers.
- Promoting measures to enhance lifeboat safety.

Cost of participation in international and regional maritime forums and partnerships meetings (Price)

Target: 2004-2005 estimates: $1.235 million

 During 2004-2005, the cost of participation was $1.278 million.

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Letter of Transmission | Role of AMSA | Highlights 2004-2005 | Chairman's Report | Board Members | Corporate Structure | Financial Snapshot and Performance Summary | Overview of Financial Performance 2004-2005 |  Outcomes and Outputs Chart 2004-2005 | Activities in 2004-2005 Output 1.1 | Activities in 2004-2005 Output 1.2 | Activities in 2004-2005 Output 1.3 | Activities in 2004-2005 Output 1.4 | Activities in 2004-2005 Output 2.1 | Corporate Services | Financial Statements | Report of Operations | Freedom of Information | Environmental Performance 2004-2005 | AMSA Service Charter | AMSA Regulatory Plan 2004-2005 | AMSA Information | AMSA Offices | Compliance Index | Glossary | Index

November 2005