Mandatory Reporting Requirements
What authority does Australia have to make ships participate in REEFVTS?
The Great Barrier Reef and Torres Strait Ship Reporting System (REEFREP) was established in 1996 as an interactive mandatory ship reporting system. It was formally adopted by the IMO under the IMO’s Resolution MSC52.66 in accordance with SOLAS Regulation V/11, and later amended by Resolutions MSC.161(78) and MSC.315(88).
The legislative basis for the mandatory ship reporting is the general power within Australia’s Navigation Act 1912 to make regulations to implement SOLAS (s191), and the related power to make Australian Marine Orders (s425(1AA)).
Marine Orders Part 56 (REEFREP) sets out the requirements for ships to report to REEFVTS irrespective of whether they are on overseas, interstate or intrastate voyages.
REEFVTS is operated under joint Australian and Queensland Government arrangements between the Australian Maritime Safety Authority (AMSA) and Maritime Safety Queensland (MSQ). The system is manned on a 24 hour basis from the Vessel Traffic Service Centre, situated in Townsville.
What ships are required to report to REEFVTS?
The following categories of ships are required to report to REEFVTS:
- All ships of 50 metres or greater in overall length;
- All oil tankers, liquefied gas carriers, chemical tankers or ships coming within the INF Code, regardless of length;
- Ships engaged in towing or pushing where it, or the ship being towed or pushed is a ship described in a) or b) or where the overall length of the tow is or exceeds 150 metres.
The overall length of the tow is measured from the stern of the towing vessel to the after end of the tow.
Other vessels transiting the REEFVTS Area may report on a voluntary basis and, if so, are required to adhere to the standard reporting requirements as prescribed in Marine Orders 56.
What about Warships, Naval Auxiliaries and Government ships?
SOLAS Regulation V/12-1 does not apply to any warship, naval auxiliary or government owned or operated ship; however SOLAS does state that “such ships are encouraged to participate in ship reporting systems”.
This approach is fully supported by the Australian Government, and all ships of the Royal Australian Navy (RAN) are expected to participate in REEFVTS on a voluntary basis, along with other ships owned or operated by the Australian Government.
What is expected of the ship’s Master by a Vessel Traffic Service
Co-operation and understanding between the ship and the shore is essential to the safe operation of ships in a Vessel Traffic Service area. Masters are expected to make the best use of a Vessel Traffic Service in navigational decision making.
Ships operating in a Vessel Traffic Service should acknowledge information from the Vessel Traffic Service when asked and respond promptly to inquiries. Masters are expected to adhere to REEFVTS reporting requirements and respond to all warnings and advice. Further they are expected to contact REEFVTS if there is a hazardous situation that may impact on the navigational safety of others.
As in any navigation situation, Masters are expected to exercise good seamanship and comply with the Collision Regulations. The Master of a ship remains at all times responsible for the manner in which the vessel is operated and manoeuvred, and is responsible for the safe navigation of the ship under all circumstances as reflected in the IMO Guidelines for Vessel Traffic Services (Resolution A.857(20)) which explicitly state that:
Decisions concerning the actual navigation and the manoeuvring of the vessel remain with the master. Neither a Vessel Traffic Service sailing plan, nor requested or agreed changes to the sailing plan can supersede the decisions of the master concerning the actual navigation and manoeuvring of the vessel.
Failure to meet reporting obligations
Any Master, or Officer of the Watch at the time, who fails to report in accordance with the reporting requirements, or who wilfully transmits information which is incorrect, false or misleading, will have committed an offence and may be fined if convicted.
Regulation 4 of the Navigation (Orders) Regulations provides:
'4. Offences
- A person commits and offence if the person does not comply with a provision of an order that is made under subsection 425(1AA) of the Act and that is expressed to be a penal provision.
Penalty: 50 penalty units
- An offence against subregulation (1) is an offence of strict liability.
Please note, as at 1 July 2011 the fines are:
- if the offender is a natural person - by a fine of 50 penalty units, currently A$5,500; or
- if the offender is a body corporate - by a fine of 250 penalty units, currently A$27,500.