In this edition

• Commencement of National Standard for Commercial Vessels (NSCV) C2 – Watertight and Weathertight Integrity
• MARS updates - survey reminder letters
• Administration of fees for specific exemption and equivalence applications
• Temporary operations documents
• How AMSA aligned certificates of survey to state issued certificates when Marine Order 503 was updated
• New regulations relating to air pollution from vessels
• Ensuring correct installation of float free EPIRBs

Commencement of NSCV C2 – Watertight and Weathertight Integrity

NSCV C2 came into effect on 1 January 2023 for new vessels. The new standard replaces USL Code Sections 5C, 5D and 7.

NSCV C2 reflects current technology, international standards, and best practice. It also addresses safety risks highlighted by several fatal and serious incidents over the last four decades. These incidents have highlighted the importance of:

• the effectiveness of watertight and weathertight components such as hatches, doors, and through-hull fittings 
• rapid drainage of water from decks 
• reserve buoyancy 
• not overloading. 

NSCV C2 commenced on 1 January 2023 and a generic equivalent solution (GES) has been issued which allows voluntary compliance with either USL or C2 until 1 January 2025. 

MARS updates - survey reminder letters

AMSA is currently working on a MARS update to provide additional survey reminder letters for vessel owners.

Currently, letters are sent to owners for certificate of survey and EX40 vessels;

• at the time of application
• three months before periodic and renewal surveys are due.

The update will see additional reminder letters generated for survey and EX40 applications that remain open for more than three months. These letters will continue to generate every three months until all surveys are completed, or the applicant opts out of receiving the reminders.

An overdue letter will also now generate for periodic surveys which remain open three months past their due date. Only one reminder letter will be sent for overdue periodic surveys.

The reminder and overdue letters will list surveys that have been submitted including the name of the surveyor who has submitted the work and list the incomplete surveys. Additionally, a survey that has been claimed but not completed will show as incomplete with the surveyor listed. 

Example extract from letter

The table below shows the surveys required to be submitted to AMSA for this application and their current status:

The update is currently undergoing final testing by the system developer. We will let you know when the change takes effect.

The additional reminders will provide applicants with greater visibility of their application status. 

Administration of fees for specific exemption and equivalence applications

The fee generated by AMSA when submitting a specific exemption (SPEX) or equivalence (EMOC) application is based on 1½ hours of processing and assessment time. 

It is AMSA’s experience that defensible and well documented SPEX and EMOC applications can be processed within this time  period. However, complex applications may take longer or cannot be assessed due to a lack of information.  

AMSA can provide additional assessment for applicants in these circumstances. However, as a fee for service agency, AMSA is required to charge for assessment of SPEX and EMOC applications on an hourly basis. 

Please be aware that moving forwards, in circumstances where the initial 1½ hour assessment time is exhausted, AMSA may send an updated estimate of the total number of assessment hours and the associated fee payable. An applicant can decide if they would like to pay the additional fee to continue their application or close their application. 

As specified in Section 51(6) of the Marine Safety (Domestic Commercial Vessel) National Law Regulation 2013, this fee must be paid in advance and AMSA is not required to continue to assess the application until the amount specified in the notice is paid.  
If the cost of providing the assessment ends up being less than the estimated fee amount, AMSA will refund an amount equal to the difference between the estimate and the cost of providing the assessment.  

Are you issuing temporary operations documents correctly?

Recently we have seen some accredited surveyors complete the temporary operations section of the AMSA 586 form where the relevant criteria for issue was not satisfied.  

It’s important to know that it is not the issue of the signed document alone that exempts the vessel and allows for temporary operations (under Division 5 or 6 of EX07). The vessel must also comply with all the conditions and criteria for the issue of the document. Getting this wrong has serious consequences for the vessel owner, and subsequently for the surveyor issuing the signed document. It may result in contravention of National Law requirements for vessel certification and affect conditions of the vessel’s insurance coverage.

Under divisions 5 and 6 of EX07 an accredited surveyor or recognised organisation may issue a temporary operations document only when all the relevant criteria are satisfied. The criteria for issue generally includes all the relevant vessel surveys being carried out, and the person who conducted the surveys considering whether the vessel complies with the applicable standards for each division.  

Completion of all the surveys is not the only criteria – for example division 6 requires the surveys to be completed and an application for renewal of the certificate to be submitted within a specified timeframe.  For more information see the instruction to surveyors DCV-ITS-002. Please review this instruction before issuing temporary operations documents under division 5 or 6 of Exemption 7. Note – this instruction also includes information about sea trials documents (division 3).

Examples of incorrect and/or erroneous completion of the temporary operations section of the AMSA 586 form

In July 2022, an AMSA 586 form was erroneously completed by a surveyor for a 31.5m class 2B vessel. The form indicated that only the in-water component of the renewal survey had been completed. The surveyor also incorrectly filled in the division 5 temporary operation section (for periodic surveys) with the intention of giving the vessel an extension of time to complete the renewal surveys. Not only had the vessel not completed all the renewal surveys, but division 5 only applies to periodic surveys (not renewal). 

Division 7 of EX07 is available for a vessel to be operated after the certificate of survey has expired and only the in-water components of the renewal survey have been completed. The operator must make an application using the AMSA 777 form if they wish to utilise Division 7. 

In May 2022 AMSA identified a class 1 vessel that didn’t hold a certificate of survey when it was involved in an incident. Prior to the incident a surveyor completed an AMSA 586 and issued it to the owner with the division 6 temporary operation section completed. 

Despite the surveyor completing the AMSA 586, the criteria for temporary operations under division 6 was not met because a renewal application had not been submitted for the certificate of survey.
For clarity, division 6 also requires the renewal survey to be completed. SAGM Part 2 defines a renewal survey as: 

... surveys undertaken at the end of a survey cycle, while the vessel is out of the water, and while afloat, to determine if the safety systems and safety characteristics of a vessel at that point in time comply with the applicable legislation, exemptions and standards.

Clause 4.11 of SAGM Part 2 sets out the scope and depth of a renewal survey. It requires that the survey must include the examinations, verifications, tests, and trials of the items specified in Table 9 relevant to the survey type. Table 9 also requires shaft and lightship inspections to be completed as a part of a renewal survey.

How AMSA aligned certificates of survey to state issued certificates when Marine Order 503 was updated

All National Law certificates are subject to statutory conditions prescribed by Marine Orders. The statutory conditions mentioned in Marine Order 503 (Certificates of survey – national law) were updated in 2018. 

The effect of those changes was that all domestic commercial vessels with a valid certificate of survey were moved into one of three new survey frequency categories - high, medium, or low (which replaced the previous NSAMS survey levels).

The new statutory conditions relating to survey regimes came into force on 1 July 2018 and apply to the vessel from that date. 

The new survey regimes were assigned to vessels and aligned to the survey due dates on each vessel’s previous state issued certificates.

AMSA re-issued certificates with the updated survey levels and due dates (including updated expiry dates) to assist certificate holders in understanding how the new regimes applied to their vessel and make it easier for them to meet the new statutory conditions in Marine Order 503. 

How did AMSA align certificates to the previously recorded survey dates on state issued certificates?

Chapter 4.11 (and table 9) of SAGM Part 2 requires shaft and / or out of water surveys to be undertaken as part of the renewal surveys.

Using the state data that was available to AMSA at the time, the new survey regimes and expiry dates were based on a combination of the vessels previous survey due dates and expiry dates. 

Those changes along with a copy of the re-issued certificate that showed the updated survey regime, survey and expiry dates were communicated via letter to each certificate holder in July 2018. Reminder letters are posted to advise of both periodic and renewal survey due dates. Certificate holders were also advised to check the updated certificate and contact the Data Verification team (Dataverification@amsa.gov.au) if the updated certificate did not appear to align with the state issued certificate. 

New regulations relating to air pollution from vessels

Marine Order 97 (MO97) deals with the prevention of air pollution from vessels and gives effect to the MARPOL Regulations for the Prevention of Air Pollution from ships (Annex VI). MO97 applies to regulated Australian vessels, domestic commercial vessels, recreational vessels, and foreign vessels.

MO97 has been re-issued and came into effect on 1 January 2023. It implements a new short-term measure adopted by the International Maritime Organization (IMO) to reduce the carbon intensity of international shipping by 40% by 2030. The short-term measure applies to certain types of foreign-flagged and commercial Australian vessels that undertake international voyages. 

MO97 also requires that all marine diesel engines with a power output of more than 130 kW installed on a domestic commercial vessel from 1 January 2023—or that undergo a major conversion from that date—must have on board an EIAPP certificate and associated technical file.    

Any existing diesel engines installed before 1 January 2023 will not require an EIAPP certificate or associated technical file unless the engine undergoes a major conversion or the vessel undertakes an overseas voyage (for example, to undertake maintenance or for delivery).   

Learn more about the new air pollution regulations from 1 January 2023.

Ensuring correct installation of float free EPIRBs

AMSA is urging owners of vessels with float-free EPIRBs onboard to make sure these devices are correctly installed. 

In 2021, there were nearly 50 inadvertent activations of float-free EPIRBs which were the result of incorrect installation.

EPIRBs removed from their float-free housing by vessel owners and replaced incorrectly accounted for numerous inadvertent activations. Incorrect re-installation often resulted in a misalignment between the magnet inside the housing and the reed switch on the EPIRB itself. 

If the magnet and reed switch aren’t aligned exactly as per the manufacturer’s guideline, the EPIRB water sensor can activate when exposed to moisture while still inside the housing – like during a squall or hosing of the vessel. 

With proper installation, float-free EPIRBs are designed to activate only when two things occur:

• the whole device is submerged, and the pressure underwater causes the hydrostatic release unit (HRU) inside the housing to release the EPIRB
• when water activates the sensor on that EPIRB. 

At that point, the EPIRB should float free of the vessel and be actively signalling for help. 

Correct installation of float-free EPIRBs will ensure they function as intended, and that search and rescue resources are not occupied by inadvertent activations.

Keeping beacon registration details up to date also helps search and rescue officers contact beacon owners when their beacons are detected – including for inadvertent activations.  

Please ensure your clients are aware of the manufacturer’s guidelines and AMSA’s beacon registration requirements.

In this edition

• Careers at AMSA
• Audits and application assessments
• Draft Instruction to Surveyors now available - 10 yearly internal inspections
• Periodic lightship check - comparison of departure conditions is not acceptable
• Vessel repairs
• Polyurethane sealant in timber vessels
• Load line conditions of assignment
• Minor fixes can save major costs later

Careers at AMSA

AMSA is looking for individuals who are passionate about helping us achieve our vision of safe and clean seas, saving lives. It’s important and rewarding work and you can join us to play your part.

Click here to see a list of current vacancies, including two Senior Naval Architect positions. 

You can also subscribe for AMSA job alerts by clicking here. 

Audits and application assessments

AMSA audits accredited marine surveyors to ensure the processes set out in the National Law–Marine Surveyors Accreditation Guidance Manual (SAGM), Marine Order 503 and the Marine Safety (Domestic Commercial Vessel) National Law Regulation 2013 (the Regulations) are followed correctly.

In December 2022, AMSA received a complaint from the owner of a 1D vessel regarding deficiencies identified during an out of water survey.

AMSA commenced an audit and requested a list of pending deficiencies from the surveyor, as well as the applicable standards and rules related to the deficiencies.

AMSA found the standards applied for the deficiencies were not applicable for the vessel as per Section 7 of Marine Order 503. The surveyor also failed to follow the relevant process for disputed deficiencies as outlined in SAGM Part 2 Chapter 2.9.4.

The surveyor was issued a counselling letter for contravention of conditions of accreditation.

Draft Instruction to Surveyors now available - 10 yearly internal inspections

AMSA has developed a draft Instruction to Surveyors (ITS) which outlines the processes and acceptable options for internal hull, fuel tank cofferdam, and foam buoyancy inspections required by SAGM Part 2 for a 10-year renewal survey.

Several surveyors have rightly asserted that under the strictest interpretation of 10-year survey requirements, DCVs (particularly smaller vessels) with sealed underdeck spaces, may require extensive and destructive works to permit inspection. This would ultimately lead to greater damage to the vessel and a lower safety outcome than leaving these spaces intact.

As part of the ITS development, AMSA welcomes any feedback from accredited marine surveyors on the form and content of the attached draft. AMSA is particularly interested in the processes that surveyors may already have in place for the inspection of sealed underdeck spaces and foam buoyancy materials, and the condition of these spaces on older vessels undergoing survey.

Any comments and feedback can be directed to dcvsurvey@amsa.gov.au, with ‘DCV-ITS feedback’ in the subject line. This will ensure that all feedback can be easily collected and collated.

Click here PDF203.32 KB to access the draft ITS.

Periodic lightship check - comparison of departure conditions is not acceptable

Recently, an accredited surveyor recommended a periodic lightship check after measuring the vessel’s departure condition and comparing this with the departure values shown in the stability book.

The surveyor concluded there had been no (0%) change in vessel lightship from this measurement and recommended the vessel’s certificate be renewed.

AMSA identified this during assessment of the application and required a lightship measurement to be conducted on the vessel.

The lightship comparison correctly identified that the vessel’s lightship displacement had, in fact, changed by almost 8 tonnes. The vessel was re-inclined, and the VCG had increased significantly.

Comparison of departure conditions is not an acceptable method to assess a vessel’s lightship displacement or determine if any modifications have occurred.

As shown by this case, a comparison of departure condition does not provide evidence that a vessel has not been modified. Whilst a vessel’s loaded displacement may remain constant, other changes may still have occurred, such as replacement of lead ballast with additional tanks, awnings, etc.

For example, in the case of the Returner, the coroner’s report states:  

 103. The AMSA/DoT investigators concluded that if the vessel’s weight (checked through the freeboard) was the sole or deciding factor used to determine whether further testing of stability was required, a false conclusion may have been reached. It appears that this is what did occur. 

Applications recommended with this kind of method may be refused by an AMSA delegate and lead to investigation by AMSA’s surveyor audit team.

Vessel repairs

AMSA recently became aware of several new vessels of a similar design displaying advanced pin hole corrosion in sections of buoyancy tube plating. The vessels were relatively new, undergoing their first renewal surveys when the corrosion was detected.

The severity of the corrosion ranged from relatively minor pitting to larger pits, which a tool could be easily passed through. The range of corrosion identified provides an excellent case study into repair practices and the accredited surveyors’ role in reporting and overseeing the repair process.

Show all / Hide all

Minor repairs

One of the vessels in question had only very minor pitting that was just beginning to show on the outer parts of the hull. The vessel owners wanted to know if a surveyor was required to review, inspect, and approve the repairs. Below are two sections of the solid buoyancy tube requiring repair.

Guidance notice AMSA 830 Are you altering or maintaining a vessel? gives some advice on the difference between vessel alterations and general maintenance. In this case, these are small make good repairs. As per the definition provided:

small ‘make good’ type repairs to existing parts of the vessel (steel, timber, plywood, fibreglass, etc.) provided the area being repaired does not interfere with, compromise, or alter watertight integrity and/or subdivision on the vessel.

Furthermore, the vessel owner had consulted with the builder as to the best course of action. In this instance, they had a repair plan for similar corrosion that had been approved by an accredited surveyor. In other instances, the repairs could be made by a suitably competent person and not specifically overseen by an accredited surveyor, as these are small ‘make good’ repairs.

If an accredited surveyor is unsure as to the severity of the repair and if it requires approval and inspection, they can refer to Marine Order 503 Schedule 1 and AMSA 830 or contact DCVSurvey@amsa.gov.au for further guidance. However, if you are asking the question, it’s probably not minor maintenance and, therefore, worth conducting an approval and inspection. There is no harm in this course of action.

Major repairs & accredited surveyor approval

A major repair that would require accredited surveyor approval is typically when the watertight integrity of the hull or a subdivision on the vessel will be affected. Examples of this could include cropping and replacing large sections of bottom plating, repair of a watertight bulkhead due to collision or other damage.

During this process, if the alterations occur that are listed in Marine Order 503 Schedule 1, an initial survey and application is required.

AMSA can generate ad hoc survey codes for repair surveys where an initial survey and application isn’t required. Email DCVApplications@amsa.gov.au to have an ad hoc survey code issued.

Repair standards

The underlying principle is that the repair will be as strong as the original structure. If modifications are made to improve the structure, such as removal of stress concentrations, additional bracketing, or other items, so much the better.

With respect to welding of aluminium, AMSA provides guidance in DCV-ITS-008 for welder qualifications, as well as guidance on defects and repairs. Additional information can be found in WTIA Technical Note 2.

In terms of the conduct of repairs, AMSA does not have a specified repair standard, only that the repair has the same integrity as the original structure. AMSA does suggest referring to a standard to give an auditable and justifiable rationale to approved repairs.

Principles

Generally speaking, welding of pin hole/pitting in aluminium is not acceptable (as per the definition in Guidance Notice AMSA 830), however, for highly localised repairs in low-risk plating, this could be accepted. The key here is identifying the risk of the defect, the repair and if a systemic problem is present. The consequence of continued failure must also be considered, i.e. there is a lower risk in an aluminium tube (of a solid collar RHIB) than the hull bottom plating. Flooding of the watertight envelope, particularly in the case of a vessel that is not foam filled, is a comparatively higher risk for flooding.

A leak in a tube (particularly if foam filled) is not ideal but most likely won’t directly lead to the vessel taking on large amount of water and/or foundering, compared to a leak in the hull bottom plating in a vessel without buoyancy foam, which could have this outcome.

Ultimately, it is the surveyor’s judgement as to the final repair plan and their satisfaction in the completed repair. In the event of a disagreement with the vessel owner, there is the avenue to submit a disputed deficiency. Refer to SAGM Section 2.9.4 for this process. Note there is a requirement that the details of the dispute are submitted in writing to AMSA, as per SAGM Section 2.9.4 (b)(i).

The presence of corrosion in a relatively new vessel is also a reminder to check items on a vessel regardless of age rather than to assume compliance. It also shows the value of identifying trends in vessels, by type, operations, age, or any other metric.

Furthermore, if in doubt about the level of repair required or to record the results of a minor repair, please don’t hesitate to contact AMSA for guidance.

Polyurethane sealant in timber vessels

AMSA inspectors have noticed an increase in the number of timber vessels with polyurethane sealants used in the underwater plank seams instead of the usual seam putty. Inspectors have identified that these sealants have been coming away from the seams, exposing the caulking and contributing to water leaks and moisture issues on vessels.

AMSA does not recommend the use of polyurethane sealants, because they do not work well in these underwater seams and fall out over time.

AMSA encourages the following best practice recommended by experienced shipwrights:

1. Clean out the seam thoroughly.
2. Paint underwater primer on timber planks.
3. Hammer oakum or cotton caulking.
4. Prime again.
5. Linseed putty with antifoul mixed in (for the putty worm).
6. Prime again.
7. Paint / antifoul.

Load line conditions of assignment

Load line certificates are issued subject to the conditions mentioned in Section 7 of Marine Order 507.

Marine order 507 Section 7 (1) (a) states:

the master must ensure that the conditions of assignment of load lines in the approved form are kept on board the vessel or, where it is impractical to keep the documents on board due to the structure of the vessel, made available on request of a marine safety inspector or the National Regulator.

The load line conditions of assignment must be met before the freeboard is assigned to a ship and a load line certificate is issued.

The conditions of assignment are also referenced during periodic load line surveys to determine if the vessel has been modified and whether guardrails, freeing ports, means of access for the crew, and appliances for the protection of openings are maintained effectively.

AMSA understands for some vessels built and certified before 2013, initial load line survey reports may not be available in records or on-board vessels.

For such vessels, details regarding freeing ports, guardrails, and means of protection and closure of openings (such as hatchways, doorways, ventilation, air pipes, etc) must be recorded during the load line renewal survey.

Accredited surveyors can submit the AMSA 555 Conditions of assignment report together with the AMSA 139 Load line survey report to support the renewal of a load line certificate.

Minor fixes can save major costs later

Updated guidance and templates are now available to help small domestic commercial vessel owners and operators develop and implement a maintenance plan for their operation.

An analysis of 117 reported marine incidents involving DCVs since 2020 found that maintenance failures were a factor in almost one-third. Common deficiencies identified by AMSA relate to the condition of safety equipment and validity of certification associated with these vessel operations, including overdue periodic surveys.

There is more to maintenance than just main engine servicing.

Developing and implementing a maintenance plan, and logging work undertaken, may help prevent a more serious underlying issue from turning into a breakdown, which puts a vessel out of the water and people out of business.

In this edition

• Audits and application assessments
• Monitoring conditions on accreditation
• Recognised Organisation surveys and submissions – common findings
• Simplified stability criteria / stability proof tests on Class 1 vessels over 12 metres
• Vessels permanently connected to shore
• Engine changes
• Alternate survey processes

Audits and application assessments

AMSA conducts audits of accredited marine surveyors to ensure the procedures and protocols set out in the National Law – Marine Surveyors Accreditation Guidance Manual (SAGM) and the Marine Safety (Domestic Commercial Vessel) National Law Regulation 2013 (the regulations) are followed correctly.

The cases below contain examples of major non-conformances.

A certificate of survey application for a new build 2B extended vessel was refused when several major non-conformances were identified. These included but were not limited to:

• The vessel was fitted with non-compliant structural fire protection material
• The fuel tank did not comply with NSCV C5A
• The damage stability did not comply with NSCV C6B
• The vessel was fitted with a stepped collision bulkhead not complying with NSCV C6B 7.3.6
• The stability documentation was missing critical detail and did not comply with NSCV C6C.

The surveyors involved were counselled for contravention of conditions of accreditation.

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Alterations were made to a Catamaran which saw the vessel’s measured length increase by more than six metres.

As part of an application for a new certificate of survey, the plan approval activity was recommended listing the original measured length prior to the alterations. No compelling justification for the initial measurement being maintained was provided by the plan approval surveyor following requests for information. The measured length of the vessel had not been calculated in accordance with NSCV Part B and this had substantial implications for the certification and operation of the vessel.

The Plan approval surveyor was issued a counselling notice for contravention of conditions of accreditation.

The surveyor who conducted the Commissioning, Initial Hull Structure, and Initial Fire Systems & Fitout surveys failed to notify AMSA of the incorrect measured length despite the extension being in the survey scope. The surveyor was sent a notice of assessment finding letter and educated with regards to their regulatory responsibilities.

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A surveyor failed to conduct a periodic lightship verification during the renewal survey of a 12.65m class 1 vessel. Instead, the surveyor recommended the periodic lightship check with a declaration signed by the vessel owner.

The surveyor undertook a lightship check as a corrective action following an audit. However, AMSA noted the lightship report did not conform to the requirements of SAGM part 2 Chapter 4.9 for the following reasons:
 

• Lightship details were marked as not applicable with the comment – No hydrostatic data
• The percentage difference in change in displacement and LCG were not determined

Based on the failure to establish the variation in displacement and LCG, follow up action was required by the local AMSA office with the vessel owner to demonstrate that the vessel’s stability remains adequate for the intended operations.

The surveyor was issued a counselling letter for contravention of conditions of accreditation.

Monitoring conditions on accreditation

There are some accredited surveyors with monitoring conditions placed on their accreditation.

Surveyors should check their current notice of decision letter and follow the process below if there is a monitoring condition imposed.

I have a monitoring condition on my accreditation, what do I need to do?

• advise the accreditation team by email to dcvsurvey@amsa.gov.au well in advance of undertaking a survey related to the monitoring condition
• when advising the accreditation team, ensure you provide full details of the survey you intend to undertake (i.e., date, time, vessel name, UVI, hull material, length, vessel class and type, location, type of survey, survey codes and owner’s details)

What happens after I have notified the accreditation team of an upcoming vessel survey and details?

An AMSA representative will communicate with you and arrange to either:

• meet you at the vessel location; or
• may discuss the survey plan and later review and countersign the survey report.

What happens after the survey has been completed and monitored by an AMSA representative?

• upon completion of the monitoring survey the AMSA representative will contact you and provide a signed report of the outcome.
• once all monitoring conditions have been completed, AMSA will vary your accreditation to remove the conditions from your accreditation.
• you will receive a new notice of decision letter and our records will be amended accordingly

Your accreditation is subject to the conditions in Division 3.3 of the Marine Safety (Domestic Commercial Vessel) National Law Regulation 2013. A failure to comply with these conditions of your accreditation, may lead to a variety of compliance measures in accordance with AMSA’s Compliance and Enforcement Policy.

It is in your best interests to notify AMSA of your intention to undertake a monitoring survey so we can assist you with having the conditions removed.

Recognised Organisation surveys and submissions – common findings

While acknowledging the high quality of surveys performed by most of the Recognised Organisations (ROs) on DCVs, AMSA has also noticed several inconsistencies and deficiencies related to some vessels surveyed and recommended by RO surveyors. AMSA has invested significant time assessing these applications. On numerous occasions, AMSA has identified gaps in submissions from requirements of the National Law and incomplete responses to requests for information. This has led to delays of several months in some instances.

Below is a list of common findings identified in the past few months. AMSA encourages all RO surveyors to consider these items prior to making a recommendation to avoid delays, refusals, and compliance action on vessels.

1. Several vessels were recommended for B waters operations without being fitted with adequate communication equipment required by NSCV C7B. (e.g. a vessel was fitted with VHF only and not fitted with HF Radio or satellite phone, as required for B waters).
2. Several vessels were noted to be recommended without assessment or approving documents for NSCV C1 requirements in relation to accommodation arrangements. (e.g. accommodation level assigned for vessels does not comply to NSCV C1 4.2).
3. Several vessels were noted to be non-compliant with additional stability requirements of NSCV C6A. (e.g., Tugs not complying with the towing stability criteria as per NSCV or alternate criteria specified as per GES 2015/03).
4. Several vessels were not assessed and recommended appropriately for the relevant Flooding Risk Category as per NSCV C6B. (e.g., confirmation not provided for compliance to Flooding Risk Category).
5. Where vessels changed flag from a foreign flag to become a DCV, some vessels were recommended with Conditions of Class relating to serious deficiencies (both class and statutory items) without prior approval from AMSA. (e.g., Main/Emergency Air Receiver found pitted and holed at bottom was accepted with temporary repairs and a Condition of Class imposed without prior approval from AMSA).
6. Several vessels were noted to have Conditions of Class related to serious statutory deficiencies, without raising them in AMSA 586 and obtaining prior approval (e.g., Conditions of Class on damaged fire main, magnetic compass, fire door etc.). As ROs do not have the authorisation to issue certification under the National Law, RO’s should not issue conditions related to statutory items for DCV’s.
7. Several vessels have been recommended using the Initial Fire Systems and Fitout Materials Survey (IFIR) code in MARS with a Class Certificate. AMSA Form 575 or an equivalent checklist developed by the RO must be provided.  A Class Certificate is not evidence of fire safety compliance.
8. Recent AMSA inspections of vessels within a week of RO surveys have identified several detainable deficiencies. (e.g., Fire detection and alarm system not operational, fixed fire extinguishing system in engine room not ready for use in an emergency, HF equipment defective).

Simplified stability criteria / stability proof tests on Class 1 vessels over 12 metres

Stability assessments may be conducted to simplified stability criteria in NSCV C6A Chapter 7 through the application of a stability proof test. This provides a simpler method of intact stability assessment, without the need to determine lightship particulars, loading conditions, KN data and hydrostatic data. Vessel hydrostatic data may still be required for verifying damage stability compliance.

SAGM Part 2 Chapter 4.9 requires vessels to periodically verify lightship particulars to confirm the vessel stability compliance remains valid. Class 1 vessels up to 12 metres in length and class 2 and 3 vessels can use the lightship declaration method. However, class 1 vessels over 12 meters cannot use a lightship declaration and must verify their lightship displacement at 5 yearly intervals.

Generally, this can be achieved through repeating the stability proof test or through confirming drafts or freeboards against a known load condition when the vessel stability compliance was first established (some stability assessments do use simplified stability criteria combined with hydrostatic data and a numerical analysis, these vessels can conduct a lightship assessment per NSCV C6C).

To allow comparison to a known loading condition at renewal survey it is recommended that freeboards are documented for a “near lightship condition” in the vessel stability compliance report (noting the NSCV C6A 8.6.5.1 requirement, lightship with incline weights onboard to represent full tanks may be the easiest to reproduce periodically). The stability compliance report should also include the precise locations for taking freeboards, in the form of sketches or annotated photos to reduce sources of error.

As most vessels assessed to simplified stability criteria don’t have hydrostatic data to quantify changes in lightship displacement, AMSA has determined that an accredited surveyor must verify that there has been no significant change in the vessel freeboards or drafts from those recorded at its initial certification in a known load condition. AMSA acknowledge that no significant change is not quantified, however it is expected a surveyor will be able to justify their recommendation with respect to any observed variation and the NSCV criteria at audit.

Where significant change in freeboards or drafts are identified the surveyor should conduct a new stability proof test to ensure compliance with the selected stability criteria.

If stability compliance reports do not include a known load condition, that can be accurately reproduced to identify any change in lightship particulars, then AMSA will require the vessel to undergo a new stability proof test to demonstrate compliance with a deemed to satisfy solution.

Where a vessels stability has been assessed to comprehensive stability criteria, the surveyor must conduct a lightship check in accordance with NSCV C6C.

Vessels permanently connected to shore

AMSA has recently been asked for clarification of the requirements for a floating structure to be considered as permanently connected to shore.

AMSA as the National Regulator cannot provide legal advice on such matters and each case would need to be considered on its unique circumstances. AMSA suggests take the characteristics below should be considered when determining whether a floating structure is permanently connected to shore:

• The floating structure has no propulsion or steering capacity
• The structure has a permanent and secure attachment to shore
• Permanent pedestrian access is provided to the structure
• Power and sewerage connections are in place between the floating structure and shore as applicable
• The floating structure remains in place permanently
• Evidence of a lease or permit for the structure to be in place as appropriate

This is to be considered as general advice only. Operators and Surveyors should seek their own legal advice as and where necessary.

Engine changes

Recently AMSA has fielded enquiries regarding the notification requirements when a vessel undergoes an engine change.

As mentioned in the November 2019 edition of Survey Matters, an AMSA 1847 form with supporting documentation must be submitted for engine changes on EX40 and certificate of survey vessels.

Under Marine Order 503 Schedule 1 clause (6)(b) – an increase in propulsion power for an existing vessel, that invalidates the assumptions and calculations used for structural or stability assessment, triggers the transitional vessel requirements.

EIAPP certification, issued in accordance with MARPOL Annex VI is required for vessels fitted with a new diesel engine after 30 June 2018, that has a propulsion power >130 kw, unless covered by Exemption 44.

Under Marine Safety (Domestic commercial vessels-EIAPP certificate) Exemption 2021 (Exemption 44), DCV owners and operators are exempt from holding an EIAPP certificate provided they hold acceptable alternative documents stating or showing that each installed engine is likely to comply with the applicable emission limits or tiers that apply to it under regulation 13 of Annex VI. Acceptable alternative documents are:

• a product manual from the engine manufacturer
• correspondence from the engine manufacturer
• emission certification issued by or for an International Maritime Organization member state
• a statement of compliance issued by a recognised organisation

Alternate survey processes

There are many vessels, which for varied reasons cannot follow the phases of initial survey set out in SAGM Part 2 Chapter 3.8. A common example is a vessel which has triggered full initial survey and must undertake an initial hull survey. For any number of reasons this might not be possible or appropriate.

As a result, the alternate survey process exists to allow for approved deviations from the survey process prescribed by SAGM and Marine Order 503. SAGM Part 2 Chapter 3.8 (2) states:
 

The key being ‘…approved otherwise in writing.’ All deviations from the survey process require this written approval from AMSA.

The AMSA 1854 form shall be completed and emailed to dcvsurvey@amsa.gov.au along with supporting information. It is important that the application explains why the defined process cannot be followed and proposes an alternate process.

To take the example from above, think of an aluminium fishing vessel currently in survey with a geographic restriction to South Australia. Full initial survey is required to remove this restriction. In this example the hull hasn’t been altered, the vessel has a current certificate of survey and has been maintained in survey for the vessel’s life. To perform an initial hull survey would be challenging. It could be proposed on the AMSA 1854 form to perform a 10 yearly hull inspection in lieu of the initial hull survey.

There are any number of different cases in this instance, but it is critical that the approval is made in writing from the national regulator. This saves time and gives greater certainty when submitting survey recommendations for a vessel that is slightly out of the ordinary.

Seafarers have helped in maintaining the vital flow of goods like food, despite the added pressures caused by the pandemic and what this means for them personally.

We spoke to Oliver Krcoski at Austral Fisheries to find out how the pandemic has affected crew on their vessels and how Austral Fisheries mitigated the risks and concerns.

Based in Perth, WA, Austral Fisheries runs three separate operations—the Southern Ocean, Northern Prawn and Timor Reef fisheries. 

Crew working the Timor Reef fishery out of Darwin are out at sea for eight or nine days at a time, but the Prawn seasons can keep crew away from families for up to 16 weeks.

Austral Fisheries Health, Safety and Environment Advisor, Oliver Krcoski, said that when COVID-19 emerged the crew’s immediate concern was their livelihood and getting out to sea.

‘As COVID-19 came to Australia and started spreading before the start of the first prawn season of the year, there was a lot of anxiety amongst our personnel about whether they would go out to sea at all,’ he said.

‘As a company, we really had to assess that risk. It was clear that the success of our operations depended on how well we could manage the COVID-19 threat.’

Once Austral Fisheries made the decision to keep operating, they moved quickly to develop and implement policies and procedures to get crew out at sea without recording any cases of the virus. 

They prepared COVID-19 information packs for crew, outlining the risk assessment that needed to be made before people boarded vessels, the boarding procedure, the required PPE, and information from the Australian Government Department of Health about COVID-19.

‘We got in contact with everyone early on to inform them they would be flying in at least two weeks prior to departure, so that we could isolate and monitor them during that period,’ Oliver said.

‘A couple of crew couldn’t get there in time to quarantine and we unfortunately had to leave them behind to protect the rest of the crew and the operation.’

But once crew had done the quarantine and got out at sea where they knew the drill, the distraction generally turned to what was happening away from the vessel and how they would get home. 

‘At sea crew were worried about their family and friends back home—everyone has someone back home that might have lost a job or suffered in some way with the situation being so uncertain,’ he said. 

When various states closed their borders, this initially complicated matters for Austral Fisheries which operated between the Northern Territory and Queensland but because they were able to demonstrate their planning and risk mitigation, they had no trouble getting an exemption to cross into the Northern Territory. 

However the closing of borders was a cause of anxiety for some crew. 

‘A couple of the guys had newborns coming and were worried about whether they would get home in time and whether the hospitals would let them see their families,’ Oliver said.

‘We did our best to absorb as much of that stress as possible by taking care of the administrative work involved in crossing borders—such as writing letters from the employer to say they had been working in the essential services industry—and I think they found that quite reassuring,’ Oliver explained.

Oliver said that despite the additional burden caused by COVID-19, none of the crew showed signs of being stressed to the point of it impacting on the way they worked or the level of safety they exercised. 

‘We were very aware as a management team that it could impact their mental health and ability to stay focussed and we tried to alleviate this stress getting exemptions for them to cross borders to get home,’ Oliver explained. 

‘Last year we also gave formal safety training to all our skippers, which also looked at mental health impacts on crews, so our skippers are somewhat aware of when someone is concerned and they report that back to us. If people want to get off the vessel for whatever reason we are able to arrange that quickly,’ he said.

Oliver explained that all kinds of challenging situations out at sea became a little bit more challenging with COVID-19—crew not being able to get off the vessel during port stops and having to apply for exemptions before they can access medical assistance for general health problems—but the crew have handled it well.

‘Considering that when COVID-19 emerged one of the cards on the table was to call the season off all together, I’m grateful we have been able to keep our crew out of harm’s way and keep operating.’ 

Purpose

The purpose of these terms of use is to:

• affirm that contributions to the Australian Maritime Safety Authority's (AMSA) online spaces including our Facebook and X pages are welcomed from all, and
• ensure that contributions are appropriate, respect the needs and sensitivities of others and are lawful.

These terms of use are in addition to any user policy or terms and conditions imposed by the host.

Use of AMSA’s social media channels

AMSA’s social medial channels are open forums and we ask that you follow our posting guidelines as outlined within these terms of use. If you choose to view, post or comment on, or otherwise use any AMSA social media channels, you will be taken to have entered into a binding legal agreement with AMSA to comply with these terms of use. Please read them carefully.

Comments are open to all, will be available online as posted (subject to these terms of use), and will be monitored by AMSA staff. Commentary, opinion and reaction to web content published by AMSA is welcome as part of our commitment to encouraging community engagement with our services and programs. Comments should be relevant to the specific post or record to which they are attached.

You accept that AMSA will moderate its social media channels as far as possible in accordance with its moderation policy as set out further below. You further agree that AMSA’s moderation will occur entirely at AMSA’s discretion.

Do not use AMSA’s social media channels to report an emergency situation to AMSA.

In the event of an emergency, contact AMSA immediately on the details provided in the contact us section of our website.

Inappropriate comments

You agree to only use the AMSA social media channels for lawful purposes and in a manner that does not infringe the rights of, or restrict the use and enjoyment of the channel, by any other person.  

Therefore, in using AMSA’s social media channels, you agree:

• to always comply with the terms of use of any social media platform (such as Facebook, X and YouTube) that hosts AMSA’s social media channels
• to always treat other people using the social media platforms with respect and courtesy
• not to use the social media channels to defame, libel, insult, abuse, harass, stalk, threaten or attack anyone
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This is an apolitical site and as such, posts that are political in content and/or nature will be removed.

Breaches of this policy

If you breach these terms or use AMSA may remove or refuse to post any material you have submitted.  AMSA may suspend or ban contributors from making submissions where there have been serious or repeated breaches of the conditions set out in these terms of use.  AMSA may also report your conduct to the owner of the relevant social media platform and/or to any appropriate law enforcement authorities, or take any other action, including legal action, which AMSA considers to be appropriate. 

Moderation policy

We encourage your comments and hope you will join the discussions. Our moderation process aligns with the AMSA Code of Conduct. This helps ensure that spam or comments that breach the terms of use are not published. All AMSA social media accounts will be monitored and actively moderated during standard operating hours only: Monday to Friday 9:00am to 5:00pm AEDT (unless otherwise stated and excluding public holidays).

Please make sure you comply with the terms of use for our social media channels. AMSA uses a post–moderation process: your comment is published immediately. The Australian Government has strict guidelines on discrimination and intimidation. Therefore we take a strong stance on deleting content which is illegal, discriminatory, hateful or threatening; and actions which may offend, insult, humiliate or intimidate or otherwise breach these terms of use.

AMSA greatly appreciates receiving feedback and suggestions via social media channels and will maintain consistent monitoring. However, we may not respond directly to individual messages but rather choose to respond if there is an on–going theme identified by relevant discussion groups.

There may be times when posts or comments that breach these terms of use appear on a channel before they can be removed. Please contact the social media team (details below) if you are aware of any post or comment that is in breach of the policy, and moderators will address the issue appropriately.

X

If you follow @AMSA_News or @AMSAUpdates we will not automatically follow you back. This is to discourage the use of direct messaging, avoid resource wasting spam handling and so that you can also easily identify other key X users that we think are relevant. However, being followed @AMSA_News or @AMSAUpdates does not imply endorsement of any kind.

We welcome feedback and ideas from all our followers, and endeavour to join the conversation where possible. However, we are not able to reply individually to all the messages we receive via X.

We cannot engage on issues of politics or answer question which break the rules of these terms of use.

The usual ways of contacting AMSA (including in emergency situations) are detailed in the contact us section of our website.

AMSA’s rights

AMSA reserves the right to change, add or modify these terms of use at any time. AMSA reserves the right to enforce these terms of use at its discretion.

Social media services may occasionally be unavailable. AMSA accepts no responsibility for lack of service due to downtime.

Licence under which you post content

In posting material to an AMSA social media channel, you agree that you licence (as licensor) that material to the public under a Creative Commons Attribution 4.0 Australia licence. Please read the terms carefully. In licensing your material under this licence, you agree to ensure that you have all necessary rights (including in respect of copyright and other intellectual property rights) from any owners of material which you include in your post in order to lawfully post that material under the Creative Commons Attribution 3.0 Australia licence. You remain entirely responsible and liable for any infringement you may make of another person’s intellectual property rights as a result of your postings to AMSA’s social media channels.

Privacy statement

AMSA records any information posted to these pages and uses that information for the purpose of administering its social media pages and considering and/or addressing any comments made. No attempt will be made to further identify individuals except where authorised or required by law.  AMSA is not responsible for the privacy practices or content of the host or any linked websites.

Users are reminded that social media sites are public spaces on the Internet and interactions are publicly viewable and searchable over time.  Social media services provide their own disclaimers and policies on collection and use of visitor information, over which AMSA has no control.  AMSA encourages users to familiarise themselves with the terms of use of each social media site before use.  AMSA cannot control what members of the public may do with the content you have contributed.

Disclaimer

AMSA does not accept responsibility for any loss, damage, liability, cost or expense however caused or incurred (including through negligence), which you may directly or indirectly suffer in connection with your use of AMSA’s social media channels or any linked site or facility, nor do we accept any responsibility for any loss arising out of your use of, or reliance on, information accessed using AMSA’s social medial channels. This disclaimer does not exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms of use is excluded.

While reasonable efforts are made by AMSA to ensure inappropriate material on its social medial channels is identified and moderated, AMSA does not guarantee that it will identify all inappropriate material or that inappropriate material will be removed in a timely fashion or at all. However, AMSA reserves the right to remove any posts or comments at its sole discretion.

AMSA accepts no responsibility whether expressed or implied for the accuracy, currency and completeness of any information posted on its social media channels or its relevance and suitability for any purpose. AMSA does not endorse or otherwise support any view, opinion or comment posted by a user or contributor on AMSA social media channels. AMSA recommends that users exercise their own skill and care with respect to evaluating such posts or comments and that they carefully evaluate the accuracy, currency, completeness and relevance of the post or comment for their purposes.

AMSA accepts no legal liability whatsoever arising from, or connected to its failure to moderate any post or comment or the use of, or reliance on, any post or comment by a user.

Indemnity

When posting or otherwise communicating content using AMSA’s social media channels, you agree to indemnify AMSA and its employees and agents against any claim by a third party arising out of any breach of these terms of use by you.

General issues

These terms are governed by the laws of the Australian Capital Territory (ACT). You agree to submit to the exclusive jurisdiction of these laws and the courts of the ACT in respect of these terms and your use of AMSA’s social media channels.

Related information

• Our social media presence
• Newsletters

Our charter:

• applies to everyone who interacts with us
• states what you can expect when you interact with us
• asks how you can assist us to provide you with an excellent service
• outlines the steps you can take if you want to provide feedback or make a complaint about our services.

Our role

We are a statutory authority established under the Australian Maritime Safety Authority Act 1990 (AMSA Act), with the primary role to:

• promote maritime safety and protection of the marine environment
• prevent and combat ship-sourced pollution in the marine environment
• provide infrastructure to support safe navigation in Australian waters
• provide a national search and rescue service to the maritime and aviation sectors
• provide, on request, services to the maritime industry on a commercial basis
• provide, on request, services of a maritime nature on a commercial basis to the Commonwealth and/or states and territories.

Our service commitment

We will:

• treat you with courtesy and respect
• invest in innovative and digital solutions to allow you to access our services at a time, place and on a device convenient to you
• be fair, open, and reasonable in all that we do
• give you clear, accurate and timely information or help you to find it
• collect, store, use and disclose your personal information 
• protect and handle your personal information in accordance with our privacy policy. 

Your responsibilities

You can:

• work with us to resolve your enquiry
• understand your requirements and gather information specific to your enquiry
• comply with Australian Government requirements relevant to your enquiry
• be honest, fair, courteous and respectful towards our staff 
• give us relevant, accurate and complete information, and where possible supporting documentation, in a timely manner
• inform us, as soon as possible, of any changes to your circumstances 
• let us know if you have specific requirement. We can arrange for an interpreter service or other assistance to help you understand or access our services
• not offer us gifts, money, or other favours
• report corruption, misconduct and behaviour that is unethical or lacking in integrity.

Our service standards

We aim to provide a consistent and reliable service.

We will strive to:

• acknowledge receipt of enquiries, feedback and complaints within 2 working days
• resolve your enquiry or complaint as soon as we can and within 20 working days. If it takes longer, we will keep you updated on our progress until your enquiry is resolved.
• process your application within the legislated timeframe.

Once you have received our response or solution, please let us know within 5 working days if you’re not satisfied with the outcome. Otherwise, we will assume you are satisfied.

Please note: Working days do not include public holidays, weekends and Christmas shut down period.

Feedback and complaints

Where you believe we have not met your expectations or not conducted ourselves as outlined in our service charter, we support your right to make a complaint.

Read more about making a complaint.

When the vessel YM Efficiency lost 81 shipping containers overboard during heavy seas off the Newcastle-Port Stephens coast on 1 June 2018, the Australian Maritime Safety Authority (AMSA) faced a significant maritime clean-up operation.

First response

AMSA carried out its compliance role to inspect and detain the vessel once it arrived in port and supplied its Challenger Jet to track missing containers. Contractors hired by the ship’s insurers collaborated with NSW Roads and Maritime Services to carry out the initial shoreline clean-up operation.   

Over 1000 tonnes of debris was cleared from around 400 kilometres of coastline, including plastics, wooden furniture, tyres and paper products.

A thorough search for the lost containers using a side scan sonar and a remotely operated underwater vehicle (ROUV) was used to match the containers with the ship’s manifest. Five containers have been recovered and there are 16 containers yet to be found.

Removing the containers 

Removal and disposal of the 60 containers, is scheduled to start in March 2020. The salvage operation is expected to take a month to complete, subject to weather conditions. 

Ardent Oceania is contracted to recover the containers and associated debris from the seabed using the offshore support vessel, MV Pride, which is designed for offshore salvage and construction operations.

MV Pride is 130 metres long and offers 2,000 square metres of deck space and 6,000 tonnes of cargo carrying capacity. MV Pride is equipped with a 250-tonne active heave -compensating subsea crane and a 35-tonne auxiliary crane. The MV Pride contains two ROUV hangars with a dedicated ROUV control room. 

An ROUV will support the operation to:

• manage crane strops and wires
•  cut containers to separate them
• create water egress holes
• pick up loose debris.

A crane will lift each container into a custom-fabricated metal basket, which has small mesh to minimise spillage. On surfacing, the basket and container will be lifted to drain then the container removed by crane for storage on the ship’s deck.

If a container can’t be lifted into the basket, the crane will load debris and container pieces into the basket using a hydraulic grab. Loose debris will be stored in enclosed bins and a small vessel will retrieve any debris that may escape. A crane grab aided by the ROUV will clear the site and the ROUV will carry out surveys to ensure debris is cleared.

Storing the debris

Port of Newcastle is hosting a receiving area where all recovered waste will be managed. The area will be bunded to prevent debris and pollution from entering port waters. Waste will then be classified, stored, transported and disposed of according to NSW Environmental Protection Authority Waste Classification Guidelines.

Cost Recovery

Since the initial clean up AMSA has attempted to engage with the Taiwanese owners of the YM Efficiency, Yang Ming, about their ongoing responsibility to remove the remaining containers from the seafloor. Yang Ming and their insurers Britannia P&I have taken a position that they do not believe that the containers constitute pollution.

The ship’s owners Yang Ming are responsible for retrieving containers and meeting the costs of retrieving containers - the principle being that the polluter pays. Yang Ming’s failure to fulfil their obligations to retrieve the containers has meant that AMSA has stepped in to start the recovery operation. AMSA intends to recover all costs associated with the clean-up from Yang Ming and their insurers Britannia P&I.

Staying in touch

Updates will be available on our operational updates web page in the lead up to operations and throughout March, in addition to images and footage. 

You can also check the website for information on community information sessions taking place in February.

If you would like to be added to our mailing list, email us at: OperationRecovery@amsa.gov.au