Guidance for certificates of survey (Scheme S) for domestic commercial vessels

All domestic commercial vessels (DCVs) under the National Law are required to meet applicable design, construction, stability and equipment standards. The way that vessels demonstrate compliance with standards differs depending on whether vessels are Scheme S (in survey) or Scheme NS (non-survey).

Owners of Scheme NS vessels will generally only be required to declare compliance with the relevant standards. All DCVs are required to have a National Law certificate of survey issued by us, unless they are exempt under:

Marine Safety (Certificates of survey) Exemption 2017 (No.2) (also referred to as EX02) or
Marine Safety (Class C restricted operations) Exemption 2017 (also referred to as EX40).

A certificate of survey is evidence that a vessel has been surveyed and meets specified standards for design, construction, stability and safety equipment that apply to the vessel. These standards are set out in Marine Order 503 (Certificate of Survey - national law) 2017 and for some kinds of vessels, modified by our general exemptions.

Vessels required to undergo survey and obtain a certificate of survey are Scheme S vessels.

Generally, Scheme S consists of vessels that:

are more than 7.5 metres in length
operate in A, B or C waters
carry passengers, and
have characteristics associated with a higher level of risk.

If your vessel is a Scheme S vessel, the standards that will apply will depend on whether it is a new, transitional or existing vessel, as defined in Marine Order 503.

EX02 and EX40 exempt some kinds of DCVs from the requirement to have a certificate of survey, which are known as Scheme NS vessels.

My Boat is an online application which will help you to understand the requirements of scheme S and your vessel suitability.

Issue of a certificate of survey for Scheme S vessels

A certificate of survey will normally be issued for a period of five years for each Scheme S vessel. Periodic and renewal surveys are generally required throughout the life of the certificate and to renew the certificate of survey on expiry. The frequency of these surveys will depend on the survey regime that applies to the vessel.

The purpose of periodic and renewal surveys is to ensure that the vessel continues to meet the standards that apply to the vessel as set out in Marine Order 503.

What you need to do under the National System for your Scheme S vessel

What you need to do, and what standards apply to your vessel, depends on whether your Scheme S vessel is:

an existing vessel
a transitional vessel
a new vessel
a heritage vessel
an unpowered barge
a vessel that is surveyed by a recognised organisation.

The below summary of standards for existing vessels, new vessels, and transitional vessels table provides an overview of standards applying to existing, transitional, and new vessels.

Existing vessels

Under section 18 of Marine Order 503, a vessel is an ‘existing vessel’ if the vessel fits within one of the following elements.

Vessel	Elements
Vessel that was constructed before 1 July 2013	The vessel was entitled, or was issued with a survey certificate (however described), to operate in connection with a commercial, governmental or research activity, for the 2-year period ending on 30 June 2013. The entitlement to operate, or the survey certificate issued to the vessel, was provided for under an Australian state, territory or Commonwealth law. The vessel was not a foreign vessel at any time in the 2-year period.
Vessel that was being constructed on 30 June 2013	Design approval for the vessel was lodged and approved before 1 July 2013 for use in connection with a commercial, governmental or research activity. The vessel has been used in connection with a commercial, governmental or research activity in the 2-year period after its completion, if construction is complete.
Vessel that had not commenced construction before 1 July 2013	The vessel was being constructed on 30 June 2016. The vessel has design approval that was lodged before 1 July 2013, and subsequently approved, for use in connection with a commercial, governmental or research activity. It has been used in connection with a commercial, governmental or research activity in the 2-year period after its completion, if construction is complete.

The below summary of standards for existing vessels, new vessels, and transitional vessels table outlines the application standards and survey requirements for existing vessels.

Transitional vessels

Under Marine Order 503, a ‘transitional vessel’ is an existing vessel that has:

had any of the changes set out in schedule 1 of Marine Order 503apply with respect to the vessel, or
not had a certificate of survey in force for a period of two or more years.

From 1 January 2018, Marine Order 503 provides a new alternative and flexible set of standards for transitional vessels. Previously an existing vessel that changed its operations or was significantly modified would become a 'new vessel' and would need to meet all new standards contained in the National Standard for Commercial Vessels (NSCV).

This concept flowchart shows the types of changes that if made to or with respect to an existing vessel, will result in it being a transitional vessel.

Alternative standards that apply to an existing vessel that becomes a transitional vessel are set out in schedule 2 of Marine Order 503.

Alternatively, a transitional vessel can voluntarily meet the standards in the NSCV and specific parts of the USL Code that apply to new vessels.

A vessel that is transitional vessel must also be surveyed in accordance with section 4 of NSAMS.

The below summary of standards for existing vessels, new vessels, and transitional vessels table outlines survey requirements for transitional vessels.

Examples of transitional vessels

The following scenario gives an example of the standards that will apply to a transitional vessel based on the change made.

Example
Current certification	Existing vessel that is a Class 2 working boat built to USL Code operating in partially smooth waters. Vessel has been operating commercially as a Class 2 vessel since 2010 and has had a survey certificate in force for the vessel since that time.
Proposed change	Vessel owner proposes to use the vessel as a Class 1 passenger vessel (more than 12 pax). This change is an upgrade in service category. A change of this kind is listed in schedule 1 of Marine Order 503. This means the vessel has triggered and becomes a transitional vessel.
Standards	Clause 1 of schedule 2: a transitional vessel that has triggered in these circumstances can comply with the standards in Table 1 of schedule 2 of Marine Order 503. The vessel would need to be upgraded so that it meets the following standards necessary for a passenger vessel (in addition to continuing to comply with relevant Sections and Sub-sections of the USL Code specified in Table 1): Arrangement, accommodation and personal safety—NSCV Part C1 Fire safety—NSCV Part C4 Electrical—RCD fitted in accordance with AS/NZS 3000 LPG appliances—NSCV Part C5C LPG engines—NSCV Part C5D Intact stability—NSCV Part C6 Safety equipment—NSCV Part C7A (other than Annex I) Communication equipment—NSCV Part C7B Navigation equipment—NSCV Part C7C Anchoring system—NSCV Part C7D (if windage profile has changed) Alternatively, the owner of the vessel can voluntarily opt to bring the vessel up to full compliance with the ‘new vessel’ standards in section 4 of Marine Order 503.
Survey regime	Section 4 of NSAMS

New vessels

Under Marine Order 503, a ‘new vessel’ is a vessel that is not an ‘existing vessel’ or a ‘transitional vessel’.

New vessels must meet the standards for construction, subdivision, stability, fire safety, machinery and associated systems and equipment set out in the NSCV and select sections of the USL Code.

Refer to Table A attached to this Guidance Notice for more information on the application standards and survey requirements for new vessels.

For new Scheme S vessels, apply to your local marine safety agency for plan approval, initial, periodic and renewal surveys.

Heritage vessels

A heritage vessel is a vessel that is:

owned and operated by a not-for-profit organisation, and
listed on the Australian Register of Historic Vessels.

Heritage vessels must have a certificate of survey. However these kinds of vessels do not need to meet any of the survey standards mentioned in Marine Order 503.

If you are applying for a certificate of survey for your heritage vessel, you will need to provide a copy of the vessel’s Vessel Management Plan which has been certified by an accredited marine surveyor with heritage vessel experience.

Unpowered barges

Unless exempt under item 2.1 or item 5 of EX02, or EX40, all unpowered barges must have a certificate of survey. However these kinds of vessels do not need to meet all of the survey standards mentioned in Marine Order 503.

The standards that unpowered barges do not need to comply with to obtain a certificate of survey are set out in the Marine Safety (Unpowered barges) Exemption 2017 (No. 2) (EX41).

EX41 exempts unpowered barges from the requirement to meet certain parts of the NSCV which cannot reasonably be applied to unpowered barges given the technical characteristics of these kinds of vessels, or unnecessary given the kinds of operations unpowered barges are used for.

See Guidance Notice AMSA743 and Fact Sheet AMSA 623 for more information on unpowered barges.

Who can survey my vessel?

Your vessel can be surveyed by an accredited marine surveyor who is accredited to perform the category of surveying being conducted. A vessel may also be surveyed by a recognised organisation.

Electrical surveys, other than surveys for plan approval, can be only be performed by an accredited marine surveyor who is accredited to perform electrical surveys or a person who holds a valid unrestricted electrical licence issued by a state or territory.

If the electrical survey is being conducted by a person holding an electrical licence, they must provide the compliance report to the accredited marine surveyor surveying the vessel as soon as practical after the electrical survey is completed.

Electrical surveys for plan approval can only be performed by an accredited marine surveyor who is accredited to perform the category or categories of survey undertaken.

We maintain a register of accredited marine surveyors detailing the categories of surveying the person is accredited for, and a list of recognised organisations.

Conditions on certificate of survey

Once your vessel has been issued a certificate of survey, it is important that you comply with the conditions of that certificate. These conditions are those in section 7 of Marine Order 503. A certificate of survey may also be subject to additional vessel-specific conditions that we impose.

These conditions include ensuring that the vessel continues to meet the standards, that the vessel continues to be surveyed in accordance with the survey requirements, and that the National Regulator is notified if the vessel or its operations will be changed.

Unless exempt, it is an offence under the National Law for a vessel to be operated where a condition of a certificate of survey is being breached.

Applying for a certificate of survey

To apply for a National System certificate of survey you need to:

Complete the relevant certificate of survey application form AMSA 521 and associated documentation. This is available from us or your local marine safety agency.
Provide the evidence required to support the application.
Pay the required fees.

You can also contact your local marine safety agency for further information about Scheme S.

Apply to vary, suspend or revoke certificate of survey

The owner of a vessel with a certificate of survey can apply to do any of the following:

Vary your certificate of survey to ensure information on your certificate remains accurate (eg change of name, the vessel has been altered—other than a Schedule 1 change—sold or damaged).
Obtain a replacement certificate of survey when your certificate has been lost, stolen or damaged.
Voluntarily suspend a certificate of survey if you wish to voluntarily suspend your certificate of survey for up to 18 months.
Voluntarily revoke a certificate of survey if you wish to voluntarily cancel your certificate of survey permanently.

Suspension or revocation of certificates of survey on the initiative of the National Regulator

Suspension

As the National Regulator we must suspend a certificate of survey if we are satisfied that the suspension is necessary for the purpose of:

protecting human life
securing the safe navigation of vessels
dealing with an emergency involving a serious threat to the environment.

Revocation

As the National Regulator we may, on our own initiative, revoke a certificate of survey if it is desirable to do so having regards to the objects of the National Law. We can also revoke a certificate of survey if:

we consider it necessary in the interest of marine safety or protecting the environment
the certificate was issued error, or
a change mentioned in Schedule 1 has occurred since the certificate of survey was issued.

Summary of standards for existing vessels, new vessels, and transitional vessels

Area	Existing vessel	New vessel	Transitional vessel
Construction, subdivision, stability, fire safety, and machinery and associated systems	Existing vessels surveyed before 1 July 2013—the standards that applied to the vessel when it was last surveyed before 1 July 2013 Existing vessels not surveyed before 1 July 2013—the standards that applied to the vessel when design approval was approved	New vessels that are Class 1, 2 or 3—NSCV Part C1, Part C3, Part C4, Part C5, and Part C6. Plus the following Sections of the USL Code: USL Code Section 5, subsection C, clauses C.42 to C.47, C.49 to C.53, C.54.2, C.55 to C.57, C.61.1, C.61.2a, C.61.3, C.61.3a, C.61.4, C.61.5, C.67, C.68, C.69.1 to C.69.6 and C.70 to C.73 USL Code Section 5, subsection D, clauses D.9 to D.15 and D.18 to D.36; and USL Code Section 7 New vessels that are Class 4—NSCV Part F2 New vessels that are Fast Craft—NSCV Part F1	Transitional vessels that are Class 1, 2 or 3—the standards Table 1 in schedule 2 of Marine Order 503 Transitional vessels that are Class 4—NSCV Part F2 Transitional Vessels that are Fast Craft—standards in Table 1 of schedule 2 of Marine Order 503 Alternately, these vessels can apply the standards that would apply if the vessel was a ‘new vessel’
Equipment standards	The standards that applied to the vessel on 30 June 2013	New vessels that are Class 1, 2 or 3—NSCV Part C7B to C7D New vessels that are Class 4—NSCV Part F2 New vessels that are Fast Craft—NSCV Part F1	Transitional vessels that are Class 1, 2 and 3—NSCV Part C7B, C7C C7D Transitional vessels that are Class 4—NSCV Part F2 Transitional Vessels that are Fast Craft—NSCV Part F1 Alternately, these vessels can apply the standards that would apply if the vessel was a ‘new vessel’
Safety equipment standards	Existing vessels that are Class 1, 2 or 3—the transitional safety equipment requirements in Annex I of NSCV Part C7A Existing vessels that are Class 4—the transitional safety equipment requirements in Part F2 Existing vessels that are Fast Craft—the transitional safety equipment requirements in Part F1	New vessels that are Class 1, 2 and 3—NSCV Part C7A New vessels that are Class 4—NSCV Part F2 New vessels that are Fast Craft—NSCV Part F1	Transitional vessels that are Class 1, 2 and 3—NSCV Part C7A (other than Annex I) Transitional vessels that are Cass 4—NSCV Part F2 Transitional vessels that are Fast Craft—NSCV Part F1 Alternately, these vessels can apply the standards that would apply if the vessel was a ‘new vessel’
Survey regime	Section 4 of NSAMS, Section 14 USL Code, or another survey process that applied to the vessel when last surveyed before 1 July 2013	Section 4 of NSAMS	Section 4 of NSAMS

Related forms

References

Marine Safety (Domestic Commercial Vessel) National Law Act 2012
Marine Order 503 (Certificates of survey national law) 2017
Marine Safety (Certificates of survey) Exemption 2017 (No. 2)
Marine Safety (Class C restricted operations) Exemption 2017
Marine Safety (Unpowered barges) Exemption 2017 (No. 2)

_{Note: this page was previously published as guidance notice AMSA 729}

Last updated: 6 February 2018

Last reviewed: 6 February 2018

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