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Marine Order 47 (Offshore industry units) 2019

Authoritative Version
AMSA MO 2019/4 Orders/Marine as amended, taking into account amendments up to Marine Order 47 (Offshore industry units) Amendment Order 2020
Administered by: Infrastructure, Transport, Regional Development and Communications
Registered 07 Jul 2020
Start Date 01 Jul 2020

Marine Order 47 (Offshore industry units) 2019

made under the Navigation Act 2012

Compilation no. 1

Compilation date: 1 July 2020

 

This compilation was prepared on 1 July 2020 taking into account amendments up to Marine Order 47 (Offshore industry units) Amendment Order 2020.

Prepared by the Australian Maritime Safety Authority.

 


Division 1     Preliminary...................................................................................................... 3

1        Name of Marine Order.......................................................................................... 3

2        Purpose.............................................................................................................. 3

3        Power................................................................................................................. 3

4        Definitions.......................................................................................................... 4

5        Interpretation....................................................................................................... 5

6        Application.......................................................................................................... 6

7        Equivalents......................................................................................................... 6

Division 2     Certificates issued under the Navigation Act..................................................... 7

Subdivision 2.1  Various matters about certificates......................................................... 7

8        Certificates required............................................................................................. 7

9        Applying for certificates....................................................................................... 7

Subdivision 2.2  MODU safety certificates....................................................................... 8

10      Criteria for the issue of MODU safety certificates.................................................. 8

11      Conditions of MODU safety certificates................................................................ 8

12      Endorsements of MODU safety certificates.......................................................... 9

13      Duration of MODU safety certificates................................................................... 9

14      Variation of MODU safety certificates................................................................... 9

14A   Revocation of MODU safety certificates............................................................... 9

Subdivision 2.3  SOLAS certificates.............................................................................. 10

15      Criteria for issue of SOLAS certificates............................................................... 10

16      Conditions of SOLAS certificates....................................................................... 10

17      Endorsements of SOLAS certificates.................................................................. 10

18      Duration of SOLAS certificates........................................................................... 11

19      Criteria for variation of SOLAS certificates.......................................................... 11

20      Criteria for revocation of SOLAS certificates....................................................... 11

Subdivision 2.4  Non-SOLAS certificates....................................................................... 11

21      Criteria for non-SOLAS certificates..................................................................... 11

22      Conditions of non-SOLAS certificates................................................................. 12

23      Endorsements of non-SOLAS certificates........................................................... 12

24      Duration of non-SOLAS certificates.................................................................... 12

25      Criteria for variation of non-SOLAS certificates.................................................... 13

26      Criteria for revocation of non-SOLAS certificates................................................. 14

Division 3     Requirements for foreign vessels................................................................... 14

27      Foreign vessels................................................................................................. 14

Division 4     Notification and reporting matters.................................................................. 15

28      Notification of planned tows............................................................................... 15

29      Notification of alterations, major renewal or repair on vessel................................ 16

30      Reporting of defects on a regulated Australian vessel......................................... 16

Division 5     Approval matters............................................................................................ 17

31      Approval of in-water inspections......................................................................... 17

Schedule 1     SOLAS certificates — criteria for issue and conditions................................ 18

Schedule 2     Non-SOLAS certificates — criteria for issue and conditions......................... 22

 


Division 1     Preliminary

1          Name of Marine Order

                 This Marine Order is Marine Order 47 (Offshore industry units) 2019.

2          Purpose

                 This Marine Order:

(a)   prescribes matters in relation to the issue of safety certificates for regulated Australian vessels that are offshore industry units; and

(b)   provides requirements for foreign vessels including certification; and

(c)   provides notification requirements for planned tows and other reporting matters.

Note   Other Marine Orders also set out requirements that apply to offshore industry units. For requirements for oil tankers under the International Code on the Enhanced Programme of Inspections during Surveys of Bulk Carriers and Oil Tankers, 2011 adopted by IMO Resolution A.1049 (27), as in force from time to time — see Marine Order 18 (Measures to enhance maritime safety) 2013. For prescribed matters for pollution certificates — see Marine Orders 91, 93, 96 and 97.

3          Power

        (1)     The following provisions of the Navigation Act provide for this Marine Order to be made:

(a)   section 98 which provides that the regulations may provide for safety certificates;

(b)   section 125 which provides that the regulations may make provision in relation to musters, drills, checks of machinery and equipment and other tests;

(c)   section 314 which provides that the regulations may provide for matters relating to certificates;

(d)   subsection 339(2) which provides that the regulations may provide for the matters mentioned in that provision including:

             (i)  the design and construction of vessels;

            (ii)  machinery and equipment to be carried on board;

           (iii)  the operating, maintaining, checking and testing of machinery and equipment;

           (iv)  the stability of vessels;

            (v)  saving of life at sea;

           (vi)  prevention, detection and extinguishment of fires;

          (vii)  the maintenance, testing, survey and certification of vessels.

        (2)     Subsection 339(1) of the Navigation Act provides for regulations to be made prescribing matters required or permitted to be prescribed, or that are necessary or convenient to be prescribed, for carrying out or giving effect to the Act.

        (3)     Subsection 342(1) of the Navigation Act provides that AMSA may make a Marine Order about matters that can be provided for by regulation.

4          Definitions

                 In this Marine Order:

anniversary date, for a certificate, means the day and the month of each year that corresponds to the date of expiry of the certificate.

certificate of classification, for a vessel, means a certificate issued by a classification society on completion of surveys or inspections verifying that the vessel is in compliance with its rules and regulations for the standards of hull, machinery, boilers, electrical equipment and control systems.

classification society means a non-government organisation that:

(a)   establishes and maintains technical standards for the construction and operation of vessels and offshore structures; and

(b)   verifies compliance with its rules and regulations.

Note   For further information about classification societies — see the International Association of Classification Societies’ website at http://www.iacs.org.uk.

Code of Safety for Diving Systems, 1995 means the Code of Safety for Diving Systems, 1995, adopted by IMO Resolution A.831 (19), as amended from time to time.

ISM Code means the International Safety Management (ISM) Code that has the same meaning as in Regulation 1 of Chapter IX of SOLAS.

ISM Guidelines means the Revised Guidelines on the implementation of the International Safety Management (ISM) Code by Administrations, adopted by IMO Resolution A.1071(28), as amended from time to time.

MODU (mobile offshore drilling unit) means a vessel capable of engaging in drilling operations for the exploration for or the exploitation of resources beneath the seabed (eg liquid or gaseous hydrocarbons, sulphur or salt).

Note   This definition is based on the 2009 MODU Code.

MODU safety certificate, for a regulated Australian vessel, means a safety certificate that is:

(a)   issued under section 100 of the Navigation Act; and

(b)   in the form of the certificate set out in the MODU Code that applies to the vessel.

MODU Code means:

(a)   the Code for the Construction and Equipment of Mobile Offshore Drilling Units, 1979, adopted by IMO Resolution A.414(XI), as amended from time to time (the 1979 MODU Code); or

(b)   the Code for the Construction and Equipment of Mobile Offshore Drilling Units, 1989, adopted by IMO Resolution A.649(16), as amended from time to time (the 1989 MODU Code); or

(c)   the Code for the Construction and Equipment of Mobile Offshore Drilling Units, 2009, adopted by IMO Resolution A.1023(26), as amended from time to time (the 2009 MODU Code).

offshore industry unit means a vessel that:

(a)    is for use in any operational activity mentioned in subclause 4(1) or 4(5A) of Schedule 3 to the Offshore Petroleum and Greenhouse Gas Storage Act 2006; and

(b)   does not include a vessel mentioned in subclause 4(6) of that schedule.

Note 1   The definition includes a vessel described in paragraph (a) whether or not the vessel is located in Commonwealth waters that has the meaning given by the Offshore Petroleum and Greenhouse Gas Storage Act 2006.

Note 2   An offshore industry unit does not include a thing that is not a vessel such as a structure. See section 14 of the Navigation Act for the meaning of vessel.

planned tow, for a vessel, means a tow:

(a)   by the vessel of another vessel, from a port to another port or on an overseas voyage, that is planned by the owner of either vessel; and

(b)   that is not a tow of another vessel to assist in an emergency involving a threat to a person’s life or to the environment.

Survey Guidelines under the Harmonised System of Survey and Certification means the Survey Guidelines under the Harmonised System of Survey and Certification (HSSC) 2017, adopted by IMO Resolution A. 1120(30), as amended from time to time.

towing assessment, for a planned tow, means an inspection or survey of:

(a)   1 or both vessels to be involved in the planned tow; or

(b)   the proposed arrangements for the tow.

Note 1   Some terms used in this Marine Order are defined in Marine Order 1 (Administration) 2013, including:

·         cargo vessel

·         length

·         passenger vessel

·         SOLAS.

Note 2   Other terms used in this Marine Order are defined in the Navigation Act, including:

·         foreign vessel

·         issuing body

·         marine incident

·         owner

·         recognised organisation (for organisations that have been prescribed for the definition — see Marine Order 1 (Administration) 2013)

·         regulated Australian vessel

·         vessel.

Note 3   For delegation of AMSA’s powers under this Marine Order — see the AMSA website at http://www.amsa.gov.au.

5          Interpretation

        (1)     In this Marine Order:

(a)   a term that is used but is not defined for this Order, and is defined in SOLAS or the MODU Code has the same meaning as in those instruments; and

(b)   a reference to the MODU Code that applies to the vessel means

             (i)  for a MODU constructed before 1 May 1991 — the 1979 MODU Code; and

            (ii)  for a MODU constructed after 30 April 1991 and before 1 January 2012 — the 1989 MODU Code; and

           (iii)  for a MODU constructed after 31 December 2011 — the 2009 MODU Code.

(c)   mention of the Survey Guidelines under the Harmonised System of Survey and Certification is taken to be a reference to the Guidelines as if in force internationally on a mandatory basis; and

(d)   a reference in Schedule 1 or 2 to complies with, in relation to a Marine Order, means compliance with a requirement of the Order that applies to the vessel or its equipment to the extent it has not been disapplied by any exemption or replaced by any approved equivalent.

        (2)     A reference in SOLAS or the MODU Code to the Administration is taken to mean:

(a)   for a regulated Australian vessel — AMSA; or

(b)   for a foreign vessel — the government of the country whose flag the vessel is entitled to fly.

        (3)     For Regulation 11(c) of Chapter I of SOLAS, the appropriate authority for Australia is AMSA.

6          Application

                 This Marine Order applies to an offshore industry unit that is:

(a)   a regulated Australian vessel; or

(b)   a foreign vessel.

Note   This Marine Order does not apply to a vessel when it is a facility within the meaning of clause 4 of Schedule 3 to the Offshore Petroleum and Greenhouse Gas Storage Act 2006. See section 640 of that Act.

7          Equivalents

        (1)     The owner of a regulated Australian vessel may apply to AMSA for approval of the use of an equivalent in accordance with Marine Order 1 (Administration) 2013.

        (2)     AMSA may give approval of the use of the equivalent if satisfied that:

(a)   for a vessel that is a MODU — the use would not contravene the MODU Code that applies to the vessel; and

(b)   for any other vessel — the use would not contravene SOLAS; and

(c)   the use is at least as effective as compliance with the requirements mentioned in this Marine Order that it replaces.

Example 1

For MODUs, paragraph 1.6.4 of the 2009 MODU Code provides that an Administration may approve an alternate survey programme provided that the extent and frequency of the surveys are equivalent to renewal and intermediate surveys. For more details, see AMSA's website at https://www.amsa.gov.au.

Example 2

A performance based inspection (PBI) programme may be approved if AMSA is satisfied it is equivalent to survey arrangements required under this Marine Order. An equivalent survey arrangement should be developed by the owner of a vessel in conjunction with the vessel's recognised organisation. The arrangement may use a risk based methodology to outline matters including survey planning, the inspection cycle, structural condition and predicted modelling, evaluation reporting, repair and maintenance and appropriate documentation matters. For more details — see AMSA's website at https://www.amsa.gov.au.

        (3)     In this section:

equivalent, for a vessel other than a MODU, means an alternative arrangement for the survey or inspection of the vessel.

use, for a vessel other than a MODU, means implementing or following a procedure for the implementation of an alternative arrangement for the survey or inspection of the vessel.

Note 1   For the definitions of equivalent and use that apply in relation to a MODU — see Marine Order 1 (Administration) 2013.

Note 2   The effect of this provision is that: (a) for a SOLAS certificate — the application for the approval may only relate to survey arrangements mentioned in Subdivision 2.3 and Schedule 1; and (b) for a non-SOLAS certificate — the application for the approval may only relate to survey arrangements mentioned in Subdivision 2.4 and Schedule 2. However, for a MODU safety certificate, application for the approval is not restricted to survey arrangements and may also relate to the matters mentioned in the definition of equivalent in section 6 of Marine Order 1 (Administration) 2013 to the extent those matters are requirements of this Marine Order.

Note 3   For an equivalent mechanism for the survey arrangements required by Marine Order 18 (Measures to enhance maritime safety) 2013 — see section 11 of that Marine Order.

Note 4   AMSA may revoke any approval if AMSA is no longer satisfied that use of the equivalent is at least as effective as compliance with the requirement in this Marine Order that it replaces.

Division 2     Certificates issued under the Navigation Act

Subdivision 2.1    Various matters about certificates

8          Certificates required

        (1)     A regulated Australian vessel must have the following kinds of safety certificates:

(a)   for a vessel that is a MODU — a MODU safety certificate; and

(b)   for a vessel required under Regulation 12 of Chapter I of SOLAS to be issued a certificate— a corresponding certificate specified in Schedule 1; and

(c)   for a vessel not required under Regulation 12 of Chapter I of SOLAS to be issued a certificate or a cargo vessel <500 GT — a certificate specified in Schedule 2.

        (2)     A certificate specified in Schedule 1 is also referred to as a SOLAS certificate in this Marine Order.

        (3)     A certificate specified in Schedule 2 is also referred to as a non-SOLAS certificate in this Marine Order.

Note   It is an offence under sections 103 and 104 of the Navigation Act if a vessel is taken to sea without a safety certificate of a specified kind in force for the vessel.

9          Applying for certificates

        (1)     For section 99(1) of the Navigation Act, the following certificates are specified as safety certificates for which a person may apply:

(a)   a MODU safety certificate;

(b)   each certificate mentioned in Schedule 1;

(c)   each certificate mentioned in Schedule 2.

        (2)     Division 3 of Marine Order 1 (Administration) 2013, other than section 17, applies to an application to AMSA for a certificate mentioned in subsection (1).

Note 1    An issuing body may issue a safety certificate under section 100 of the Navigation Act.

Note 2   Division 3 of Marine Order 1 (Administration) 2013 prescribes some general rules about the making and determination of various kinds of applications. Section 17 of that Marine Order provides for internal review of decisions about applications. That section does not apply to decisions about safety certificates because those decisions are reviewable by the Administrative Appeals Tribunal — see subsection 313(1) of the Navigation Act.

Subdivision 2.2    MODU safety certificates

10        Criteria for the issue of MODU safety certificates

                 For paragraph 100(1)(b) of the Navigation Act, the criteria for the issue of a MODU safety certificate are the following:

(a)   the vessel is a MODU;

(b)   if the vessel has an arrangement with a classification society for survey and inspection — a valid certificate of classification;

(c)   the vessel has completed an initial or renewal survey conducted by an issuing body in accordance with the MODU Code that applies to the vessel;

(d)   the vessel meets the standards, including arrangements, mentioned in the MODU Code that applies to the vessel.

11        Conditions of MODU safety certificates

                 For paragraph 100(2)(a) of the Navigation Act, a MODU safety certificate is subject to the conditions that:

(a)   the vessel and its equipment are maintained in accordance with the MODU Code that applies to the vessel; and

(b)   the MODU Code that applies to the vessel and Chapter 14 of the 2009 MODU Code are on board the vessel at all times and available to seafarers; and

(c)   the vessel complies with Chapter 14 of the 2009 MODU Code whether or not that Code applies to the vessel; and

(d)   for any gas cylinder on the vessel — its stowage is:

             (i)  separate from any cylinder of breathing medium for use in diving operations; and

            (ii)  at least 3 m from accommodation areas, the navigating bridge and the radio room; and

(e)   the owner of the vessel can demonstrate that an arrangement for the transfer of personnel by a safe means is implemented on the vessel; and

(f)    the following is available for perusal on the vessel without the need for any seafarer to request access:

             (i)  the determination required under section 51 of the Navigation Act;

            (ii)  any safe manning document determined under subsection 10(2) of Marine Order 21 (Safety and emergency arrangements) 2016; and

(g)   the survey of the vessel, and inspection of the outside of the bottom of the vessel, is conducted by an issuing body in accordance with the MODU Code that applies to the vessel; and

(h)   the certificate is endorsed following the completion of the annual survey, intermediate survey or inspection of the outside of the bottom of the vessel; and

(i)    after any survey required by this Marine Order has been completed, any change to the structure, equipment, fittings, arrangements or material covered by the survey, other than the direct replacement of equipment or fittings, is approved by the issuing body.

Note 1   The safe transfer of personnel is an arrangement to be addressed in a vessel’s safety management plan. Information on industry best practice is available in the latest editions of Guidance on the transfer of personnel to and from offshore vessels (published by IMCA) and Health and Safety in Shipboard Work, including Offshore Support Vessels (Seacare Authority Code of Practice Approval). Marine Order 58 (Safe management of vessels) 2020 sets out operational obligations under the International Safety Management Code for vessels to which Chapter IX of SOLAS applies.

Note 2   An issuing body may impose other conditions on a safety certificate — see paragraph 100(2)(b) of the Navigation Act.

12        Endorsements of MODU safety certificates

                 An issuing body may make an endorsement to a MODU safety certificate following the completion of any survey, or inspection of the outside of the vessel's bottom.

Note   It is practice for an issuing body endorsing a certificate to be the same as the issuing body that originally issued the certificate.

13        Duration of MODU safety certificates

        (1)     A MODU safety certificate comes into force in accordance with the MODU Code that applies to the vessel.

        (2)     A MODU safety certificate remains in force for 5 years unless:

(a)   a shorter period is specified in the certificate; or

(b)   the certificate ceases to be in force in accordance with the MODU Code that applies to the vessel.

14        Variation of MODU safety certificates

                 For section 101 of the Navigation Act, the criteria for variation of a MODU safety certificate are:

(a)   the conditions on the certificate have been complied with; and

(b)   the variation is in accordance with the MODU Code that applies to the vessel.

Note   A variation may appear in the form of an endorsement on a certificate.

14A     Revocation of MODU safety certificates

                 For section 102 of the Navigation Act, the criteria for revocation of a MODU safety certificate are that:

(a)   a condition of the certificate has been, or is likely to be, breached; or

(b)   the owner of the vessel for which the certificate is issued has requested the revocation; or

(c)   the certificate contains incorrect information.

Subdivision 2.3    SOLAS certificates

15        Criteria for issue of SOLAS certificates

                 For paragraph 100(1)(b) of the Navigation Act, the criteria for the issue of a SOLAS certificate are:

(a)   for a certificate of a kind specified in Schedule 1 — those mentioned for the certificate in that schedule; and

(b)   if the vessel has an arrangement with a classification society for survey and inspection — a valid certificate of classification; and

(c)   if the vessel has fitted a fixed diving system constructed after 23 November 1995 — the vessel has a diving safety certificate issued by a recognised organisation in accordance with the Code of Safety for Diving Systems, 1995.

16        Conditions of SOLAS certificates

                 For paragraph 100(2)(a) of the Navigation Act, a SOLAS certificate is subject to:

(a)   the conditions mentioned in Schedule 1 for the kind of certificate specified in that schedule; and

(b)   the owner of the vessel demonstrating that an arrangement for the transfer of personnel by a safe means is implemented on the vessel; and

(c)   for any gas cylinder on the vessel — its stowage is:

             (i)  separate from any cylinder of breathing medium for use in diving operations; and

            (ii)  at least 3 m from accommodation areas, the navigating bridge and the radio room.

Note 1   The safe transfer of personnel is an arrangement to be addressed in a vessel’s safety management plan. Information on industry best practice is available in the latest editions of Guidance on the transfer of personnel to and from offshore vessels (published by IMCA) and Health and Safety in Shipboard Work, including Offshore Support Vessels (Seacare Authority Code of Practice Approval). Marine Order 58 (Safe management of vessels) 2020 sets out operational obligations under the International Safety Management Code for vessels to which Chapter IX of SOLAS applies.

Note 2   An issuing body may impose other conditions on a safety certificate — see paragraph 100(2)(b) of the Navigation Act.

17        Endorsements of SOLAS certificates

                 An issuing body may make an endorsement to a SOLAS certificate following the completion of any survey, or inspection of the outside of the bottom of the vessel.

Note 1   It is practice for an issuing body endorsing a certificate to be the same as the issuing body that originally issued the certificate.

Note 2   See the following regulations of Chapter I of SOLAS for information about required endorsements — Regulation 8(c) for endorsement of Cargo Ship Safety Certificates, Regulation 9(c) for endorsement of Cargo Ship Safety Radio Certificates, and Regulation 10(c) for endorsement of Cargo Ship Safety Construction Certificates.

18        Duration of SOLAS certificates

        (1)     A SOLAS certificate comes into force in accordance with Regulation 14 of Chapter I of SOLAS.

        (2)     A SOLAS certificate remains in force for the period mentioned in the following table for the kind of certificate mentioned unless:

(a)   a shorter period is specified in the certificate; or

(b)   the certificate ceases to be in force in accordance with Regulation 14 of Chapter I of SOLAS.

Kind of certificate
(SOLAS)

Maximum duration period

Passenger Ship Safety Certificate

1 year

Cargo Ship Safety Construction Certificate

5 years

Cargo Ship Safety Equipment Certificate

5 years

Cargo Ship Safety Radio Certificate

5 years

Cargo Ship Safety Certificate

5 years

19        Criteria for variation of SOLAS certificates

                 For subsection 101(1) of the Navigation Act, the criteria for variation of a SOLAS certificate are that:

(a)   the conditions on the certificate issued for the vessel have been complied with; and

(b)   the variation is in accordance with Regulation 14 of Chapter I of SOLAS.

Note   A variation may appear in the form of an endorsement on a certificate.

20        Criteria for revocation of SOLAS certificates

                 For section 102 of the Navigation Act, the criteria for revocation of a SOLAS certificate are that:

(a)   a condition of the certificate has been, or is likely to be, breached; or

(b)   the owner of the vessel for which the certificate is issued has requested the revocation; or

(c)   the certificate contains incorrect information.

Subdivision 2.4    Non-SOLAS certificates

21        Criteria for non-SOLAS certificates

                 For paragraph 100(1)(b) of the Navigation Act, the criteria for the issue of a non-SOLAS certificate are:

(a)   those mentioned for the certificate specified in Schedule 2; and

(b)   for a cargo vessel >300 GT — it has a Cargo Ship Safety Radio Certificate; and

(c)   if the vessel has an arrangement with a classification society for survey and inspection — the vessel has a valid certificate of classification; and

(d)   if the vessel has fitted a fixed diving system constructed after 23 November 1995 — the vessel has a diving safety certificate issued by a recognised organisation in accordance with the Code of Safety for Diving Systems, 1995.

22        Conditions of non-SOLAS certificates

                 For paragraph 100(2)(a) of the Navigation Act, a non-SOLAS certificate is subject to:

(a)   the conditions mentioned for the certificate specified in Schedule 2; and

(b)   the requirement for the certificate to be endorsed following the completion of the annual survey, intermediate survey or inspection of the outside of the bottom of the vessel; and

(c)   the owner of the vessel demonstrating that an arrangement for the transfer of personnel by a safe means is implemented on the vessel; and

(d)   for any gas cylinder on the vessel — its stowage is:

             (i)  separate from any cylinder of breathing medium for use in diving operations; and

            (ii)  at least 3 m from accommodation areas, the navigating bridge and the radio room.

Note 1   The safe transfer of personnel is an arrangement to be addressed in a vessel’s safety management plan. Information on industry best practice is available in the latest editions of Guidance on the transfer of personnel to and from offshore vessels (published by IMCA) and Health and Safety in Shipboard Work, including Offshore Support Vessels (Seacare Authority Code of Practice Approval).

Note 2   An issuing body may impose other conditions on a safety certificate — see paragraph 100(2)(b) of the Navigation Act.

23        Endorsements of non-SOLAS certificates

                 The issuing body may endorse a non-SOLAS certificate following the completion of the annual survey, intermediate survey or inspection of the outside of the bottom of a vessel.

Note   It is practice for an issuing body endorsing a certificate to be the same as the issuing body that originally issued the certificate.

24        Duration of non-SOLAS certificates

        (1)     A certificate comes into force on the day specified in the certificate, and if no day is so specified, on the day which it is issued.

        (2)     However, for a vessel that has an existing non-SOLAS certificate that has not expired, the new certificate comes into force on completion of the renewal survey.

        (3)     A non-SOLAS certificate remains in force for the period specified in the following table for the kind of certificate mentioned unless a shorter period is specified in the certificate.

Kind of certificate
(non-SOLAS)

Maximum duration period

Certificate of Survey for a Passenger Vessel

1 year from day of issue

Certificate of Survey for a Cargo Vessel*

5 years from day of issue

*The certificate may be issued in parts corresponding to the areas that would be covered by SOLAS certification, ie, Safety Construction, Safety Equipment and Safety Radio.

        (4)     A non-SOLAS certificate ceases to be in force if:

(a)   the vessel ceases to be registered in Australia; or

(b)   any survey or inspection is not completed within the periods specified in accordance with this Marine Order; or

(c)   the certificate is not endorsed in accordance with this Marine Order; or

(d)   the certificate is replaced by re-issue.

25        Criteria for variation of non-SOLAS certificates

        (1)     For subsection 101(1) of the Navigation Act, the criteria for variation of a non-SOLAS certificate are:

(a)   the conditions on the certificate issued for the vessel have been complied with; and

(b)   if the variation is for the harmonisation of survey frequency for a vessel that has both a Certificate of Survey for a Passenger Vessel and Certificate of Survey for a Cargo Vessel:

             (i)  the operational area stated on the Certificate of Survey for a Passenger Vessel is more restricted than the operational area stated on the Certificate of Survey for a Cargo Vessel; and

            (ii)  AMSA is satisfied that the replacement survey frequency is at least as effective as the survey frequency required under this Marine Order for a Certificate of Survey for a Passenger Vessel; and

(c)   if the variation is an extension of the expiry date of the certificate — the vessel is of a kind mentioned in the table in subsection (2).

Note   A variation may also appear in the form of an endorsement on a certificate.

        (2)     For a variation that is an extension of the expiry date of the certificate — AMSA may extend the certificate for the period and subject to the conditions specified in the following table.

Item

Kind of vessel

Period

Conditions

1

A vessel that is not in the port where it is to be surveyed when the certificate expires

(a)     A passenger vessel that is not self propelled and is engaged on short international voyages — up to 1 month from certificate expiry

(b)     Other vessels — 3 months from certificate expiry

(a)   The vessel must travel only to the port where it is to be surveyed

(b)  The vessel must not leave the port where it is surveyed without a new certificate of the same kind

2

A cargo or passenger vessel that has completed a renewal survey but the new certificate cannot be issued or placed on board the vessel before expiry date of the existing certificate

Up to 5 months from certificate expiry

The existing certificate must be endorsed by the issuing body

3

A passenger vessel with certificate issued for a period less than 5 years

 

Up to 5 years from certificate commencement

Surveys and inspections are completed in accordance with this Marine Order as if the vessel were a cargo vessel

4

A cargo vessel with a certificate issued for a period less than 5 years

Up to 5 years from certificate commencement

Surveys and inspections are completed in accordance with this Marine Order

Note   For the meaning of short international voyage — see Regulation 3 of Chapter III of SOLAS.

        (3)     If an annual, intermediate or periodical survey of a vessel is completed before the period required by this Marine Order:

(a)   the anniversary date shown on the certificate may be amended by endorsement to a date that must not be more than 3 months later than the date when the survey was completed; and

(b)   the subsequent annual, intermediate or periodic survey required by this Marine Order must be completed using the new anniversary date; and

(c)   the expiry date shown on the certificate may remain unchanged if at least 1 annual, intermediate or periodical survey is completed so that the maximum intervals between the surveys mentioned in this Marine Order are not exceeded.

26        Criteria for revocation of non-SOLAS certificates

                 For section 102 of the Navigation Act, the criteria for revocation of a non-SOLAS certificate are that:

(a)   a condition of the certificate has been, or is likely to be, breached; or

(b)   the owner of the vessel for which the certificate is issued has requested the revocation; or

(c)   the certificate contains incorrect information.

Division 3     Requirements for foreign vessels

27        Foreign vessels

        (1)     A foreign vessel must:

(a)   have any certificate that is required by Regulation 12 of Chapter I of SOLAS; and

(b)   comply with SOLAS to the extent that it is required to do so by the Administration of the country in which the vessel is registered.

        (2)     However, a foreign vessel that is not required to be issued a certificate in accordance with Regulation 12 of Chapter I of SOLAS must:

(a)   have at least 1 certificate, or other documentary evidence issued by or on behalf of the country in which it is registered, that:

             (i)  attests to the vessel’s seaworthiness; and

            (ii)  includes details of the vessel’s areas of operation, equipment and manning requirements; and

(b)   comply with the requirements of the Administration of the country in which it is registered.

Note   It is an offence under sections 106 and 107 of the Navigation Act if a foreign vessel is taken to sea without a certificate of a specified kind in force for the vessel.

Division 4     Notification and reporting matters

28        Notification of planned tows

        (1)     The owner or master of a vessel that is to tow in a planned tow must ensure that AMSA is notified of the planned tow at least 7 days before the tow commences.

Note 1   For the definition of planned tow — see section 4.

Note 2   For a planned tow, notification might be made by the registered agent, the operator of the towing vessel, or the P&I insurer.

Note 3   For guidance about planning safe tows — see IMO Circular MSC.1/Circ.884 Guidelines for safe ocean towing.

Note 4   For ways of contacting AMSA — see AMSA’s website at http://www.amsa.gov.au.

        (2)     The owner or master of a vessel that is to tow in a planned tow must:

(a)   implement arrangements for a safe towage operation including:

             (i)  completion of satisfactory stability assessment; and

            (ii)  adequate towing equipment; and

           (iii)  appropriate manning; and

           (iv)  crew familiarization with responsibilities and duties including:

(A)    crew training and certification set out in IMO Resolution A.1079(28) Recommendations for the training and certification of personnel on mobile offshore units; and

(B)    fire and abandonment drills in accordance with paragraph 13 of Chapter 14 of the 2009 MODU Code; and

            (v)  safe transfer of personnel to and from tow, if applicable; and

           (vi)  weather forecasting and assessment of environmental conditions; and

          (vii)  emergency and contingency planning; and

         (viii)  adequate cargo securing, if applicable; and

(b)   provide any information that AMSA requests in relation to the planned tow.

Note 1   Examples of information are:

1.       Vessel stability information

2.       A towing survey report

3.       Seafarer certificates of competency and experience in undertaking a tow

4.       Vessel certificates.

Note 2   An inspector may issue a prohibition notice about the conduct of the planned tow if the inspector believes on reasonable grounds that it would involve a serious risk to the health or safety of a person — see section 267 of the Navigation Act. An inspector may also issue directions if the inspector believes a person is not complying with requirements — see section 264 of the Act.

        (3)     The owner of a vessel that is to be towed in a planned tow must ensure arrangements for a safe towage operation are implemented.

        (4)     Arrangements for training and certification set out in IMO Resolution A.1079(28) Recommendations for the training and certification of personnel on mobile offshore units must also be implemented if seafarers are carried on board.

Note   Any regulated Australian vessel that is to be towed in a planned tow may be required to have a manning determination under section 51 of the Navigation Act. See also Marine Order 21 (Safety and emergency arrangements) 2016 for manning requirements that may apply.

        (5)     AMSA may conduct, or arrange for the conduct of, a towing assessment for the planned tow.

Note   For the definition of towing assessment — see section 4.

29        Notification of alterations, major renewal or repair on vessel

        (1)     For paragraph 105(1)(c) of the Navigation Act, the period within which AMSA and each issuing body must be informed of an alteration to a regulated Australian vessel is within 7 days of making the alteration.

Note 1   Section 105 of the Navigation Act provides an obligation to notify AMSA and each issuing body of alterations that affect the safety certificates that a regulated Australian vessel is required to have.

Note 2   For ways of contacting AMSA — see AMSA’s website at http://www.amsa.gov.au.

     (2)     The owner or master of a regulated Australian vessel must also inform AMSA and the issuing body of the details of any major renewal or major repair on the vessel within 7 days of completion of the renewal or repair.

Note   Sections 185 and 186 of the Navigation Act also impose an obligation on an owner and master for the reporting of marine incidents to AMSA. Section 23A of Marine Order 1 (Administration) 2013 prescribes matters in relation to reports for sections 185 and 186.

30        Reporting of defects on a regulated Australian vessel

        (1)     If a defect is discovered on a regulated Australian vessel, the defect must be reported:

(a)   at the earliest opportunity to AMSA; and

(b)   for a MODU — immediately to the appropriate authority of the coastal state in whose jurisdiction the vessel is located; and

(c)   if the vessel is in port of another SOLAS Contracting Government — immediately to the appropriate authority of the SOLAS Contracting Government.

        (2)     In subsection (1):

defect has the meaning given by Regulation 11(c) of Chapter I of SOLAS.

Note 1   An approved form for the reporting of defects to AMSA is available on AMSA’s website at http://www.amsa.gov.au/forms.

Note 2   Under section 185 of the Navigation Act, the owner of a vessel must also report any marine incident to AMSA. Under section 186 of the Navigation Act, the master of a vessel must report marine incidents to AMSA if not reported by the owner. Section 23A of Marine Order 1 (Administration) 2013 prescribes matters in relation to reports for sections 185 and 186.

Division 5     Approval matters

31        Approval of in-water inspections

        (1)     The owner of a vessel may apply to AMSA for approval of an in-water inspection to replace any of the dry-dock inspections required under this Marine Order.

Note 1   An application should be developed by the owner of a vessel in conjunction with the vessel's issuing body.

Note 2   For a SOLAS certificate, the effect of Regulations 7 and 10 of Chapter I of SOLAS and the Survey Guidelines under the Harmonised System of Survey and Certification is that a vessel is required to have 2 dry-dock inspections in the applicable validity period of its SOLAS certificate or International Load Lines Certificate.

Note 3   For a non-SOLAS certificate, the dry-dock inspection requirements are mentioned in the Survey Guidelines under the Harmonised System of Survey and Certification.

        (2)     The application for approval must be made in accordance with Marine Order 1 (Administration) 2013.

Note   Marine Order 1 (Administration) 2013 requires a supporting statement setting out the grounds of the application. It also provides that if a fee is charged the application must be accompanied by the prescribed fee and, if a form is approved for the application, the approved form must be used.

        (3)     AMSA may approve inspection of the outside of the bottom of the vessel to be conducted in-water, in lieu of a dry-dock inspection, if AMSA is satisfied that the in-water inspection is at least as effective as a dry-dock inspection.

Note   For passenger vessels, AMSA may take into account Guidelines for the assessment of technical provisions for the performance of an in-water survey in lieu of bottom inspection in dry-dock to permit one dry-dock examination in any five-year period for passenger ships other than ro-ro passenger ships (MSC.1/Circ.1348).

        (4)     An approval is subject to conditions imposed by AMSA.

Note   Failure to meet any condition imposed on an approval of an in-water survey will result in an obligation for the owner or master to comply with dry-dock requirements required under this Marine Order.

 


Schedule 1    SOLAS certificates — criteria for issue and conditions

(sections 5, 8, 9, 15, 16 and 21)

1.1       Passenger Ship Safety Certificate

Criteria

Conditions

The vessel:

(a)     has been surveyed in accordance with Regulation 7 of Chapter I of SOLAS and Survey Guidelines under the Harmonised System of Survey and Certification; and

(b)     complies with the following Marine Orders:

     (i) Marine Order 12 (Construction — subdivision and stability, machinery and electrical installations) 2016;

    (ii) Marine Order 15 (Construction — fire protection, fire detection and fire extinction) 2014;

   (iii) Marine Order 21 (Safety and emergency arrangements) 2016;

   (iv) Marine Order 25 (Equipment — lifesaving) 2014;

    (v) Marine Order 27 (Safety of navigation and radio equipment) 2016;

   (vi) Marine Order 30 (Prevention of collisions) 2016.

(1)  The vessel and its equipment and appliances are maintained to comply with the Marine Orders specified in column 1.

(2)  Each survey of the vessel that is required by Regulation 7 of Chapter I of SOLAS is completed in accordance with that regulation and the Survey Guidelines under the Harmonised System of Survey and Certification.

(3)  After any survey mentioned in Regulation 7 of Chapter I of SOLAS has been completed, any proposed change to the structure, equipment, systems, fittings, arrangements or material covered by the survey, other than the direct replacement of equipment or fittings, is approved AMSA.

1.2       Cargo Ship Safety Construction Certificate

Criteria

Conditions

The vessel:

(a)     has been surveyed in accordance with Regulation 10 of Chapter I of SOLAS and Survey Guidelines under the Harmonised System of Survey and Certification; and

(b)     complies with following Marine Orders:

     (i) Marine Order 12 (Construction — subdivision and stability, machinery and electrical installations) 2016;

    (ii) Marine Order 15 (Construction — fire protection, fire detection and fire extinction) 2014.

(1)     The vessel and its equipment and appliances are maintained to comply with the Marine Orders specified in column 1.

(2)     Each survey of the vessel that is required by Regulation 10 of Chapter I of SOLAS is completed in accordance with that regulation and Survey Guidelines under the Harmonised System of Survey and Certification.

(3)     Any endorsement required to be made to the certificate under Regulation 10 or 14 of Chapter I of SOLAS are made.

(4)     After any survey mentioned in Regulation 10 of Chapter I of SOLAS has been completed, any change to the structure, equipment, systems, fittings, arrangements or material covered by the survey, other than the direct replacement of equipment or fittings, is approved by AMSA.

1.3       Cargo Ship Safety Equipment Certificate

Criteria

Conditions

The vessel:

(a)     has been surveyed in accordance with Regulation 8 of Chapter I of SOLAS and Survey Guidelines under the Harmonised System of Survey and Certification; and

(b)     complies with the following Marine Orders:

     (i) Marine Order 12 (Construction — subdivision and stability, machinery and electrical installations) 2016;

    (ii) Marine Order 15 (Construction — fire protection, fire detection and fire extinction) 2014;

   (iii) Marine Order 21 (Safety and emergency arrangements) 2016;

   (iv) Marine Order 25 (Equipment — lifesaving) 2014;

    (v) Marine Order 30 (Prevention of collisions) 2016.

(1)     The vessel and its equipment and appliances are maintained to comply with the Marine Orders specified in column 1.

(2)     Each survey of the vessel that is required by Regulation 8 of Chapter I of SOLAS is completed in accordance with that regulation and Survey Guidelines under the Harmonised System of Survey and Certification.

(3)     Any endorsement required to be made to the certificate under Regulation 8 or 14 of Chapter I of SOLAS is made.

(4)     After any survey mentioned in Regulation 8 of Chapter I of SOLAS has been completed, any change to the structure, equipment, systems, fittings, arrangements or material covered by the survey, other than the direct replacement of equipment or fittings, is approved by AMSA.

1.4       Cargo Ship Safety Radio Certificate

Criteria

Conditions

The vessel:

(a)     has been surveyed in accordance with Regulation 9 of Chapter I of SOLAS and Survey Guidelines under the Harmonised System of Survey and Certification; and

(b) complies with Marine Order 27 (Safety of navigation and radio equipment) 2016.

(1)     The vessel and its equipment and appliances are maintained to comply with the Marine Order specified in column 1.

(2)     Each survey of the vessel that is required by Regulation 9 is completed in accordance with that regulation and Survey Guidelines under the Harmonised System of Survey and Certification.

(3)     Any endorsement required to be made to the certificate under Regulation 9 or 14 of Chapter I of SOLAS are made.

(4)     After any survey mentioned in Regulation 9 of Chapter I of SOLAS has been completed, any change to the structure, equipment, systems, fittings, arrangements or material covered by the survey, other than the direct replacement of equipment or fittings, is approved by AMSA.

1.5       Cargo Ship Safety Certificate

Criteria

Conditions

The vessel:

(a)     has been surveyed in accordance with Regulations 8, 9 and 10 of Chapter I and Survey Guidelines under the Harmonised System of Survey and Certification; and

(b)     complies with the following Marine Orders:

     (i) Marine Order 12 (Construction — subdivision and stability, machinery and electrical installations) 2016;

    (ii) Marine Order 15 (Construction — fire protection, fire detection and fire extinction) 2014;

   (iii) Marine Order 21 (Safety and emergency arrangements) 2016;

   (iv) Marine Order 25 (Equipment — lifesaving) 2014;

    (v) Marine Order 27 (Safety of navigation and radio equipment) 2016;

   (vi) Marine Order 30 (Prevention of collisions) 2016.

(1)     The vessel and its equipment and appliances are maintained to comply with the Marine Orders specified in column 1.

(2)     Each survey of the vessel that is required by Regulation 8, 9 or 10 of Chapter I of SOLAS is completed in accordance with that regulation and Survey Guidelines under the Harmonised System of Survey and Certification.

(3)     Any endorsement required to be made to the certificate under Regulations 8, 9, 10 and 14 of Chapter I of SOLAS is made.

(4)     After any survey mentioned in Regulations 8, 9 and 10 of Chapter I of SOLAS has been completed, any change to the structure, equipment, systems, fittings, arrangements or material covered by the survey, other than the direct replacement of equipment or fittings, is approved by AMSA.


 

Schedule 2    Non-SOLAS certificates — criteria for issue and conditions

(sections 5, 8, 9, 21 and 22)

2.1       Certificate of Survey for a Passenger Vessel

Criteria

Conditions

The vessel:

(a)   has completed an initial survey or renewal survey mentioned in the Survey Guidelines under the Harmonised System of Survey and Certification, as if surveyed for a Passenger Ship Safety Certificate; and

(b)  complies with the following Marine Orders:

     (i) Marine Order 12 (Construction — subdivision and stability, machinery and electrical installations) 2016;

    (ii) Marine Order 15 (Construction — fire protection, fire detection and fire extinction) 2014;

   (iii) Marine Order 21 (Safety and emergency arrangements) 2016;

   (iv) Marine Order 25 (Equipment — lifesaving) 2014;

    (v) Marine Order 27 (Safety of navigation and radio equipment) 2016;

   (vi) Marine Order 30 (Prevention of collisions) 2016;

  (vii) Marine Order 58 (Safe management of vessels) 2020 as if it were a vessel to which Chapter IX of SOLAS applies.

(1)  The vessel and its equipment and appliances are maintained to comply with the Marine Orders specified in column 1.

(2)  Completes each survey or inspection mentioned in the Survey Guidelines under the Harmonised System of Survey and Certification, as if surveyed for a Passenger Ship Safety Certificate.

(3)  Any endorsement required to be made to the certificate under this Marine Order is made.

(4)  After any survey required by this Marine Order has been completed, any proposed change to the structure, equipment, systems, fittings, arrangements or material covered by the survey, other than the direct replacement of equipment or fittings, is approved by AMSA.

2.2       Certificate of Survey for a Cargo Vessel

Criteria

Conditions

The vessel has:

(a)   has completed an initial or renewal survey mentioned in the Survey Guidelines under the Harmonised System of Survey and Certification as if surveyed for a Cargo Ship Safety Certificate; and

(b)  complies with the following Marine Orders:

     (i) Marine Order 12 (Construction — subdivision and stability, machinery and electrical installations) 2016;

    (ii) Marine Order 15 (Construction — fire protection, fire detection and fire extinction) 2014;

   (iii) Marine Order 21 (Safety and emergency arrangements) 2016;

   (iv) Marine Order 25 (Equipment — lifesaving) 2014;

    (v) Marine Order 27 (Safety of navigation and radio equipment) 2016;

   (vi) Marine Order 30 (Prevention of collisions) 2016.

The owner of the vessel who has agreed to take over all the duties and responsibilities imposed by the ISM Code (in the ISM Code called the Company) has given the issuing body a written declaration that there is in place for the vessel a safety management system that complies with Part A of the ISM Code, as if it were a vessel to which Chapter IX of SOLAS applies.

(1)  The vessel and its equipment and appliances are maintained to comply with the Marine Orders specified in column 1.

(2)  Completes each survey or inspection mentioned in the Survey Guidelines under the Harmonised System of Survey and Certification, as if surveyed for a Cargo Ship Safety Certificate.

(3)  Any endorsement required to be made to the certificate under this Marine Order is made.

(4)  After any survey required by this Marine Order has been completed, any change to the structure, equipment, systems, fittings, arrangements or material covered by the survey, other than the direct replacement of equipment or fittings, must be approved by AMSA.

(5)   There is in place for the vessel a safety management system that is applied on the vessel in accordance with the ISM Code and the ISM Guidelines.

Note   The safety management system may include the towing arrangement for any towed barge >10 m in length if the barge:

(a)  is not self-propelled; and

(b)  has no crew or passengers; and

(c)  does not carry oil or noxious substances; and

(d)  does not produce oil residues; and

(e)  has no arrangement for sewage.

 

 


Notes to Marine Order 47 (Offshore industry units) 2019

Note 1

Marine Order 47 (Offshore industry units) 2019 (in force under subsection 342(1) of the Navigation Act 2012) as shown in this compilation comprises Marine Order 47 (Offshore industry units) 2019 amended as indicated in the following tables.

Table of Orders

Year and number

Registration date

FRLI number

Commencement date

Application, saving or transitional provisions

Marine Order (MO 2019/4)

11 Oct 2019

F2019L01324

1 Nov 2019

Marine Order 47 Amendment Order 2020 (MO 2020/3)

16 Jun 2020

F2020L00729

1 Jul 2020

Table of amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

1A.......................................

rep. Legislation Act 2003, s.48D

1B.......................................

rep. Legislation Act 2003, s.48C

s.11....................................

rs. (MO 2020/3)

s.14A..................................

ad. (MO 2020/3)

s.16....................................

rs. (MO 2020/3)

s.22....................................

rs. (MO 2020/3)

s.28....................................

am. (MO 2020/3)

Schedule 2.......................

am. (MO 2020/3)