Schedule 1 Amendments to operational requirements

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(i) on board the vessel if it is reasonably practicable to do so given the size and use of the vessel; and

(ii) onshore, with shore based personnel.

Note for paragraph (b) and subparagraph (e)(i) For the meaning of reasonably practicable — see section 27 of the national law.

[2] Subsection 4(5)

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(5) For a Class 1, Class 2 or Class 3 vessel, the requirements of this Marine Order for a safety management system are taken to be met if the owner complies with:

(a) Part A of the ISM Code; and

(b) the following provisions of Schedule 1:

(i) paragraph 2(3)(d);

(ii) paragraphs 7(6)(b) and (c).

[3] Subsection 4(5), notes

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Note 1 Part A of the ISM Code sets out requirements for vessel safety management systems. For complying with Part A of the ISM Code, see the relevant national law requirement for crewing in Schedule 1 to this Marine Order.

Note 2 A safety management system may be for more than 1 vessel.

[4] Paragraph 5(b)

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(b) for each vessel for which the certificate is to be issued — the following has been complied with:

(i) for a Class 1, Class 2 or Class 3 vessel — either:

(A) Schedule 1; or

(B) Part A of the ISM Code and paragraphs 2(3)(d) and 7(6)(b) and (c) of Schedule 1; and

(ii) for a Class 4 vessel — the operation requirements in Schedule 1 that apply to the vessel and Schedule 2.

[5] Paragraph 7(1)(b)

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(b) the requirements in section 5 that apply continue to be met;

[6] Subsection 7(1), Note 3

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[7] Section 15, after definition of personal watercraft

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propulsion power has the meaning given by section 5 of Marine Order 505.

rest means a period of time when a person is, except in the case of emergency, free of all duties and functions.

[8] Schedule 1, reference and Note under Schedule heading

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(section 4 and paragraph 5(b))

Note The operation of all classes of vessels must comply with all the operation requirements set out in this Schedule unless a clause provides otherwise for Class 4 vessels. For a Class 1, Class 2 or Class 3 vessel, Part A of the ISM Code and paragraphs 2(3)(d) and 7(6)(b) and (c) of Schedule 1 may be complied with as an alternative to complying with this Schedule — see subparagraph 5(b)(i) and paragraph 7(1)(b). Additional operation requirements in Schedule 2 apply to Class 4 vessels.

[9] Schedule 1, clause 1, after the Note

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(3) The information must be kept both:

(a) on board the vessel if it is reasonably practicable to do so given the size and use of the vessel; and

(b) onshore, with shore based personnel.

Note for paragraph (a) For the meaning of reasonably practicable — see section 27 of the national law.

[10] Schedule 1, subclause 2(2)

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(2) The owner of the vessel must ensure the following:

(a) that the risk assessment is prepared in consultation with the master and crew of the vessel;

(b) that a risk assessment of the operation of the vessel is carried out;

(d) that the risk assessment is reviewed if:

(i) the vessel undertakes an operation that differs from that normally undertaken by the vessel; or

(ii) the master of the vessel considers that the risks may have changed; or

(iii) the vessel is involved in a marine incident;

(e) that the risk assessment, including the determination of appropriate crewing, is:

(i) readily accessible to the master and crew; and

(ii) given, on request, to the National Regulator or a marine safety inspector.

Note for paragraph (c) A risk register is an example of a suitable way to document the risk assessment.

[11] Schedule 1, paragraph 2(3)(d)

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(d) when a lifejacket must be worn by any person on board;

(e) a person to be responsible for ensuring that actions needed to eliminate or minimise any risk are carried out.

[12] Schedule 1, subclause 2(3), example

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Examples of potential risks for paragraph (b):

vessel collision or grounding
fire
drowning
hazardous gases, including those arising from onboard sewage systems.

[13] Schedule 1, subclause 4(2)

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(2) The owner of the vessel must designate a person, or more than one person, to be responsible for:

(a) monitoring the safety of the vessel, the environment and all persons on or near the vessel; and

(b) ensuring appropriate resources and shore support are provided to the vessel.

(3) A designated person must:

(a) have direct access to the highest levels of the entity responsible for the operation; and

(b) be contactable by the master and crew of the vessel.

[14] Schedule 1, clause 6

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6 Appropriate crewing for vessels other than Class 4 and larger vessels

(1) This clause applies to a vessel other than the following:

(a) a Class 4 vessel;

(b) a vessel ≥80 m or ≥3000 GT or ≥3000 kW.

Note For requirements relating to a Class 4 vessel, see clause 3 of Schedule 2.

(2) The owner of the vessel must ensure that the vessel operates with the appropriate crewing determined in accordance with this clause.

(3) The owner of the vessel must determine the appropriate crewing for each kind of operation of the vessel by evaluating the risks to the following:

(a) the vessel;

(b) the environment;

(4) The determination of appropriate crewing must take account of the following:

(a) the kind of operation of the vessel and the requirements of key onboard operations;

(b) tasks and activities performed in addition to safe navigation of the vessel, and the demands they impose on the master and crew;

(d) the number of persons to be carried on the vessel and the effectiveness and timeliness of arrangements for passenger monitoring, taking into account that the master of the vessel must be able to find out the number of passengers on board the vessel at any time;

(e) the design characteristics of the vessel, including its general arrangements, machinery and equipment;

(f) the qualifications and competencies of the master and crew, including circumstances where only the master holds mandated engineering qualifications;

(g) the competency required for the use of technological aids to safety and navigation fitted in addition to the mandatory requirements;

(h) the area of operation of the vessel and expected conditions, for example weather, climate and water temperatures;

(i) the duration of the voyage;

(j) the requirements for the vessel’s emergency preparedness, including the vessel’s emergency plan and evacuation arrangements;

(k) the maintenance requirements of the vessel, and its machinery and equipment;

(l) the external support available to the vessel.

Examples of kinds of operation for paragraph (a):

carriage of passengers
fishing
tourism.

Examples of technological aids to safety and navigation for paragraph (g):

fire safety systems
remote engineering monitoring and diagnostics
electronic communication and navigation equipment
closed circuit TV.

(5) The determination for each kind of operation of the vessel must be recorded in the vessel’s safety management system together with information and responses that address the matters mentioned in subclause (4).

6A Minimum crewing

(1) The determination of appropriate crewing must be no less than the numbers set out in the following table for the vessel mentioned:

Vessel	Total minimum figure for master and crew (including engineer)	Master	Engineer
>55 m and <80 m#	4	1	1
>35 m and <55 m#	3	1	1
>12 m and <35 m#	2*	1	1
<12m	1**	1

# provided the vessel is <3000 GT and <3000 kW

*In the case of a vessel <750 kW propulsion power, the master and engineer roles may be combined in the one person if the master holds a certificate which permits the holder to operate the engines of the vessel. In that case, there must still be another crew member on board to make up the total of 2. In the case of a vessel ≥750 kW propulsion power, the master and engineer roles cannot be combined in the one person.

**If the master of the vessel does not hold a certificate which permits the holder to operate the engines of the vessel, there must be an additional crew member on board who holds an engineering certificate.

(2) However,

(a) the table does not apply to a vessel subject to a temporary crewing permit if the conditions for the permit are met; and

(b) the table does not apply to the following vessels, which must rely only on a determination of appropriate crewing:

(i) an existing vessel;

(ii) an unpowered barge;

(iii) a Class 2 vessel that is:

(A) a personal watercraft, a human powered vessel or a sailing vessel <7.5 m; and

(B) not carrying passengers; and

(C) operated by a tour leader who the owner is satisfied complies with the requirements mentioned in clause 5 of Schedule 2; and

(c) the table applies to a vessel only if provision is made for the master and each crew member on the vessel to have at least 10 hours rest in each 24 hour period.

Note for paragraph (b)(i) for the meaning of existing vessel, see section 16.

(3) For the avoidance of doubt, if the minimum crewing table does not apply to a vessel because the periods of rest mentioned in paragraph (2)(c) are not provided, the owner of the vessel must ensure that the vessel operates with appropriate crewing, determined in accordance with clause 6.

6B Temporary crewing permit

(1) A person may apply to the National Regulator for a temporary crewing permit for a vessel.

Note Section 3 of this Marine Order provides that an application made under this Marine Order must be made in accordance with Marine Order 501.

(2) The National Regulator may issue a temporary crewing permit for up to 3 months if satisfied that:

(a) the appropriate crewing for the vessel is less than the minimum crewing that would otherwise apply to the vessel under clause 6A; and

(b) the minimum crewing that would otherwise apply to the vessel under clause 6A is impracticable or would cause unreasonable or unnecessary expense.

(3) A temporary crewing permit is subject to the conditions mentioned in the permit.

(4) A decision to refuse to issue, or impose conditions on, the temporary crewing permit is a reviewable decision for section 16 and section 17 of Marine Order 501.

6C Appropriate crewing for vessels ≥80 m or ≥3000 GT or ≥3000 kW

(1) The owner of a vessel ≥80 m or ≥3000 GT or ≥3000 kW must apply to the National Regulator at least every 5 years for a determination of appropriate crewing for the vessel.

Note 1 The application can be made at the same time as the application for the issue or reissue (renewal) of a certificate of operation for the vessel.

Note 2 Section 3 of this Marine Order provides that an application made under this Marine Order must be made in accordance with Marine Order 501.

(2) The National Regulator may determine the appropriate crewing requirements for the vessel to ensure the following:

(a) safety and security of the vessel;

(b) safety of navigation;

(d) protection of the environment;

(e) compliance with:

(i) the conditions imposed on the vessel’s certificate of operation; and

(ii) this Marine Order; and

(iii) the national law.

(3) A decision to determine appropriate crewing for the vessel is a reviewable decision for section 16 and section 17 of Marine Order 501.

(4) The owner of a vessel ≥80 m or ≥3000 GT or ≥3000 kW must ensure that the vessel operates in accordance with the appropriate crewing determined by the National Regulator.

6D Onboard induction, familiarisation and training

(1) The owner of a vessel must ensure that the master and crew, as soon as practicable after joining the vessel and before commencing duties, receive the following:

(a) safety training that familiarises the person with safety matters about the person’s presence and duties on board the vessel;

(b) induction in and familiarisation with key onboard operations to establish, maintain and verify the competence and capacity of the person to safely carry out assigned duties;

(c) training in emergency procedures to establish, maintain and verify the ability of the person to respond rapidly and effectively in an emergency and to follow the emergency plan.

(2) Training in emergency procedures must cover:

(a) the procedures set out in the emergency plan for responding to the situations mentioned in subclause 8(3) of this Schedule; and

(b) use of the vessel’s life-saving equipment.

(3) The owner of the vessel must ensure that emergency drills are conducted:

(a) with a frequency determined by the risk assessment for the vessel; and

(b) to test procedures and confirm the competence and ability of the master and crew to respond rapidly and effectively in an emergency.

(4) The owner must ensure that any other person engaged in key onboard operations for the vessel also receives the training mentioned in subclause (1).

Example: An onshore staff member involved in berthing the vessel.

(5) The master, or a crew member that the master considers has the appropriate skills and knowledge, must give the training.

(6) The owner must ensure that a record of the following is kept for 5 years:

(a) any training, induction or familiarisation undertaken in accordance with subclause (1);

(b) any emergency drills conducted in accordance with subclause (3).

(7) The record must include the following for each training or drill:

(a) the name and signature of any person participating;

(b) a description;

6E First aid and radio communication requirements

The owner must ensure that the vessel operates with:

(a) access to at least 1 person who:

(i) has a current first aid certificate equivalent to at least HLTAID011 Provide first aid; and

(ii) is available at all times to provide first aid; and

(b) a master or deck watchkeeper qualified to operate the radio or other communication equipment fitted to the vessel.

[15] Schedule 1, paragraph 7(6)(b)

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(b) for a vessel that carries passengers — a safety induction for each passenger about relevant operational and emergency procedures, including the wearing of lifejackets, as soon as practicable after the passenger boards the vessel;

(i) the risks identified in the vessel’s risk assessment; and

(ii) the management of lifejackets to ensure that they are readily available if needed;

[16] Schedule 1, subclause 7(6), notes

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Note for paragraph (b) This requirement does not prevent group inductions. The timing and format of the induction will depend upon the nature of the vessel’s operations.

Note for paragraph (d) Examples of passenger monitoring systems: counting; monitored or recorded closed circuit television; crew stationed as sentries to visually monitor; configuration of the vessel that allows the master of the vessel to see passengers.

Note for paragraph (e) A number of methods could be used for a passenger count. Examples: a head count; a clicker count; a roll call; a count conducted by electronic sensor; a count involving the distribution and return of items such as lanyards or wristbands.

Note for paragraph (f) Examples of water based activities: snorkelling; scuba diving.

[17] Schedule 1, subclause 7(6)

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for a vessel mentioned in paragraph (bb)

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for a vessel mentioned in paragraph (e)

[18] Schedule 1, paragraph 11(13)(h)

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(h) the certificates held by each crew member, including certificates of competency required by Marine Order 505 and other relevant certificates or qualifications;

[19] Schedule 2, reference and Note under Schedule heading

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(subsection 4(4), subparagraphs 5(b)(ii)) and paragraph 6(2)(b) of Schedule 1)

Note The operation of a Class 4 vessel must comply with this Schedule and the provisions in Schedule 1 that apply to Class 4 vessels.

[20] Schedule 2, paragraph 5(c)

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Note for paragraph (c) Details of this course are available at myskills.gov.au.