Marine Order 47, issue 3

Link to law: https://www.comlaw.gov.au/Details/F2012L01330

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AMSA MO 2012/6
Marine Order 47, issue 3 (Mobile offshore drilling units)
I, Mick Kinley, Acting Chief Executive Officer of the Australian Maritime Safety Authority, make this Order under subsection 425(1AA) of the Navigation Act 1912.
20 June 2012
Mick Kinley
Acting Chief Executive Officer
Division 1          Preliminary........................................................................................... 3
1               Name of Order............................................................................................... 3
2               Commencement............................................................................................. 3
3               Repeal of Marine Orders Part 47, issue 2......................................................... 3
4               Purpose......................................................................................................... 3
5               Power............................................................................................................ 3
6               Definitions..................................................................................................... 3
7               Meaning of senior officer................................................................................. 4
8               Meaning of certain expressions....................................................................... 5
9               Application.................................................................................................... 6
10             Exemptions................................................................................................... 6
11             Equivalents.................................................................................................... 7
Division 2          Specific operational requirements................................................ 8
12             Operating manual........................................................................................... 8
13             Personnel...................................................................................................... 8
14             Internal openings............................................................................................ 8
15             Storage of gas cylinders................................................................................ 8
16             Availability and functions of senior officer....................................................... 8
17             Muster list...................................................................................................... 9
18             Emergency drills............................................................................................ 9
19             Emergency training....................................................................................... 10
20             Towage........................................................................................................ 10
21             Transfer of material, appliances or persons.................................................... 11
22             Helicopter arrivals and departures.................................................................. 12
Division 3          MODUs registered in Australia..................................................... 12
Subdivision 3.1        Preliminary.................................................................................... 12
23             Application of Division to MODU registered in Australia................................. 12
Subdivision 3.2        Survey and certification requirements............................................ 12
24             Survey requirements..................................................................................... 12
25             MODU certificate — operator’s responsibility................................................. 12
26             MODU certificate — person in charge’s responsibility..................................... 13
27             Maintenance of condition after survey........................................................... 13
28             Operational readiness................................................................................... 14
Subdivision 3.3        MODU certificates........................................................................... 14
29             Issue............................................................................................................ 14
30             Cancellation................................................................................................. 14
31             Duration....................................................................................................... 14
32             Endorsement................................................................................................ 15
Subdivision 3.4        Additional requirements................................................................. 15
33             Compliance with Schedule 2.......................................................................... 15
Division 4          MODUs registered in a country other than Australia.............. 15
34             Control of MODUs registered in a country other than Australia........................ 15
Division 5          Transitional....................................................................................... 15
35             Exemptions.................................................................................................. 15
36             Approvals.................................................................................................... 15
37             Replacement or renewal of equipment etc...................................................... 16
Schedule 1      Personnel........................................................................................... 17
Schedule 2      Additional requirements for MODUs registered in Australia. 20
Division 1     Preliminary
  
1          Name of Order
                 This Order is Marine Order 47, issue 3.
2          Commencement
                 This Order commences on 1 July 2012.
3          Repeal of Marine Orders Part 47, issue 2
                 Marine Orders Part 47, issue 2 is repealed.
4          Purpose
                 This Order:
(a)   for section 190B of the Navigation Act — specifies requirements with which the construction, hull, equipment and machinery of MODUs must comply; and
(b)   for section 283E of the Navigation Act — provides for giving effect to IMO resolutions about MODUs; and
(c)   for paragraph 425(1)(db) of the Navigation Act — generally provides for the safe navigation and operation of MODUs.
5          Power
       5.1     Section 190B of the Navigation Act provides that the regulations may:
(a)   specify requirements with which the construction, hull, equipment and machinery of ships must comply; and
(b)   provide for the survey and inspection of ships.
       5.2     Paragraph 283E(1)(a) of the Navigation Act provides that the regulations may provide for giving effect to IMO resolutions about off-shore industry mobile units.
       5.5     Subsection 425(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.
       5.6     Subsection 425(1AA) of the Navigation Act provides for the making of orders about matters for which provision can be made by the regulations.
6          Definitions
                 In this Order:
1979 MODU Code means the Code for the Construction and Equipment of Mobile Offshore Drilling Units, 1979 (IMO Resolution A.414(XI) as amended by MSC/Circ.561).
1989 MODU Code means the Code for the Construction and Equipment of Mobile Offshore Drilling Units, 1989 (IMO Resolution A.649(16) as amended by MSC/Circ.561 and Resolution MSC.38(63)).
2009 MODU Code means the Code for the Construction and Equipment of Mobile Offshore Drilling Units, 2009 (IMO Resolution A.1023(26) and its corrigendum (Corr. 1).
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 certificate means a MODU Safety Certificate (1979), a MODU Safety Certificate (1989) or a MODU Safety Certificate (2009).
MODU Safety Certificate (1979) means a certificate in the form in the Appendix to the 1979 MODU Code, as adapted for Australia by AMSA.
Note   The 1979 MODU Code is available from the IMO — see http://www.imo.org. AMSA issues these certificates in a form adapted for Australian circumstances.
MODU Safety Certificate (1989) means a certificate in the form of in the Appendix to the 1989 MODU Code, as adapted for Australia by AMSA.
Note   The 1989 MODU Code is available from the IMO — see http://www.imo.org.
MODU Safety Certificate (2009) means a certificate in the form in the Appendix to the 2009 MODU Code, as adapted for Australia by AMSA.
Note   The 2009 MODU Code is available from the IMO — see http://www.imo.org.
operator, of a MODU, has the meaning given to Company in the STCW Convention and SOLAS.
person in charge, of a MODU, means the master, or another person appointed by the operator, to be in charge of the MODU.
Note   For restrictions on who can be appointed as person in charge — see clause 4 of Schedule 1.
safety management system means a structured and documented system enabling a MODU’s operator to implement effectively the operator’s safety and environmental product policy.
senior officer — see section 7.
STCW Code  means the Seafarers’ Training, Certification and Watchkeeping (STCW) Code as adopted by resolution of the 2010 Conference of the Parties to the STCW Convention.
STCW Convention — see section 9A of the Navigation Act.
surveyor means:
(a)   a person appointed under section 190 of the Navigation Act; or
(b)   a person employed as a surveyor by a survey authority.
Note   Some expressions used in this Order are defined or explained in Marine Order 1 (Administration), including:
·         AMSA
·         IMO
·         Manager, Ship Inspection and Registration
·         Manager, Ship Operations and Qualifications
·         Navigation Act
·         penal provision
·         SOLAS
·         survey authority.
7          Meaning of senior officer
  7.1     For this Order, a senior officer, for a MODU, is a person:
(a)       who has completed the training mentioned in subsection 7.2; and
(b)      about whom, having regard to the person’s experience in working on the MODU and the person’s standard of work performance, the operator of the MODU is satisfied of the following:
             (i)  he or she knows the characteristics, capabilities and limitations of the MODU;
            (ii)  he or she is capable of performing the functions mentioned in subsection 16.2.
       7.2     For paragraph 7.1(a), the training is as follows:
(a)   offshore orientation training;
(b)   familiarisation training, information or instruction in personal survival techniques and workplace safety mentioned in section 5.2 of the Annex to IMO Resolution A.891(21);
(b)   training in personal survival, fire prevention and fire-fighting, elementary first aid, personal safety and social responsibilities mentioned in section 5.3 of the Annex to IMO Resolution A.891(21);
(c)   specialised training, appropriate to the duties assigned to the person on the muster list, mentioned in section 5.4 of the Annex to IMO Resolution A.891(21).
8          Meaning of certain expressions
       8.1     For this Order, a reference in a MODU Code to the Administration is taken to mean AMSA, and a power, function or discretion exercisable under a MODU Code by the Administration is exercisable by the Manager, Ship Inspection and Registration.
       8.2     If a provision of a MODU Code requires a fitting, material, appliance or apparatus (an article), or anything done in relation to an article, to be to the satisfaction of the Administration, the Manager, Ship Inspection and Registration may require the article:
(a)   to meet any requirements mentioned in Marine Orders that apply to the article; or
(b)   otherwise to be shown to be safe and effective for its intended purpose.
       8.3     In this Order, the date of construction of a MODU is the stage of construction of the MODU at which:
(a)   construction identifiable with the MODU has begun; and
(b)   a portion of the MODU has been fabricated and finally assembled, and has a mass of at least the lesser of:
             (i)  50 tonnes; or
            (ii)  1% of the estimated mass of all structural material of the MODU as proposed to be completed.
       8.4     For a MODU, a reference to a regulation of SOLAS in a code mentioned in the following table is taken to be a reference to the regulation as in force on the date mentioned in the table for the code.
Item
Code
Date

1
1979 MODU Code
1 January 1980

2
1989 MODU Code
the date of construction of the MODU

3
2009 MODU Code
the date of construction of the MODU

Note   Copies of IMO Resolutions or other documents mentioned in this Order or in the MODU Codes are available from AMSA.
9          Application
                 This Order applies to:
(a)   a MODU registered in Australia; and
(b)   a MODU registered in a country other than Australia that is operating as an off-shore industry mobile unit in the way mentioned in subsection 8(3) of the Navigation Act.
Note   Pre 1 July 1986 MODUs are expected to comply substantially with this Order.  However, a MODU built before 1 July 1986 that is unable to comply with a provision of this Order may be exempted from compliance with requirements of this Order under section 10.
10        Exemptions
            Application
     10.1     A person may apply, in accordance with the application process set out in Marine Order 1 (Administration), for an exemption of a MODU from a requirement of this Order.
            Decision maker
     10.2     The decision maker for the application is the Manager, Ship Inspection and Registration.
            Decision-making criteria
     10.3     The decision maker may give an exemption only if:
(a)   he or she is satisfied that:
             (i)  compliance with the requirement would be unreasonable or unnecessary having regard to the MODU, its equipment and its intended voyage; and
            (ii)  the exemption is consistent with paragraph 1.4 of the 2009 MODU Code; and
(b)   if the MODU certificate for the MODU was issued by a survey authority — the application includes a recommendation for the exemption by the survey authority.
Note   Marine Order 1 (Administration) deals with the following matters about exemptions:
·         making an application
·         seeking further information about an application
·         the time allowed for consideration of an application
·         imposing conditions on approval of an application
·         notification of a decision on an application
·         review of decisions.
11        Equivalents
            Application
     11.1     A person may apply, in accordance with the application process set out in Marine Order 1 (Administration) for approval to use an equivalent.
Note   For definitions of equivalent and use — see subsection 11.4.
            Decision maker
     11.2     The decision maker for the application is the Manager, Ship Inspection and Registration.
            Decision-making criteria
     11.3     The decision maker may approve use of an equivalent only if:
(a)   he or she is satisfied that use of the equivalent would be at least as effective as compliance with the requirement to which the equivalent is an alternative; and
(b)   if the MODU certificate for the MODU was issued by a survey authority — the application includes a recommendation for the equivalent by the survey authority.
            Meaning of equivalent and use of an equivalent
     11.4     For this section:
equivalent means:
(a)   a fitting, material, appliance or apparatus that could be fitted or carried in a MODU as an alternative to a fitting, material, appliance or apparatus that a provision of this Order or a MODU Code requires to be fitted or carried in the MODU; or
(b)   an arrangement that could be made, or a procedure that could be followed, in or for a MODU as an alternative to a requirement of this Order.
use, of an equivalent, includes:
(a)   fitting or carrying the equivalent in or on a MODU; and
(b)   making an alternative arrangement or following an alternative procedure.
Note   Marine Order 1 (Administration) deals with the following matters about equivalents:
·         making an application
·         seeking further information about an application
·         the time allowed for consideration of an application
·         imposing conditions on approval of an application
·         notification of a decision on an application
·         review of decisions.
Division 2     Specific operational requirements
  
12        Operating manual
     12.1     The operating manual for a MODU must include information of the kind mentioned in paragraphs 14.1.1 to 14.1.5. of the 2009 MODU Code about the safe operation of the MODU in both normal and emergency conditions, regardless of whether the 2009 MODU Code applies to the MODU.
Note   See clause 13 of Schedule 2 for additional requirements for a MODU registered in Australia.
     12.2     Operating and maintenance instructions and engineering drawings for MODU machinery and equipment essential to the safe operation of the MODU must be in the working language of the MODU and in English.
13        Personnel
                 The operator of a MODU must ensure that the MODU is provided with personnel in accordance with Schedule 1.
This is a penal provision.
14        Internal openings
                 The person in charge of a MODU must ensure that a MODU complies with the following:
(a)   for a MODU to which the 1979 MODU Code or 1989 MODU Code applies — paragraph 3.6.3 of the code that applies to the MODU;
(b)   for a MODU to which the 2009 MODU Code applies — paragraphs 3.6.5 and 3.6.6 of the 2009 MODU Code.
This is a penal provision.
15        Storage of gas cylinders
     15.1     The operator of a MODU must ensure that all cylinders of breathing medium for use in diving operations are stowed separately from other gas cylinders.
This is a penal provision.
     15.2     The person in charge of a MODU must ensure that all cylinders of breathing medium for use in diving operations are stowed separately from other gas cylinders.
This is a penal provision.
     15.3     The operator of a MODU must ensure that gas cylinders are stowed at least 3 m away from accommodation areas, the navigating bridge and the radio room.
This is a penal provision.
     15.4     The person in charge of a MODU must ensure that gas cylinders are stowed at least 3 m away from accommodation areas, the navigating bridge and the radio room.
This is a penal provision.
16        Availability and functions of senior officer
     16.1     The operator of a MODU must ensure that a senior officer is on board the MODU at all operational times.
This is a penal provision.
     16.2     The functions of the senior officer are:
(a)   to plan appropriate procedures for all foreseeable emergencies; and
(b)   to conduct emergency drills and emergency training in accordance with this Order and to keep records of the drills and training; and
(c)   to ensure that all safety equipment items carried by the MODU are kept fit and ready for use at all times.
     16.3     A record mentioned in paragraph 16.2(b) must be kept for the time mentioned in the MODU’s safety management system.
17        Muster list
     17.1     The operator of a self-propelled MODU must ensure that there is, on the MODU, a current muster list that complies with subsections 17.2 and 17.3.
This is a penal provision.
     17.2     The muster list must:
(a)   state:
             (i)  the location of the muster station assigned to each person on the MODU; and
            (ii)  the emergency duties of each person, that, to the extent practicable, are to be related to the normal duties of the person; and
           (iii)  special duties, if any, assigned to persons in particular locations; and
(b)   describe the general emergency alarm signal, the prepare to abandon MODU signal and the abandon MODU signal.
     17.3     The muster list must:
(a)   set out arrangements for dealing with all foreseeable emergencies; and
(b)   be revised as necessary to reflect any procedural changes; and
(c)   be displayed in conspicuous positions in the accommodation and other parts of the MODU so that it is easily visible to all personnel before and in an emergency; and
(d)   be in the working language of the MODU and in English.
18        Emergency drills
     18.1     The operator of a self-propelled MODU must ensure that:
(a)   for a MODU registered in Australia — an abandon MODU drill and a fire drill are conducted at least once a week to simulate the emergency conditions included on the muster list and to demonstrate that appliances are complete, in good working order and ready for immediate use; and
(b)   all personnel receive instruction so that they are familiar with alarm signals and their muster stations and are capable of efficiently performing emergency duties assigned to them.
This is a penal provision.
     18.2     A person required for drill on an MODU must report to his or her muster station and perform the duties assigned to him or her.
This is a penal provision.
     18.3     The master of a MODU must ensure that a senior officer examines the MODU’s survival craft equipment at intervals specified in the MODU’s safety management system to ensure that it is ready for use when needed.
This is a penal provision.
     18.4     The person in charge of a MODU must ensure that a senior officer examines the MODU’s survival craft equipment at intervals specified in the MODU’s safety management system to ensure that it is ready for use when needed.
This is a penal provision.
     18.5     The master of a MODU must ensure that drills are conducted in accordance with section 14.12 of the 2009 MODU Code, regardless of whether the 2009 MODU Code applies the MODU.
This is a penal provision.
     18.6     The person in charge of a MODU must ensure that drills are conducted in accordance with section 14.12 of the 2009 MODU Code, regardless of whether the 2009 MODU Code applies the MODU.
This is a penal provision.
19        Emergency training
                 The operator of a MODU must ensure that emergency training in accordance with provision 5 of the Annex to IMO Resolution A.891(21) is given to all personnel on the MODU.
This is a penal provision.
Note    For additional requirements for a MODU registered in Australia — see clause 14 of Schedule 2.
20        Towage
     20.1     The operator of a MODU, or an agent of the operator, must give to the Manager, Ship Inspection and Registration the information mentioned in subsection 20.2 about any proposed towage of the MODU in sufficient time to enable the inspection mentioned in subsection 20.3 to be carried out before the tow starts.
     20.2     The information is the following:
(a)   details of the proposed voyage;
(b)   names of towing and escort vessels;
(c)   estimated time of departure, estimated time of arrival at destination and proposed route;
(d)   the towing arrangement proposed to be used including, unless towing arrangements are to be in accordance with the operating manual, full details of the proposed arrangements;
(e)   the name and qualifications of the person in charge for the tow;
(f)    the name and qualifications of the person, if any, assisting in accordance with clause 4.3 of Schedule 1.
     20.3     The operator of a MODU must ensure that the MODU is not towed before the MODU is inspected by a surveyor.
This is a penal provision.
     20.4     After receiving the information mentioned in subsection 20.2, the Manager, Ship Inspection and Registration may:
(a)   prohibit a tow; or
(b)   permit a tow subject to any conditions he or she considers necessary for safety.
     20.5     The operator of a MODU must ensure that the MODU is not towed in contravention of:
(a)   a prohibition mentioned in paragraph 20.4(a); or
(b)   a condition mentioned in paragraph 20.4(b); or
(c)   the operator’s operations manual for the MODU.
This is a penal provision.
     20.6     The person in charge of a MODU must ensure that the MODU is not towed in contravention of:
(a)   a prohibition mentioned in paragraph 20.4(b); or
(b)   a condition mentioned in paragraph 20.4(b); or
(c)   the operator’s operations manual for the MODU.
This is a penal provision.
21        Transfer of material, appliances or persons
     21.1     The person in charge of a MODU must ensure that a transfer operation does not commence until the mass of the loads to be handled and emergency procedures are agreed between the person in charge and the masters of all other vessels involved in the transfer operation.
This is a penal provision.
     21.2     The person in charge of a MODU must ensure that, throughout a transfer operation, the MODU has direct communication (by handheld UHF/VHF portable transceivers or hand signals) with the operators of any cranes being used in the transfer operation.
This is a penal provision.
     21.3     The person in charge of a MODU must ensure that, if a crane on the MODU is used to transfer persons between the MODU and a vessel:
(a)   each person being transferred is wearing a life jacket, immersion suit or anti-exposure suit; and
(b)   a personnel transfer device used in transferring persons meets the following requirements:
             (i)  it is certified by a survey authority as suitable for transfer of personnel;
            (ii)  it is maintained in good condition;
           (iii)  it is inspected for defects frequently, and before use;
           (iv)  it has a control line attached;
            (v)  it is inspected and load tested at least annually by a firm approved or authorised by a survey authority to carry out inspections and testing of personnel transfer devices; and
(c)   not more than 4 persons are transferred simultaneously.
This is a penal provision.
     21.4     The person in charge of a MODU must ensure that transfer operations are undertaken in accordance with the MODU’s operating manual.
This is a penal provision.
     21.5     For this section:
personnel transfer device includes a basket, cradle or net designed to carry 1 or more persons.
transfer operation means the movement of a person or thing to or from a MODU.
Note   For other requirements about a personnel transfer device — see Schedule 3 of Marine Order 32 (Cargo handling equipment).
22        Helicopter arrivals and departures
                 The person in charge of a MODU must ensure that, during helicopter arrivals at, and departures from, the MODU:
(a)   persons, of a number mentioned in the MODU’s operating manual or safety management system, are present on or near the helideck who:
             (i)  have been trained for rescue and fire-fighting duties in accordance with sections A-VI/2 and VI/3 of the STCW Code; and
            (ii)  are dressed and equipped as required by the MODU’s operating manual or safety management system for rescuing any persons aboard the helicopter and for fighting any outbreaks of fire; and
(b)   no person is in the helicopter operating area, other than:
             (i)  a person mentioned in paragraph (a); or
            (ii)  a person aboard, embarking or disembarking the helicopter.
This is a penal provision.
Note    For additional requirements for a MODU registered in Australia — see clause 8 of Schedule 2.
Division 3     MODUs registered in Australia
Subdivision 3.1    Preliminary
23        Application of Division to MODU registered in Australia
                 This Division applies to a MODU registered in Australia.
Subdivision 3.2    Survey and certification requirements
24        Survey requirements
                 The operator of a MODU must make arrangements for surveys of the MODU to be carried out in accordance with, and within the periods required by, whichever of the 1979, 1989 or 2009 MODU Codes applies to the MODU.
25        MODU certificate — operator’s responsibility
                 The operator of a MODU must not move a MODU, or cause a MODU to be moved, if there is not in force for the MODU a MODU certificate mentioned in the following table.
Item
Date of construction of MODU
MODU certificate

1
before 1 May 1991
MODU Safety Certificate (1979)

2
after 30 April 1991 and before 1 January 2012 
MODU Safety Certificate (1989)

3
after 31 December 2011 
MODU Safety Certificate (2009)

This is a penal provision.
26        MODU certificate — person in charge’s responsibility
                 The person in charge of a MODU must not move a MODU, or cause a MODU to be moved, if there is not in force for the MODU a MODU certificate mentioned in the following table.
Item
Date of construction of MODU
MODU certificate

1
before 1 May 1991
MODU Safety Certificate (1979)

2
after 30 April 1991 and before 1 January 2012
MODU Safety Certificate (1989)

3
after 31 December 2011 
MODU Safety Certificate (2009)

This is a penal provision.
27        Maintenance of condition after survey
     27.1     The operator of a MODU must take corrective action required by a surveyor within the time specified by the surveyor if the surveyor determines that:
(a)   the MODU does not comply with this Order; or
(b)   the MODU is not fit to be engaged in operations, other than drilling operations, without danger to itself or to persons on board.
This is a penal provision.
     27.2     The person in charge of a MODU must take corrective action required by a surveyor within the time specified by the surveyor if the surveyor determines that:
(a)   the MODU does not comply with this Order; or
(b)   the MODU is not fit to be engaged in operations, other than drilling operations, without danger to itself or to persons on board.
This is a penal provision.
     27.3     If the safety of the MODU or of a person on board is endangered by the occurrence of an accident of a kind mentioned in section 268 of the Navigation Act or by a defect in the MODU or its equipment, other than in the drilling operations of the MODU, the person in charge must report the accident or defect as if the report were a report under section 268 of the Act.
This is a penal provision.
Note   For reports under s 268 of the Navigation Act — see s 13.2 of Marine Order 31 (Ship surveys and certification).
     27.4     If a MODU for which a valid MODU certificate is held becomes less efficient or seaworthy than it was when the certificate was issued because of any alteration or damage to the MODU or any fitting, material, appliance or apparatus of the MODU, the person in charge must give notice as if the notice were required by subsection 190A(1) of the Navigation Act.
This is a penal provision.
Note   For reports under s 190A of the Navigation Act — see s 6 of Marine Order 31 (Ship surveys and certification).
28        Operational readiness
                 The operator of a MODU must ensure that:
(a)       the gas  detection systems, fire protection systems and fire fighting systems and appliances of the MODU comply with section 9.19 of the 2009 MODU Code (regardless of whether the 2009 MODU Code applies to the MODU); and
(b)      all life saving appliances on the MODU comply with section 10.18 of the 2009 MODU Code (regardless of whether the 2009 MODU Code applies to the MODU).
Subdivision 3.3    MODU certificates
Note   For how to apply for a survey — see section 16 of Marine Order 31 (Ship surveys and certification).
29        Issue
                 The Manager, Ship Inspection and Registration or a survey authority may issue a certificate mentioned in the following table for a MODU if:
 (a)  a current survey states that the MODU complies with:
             (i)  the code mentioned in the table for the certificate; and
            (ii)  Schedule 2; and
(b)   it satisfies any other requirement for a MODU certificate for the MODU to be issued, reissued or endorsed.
Item
Certificate
Code

1
MODU Safety Certificate (1979)
1979 MODU Code

2
MODU Safety Certificate (1989)
1989 MODU Code

3
MODU Safety Certificate (2009)
2009 MODU Code

30        Cancellation
     30.1     The Manager, Ship Inspection and Registration or a survey authority may cancel a MODU certificate if the MODU for which the certificate is issued fails to comply with this Order.
     30.2     A person affected by a decision under subsection 30.1 may apply to the Administrative Appeals Tribunal for a review of the decision.
31        Duration
     31.1     A MODU certificate:
(a)   has effect from the date it is issued; and
(b)   ceases to have effect at the earliest of the following:
             (i)  if a survey is not carried out within the period required by section 24 — at the end of the period; or
            (ii)  the end of a period, determined by the Manager, Ship Inspection and Registration or a survey authority issuing the certificate and stated on the certificate, that is no longer than 5 years;
           (iii)  on transfer of the registration of the MODU from Australia to another country;
           (iv)  when it is cancelled by the Manager, Ship Inspection and Registration or survey authority;
           (iv)  5 years after it is issued.
     31.2     The period of validity of a MODU certificate may be extended only in accordance with section 14 of Marine Order 31 (Ship surveys and certification).
32        Endorsement
                 After completing a survey (other than the initial survey) or an inspection in accordance with the MODU Code that applies to a MODU, the surveyor must endorse the certificate mentioned in section 29 for the MODU.
Subdivision 3.4    Additional requirements
33        Compliance with Schedule 2
        (1)     The operator of a MODU must ensure that it complies with Schedule 2.
This is a penal provision.
        (2)     The person in charge of a MODU must ensure that it complies with Schedule 2.
This is a penal provision.
Division 4     MODUs registered in a country other than Australia
  
34        Control of MODUs registered in a country other than Australia
                 The Manager, Ship Inspection and Registration may exercise control over a MODU mentioned in paragraph 9(b) to the extent mentioned in section 1.7 of the 2009 MODU Code.
Division 5     Transitional
  
35        Exemptions
                 An exemption granted or continued under a provision of a previous issue of Marine Orders, Part 47, and in effect on 30 June 2012, continues in effect as if granted under this Order.
36        Approvals
                 An appliance, item of equipment or arrangement approved under a provision of a previous issue of Marine Orders, Part 47, and in service on a MODU on 30 June 2012, is taken to be approved under this Order.
37        Replacement or renewal of equipment etc
     37.1     This section applies to a MODU if:
(a)   an appliance, item of equipment or arrangement that is required by the MODU Code that applies to the MODU is replaced; or
(b)   the MODU Code that applies to the MODU requires the MODU to have an additional or different appliance, item of equipment or arrangement.
     37.2     Unless otherwise required by SOLAS or an order, each replacement or additional appliance, item of equipment or arrangement must, to the extent practicable, comply with the most recent SOLAS specifications or requirements that apply to it.
     37.3     However, the replacement may be of the same type as the item replaced if:
(a)   a survival craft is replaced without replacing its launching appliance; or
(b)   a launching appliance for a survival craft is replaced without replacing the survival craft.
Schedule 1    Personnel
(section 13)
  
1          Definitions
              In this Schedule:
competent person means a person on board a MODU who:
(a)   has experience in MODU operations, other than drilling or diving operations; and
(b)   has the skills necessary to perform the duties this Schedule requires the person to perform.
self-propelled MODU includes:
(a)   a MODU equipped with means of propulsion for use, with or without the assistance of tugs, to transfer it from site to site; and
(b)   a MODU equipped with means of propulsion to maintain it in position while drilling.
special personnel means a person who:
(a)   is not the master, the person in charge or a seaman; and
(b)   is on board a MODU in connection with the purpose of the MODU or a related purpose; and
(c)   has been given safety instruction at least to the level mentioned in subclause 14.11 of Schedule 2.
2          Application
              This Schedule does not apply to a MODU secured at a safe berth or during carriage in transit on a rig transporting vessel.
3          Manning
     3.1     The manning of the MODU must include:
(a)   the person in charge; and
(b)   other persons mentioned in subclause 3.2.
     3.2     For paragraph 3.1(b), the other persons are:
(a)   for a MODU at anchor or otherwise connected to the seabed, other than a self-propelled MODU — the number of competent persons that the operator considers are sufficient to undertake normal operations and emergency procedures; or
(b)   for a manned MODU under tow, other than a self-propelled MODU — the number of persons, with the qualifications mentioned in clause 3.3, that the operator considers are sufficient to undertake towage operations and emergency procedures, but at least the number of persons mentioned in subclause 3.4; or
(c)   for a self-propelled MODU — the number of competent persons that the operator considers are sufficient to undertake normal operations and emergency procedures, including at least the number of persons specified for the MODU by the Manager, Ship Operations and Qualifications who are qualified in accordance with:
             (i)  for a MODU mentioned in paragraph 9(a) — Marine Orders Part 3 (Seagoing qualifications); or
            (ii)  for a MODU mentioned in paragraph 9(b) — the requirements of its flag state.
     3.3     For paragraph 3.2(b), the qualifications are:
(a)   a Certificate as Able Seaman or equivalent; and
(b)   a Certificate of Safety Training, at least 2 years service on MODUs and experience in MODU towage operations.
     3.4     For paragraph 3.2(b), the number of persons must include at least:
(a)   the number of persons specified by the Manager, Ship Operations and Qualifications for the MODU; or
(b)   if a specification has not been made under paragraph (a) — the number of persons specified in the operating manual for the MODU for towage operations and emergency procedures.
     3.5     The operator of a manned MODU that is under tow must ensure that the MODU carries as part of its crew at least 1 person who holds a GMDSS general operator certificate and enough other persons capable of communicating with the towing vessels to ensure that communication can be maintained at all times.
4          Person in charge
Note   Various persons may be appointed person in charge, according to shift and according to the mode of operation of the MODU.
     4.1     A person may be appointed as person in charge during any mode of operation of a MODU only if the person is:
(a)   well acquainted with the characteristics, capabilities and limitations of the MODU during the mode of operation; and
(b)   capable of directing all tasks relevant to the MODU’s operation in the mode of operation; and
(c)   capable of directing emergency procedures.
     4.2     A person other than the master must not be appointed as person in charge of a self-propelled MODU under way, other than under tow.
Note   It is not necessary for a master of a MODU to be person in charge when the MODU is anchored or otherwise connected to the seabed.
     4.3     A person may be appointed as person in charge of a manned MODU, other than a self-propelled MODU, that is under tow only if the person:
(a)   is well experienced in all aspects of MODU towing operations; and
(b)   holds, or is assisted by a person on board who holds, a Certificate of Competency as Master.
     4.4     The person in charge of an unmanned MODU that is under tow must be the master of a vessel towing the MODU.
     4.5     For subclauses 4.3 and 4.4, a MODU is not taken to be manned only because persons are aboard for short periods to carry out inspections or to maintain, adjust or reconnect towing gear.
5          Duration of responsibility
     5.1     When a person assumes duties as person in charge, an entry to this effect, including the time of changeover, must be made in the logbook.
     5.2     The person in charge remains as person in charge for this Order from the time of signing on in the logbook as person in charge to the time of signing off.
     5.3     Changeover of person in charge must be done in accordance with the operating manual for the MODU.
6          Responsibilities of person in charge of a MODU under tow
6.1     The person in charge of a MODU under tow must, before the tow commences:
(a)   ensure by inspection that:
             (i)  the towing gear, including emergency towing gear, is set up in accordance with the arrangement, mentioned in the operating manual for the MODU, that is appropriate for the intended voyage; and
            (ii)  the towing arrangements on each towing vessel are fit for the purpose; and
           (iii)  the connecting arrangements between the towing gear on the MODU and on each towing vessel are fit for the purpose; and
(b)   make an entry in the logbook that the inspections have been carried out and that the towing arrangements, including emergency towing arrangements, are fit for the intended voyage.
     6.2     While a MODU is under tow, the person in charge must:
(a)   ensure the operational safety of the MODU; and
(b)   direct all emergency operations, including, if he or she considers necessary, abandonment of the MODU; and
(c)   in consultation with the master on each towing vessel, determine the course to steer and the speed; and
(d)   ensure the safety and direct any adjustment of the towing gear on the MODU that he or she consider necessary; and
(e)   direct the release of towing gear; and
(f)    direct the preparation, connection and use, if he or she considers it necessary, of emergency towing gear.
     6.3     A person in charge being assisted by a person holding a Certificate of Competency as Master must obtain the advice of that person before carrying out the duties mentioned in subclauses 6.1 and 6.2.
Schedule 2    Additional requirements for MODUs registered in Australia
(section 33)
  
1          Towage fittings
              Towage fittings must be designed, built and installed in a way that minimises danger to personnel during towing operations in both normal and emergency conditions.
2          Construction portfolio
              The copy of the construction portfolio required to be carried on board a MODU by section 2.8 of the 1979 MODU Code, section 2.9 of the 1989 MODU Code or section 2.13 of the 2009 MODU Code must be maintained up to date.
3          External openings
     3.1     A non-watertight external opening on a MODU must be located so that its lower edge will not submerge when the MODU is inclined to the first intercept between the righting moment and wind heeling moment curves in an intact or damaged stability condition under the 1979 MODU Code, the 1989 MODU Code or the 2009 MODU Code.
     3.2     For subclause 3.1, a non-watertight external opening includes the following:
(a)   an air pipe, whether or not a closing appliance is fitted;
(b)   a ventilator;
(c)   a ventilation intake or outlet;
(d)   a non-watertight hatch;
(e)   a doorway not fitted with a watertight closing appliance.
     3.3     A watertight external opening may be located so that it submerges when the MODU is damaged as mentioned in section 3.5 of the 1979 MODU Code or the 1989 MODU Code or section 3.6 of the 2009 MODU Code.
Examples of watertight external openings
(a)     a manhole fitted with a close bolted cover;
(b)     a small hatch or a sidescuttle of a non-opening type.
     3.4     Each small hatch must be fitted with:
(a)   a quick-acting watertight cover of steel or equivalent material acceptable to the survey authority; and
(b)   a visual or other alarm system arranged to show personnel, both locally and at a central position, whether the hatch cover is open or closed; and
(c)   a notice board to the effect that the hatch cover is to be closed while at sea and is for temporary use only.
     3.5     For this clause, a small hatch is a hatch normally used for access by personnel.
4          Height of coamings and other features
              The height of hatch and ventilator coamings, air pipes, door sills and similar items in exposed positions and their means of closing must be determined for both intact and damage stability requirements.
5          Weathertight closing appliances
     5.1     A weathertight closing appliance must be fitted to:
(a)   each opening that may become submerged before the heeling angle at which the minimum specified area is achieved under:
             (i)  the intact criteria of the MODU Code that applies to the MODU; or
            (ii)  for a column stabilised MODU — the damage criteria of whichever of the 1989 or 2009 MODU Codes that applies to the MODU; and
(b)   each opening that leads to a space the volume of which is included in the calculation of cross curves of stability.
       5.2     For any sanitary discharge that originates in a space mentioned in paragraph 5.1(b), a non-return valve must be fitted where it passes through the shell.
6          Electrical
            Precautions against electric shock
     6.1     For a MODU built after 30 June 2000, the reference to 55V in paragraph 5.5.1 of the 1979 and 1989 MODU Codes and paragraph 5.6.1 of the 2009 MODU Code, 55V is to be read as 50V.
            Low location lighting
     6.2     A MODU built after 30 June 2000 must comply with IMO Resolution A.752(18) Guidelines for the evaluation, testing and application of low-location lighting on passenger ships.
7          Fire precautions
            Fire hose specifications
     7.1     A fire hose must:
(a)   be constructed of material acceptable to the Manager, Ship Inspection and Registration; and
(b)   be not more than 18 m long; and
(c)   have a dual purpose nozzle and the necessary couplings; and
(d)   together with any necessary fittings and tools, be kept ready for use in a conspicuous position near a hydrant or other water connection.
            Fire test procedures
     7.2     A MODU built after 30 June 2000 must comply with IMO Resolution MSC.61(67) International Code for Application of Fire Test Procedures, as amended by IMO Resolutions MSC.101(73) and MSC.173(79).
            Sprinkler systems
     7.3     A MODU built after 30 June 2000 must comply with IMO Resolution A.800(19) Revised guidelines for approval of sprinkler systems equivalent to that referred to in SOLAS Regulation II-2/12, as amended by IMO Resolution MSC.284(86).
8          Helicopters
            Helicopter deck
     8.1     If a high fire risk space is located below a helicopter deck, the space must be insulated in a way that the Manager, Ship Inspection and Registration considers appropriate.
            Helicopter facilities
     8.2     A MODU built after 30 June 2000 and before 1 January 2010 must comply with IMO Resolution A.855(20) Standards for on-board helicopter facilities.
     8.3     A MODU built after 31 December 2009 must comply with paragraph 9.16 and Chapter 13 of the 2009 MODU Code.
9          Permanent piping for oxy-acetylene
     9.1     A permanent piping system for oxy-acetylene may be installed in a MODU only if:
(a)   all of the fixed piping is made of steel; and
(b)   material used in the system, except for welding and cutting tips, does not contain more than 70% copper; and
(c)   allowance is made for expansion of the piping; and
(d)   the piping system is suitable for the pressures for which it is made.
     9.2     A MODU built after 31 December 2009 must comply with paragraph 9.15 of the 2009 MODU Code.
10        Medical
              A self-propelled MODU or a MODU under tow must have a stretcher suitable for use in lifting an injured person into a helicopter.
Note   For other requirements for a MODU to carry medical supplies — see Marine Orders Part 10 (Medical first aid on ships) and the laws of a State or the Northern Territory for the area of operation.
11        Guards and rails
              The perimeter of all floor and deck areas and openings must have guards, rails or other safety devices designed to prevent persons from falling overboard.
Note   For other requirements for guard rails — see regulation 25 of the Load Line Convention which is defined in, and adopted for Australia by, Marine Orders Part 16 (Load Lines).
12        Means of embarkation
   12.1     A MODU must comply with the embarkation requirements of whichever of the 1979, 1989 or 2009 MODU Codes applies to the MODU
   12.2     Means requiring minimal physical exertion must be provided for embarkation into survival craft having regard to:
(a)   the shape and configuration of the MODU; and
(b)   the method of launching the craft.
Note   Fixed ladders from deck to sea level may be provided to assist the embarkation of persons cut off by fire from their survival craft embarkation points.
   12.3     Personnel landings, if fitted, and sea areas in their vicinity must have efficient illumination.
13        Documentation
            Plans and instructions
   13.1     The following must be carried on board a MODU:
(a)   a plan showing hazardous areas on the MODU, including areas set aside for the storage of dangerous substances;
(b)   operating instructions for the diving system, if any;
(c)   instructions for setting up towing gear, including measures to prevent chafing of chains, wires or ropes in tow lines, methods for shortening, lengthening or recovering tow lines and detailing emergency towing gear and its preparation for use before a tow starts;
(d)   a list of all instruction, operational and maintenance manuals for all fittings, appliances and apparatus on the MODU;
(e)   a document stating the persons who may be appointed person in charge in the various modes of operation, towage, standby or stacked, and the minimum number and qualifications of persons required aboard the MODU in the various modes of operation, including towing;
(f)    changeover procedures to be followed when the duties of person in charge are transferred to another person.
Note 1   If appropriate, the format of documents relating to stability, capacities etc should be in the form of the Stability Book required by Marine Orders, Part 12 (Construction — subdivision and stability, machinery and electrical installations).
Note 2    Documents used to describe and implement the MODU’s safety management system may be accepted as meeting, in whole or in part, the requirements for operational manuals for normal and emergency operations, including the additional material required by paragraph 14.1.5 of the 1989 MODU Code or paragraph 14.1.5 of the 2009 MODU Code.
            Operating manual
   13.2     A MODU must comply with the requirements of section 14.1 of the 1979 MODU Code, the 1989 MODU Code or the 2009 MODU Code.
   13.3     Regardless of whether the 2009 MODU Code applies to a MODU, the following must be carried on board the MODU:
(a)   emergency instructions required by section 14.10 of the 2009 MODU Code;
(b)   a training manual as required by section 14.11 of the MODU Code;
(c)   an official log book or tour record as required by section 14.14 of the 2009 MODU Code.
   13.4     The operating manual may be maintained in the form of a single book, or of a book supplemented by associated plans and the documents mentioned in subclause 13.3.
   13.5     The operating manual must be maintained up to date at all times.
   13.6     A copy of the operating manual must be available for inspection at the MODU’s base port in Australia.
   13.7     A copy of the standard towage arrangements, and the operator’s proposed standard requirements for manning for all modes of operation, including towing, must be given to the Manager, Ship Operations and Qualifications.
   13.8     A copy of the part of the operating manual that deals with mode change between any of the modes drilling, towing, self-propelled, anchored and stacked must be given to the Manager, Ship Operations and Qualifications.
14        Emergencies
            Drills
   14.1     An abandon MODU drill and a fire drill must be conducted at least once a week.
   14.2     Each member of the crew and special personnel must participate in each drill at least once a month.
   14.3     Drills must, to the extent practicable, make use of all life-saving and fire-fighting equipment on board, including at least the following:
(a)   sounding the general emergency signal described in the muster list;
(b)   donning lifejackets and immersion or survival suits, if any;
(c)   use of emergency escape routes to muster stations;
(d)   instruction in preparing, boarding and launching survival craft including, if practicable, partial lowering or launching of the craft;
(e)   operating survival craft and rescue craft engines;
(f)    operating radio life-saving appliances, without actual transmission on any distress frequency;
(g)   sounding fire alarms and any other emergency alarms fitted;
(h)   wearing fire-fighting outfits by fire-fighting personnel and operating fixed fire-fighting equipment (eg fire pumps, hoses and hydrants, sprinkler systems and foam generators);
(i)    demonstration of the operation and application of portable fire extinguishers;
(j)    fastening fire and watertight doors and other closing arrangements to enclosed spaces and escape routes;
(k)   monitoring remote controls for stopping ventilation and fuel supplies to machinery spaces;
(l)    checking emergency lighting of escape routes and survival craft embarkation and launching areas.
   14.4     If practicable, and subject to suitability of weather and sea conditions, a rescue craft or rigid survival craft must be launched every month, in rotation, so that each craft is launched with its operating crew aboard and manoeuvred in the water at least once every 3 months.
   14.5     The complete emergency system, including automatic starting arrangements, must be tested at least once a month in conjunction with a drill.
            Emergency training
   14.6     Emergency training for a MODU must comply with section 14.13 of the 2009 MODU Code, regardless of whether the 2009 MODU Code applies to the MODU.
   14.7     Personnel assigned special duties may be trained for those duties on the MODU or at a training establishment approved by AMSA.
   14.8     For provision of emergency training, personnel must be categorised as:
(a)   visitors and special personnel not normally employed on the MODU; or
(b)   special personnel normally employed on the MODU, not having special duties for the survival of others; or
(c)   special personnel normally employed on the MODU, having special duties for the survival of others; or
(d)   seafarers.
     14.9     Each person mentioned in paragraph 14.8(a) must, on arrival aboard the MODU, be instructed in the following:
(a)   the need to be prepared for an emergency;
(b)   the need to observe strictly the requirements of the muster list, in particular those relating to:
             (i)  specific conduct in any emergency; and
            (ii)  muster stations and survival craft stations; and
           (iii)  the general emergency signal; and
           (iv)  the abandon MODU signal;
(c)   the need to be alert to the sounding of alarm signals and to respond to signals in emergencies;
(d)   the location and correct method of donning of his or her own and spare lifejackets and immersion or survival suits, if any;
(e)   the dangers of jumping into the sea from a height, particularly when wearing a lifejacket;
(f)    the location of emergency escape routes including those leading to survival craft stations;
(g)   the need to participate in any drills held during the time he or she is on board;
(h)   essential fire precautions.
14.10     A person mentioned in paragraph 14.8(b) must be instructed in accordance with subclause 14.8 and also be given basic on-board training and instruction in the following:
(a)   emergencies that might occur on the particular type of MODU;
(b)   the consequences of panic;
(c)   the types and proper methods of using all life-saving appliances carried on the MODU;
(d)   the least dangerous way of jumping into the water from a height while wearing a lifejacket or an immersion suit, if any, and most appropriate locations for doing so;
(e)   boarding survival craft from the MODU and from the water;
(f)    swimming while wearing a lifejacket;
(g)   keeping afloat without a lifejacket;
(h)   survival in the water:
             (i)  when there is fire or oil on the water; and
            (ii)  in cold conditions, and
           (iii)  in shark infested waters;
(i)    the location of and activation of fire alarm controls;
(j)    the location and proper methods of use of fire-fighting equipment;
(k)   the need to adhere to the principles of survival;
(l)    basic methods of boarding helicopters;
(m)  fire precautions.
14.11     A person mentioned in paragraph 14.8(c) must be instructed in accordance with clause 14.10 and also be instructed and trained, to ensure that he or she can perform his or her special duties, by qualified and experienced persons in the following:
(a)   marshalling personnel;
(b)   abandonment of the MODU, including launching survival craft, getting survival craft quickly and safely clear of the MODU and righting a capsized survival craft;
(c)   handling all survival craft and their equipment, including the following:
             (i)  checking and maintaining their readiness for immediate use;
            (ii)  use of equipment to the best advantage;
           (iii)  use of a sea anchor;
           (iv)  remaining, to the extent practicable, near the MODU, well clear of but not down-wind of any hydrocarbons or fire;
            (v)  recovering other survivors and caring for them, to the extent practicable;
           (vi)  keeping a look-out;
          (vii)  operating available distress signals at appropriate times, including radio distress transmissions and beacons;
         (viii)  using protective measures in survival craft (eg for preventing exposure to cold, sun, wind, rain and sea);
           (ix)  the proper use of food and drinking water;
            (x)  measures against seasickness;
           (xi)  preventing sweating and the dangers of drinking sea water;
(d)   transferring persons from a survival craft or helicopter to a ship;
(e)   maintaining morale;
(f)    methods of helicopter rescue;
(g)   methods of fire prevention, detection, isolation, control and extinguishing, including the routine checking and maintaining fire-fighting equipment.
14.12     A person mentioned in paragraph 14.8(d) must be given on-board training and instruction in the kinds of emergencies that might occur on the particular kind of MODU.
            Alarms and indicators
14.13     A MODU built after 30 June 2000 must comply with IMO Resolution A.1021(26) Code on Alarms and Indicators.
Note
1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.