MARINE ORDERS
Part 50
Special purpose ships
Issue 4
Order No. 2 of 2007
Pursuant to subsection 425(1AA) of the Navigation Act 1912, I hereby make this Order repealing Marine Orders, Part 50, Issue 3, and issuing the attached Marine Orders, Part 50, Issue 4, to come into operation on 15 May 2007.
Clive Davidson
Chief Executive Officer
23 April 2007
Table of Contents
1 Purpose & power
2 Definitions of words and phrases used in this Part
3 Interpretation
4 Application
5 Exemptions & equivalents
6 Review of decisions
7 Prescribed matters
8 Certification & survey
9 Existing & small ships
10 Training of special personnel
Appendix Form of Special Purpose Ship Safety Certificate
Previous issues
Issue 1, Order No 3 of 1986
Issue 2, Order No 2 of 1987
Issue 3, Order No 14 of 1999
—Amended by Order No 15 of 1999
1 Purpose & power
1.1 Purpose
This Part of Marine Orders makes provision for and in relation to the construction, equipment and operation of special purpose ships and the training requirements for special personnel. In particular it:
(a) gives effect to the IMO Code of Safety for Special Purpose Ships; and
(b) prescribes matters for the purposes of defining special purpose ships and special personnel.
1.2 Power
1.2.1 Subsection 283A of the Navigation Act provides that the regulations may:
(a) make provision for or in relation to special purpose ships or special personnel with respect to any matter with respect to which provision is made by the Act; and
(b) provide that a specified provision of the Act does not apply, or applies with prescribed modifications, in relation to special purpose ships or special personnel.
1.2.2 Subsection 425(1) of the Navigation Act provides for regulations to be made prescribing matters required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.
1.2.3 Subsection 425(1AA) of the Navigation Act provides that AMSA may make orders with respect to any matter for or in relation to which provision may be made by regulation.
2 Definitions of words and phrases used in this Part
AMSA means the Australian Maritime Safety Authority established by the Australian Maritime Safety Authority Act 1990;
Code means the Code of Safety for Special Purpose Ships adopted by IMO Resolution A.534(13), as amended by MSC/Circ.739 and resolution MSC.183(79);
crew means persons employed on board a ship on the business of the ship:
(a) navigating the ship;
(b) maintaining the ship, its machinery, systems and arrangements essential for propulsion and safe navigation; or
(c) providing services for other persons on board the ship;
IMO means the International Maritime Organization;
Manager, Ship Inspections, means the person occupying the position of Manager, Ship Inspections, in AMSA or, in respect of any particular purpose under this Part, a suitably qualified person authorised by the Manager, Ship Inspections, for that purpose;
Navigation Act means the Navigation Act 1912;
penal provision means a penal provision for the purposes of Regulation 4 of the Navigation (Orders) Regulations;[1]
SOLAS means the Safety Convention as defined in the Navigation Act; and
survey authority means a survey authority approved for the purposes of the Navigation Act.[2]
3 Interpretation
3.1 A reference to the Administration in the Code, an IMO resolution or document referred to in this Part is to be read as a reference to the Manager, Ship Inspections, and a power, function or discretion exercisable by the Administration is exercisable by the Manager, Ship Inspections.[3]
3.2 A reference in the Code to near-coastal voyage is to be read as a reference to a voyage that does not proceed more than 20 nautical miles from the nearest land.
3.3 In this Part, a reference to the date on which a ship was constructed means the date on which not less than 50 tonnes or one per cent of the proposed total mass of the structural material of the ship, whichever is the less, has been assembled.
3.4 In this Part:
(a) headings and sub-headings are part of the Part;
(b) the Appendix is part of the Part;
(c) a footnote is not part of the Part, but may provide additional information or guidance in applying the Part.
4 Application
This Part applies to and in relation to a special purpose ship:
(a) registered in Australia; or
(b) engaged on a voyage commencing or terminating at a port in Australia or an Australian Territory.
5 Exemptions & equivalents
5.1 Exemptions
5.1.1 The Manager, Ship Inspections, if satisfied that compliance with a provision of this Part would be unnecessary or unreasonable having regard to a ship, its equipment and its intended voyage, may exempt that ship from compliance with such provision to the extent specified and subject to such conditions as that officer thinks fit.
5.1.2 Provision 5.1.1 applies only to the extent that any exemption from a provision of this Part is not inconsistent with SOLAS or the Code.
5.2 Equivalents
Where a provision of this Part requires a particular fitting, material, appliance or apparatus, or type thereof to be fitted or carried in a ship or a particular provision to be made in a ship, the Manager, Ship Inspections, may allow any other fitting, material, appliance or apparatus, or type thereof, to be fitted or carried, or any other provision to be made, if that officer is satisfied that the other fitting, material, appliance or apparatus, or type thereof, or provision, is at least as effective as that required by that provision of this Part.
6 Review of decisions
6.1 Internal review
6.1.1 If the Manager, Ship Inspections, makes a decision under this Part, a person affected by the decision may, within 3 months of the date of notification of the decision or such longer period as determined by the General Manager, apply to the General Manager for review of that decision.
6.1.2 An application for internal review under 6.1.1 must be made in writing to the General Manager and must be accompanied by such information as the General Manager requires to enable the decision to be properly reviewed.
6.1.3 The General Manager may:
(a) affirm the original decision by the Manager, Ship Inspections; or
(b) make any decision that could be made by the Manager, Ship Inspections, in accordance with this Part.
6.1.4 The General Manager must notify his or her decision in writing to the applicant within 28 days of receiving the application for internal review.
6.2 Review by the AAT
6.2.1 Application may be made to the Administrative Appeals Tribunal for review of a decision by the General Manager under 6.1.3.
6.2.2 The notice under 6.1.4 must include:
(a) a statement to the effect that, if the person is dissatisfied with the decision, application may, subject to the Administrative Appeals Tribunal Act 1975, be made to the Administrative Appeals Tribunal for review of the decision; and
(b) a statement to the effect that the person may request a statement under section 28 of that Act.
6.2.3 Failure to comply with 6.2.2 in relation to a decision does not affect the validity of that decision.
7 Prescribed matters
7.1 For the purposes of section 283 of the Navigation Act, a ship in the following class of ships is a special purpose ship:[4]
mechanically self‑propelled ships which, by reason of their function, carry on board:
(a) more than 12 special personnel; or
(b) a combination of passengers and special personnel where the combined total exceeds 12 but the number of passengers does not exceed 12.
7.2 For the purposes of paragraph 283(d) of the Navigation Act, any person carried on board a special purpose ship, other than:
(a) the master or any other member of the crew of the ship;
(b) a pilot;
(c) a person temporarily employed on the ship in port; or
(d) a person carried on the ship in connection with the special purpose of the ship or related special work performed on board the ship;
is a person included in a prescribed class of persons.[5]
8 Certification & survey
8.1 Special Purpose Ship Safety Certificate
8.1.1 Pursuant to subsection 283A(2) of the Navigation Act, subsections 206S(1) and 206S(2) of that Act are modified to the effect that, if a ship referred to in one of those subsections is a special purpose ship, the requirement in the relevant subsection for certificates of survey and equipment appropriate for a passenger ship is replaced by a requirement for equivalent certificates of survey and equipment appropriate for a cargo ship together with a Special Purpose Ship Safety Certificate.
8.1.2 The master or owner of a special purpose ship other than a ship referred to in section 206S of the Navigation Act must not take the ship to sea or permit the ship to be taken to sea unless there is in force in respect of the ship a Special Purpose Ship Safety Certificate.
This is a penal provision
8.1.3 A Special Purpose Ship Safety Certificate will be issued or endorsed by the Manager, Ship Inspections, or by a survey authority in respect of a special purpose ship surveyed and found to be in compliance with the Code.
8.1.4 Provisions 14 and 16 of Marine Orders, Part 31 apply to a Special Purpose Ship Safety Certificate as though it were a Cargo Ship Safety Certificate.
8.1.5 The form of a Special Purpose Ship Safety Certificate is the form in the Appendix.
8.2 Survey requirements
Provisions 8, 9, 10 and 13 of Marine Orders, Part 31, apply to the survey of a special purpose ship, except that where such a provision is inconsistent with a provision of this Part, the provision of this Part is to prevail.
9 Existing and small ships
9.1 In 9.2, existing ship means a ship constructed before 1 May 1987, but does not include a ship that, after 1 May 1987, undergoes substantial conversion, including a structural alteration or modification that:
(a) changes the length, breadth or least moulded depth of the ship;
(b) substantially extends the ship's expected service life;
(c) facilitates a change in the use or intended use of the ship; or
(d) changes the ship's gross tonnage by more than 10 per cent.
9.2 An existing ship or a ship of less than 500 gross tonnage is deemed to be in compliance with this Part provided such a ship complies with the Code to the extent that the Manager, Ship Inspections, considers reasonable and practical, having regard to the ship, its equipment and its intended operations.
10 Training of special personnel
10.1 The master of a special purpose ship must not take the ship to sea unless satisfied that every person carried on board as special personnel has appropriate knowledge of the layout of the ship and has received appropriate training in safety procedures, including emergencies which may occur on that particular type of ship, and the handling of the ship's safety equipment.[6]
This is a penal provision
10.2 For the purposes of Provisions 32 and 34, and Appendices 5, 7 and 10, of Marine Orders, Part 21, special personnel are to be treated as crew members.
* * * * * *
Appendix
SPECIAL PURPOSE SHIP SAFETY CERTIFICATE
This Certificate shall be supplemented by a Record of Equipment (Form SPS)
Issued in compliance with the provisions of the
CODE OF SAFETY FOR SPECIAL PURPOSE SHIPS
under the authority of the Government of Australia by .......................................................
(person or organisation authorised)
Particulars of ship
Name of ship
Distinctive number or letters
Port of registry
Gross tonnage
Sea areas in which ship is certificated to operate (SOLAS reg IV/2)
IMO Number
Ship's special purpose
Date on which keel was laid or ship was at a similar stage of construction or, where applicable, date on which work for a conversion or an alteration or modification of a major character was commenced
..........................................
THIS IS TO CERTIFY:
1 That the ship has been surveyed in accordance with the requirements of regulations 1.6 of the Code.
2 That the survey showed that:
2.1 the ship complied with the provisions of the Code as regards:
.1 the structure, main and auxiliary machinery, boilers and other pressure vessels;
.2 the watertight subdivision arrangements and details;
2.2 the ship complied with the provisions of the Code as regards structural fire protection, fire safety systems and appliances and fire control plans;
2.3 the life-saving appliances and the equipment of lifeboats, liferafts and rescue boats were provided in accordance with the provisions of the Code;
2.4 the ship was provided with a line-throwing appliance and radio installations used in life-saving appliances in accordance with the provisions of the Code:
2.5 the ship complied with the provisions of the Code as regards radio installations;
2.6 the functioning of the radio installations used in life-saving appliances complied with the provisions of the Code;
2.7 the ship complied with the provisions of the Code as regards shipborne navigational equipment, means of embarkation for pilots and nautical publications;
2.8 the ship was provided with lights, shapes, means of making sound signals and distress signals, in accordance with the requirements of the Convention and the International Regulations for Preventing Collisions at Sea in force;
2.9 in all other respects the ship complied with the relevant provisions of the Code.
3 That an Exemption Certificate has/has not* been issued.
4 That the ship has/has not been provided with Certificates issued under the 1974 SOLAS Convention, as amended.
This certificate is valid until .................................
Completion date of the survey on which this certificate is based:
………………………………..
(dd/mm/yyyy)
Issued at .....................................................................................................
(Place of issue of certificate)
.....................................
(Date of issue)
...................................................
(Signature of authorised official issuing the certificate)
(Seal or stamp of the issuing authority, as appropriate)
Endorsement for annual surveys relating to hull, machinery and equipment referred to in section 2.1 of this certificate
THIS IS TO CERTIFY that, at a survey required by 1.6 of the Code, the ship was found to comply with the relevant provisions of the Code.
Annual survey:
Signed:.................................................
(Signature of authorised official)
Place:..................................... Date: ................
(Seal or stamp of the authority, as appropriate)
Annual survey:
Signed:.................................................
(Signature of authorised official)
Place:..................................... Date: ................
(Seal or stamp of the authority, as appropriate)
Annual survey:
Signed:.................................................
(Signature of authorised official)
Place:..................................... Date: ................
(Seal or stamp of the authority, as appropriate)
Annual survey:
Signed:.................................................
(Signature of authorised official)
Place:..................................... Date: ................
(Seal or stamp of the authority, as appropriate)
Endorsement for annual and periodical surveys relating to life-saving appliances and other equipment referred to in sections 2.2, 2.3, 2.4, 2.6, 2.7, 2.8 and 2.9 of this certificate
THIS IS TO CERTIFY that, at a survey required by 1.6 of the Code, the ship was found to comply with the relevant provisions of the Code.
Annual survey:
Signed:.................................................
(Signature of authorised official)
Place:..................................... Date: ................
(Seal or stamp of the authority, as appropriate)
Annual/Periodical survey:
Signed:.................................................
(Signature of authorised official)
Place:..................................... Date: ................
(Seal or stamp of the authority, as appropriate)
Annual/Periodical survey:
Signed:.................................................
(Signature of authorised official)
Place:..................................... Date: ................
(Seal or stamp of the authority, as appropriate)
Annual survey:
Signed:.................................................
(Signature of authorised official)
Place:..................................... Date: ................
(Seal or stamp of the authority, as appropriate)
Endorsement for periodical surveys relating to radio installations referred to in section 2.5 of this certificate
THIS IS TO CERTIFY that, at a survey required by 1.6 of the Code, the ship was found to comply with the relevant provisions of the Code.
Periodical survey:
Signed:.................................................
(Signature of authorised official)
Place:..................................... Date: ................
(Seal or stamp of the authority, as appropriate)
Periodical survey:
Signed:.................................................
(Signature of authorised official)
Place:..................................... Date: ................
(Seal or stamp of the authority, as appropriate)
* Delete as appropriate
Periodical survey:
Signed:.................................................
(Signature of authorised official)
Place:..................................... Date: ................
(Seal or stamp of the authority, as appropriate)
Periodical survey:
Signed:.................................................
(Signature of authorised official)
Place:..................................... Date: ................
(Seal or stamp of the authority, as appropriate)
Endorsement for the extension of the certificate
This ship complies with the relevant provisions of the Code, and this Certificate should, in accordance with 1.7.3, be accepted as valid until ........................
Signed:............................................
(Signature of authorised official)
(Seal or stamp of the authority, as appropriate)
Place:..........................................................…
Date:..............................................................
RECORD OF EQUIPMENT FOR THE SPECIAL PURPOSE SHIP SAFETY CERTIFICATE
(FORM SPS)
This Record shall be permanently attached to the Special Purpose Ship Safety Certificate
1 Particulars of ship
Name of ship ........................................................................................................
Distinctive number or letters .....................................................................................
Number of special personnel (including passengers) for which certified……………………..…………………
Minimum number of persons with required qualifications to operate the radio installations .....................................
2 Details of life-saving appliances
1 Total number of persons for which life-saving appliances are provided
.....................................
Port side
Starboard side
2 Total number of lifeboats
.................
.................
2.1 Total number of persons accommodated by them
.................
.................
2.2 Number of partially enclosed lifeboats (LSA Code, 4.5)
.................
.................
2.3 Number of totally enclosed lifeboats (LSA Code, 4.6)
.................
.................
2.4 Other lifeboats
2.4.1 Number
.................
.................
2.4.2 Type
.................
.................
3 Number of motor lifeboats (included in the total lifeboats shown above)
................................................
3.1 Number of lifeboats fitted with searchlights
................................................
4 Number of rescue boats
................................................
4.1 Number of boats which are included in the total lifeboats shown above
................................................
5 Liferafts
5.1 Those for which approved launching appliances are required
5.1.1 Number of liferafts
................................................
5.1.2 Number of persons accommodated by them
................................................
5.2 Those for which approved launching appliances are not required
5.2.1 Number of liferafts
................................................
5.2.2 Number of persons accommodated by them
................................................
6 Buoyant apparatus
6.1 Number of apparatus
................................................
6.2 Number of persons capable of being supported
................................................
7 Number of lifebuoys
................................................
8 Number of lifejackets
................................................
9 Immersion suits
9.1 Total number
................................................
9.2 Number of suits complying with the requirements of lifejackets
................................................
10 Number of thermal protective aids, excluding those carried as part of the equipment of survival craft and rescue boats
................................................
11 Radio installations used in life-saving appliances
11.1 Number of radar transponders
11.2 Number of two-way VHF radiotelephone apparatus
................................................
3 Details of radio facilities
Item
Actual provision
1 Primary systems
1.1 VHF radio installation
1.1.1 DSC encoder
.................................................................
1.1.2 DSC watch receiver
.................................................................
1.1.3 Radiotelephony
.................................................................
1.2 MF radio installation
1.2.1 DSC encoder
.................................................................
1.2.2 DSC watch receiver
.................................................................
1.2.3 Radiotelephony
.................................................................
1.3 MF/HF radio installation
1.3.1 DSC encoder
.................................................................
1.3.2 DSC watch receiver
.................................................................
1.3.3 Radiotelephony
.................................................................
1.3.4 Direct-printing radiotelegraphy
.................................................................
1.4 INMARSAT ship earth station
.................................................................
2 Secondary means of alerting
.................................................................
3 Facilities for reception of maritime safety information
3.1 NAVTEX receiver
.................................................................
3.2 EGC receiver
.................................................................
3.3 HF direct-printing radiotelegraph receiver
.................................................................
4 Satellite EPIRB
4.1 COSPAS-SARSAT
..................................................................................
4.2 INMARSAT
..................................................................................
5 VHF EPIRB
..................................................................................
6 Ship’s radar transponder
..................................................................................
4 Methods used to ensure availability of radio facilities (SOLAS regulations IV/15.6 and 15.7)
4.1 Duplication of equipment .................................................................................
4.2 Shore-based maintenance .................................................................................
4.3 At-sea maintenance capability ..........................................................................
THIS IS TO CERTIFY that this record is correct in all respects.
Issued at ..............................................................................................................
(Place of issue of the Record)
..............................................
(Date of issue)
..........................................................
(Signature of duly authorised official issuing the Record)
(Seal or stamp of the issuing authority, as appropriate)
* * * * * *
[1] A person commits an offence if the person does not comply with a provision of an order made under subsection 425(1AA) of the Navigation Act that is expressed to be a penal. The penalty is 50 penalty units for an individual and 250 penalty units for a body corporate.
By virtue of section 4AA of the Crimes Act 1914, a penalty unit is equivalent to $110.
[2] The following survey authorities are approved: American Bureau of Shipping; Bureau Veritas; Det Norske Veritas; Germanischer Lloyd; Lloyd's Register; and Nippon Kaiji Kyokai. Other survey authorities may be approved by AMSA if they meet relevant criteria.
[3] Copies of IMO resolutions and circulars referred to in this Part are available from AMSA.
[4] Examples of kinds of ships that would normally be regarded as special purpose ships are:
(a) ships engaged in research, expeditions and survey;
(b) ships for training of marine personnel;
(c) fish factory ships not engaged in catching;
(d) ships processing other living resources of the sea, not engaged in catching;
(e) other ships which the Manager, Ship Inspections, considers have similar design features and modes of operation.
[5] The combined effect of 7.2 and section 283 of the Navigation Act is that "special personnel" are persons carried on the ship in connection with the special purpose of the ship or related special work performed on board the ship, but not including the master or any other member of the crew, a pilot, a person temporarily employed on the ship in port, or a passenger.
[6] If all or part of the requisite training is undertaken other than on board the ship under the direct control of the master (for instance, at a shore establishment before joining the ship), it will be necessary for the employer of the special personnel to provide the master with such evidence as is reasonably necessary for the master to be satisfied that all persons have received the requisite training.
