Marine Order 16 (Load lines) 2025

This Marine Order is Marine Order 16 (Load lines) 2025.

This Marine Order commences on 1 September 2025.

Marine Order 16 (Load lines) 2014 is repealed.

This Marine Order:

gives effect to the Load Lines Convention; and

deals with certification of vessels for evidence of survey and compliance with the Load Lines Convention; and

provides for the marking of vessels; and

sets out the circumstances when a vessel is overloaded; and

prescribes entries relating to load lines to be made in the official logbook of a regulated Australian vessel.

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

section 98 which provides that the regulations may provide for safety certificates including giving effect to the Load Lines Convention;

subsection 309(2) which provides that the regulations may provide for the keeping of logbooks;

section 113 which provides that the regulations may provide for when a vessel is overloaded;

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

paragraph 340(1)(d) which provides that the regulations may provide for giving effect to the Load Lines Convention;

subsection 341(1) which provides that the regulations may provide for the imposition of penalties and civil penalties for a contravention of certain instruments including an order.

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

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

Subsection 342(4) of the Navigation Act allows a Marine Order to provide for a matter by applying, adopting or incorporating any matter contained in any instrument or document in force or existing from time to time.

In this Marine Order:

conditions of assignment means the regulations in Chapter II of Annex I to the Load Lines Convention, including any application of the regulations to vessels not engaged on international voyages or to which the Load Lines Convention does not apply.

International Load Line Certificate, for a regulated Australian vessel, means a safety certificate relating to the survey and marking of load lines that is:

issued under section 100 of the Navigation Act; and

in the form of the International Load Line Certificate set out in Annex III to the Load Lines Convention.

International Load Line Exemption Certificate, for a regulated Australian vessel, means a safety certificate that is:

issued under section 100 of the Navigation Act exempting the vessel from requirements of the Load Lines Convention; and

in the form of the International Load Line Exemption Certificate set out in Annex III to the Load Lines Convention.

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

equivalent fishing vessel

IMO passenger vessel

SOLAS use.

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

issuing body

Load Lines Convention master regulated Australian vessel.

Note 3 Information on obtaining any IMO Resolution or document mentioned in this Marine Order is available from AMSA’s website at www.amsa.gov.au. The text of the original Load Lines Convention and SOLAS, and any amendments in force, are accessible through the Australian Treaties Library on the AustLII website at www.austlii.edu.au.

Note 4 For delegation of AMSA’s powers under this Marine Order — see the AMSA website Marine Orders link at www.amsa.gov.au.

For a provision of the Load Lines Convention applied, adopted or incorporated by this Marine Order, the Administration is:

for a regulated Australian vessel — AMSA; or

for a foreign vessel — the Administration of the country where the vessel is registered.

If an expression used in this Marine Order is also used in a provision of an instrument (such as the Load Lines Convention) or other writing applied, adopted or incorporated by this Marine Order, the expression has the same meaning as in that instrument or other writing, unless the contrary intention appears.

The unified interpretations of the Load Lines Convention, published by the IMO, are to be taken into account in complying with the requirements of the convention.

Note The following IMO circulars are relevant: LL.3/Circ.69, LL.3/Circ.77, LL.3/Circ.130, LL.3/Circ.155, LL.3/Circ.162, LL.3/Circ.194 and LL.3/Circ.208.

This Marine Order applies to:

a regulated Australian vessel; and

other than Divisions 2 and 6 — a foreign vessel.

Note A yacht that is used in connection with a commercial activity is subject to this Marine Order if the vessel is a regulated Australian vessel — see paragraph (1)(d) of Article 5 of the Load Lines Convention and the definition of regulated Australian vessel in section 15 of the Navigation Act.

A requirement of this Marine Order does not apply in relation to a regulated Australian vessel if AMSA, under this section, exempts the vessel from the requirement.

An owner of a regulated Australian vessel may apply to AMSA, in accordance with the application process set out in Division 3 of Marine Order 1 (Administration) 2013, for an exemption of the vessel from a requirement of this Marine Order.

Note 1 For a vessel ordinarily engaged on international voyages, or a vessel intending to undertake a single international voyage, that is seeking an International Load Line Exemption Certificate in accordance with paragraph (2) or (4) of Article 6 of the Load Lines Convention — see Division 2.

Note 2 AMSA may consider an application for an exemption in relation to a vessel with a lesser bow height on the basis that the vessel embodies features of a novel kind — see regulation 39(3) of Annex I to the Load Lines Convention.

AMSA may exempt the vessel only if satisfied that:

compliance with the requirement would be unnecessary or unreasonable having regard to the vessel, its equipment and its intended voyage; and

giving the exemption would not contravene the Load Lines Convention.

Note 1 Marine Order 1 (Administration) 2013 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.

Note 2 The owner of a vessel should attach a copy of an exemption to the record of conditions of assignment of load lines carried on board the vessel.

A requirement under this Marine Order, in relation to a regulated Australian vessel, is taken to be complied with if:

AMSA, under this section, approves the use of an equivalent for the vessel in relation to the requirement; and

the equivalent is used for the vessel in accordance with the approval.

Note For definitions of equivalent and use — see section 6 of Marine Order 1 (Administration) 2013.

An owner of a regulated Australian vessel may apply to AMSA, in accordance with the application process set out in Division 3 of Marine Order 1 (Administration) 2013, for approval to use an equivalent on a regulated Australian vessel.

AMSA may approve use of an equivalent only if 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

approving the use of the equivalent would not contravene the Load Lines Convention.

Note Marine Order 1 (Administration) 2013 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 Certificates issued under the Navigation Act

Subdivision 2.1 Various matters about certificates

For subsection 98(3) of the Navigation Act (which enables the regulations to provide that specified kinds of vessels are required to have specified safety certificates), a regulated Australian vessel to which the Load Lines Convention applies, or would apply if engaged on an international voyage, must have an International Load Line Certificate.

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

However, a vessel mentioned in subsection (1) that is exempted in accordance with paragraph (2) or (4) of Article 6 of the Load Lines Convention must have an International Load Line Exemption Certificate.

For subsection 99(1) of the Navigation Act (which enables a person to apply to an issuing body for a safety certificate specified in the regulations), the following certificates are specified:

an International Load Line Certificate;

an International Load Line Exemption Certificate.

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

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