s 1Name of Marine Order
This Marine Order is Marine Order 31 (SOLAS and non-SOLAS certification) 2019.
This Marine Order is Marine Order 31 (SOLAS and non-SOLAS certification) 2019.
This Marine Order:
prescribes matters in relation to the issue of safety certificates for regulated Australian vessels; and
provides for inspection and maintenance plans for cargo vessels that are ≤10 m in length; and
provides requirements for foreign vessels including certification; and
provides notification requirements for planned tows and other reporting matters; and
gives effect to Chapter I and Chapter VIII of SOLAS.
The following provisions of the Navigation Act provide for this Marine Order to be made:
subsection 98(1) which provides that the regulations may provide for safety certificates;
subsection 98(2) which provides that, without limiting subsection 98(1), the regulations may give effect to SOLAS;
paragraph 98(3)(a) which provides that the regulations may provide that vessels in a particular class must have safety certificates of specified kinds, either generally or in specified circumstances, including certificates relating to survey;
section 314 which provides for regulations to be made prescribing matters for the application for certificates and, among other things, the criteria for issue, variation and revocation of certificates, the conditions which certificates are subject to and the time certificates cease to be in force;
subparagraph 339(2) which provides for regulations to be made relating to specified matters for the safe operation of vessels;
paragraph 340(1)(a) which provides that the regulations may give effect to SOLAS.
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 a Marine Order about anything that must or may be made by the regulations.
In this Marine Order:
approved inspection and maintenance plan means a plan approved under section 26.
approved reactor installation means an installation approved under section 34.
approved safety assessment means an assessment approved under section 35.
anniversary date, for a certificate, means the day and the month of each year that corresponds to the date of expiry of the certificate.
certificate of classification, for a vessel, means a certificate issued by a classification society on completion of surveys or inspections verifying that the vessel is in compliance with its rules and regulations for the standards of hull, machinery, boilers, electrical equipment and control systems.
classification society means a non-government organisation that:
establishes and maintains technical standards for the construction and operation of vessels and offshore structures; and
verifies compliance with its rules and regulations.
Note For further information about classification societies - see the International Association of Classification Societies' website at http://www.iacs.org.uk.
Code of Safety for Diving Systems, 1995 means the Code of Safety for Diving Systems, 1995, adopted by IMO Resolution A.831 (19), as amended from time to time.
ESP Code means the International Code on the Enhanced Programme of Inspections during Surveys of Bulk Carriers and Oil Tankers, 2011, adopted by IMO Resolution A.1049 (27), as in force from time to time.
ISM Code means the International Safety Management (ISM) Code that has the same meaning as in Regulation 1 of Chapter IX of SOLAS.
ISM Guidelines means the Revised Guidelines on the implementation of the International Safety Management (ISM) Code by Administrations, adopted by IMO Resolution A.1071(28), as amended from time to time.
offshore industry unit means a vessel that:
is for use in any operational activity mentioned in subclause 4(1) or 4(5A) of Schedule 3 to the Offshore Petroleum and Greenhouse Gas Storage Act 2006; and
does not include a vessel mentioned in subclause 4(6) of that schedule.
Note 1 The definition includes a vessel described in paragraph (a) whether or not the vessel is located in Commonwealth waters that has the meaning given by the Offshore Petroleum and Greenhouse Gas Storage Act 2006.
Note 2 An offshore industry unit does not include a thing that is not a vessel such as a structure. See section 14 of the Navigation Act for the meaning of vessel.
partially smooth waters means waters where the wave height is up to 1.5 m from trough to crest for at least 90 per cent of the time.
planned tow, for a vessel, means a tow:
by the vessel of another vessel, from a port to another port or on an overseas voyage, that is planned by the owner of the vessel; and
that is not a tow to assist in an emergency involving a threat to a person's life or to the environment.
smooth waters means waters where the wave height is up to 0.5 m from trough to crest for at least 90 per cent of the time.
Survey Guidelines under the Harmonised System of Survey and Certification means the Survey Guidelines under the Harmonised System of Survey and Certification (HSSC), 2017, adopted by IMO Resolution A. 1120(30), as amended from time to time.
towing assessment, for a planned tow, means an inspection or survey of:
1 or both vessels to be involved in the planned tow; or
the proposed arrangements for the tow.
Note 1 Information on obtaining copies of IMO Resolutions or other documents mentioned in this Marine Order is available on AMSA's website http://www.amsa.gov.au.
Note 2 Some terms used in this Marine Order are defined in Marine Order 1 (Administration) 2013, including:
cargo vessel
fishing vessel
length
passenger vessel
SOLAS
USL Code.
Note 3 Other terms used in this Marine Order are defined in the Navigation Act, including:
foreign vessel
Government vessel
inspector
International Tonnage Certificate (1969)
issuing body
marine incident
owner
recognised organisation (for organisations that have been prescribed for the definition - see Marine Order 1 (Administration) 2013)
regulated Australian vessel
vessel.
Note 4 For delegation of AMSA's powers under this Marine Order - see the AMSA website Marine Orders link at http://www.amsa.gov.au.
In this Marine Order:
a term that is used but is not defined for this Marine Order, and is defined in SOLAS, has the meaning given by SOLAS; and
mention of the Survey Guidelines under the Harmonised System of Survey and Certification is taken to be a reference to the Guidelines as if in force internationally on a mandatory basis; and
a reference in Schedules 1 to 3 to complies with means, in relation to a Marine Order, compliance with a requirement of the Marine Order that applies to the vessel or its equipment to the extent it has not been disapplied by any exemption or replaced by any approved equivalent.
Note for paragraph (b) Mention of should in the Guidelines is taken to be mention of must.
For Regulation 11(c) of Chapter I of SOLAS, the appropriate authority for Australia is AMSA.
The reference in SOLAS to the Administration is taken to mean:
for a regulated Australian vessel - AMSA; or
for a foreign vessel - the government of the country whose flag the vessel is entitled to fly.
The reference in the Survey Guidelines under the Harmonised System of Survey and Certification to cargo ship is taken to include a fishing vessel for Subdivision 2.2 and Schedule 2.
This Marine Order applies to:
a regulated Australian vessel; and
a foreign vessel.
However, this Marine Order does not apply to a vessel that is an offshore industry unit.
Note See Marine Order 47 (Offshore industry units) 2019 for requirements that apply to offshore industry units for SOLAS and non-SOLAS certificates.
Division 2 Safety certificates
Subdivision 2.1 SOLAS certificates
A regulated Australian vessel must have a safety certificate of a kind specified in Schedule 1 in accordance with Regulation 12 of Chapter I or Regulation 10 of Chapter VIII of SOLAS.
Note 1 A cargo vessel >300 GT must have a Cargo Ship Safety Radio Certificate.
Note 2 It is an offence under sections 103 and 104 of the Navigation Act if a vessel is taken to sea without a safety certificate of a specified kind in force for the vessel.
A certificate specified in Schedule 1 is also referred to as a SOLAS certificate in this Marine Order.
Note For government vessels, reference should be made to the AMSA website at http://www.amsa.gov.au to ascertain if any exemption has been granted from the requirements of this Marine Order.
For subsection 99(1) of the Navigation Act, a SOLAS certificate is specified as a safety certificate for which a person may apply.
For subsection 99(2) of the Navigation Act, Division 3 of Marine Order 1 (Administration) 2013 (other than section 17) applies to an application to AMSA for a SOLAS certificate.
Note 1 An issuing body may issue a safety certificate under section 100 of the Navigation Act.
Note 2 Division 3 of Marine Order 1 (Administration) 2013 prescribes some general rules about the making and determination of various kinds of applications. Section 17 of that Marine Order provides for internal review of decisions about applications. That section does not apply to decisions about safety certificates because those decisions are reviewable by the Administrative Appeals Tribunal - see subsection 313(1) of the Navigation Act.
For paragraph 100(1)(b) of the Navigation Act, the criteria for the issue of a SOLAS certificate are:
for a certificate of a kind specified in Schedule 1 - those mentioned for the certificate in that schedule; and
if the vessel has an arrangement with a classification society for survey and inspection - a valid certificate of classification; and
if the vessel has fitted a fixed diving system constructed after 23 November 1995 - the vessel has a diving safety certificate that is issued by a recognised organisation in accordance with the Code of Safety for Diving Systems, 1995.
For paragraph 100(2)(a) of the Navigation Act, a SOLAS certificate is subject to the conditions mentioned in Schedule 1 for the kind of certificate specified in that schedule.
Note An issuing body may impose other conditions on a safety certificate - see paragraph 100(2)(b) of the Navigation Act.
An issuing body may endorse a SOLAS certificate following the completion of any survey or inspection of the outside of the bottom of the vessel.
Note 1 It is practice for an issuing body endorsing a certificate to be the same as the issuing body that originally issued the certificate.
Note 2 See the following regulations of Chapter I of SOLAS for information about required endorsements - Regulation 8(c) for endorsement of Cargo Ship Safety Certificates, Regulation 9(c) for endorsement of Cargo Ship Safety Radio Certificates, Regulation 10(c) for endorsement of Cargo Ship Safety Construction Certificates.
A SOLAS certificate comes into force in accordance with Regulation 14 of Chapter I, or Regulation 10 of Chapter VIII, of SOLAS.
A SOLAS certificate remains in force for the period mentioned in the following table for the kind of certificate mentioned unless:
a shorter period is specified in the certificate; or
the certificate ceases to be in force in accordance with Regulation 14 of Chapter I, or Regulation 10 of Chapter VIII, of SOLAS.
Kind of certificate(SOLAS) Maximum period duration
Passenger Ship Safety Certificate 1 year
Cargo Ship Safety Construction Certificate 5 years
Cargo Ship Safety Equipment Certificate 5 years
Cargo Ship Safety Radio Certificate 5 years
Cargo Ship Safety Certificate 5 years
Nuclear Passenger Ship Safety Certificate 1 year
Nuclear Cargo Ship Safety Certificate 1 year
Note Regulation 14 of Chapter I of SOLAS provides a certificate to which it applies ceases to be in force if surveys are not completed within the periods mentioned, the certificate is not endorsed or if the vessel transfers its flag to another State.
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