1Name of Order
This Order is Marine Order 32 (Cargo handling equipment) 2016.
This Order is Marine Order 32 (Cargo handling equipment) 2016.
This Order:
prescribes matters for machinery and equipment that belong to a vessel and are used for loading or unloading the vessel, including inspection, testing, maintenance and operation; and
gives effect to those parts of the following instruments of the International Labour Organization that apply to machinery, appliances and equipment that belong to a vessel and are used for loading or unloading the vessel:
Convention No. 27, Marking of Weight (Packages Transported by Vessels), 1929, as in force from time to time;
Convention No. 152, Occupational Safety and Health (Dock Work), 1979, as in force from time to time;
Recommendation No.160, Occupational Safety and Health (Dock Work), 1979, as in force from time to time;
the ILO Code.
The following provisions of the Navigation Act provide for this Order to be made:
subsection 112(5) which provides that the regulations may provide for the loading, stowing or carriage of cargo in vessels, the unloading of cargo from vessels, and the giving of notices about those matters;
paragraph 125(2)(c) which provides that the regulations may provide for checks and tests of machinery and equipment;
paragraph 339(2)(b) which provides that the regulations may provide for machinery and equipment to be carried on board vessels;
paragraph 339(2)(c) which provides that the regulations may provide for the operating, maintaining, checking and testing of the machinery and equipment;
subsection 341(1) which provides that the regulations may provide for the imposition of penalties for the contravention of provisions of the regulations including the imposition of civil penalties.
Subsection 339(1) of the Navigation Act provides that the regulations may prescribe matters required or permitted to be prescribed, or that are necessary or convenient to be prescribed, for carrying out or giving effect to the Navigation 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 Order:
bulk carrier has the same meaning as in Regulation 1 of Chapter IX of SOLAS as clarified by IMO Resolution MSC.277(85), as in force from time to time.
cargo space means a space that is:
intended for the carriage of cargo, including a trunkway or hatchway to the space; and
above or below deck; and
enclosed or open.
cargo transport unit means a road freight vehicle, railway freight wagon, freight container, road tank vehicle, railway tank wagon, portable tank or multiple element gas container.
competent person, for material handling equipment, means a person who:
for carrying out testing, examination in accordance with sections 4.2.2 to 4.2.5 of the ILO Code (known as thorough examination) and issuing certificates of test for equipment under this Order - is appointed by:
the manufacturer of the equipment; or
a recognised organisation, or a classification society recognised by the country in which the vessel is registered, under a scheme of classification or certification of the equipment; or
a testing establishment that AMSA is satisfied:
is competent to test and examine material handling equipment; and
has the necessary equipment for testing and examination; or
for carrying out examinations in accordance with section 4.2.4 of the ILO Code, other than those associated with testing of equipment under this Order or for determining the safe working load of loose gear that is not required to be permanently marked with a SWL:
is appointed by the owner or master of the vessel; and
if the person is a seafarer who holds any of the following positions on board the vessel:
master; or
chief mate; or
chief engineer; or
second engineer.
Note In the Australian maritime industry, the engineer officer who performs the functions of a Second engineer specified by STCW Code Table AIII/2 column 1, is generally referred to as the First engineer.
fibre rope means a rope constructed of natural or synthetic fibre.
hatchway means an opening that provides access for a person or cargo to a cargo space for loading or unloading.
illumination means the measured intensity of light in the horizontal plane 1 m above the working surface.
ILO Code means the ILO Code of Practice Safety and Health in Ports, 2005, published by the International Labour Organization, as in force from time to time.
IMDG Code means the International Maritime Dangerous Goods Code published by the International Maritime Organization, as in force from time to time.
inspection, for material handling equipment, means a visual examination including, if necessary, dismantling, to assess the condition of any part of the equipment for any defect impairing its operational reliability.
intermediate bulk container or IBC means a rigid or flexible portable packaging, as defined in the IMDG Code, that is resistant to stresses produced in handling and transport, as determined by tests that are consistent with:
Chapter 6.5 of the IMDG Code; or
Chapter 6.5 of the latest edition of Recommendations on the Transport of Dangerous Goods - Model Regulations, published by the United Nations; or
AS 3668-1989 Flexible intermediate bulk containers - Non-dangerous goods as in force on 1 January 2017.
lifting appliance means a stationary or mobile cargo-handling appliance belonging to a vessel that is used on board the vessel for suspending, raising, lowering or moving loads from one position to another while suspended or supported, including a crane, derrick crane, derrick, stores crane, cargo lift or mechanical ramp.
loading means:
either:
conveying a load from a place, including another vessel, next to a vessel:
to a location on board the vessel; or
to a second vessel for transfer onto the vessel; or
transferring a load between locations on board a vessel; and
including associated operations such as lashing and securing cargo and inserting clamps and pins in securing devices; and
not including transferring between locations on board the vessel:
stores, equipment or fuel belonging to the vessel; or
mails; or
passengers' luggage.
loose gear means an item of equipment on board a vessel and belonging to the vessel that can be used to attach a load to a lifting appliance but that does not form an integral part of the appliance or load.
material handling equipment means an article or an integrated assembly of articles, on board a vessel and belonging to the vessel, that is designed to convey or for use in conveying cargo, including a lifting appliance, loose gear or mechanical stowing appliance.
mechanical stowing appliance means a wheeled or tracked machine or vehicle, including a lift truck, straddle truck, side-loader, tractor, bulldozer, front-end loader, trailer or truck, that:
belongs to a vessel; and
is on board the vessel; and
is designed to convey or move cargo.
pallet means a load-carrying platform with 1 deck, or 2 interconnected decks, that permit the entry of lifting equipment, such as fork arms, tines, bars or slings.
passageway includes an area providing a means of access through and around structures where cargo is not stowed and does not include working areas or crane pedestals.
register of material handling equipment means the register mentioned in section 25.
responsible person means a person having practical and theoretical knowledge and experience sufficient to enable the person to detect and evaluate any defects and any weaknesses that may affect the intended performance of material handling equipment.
Examples
For carrying out annual examinations, and other inspections, of unclassed loose gear and lifting appliances - Chief Officers, Chief Engineer Officers, First Engineer Officers.
returnable cargo unit means a packaging, into which cargo is packed, that:
is intended to convey cargo from consignor to consignee; and
is designed to be handled as a single unit; and
is not a container or intermediate bulk container; and
is fitted with integral lifting attachments; and
is intended for return and subsequent re-use; and
is or is not collapsible.
runner means a wire rope used for raising or lowering a load.
safe working load or SWL means the maximum gross load that may be lifted safely by a lifting appliance or item of loose gear in a given condition.
Note SWL is also known as 'rated load' or 'working load limit'.
shipborne barge means an independent, non-self-propelled vessel, specifically designed and equipped to be lifted in a loaded condition and stowed on board a vessel.
transport equipment means non-disposable equipment that is used in the transport of a combination or aggregation of cargo as a single unit, including a container, intermediate bulk container, returnable cargo unit or shipborne barge, but not including loose gear.
tray means an article of material handling equipment, designed for repeated use in conveying cargo, that has attachments by which it may be raised or otherwise conveyed, but does not include a cargo transport unit or pallet.
upper deck, for a vessel, means, the following decks if the vessel is carrying cargo on or above those decks:
the freeboard deck;
the raised forecastle and poop deck.
unloading means conveying a load from a location on board a vessel:
to:
a place, including another vessel, next to the vessel; or
a second vessel for transfer to a place, including another vessel, next to the vessel; and
including associated operations such as unlashing cargo and removing clamps and pins from securing devices.
working area means an area, in a cargo hold or on or above the upper deck, that is designed for stowing and securing cargo.
Note 1 Information on obtaining copies of any IMO Resolution, IMO document or other document that is mentioned in this Order is available from the AMSA website Marine Orders link at http://www.amsa.gov.au. Copies of incorporated documents will be made available for viewing free of charge at the nearest AMSA office, on request.
Note 2 Some terms used in this Order are defined in Marine Order 1 (Administration) 2013, including:
IMO
offshore industry mobile unit
SOLAS.
Note 3 Other terms used in this Order are defined in the Navigation Act, including:
AMSA
cargo
container
dangerous goods
inspector
master
owner
port
recognised organisation
seafarer.
Note 4 Recognised organisations are listed in Marine Order 1 (Administration) 2013.
Note 5 For delegation of AMSA's powers under this Order - see the AMSA website Marine Orders link at http://www.amsa.gov.au.
For this Order, a vessel is taken to have been constructed when:
the keel is laid; or
construction identifiable with the vessel starts and the lesser of at least 50 tonnes, or 1% of the estimated mass of all structural material, of the vessel is assembled.
This Order applies to:
loading or unloading a regulated Australian vessel anywhere; and
loading or unloading a foreign vessel at an Australian port; and
loading or unloading of a foreign vessel that is an offshore industry mobile unit:
at an Australian port; or
in the territorial sea of Australia.
This Order is not intended to exclude or limit the concurrent operation of any law of a State or Territory that imposes additional obligations or liabilities on a person.
A person may apply to AMSA, in accordance with the application process set out in Marine Order 1 (Administration) 2013, for an exemption of a vessel from a requirement of this Order.
AMSA may give an exemption 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 risk the safety of a person or damage the vessel or the environment.
Note Marine Order 1 (Administration) 2013 deals with the following matters about exemptions and 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.
AMSA may allow a provision of this Order to be dispensed with for a loading or unloading operation, subject to any conditions, if:
an event or incident has damaged or affected material handling equipment or arrangements; and
a written request is received; and
AMSA is satisfied that dispensing with the provision would not risk the safety of a person or damage the vessel or the environment.
A person may apply to AMSA, in accordance with the application process set out in Marine Order 1 (Administration) 2013, for approval to use an equivalent.
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.
Division 2 Requirements for loading or unloading a vessel
The master of a vessel must ensure that operations are carried out in accordance with this Order, including loading and unloading, and testing, examination and inspection of material handling equipment.
Note Division 4 of Part 4 of Chapter 3 of the Navigation Act deals with offences and civil penalties for passenger and cargo operations.
For paragraph (l) of the definition of marine incident in subsection 14(1) of the Navigation Act, the failure in operation of a component of material handling equipment, whether or not a person is injured because of the failure, is prescribed.
Note 1 The owner and master of a vessel must report marine incidents to AMSA - see sections 185 and 186 of the Navigation Act.
Note 2 For the prescribed periods for reporting marine incidents - see Marine Order 1 (Administration) 2013. Approved forms for the reporting of marine incidents are available on AMSA's website at http://www.amsa.gov.au.
For paragraph 94(1)(b) of the Navigation Act, the requirements are that:
the master agrees to the seafarer loading or unloading the vessel; and
the master must notify AMSA in writing of the agreement as soon as practicable; and
the notification must occur before the operation starts.
Note Section 94 of the Navigation Act provides that seafarers may be employed in handling cargo in connection with loading or unloading a vessel only if sufficient shore labour is not available.
A person may operate a power operated hatch cover on a vessel only if the person:
is a seafarer of the vessel; or
has been authorised to do so by:
the officer in charge of the deck watch; or
the chief mate; or
the master of the vessel.
Penalty: 50 penalty units.
A person may operate vessel's side, bow or stern doors, 'tween deck bulkhead doors, ramps, retractable car decks or other vessel equipment related to cargo space access only if the person:
is a seafarer of the vessel; and
is authorised to do so by the master of the vessel.
Penalty: 50 penalty units.
A person must not use an item of material handling equipment, mechanical ventilation equipment, lighting or other equipment used in loading and unloading for a purpose other than its intended purpose.
Penalty: 50 penalty units.
An offence against subsection (1), (2), or, (3) is a strict liability offence.
A person is liable to a civil penalty if the person contravenes subsection (1), (2) or (3).
Civil penalty: 50 penalty units.
Material handling equipment that is used for loading or unloading a vessel and that is not mentioned in this Order must comply with the ILO Code.
While a vessel is being loaded or unloaded, a person may only remove or interfere with material handling equipment required by this Order:
if there is an emergency; or
as directed by:
the duty officer on the vessel watch; or
the chief mate; or
the master of the vessel.
Penalty: 50 penalty units.
An offence against subsection (1) is a strict liability offence.
A person is liable to a civil penalty if the person contravenes subsection (1).
Penalty: 50 penalty units.
A person to whom subsection (1) applies must replace or restore the material handling equipment as soon as there is no longer any reason for its removal or interference.
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