AMSA MO 2019/4: Marine Order 47 (Offshore Industry Units) 2019
AMSA MO 2019/4: Marine Order 47 (Offshore Industry Units) 2019
AMSA MO 2019/4: Marine Order 47 (Offshore Industry Units) 2019
4 October 2019
Brad Groves
Acting Chief Executive Officer
MO 47 190927ZZ
Authorised Version F2019L01324 registered 11/10/2019
Contents
Page
Division 1 Preliminary ............................................................................................................ 3
1 Name of Marine Order ............................................................................................. 3
1A Commencement ....................................................................................................... 3
1B Repeal of Marine Orders .......................................................................................... 3
2 Purpose ..................................................................................................................... 3
3 Power ........................................................................................................................ 3
4 Definitions................................................................................................................. 4
5 Interpretation ........................................................................................................... 6
6 Application ................................................................................................................ 6
7 Equivalents................................................................................................................ 6
Division 2 Certificates issued under the Navigation Act ................................................... 7
Subdivision 2.1 Various matters about certificates ......................................................... 7
8 Certificates required ................................................................................................. 7
9 Applying for certificates............................................................................................ 8
Subdivision 2.2 MODU safety certificates ......................................................................... 8
10 Criteria for the issue of MODU safety certificates.................................................... 8
11 Conditions of MODU safety certificates ................................................................... 8
12 Endorsements of MODU safety certificates ............................................................. 9
13 Duration of MODU safety certificates ...................................................................... 9
14 Variation of MODU safety certificates ...................................................................... 9
Subdivision 2.3 SOLAS certificates ................................................................................... 9
15 Criteria for issue of SOLAS certificates ..................................................................... 9
16 Conditions of SOLAS certificates............................................................................. 10
17 Endorsements of SOLAS certificates....................................................................... 10
18 Duration of SOLAS certificates ................................................................................ 10
19 Criteria for variation of SOLAS certificates ............................................................. 10
20 Criteria for revocation of SOLAS certificates .......................................................... 10
Subdivision 2.4 Non-SOLAS certificates ......................................................................... 11
21 Criteria for non-SOLAS certificates ......................................................................... 11
22 Conditions of non-SOLAS certificates ..................................................................... 11
23 Endorsements of non-SOLAS certificates ............................................................... 11
24 Duration of non-SOLAS certificates ........................................................................ 11
25 Criteria for variation of non-SOLAS certificates...................................................... 12
26 Criteria for revocation of non-SOLAS certificates................................................... 13
Division 3 Requirements for foreign vessels .................................................................... 14
27 Foreign vessels ........................................................................................................ 14
Division 4 Notification and reporting matters ................................................................... 14
28 Notification of planned tows .................................................................................. 14
29 Notification of alterations, major renewal or repair on vessel .............................. 15
30 Reporting of defects on a regulated Australian vessel ........................................... 15
Division 5 Approval matters ................................................................................................ 15
31 Approval of in-water inspections............................................................................ 15
Schedule 1 SOLAS certificates — criteria for issue and conditions ................................ 17
Schedule 2 Non-SOLAS certificates — criteria for issue and conditions ........................ 21
Section 3
Division 1 Preliminary
1 Name of Marine Order
This Marine Order is Marine Order 47 (Offshore industry units) 2019.
1A Commencement
This Marine Order commences on 1 November 2019.
1B Repeal of Marine Orders
Marine Order 47 (Mobile offshore drilling units) 2012 and Marine Order 60
(Floating offshore facilities) 2001 are repealed.
2 Purpose
This Marine Order:
(a) prescribes matters in relation to the issue of safety certificates for regulated
Australian vessels that are offshore industry units; and
(b) provides requirements for foreign vessels including certification; and
(c) provides notification requirements for planned tows and other reporting
matters.
Note Other Marine Orders also set out requirements that apply to offshore industry units. For
requirements for oil tankers under 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 — see Marine Order 18 (Measures to enhance
maritime safety) 2013. For prescribed matters for pollution certificates — see Marine Orders 91,
93, 96 and 97.
3 Power
(1) The following provisions of the Navigation Act provide for this Marine Order to
be made:
(a) section 98 which provides that the regulations may provide for safety
certificates;
(b) section 125 which provides that the regulations may make provision in
relation to musters, drills, checks of machinery and equipment and other
tests;
(c) section 314 which provides that the regulations may provide for matters
relating to certificates;
(d) subsection 339(2) which provides that the regulations may provide for the
matters mentioned in that provision including:
(i) the design and construction of vessels;
(ii) machinery and equipment to be carried on board;
(iii) the operating, maintaining, checking and testing of machinery and
equipment;
(iv) the stability of vessels;
(v) saving of life at sea;
(vi) prevention, detection and extinguishment of fires;
(vii) the maintenance, testing, survey and certification of vessels.
Section 4
(2) 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.
(3) Subsection 342(1) of the Navigation Act provides that AMSA may make a
Marine Order about matters that can be provided for by regulation.
4 Definitions
In this Marine Order:
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:
(a) establishes and maintains technical standards for the construction and
operation of vessels and offshore structures; and
(b) 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.
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.
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 safety certificate, for a regulated Australian vessel, means a safety
certificate that is:
(a) issued under section 100 of the Navigation Act; and
(b) in the form of the certificate set out in the MODU Code that applies to the
vessel.
MODU Code means:
(a) the Code for the Construction and Equipment of Mobile Offshore Drilling
Units, 1979, adopted by IMO Resolution A.414(XI), as amended from time
to time (the 1979 MODU Code); or
(b) the Code for the Construction and Equipment of Mobile Offshore Drilling
Units, 1989, adopted by IMO Resolution A.649(16), as amended from time
to time (the 1989 MODU Code); or
Section 5
(c) the Code for the Construction and Equipment of Mobile Offshore Drilling
Units, 2009, adopted by IMO Resolution A.1023(26), as amended from
time to time (the 2009 MODU Code).
offshore industry unit means a vessel that:
(a) 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
(b) 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.
planned tow, for a vessel, means a tow:
(a) by the vessel of another vessel, from a port to another port or on an
overseas voyage, that is planned by the owner of either vessel; and
(b) that is not a tow of another vessel to assist in an emergency involving a
threat to a person’s life or to the environment.
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:
(a) 1 or both vessels to be involved in the planned tow; or
(b) the proposed arrangements for the tow.
Note 1 Some terms used in this Marine Order are defined in Marine Order 1 (Administration)
2013, including:
cargo vessel
length
passenger vessel
SOLAS.
Note 2 Other terms used in this Marine Order are defined in the Navigation Act, including:
foreign vessel
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 3 For delegation of AMSA’s powers under this Marine Order — see the AMSA website
at http://www.amsa.gov.au.
Section 5
5 Interpretation
(1) In this Marine Order:
(a) a term that is used but is not defined for this Order, and is defined in
SOLAS or the MODU Code has the same meaning as in those instruments;
and
(b) a reference to the MODU Code that applies to the vessel means
(i) for a MODU constructed before 1 May 1991 — the 1979 MODU Code;
and
(ii) for a MODU constructed after 30 April 1991 and before 1 January
2012 — the 1989 MODU Code; and
(iii) for a MODU constructed after 31 December 2011 — the 2009 MODU
Code.
(c) 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
(d) a reference in Schedule 1 or 2 to complies with, in relation to a Marine
Order, means compliance with a requirement of the 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.
(2) A reference in SOLAS or the MODU Code to the Administration is taken to
mean:
(a) for a regulated Australian vessel — AMSA; or
(b) for a foreign vessel — the government of the country whose flag the vessel
is entitled to fly.
(3) For Regulation 11(c) of Chapter I of SOLAS, the appropriate authority for
Australia is AMSA.
6 Application
This Marine Order applies to an offshore industry unit that is:
(a) a regulated Australian vessel; or
(b) a foreign vessel.
Note This Marine Order does not apply to a vessel when it is a facility within the meaning of
clause 4 of Schedule 3 to the Offshore Petroleum and Greenhouse Gas Storage Act 2006. See
section 640 of that Act.
7 Equivalents
(1) The owner of a regulated Australian vessel may apply to AMSA for approval of
the use of an equivalent in accordance with Marine Order 1 (Administration)
2013.
(2) AMSA may give approval of the use of the equivalent if satisfied that:
(a) for a vessel that is a MODU — the use would not contravene the MODU
Code that applies to the vessel; and
(b) for any other vessel — the use would not contravene SOLAS; and
Section 8
8 Certificates required
(1) A regulated Australian vessel must have the following kinds of safety
certificates:
(a) for a vessel that is a MODU — a MODU safety certificate; and
(b) for a vessel required under Regulation 12 of Chapter I of SOLAS to be
issued a certificate— a corresponding certificate specified in Schedule 1;
and
(c) for a vessel not required under Regulation 12 of Chapter I of SOLAS to be
issued a certificate or a cargo vessel <500 GT — a certificate specified in
Schedule 2.
Section 9
Section 16
(d) the vessel complies with Chapter 14 of the 2009 MODU Code whether or
not that Code applies to the vessel; and
(e) after any survey required by this Marine Order has been completed, any
change to the structure, equipment, fittings, arrangements or material
covered by the survey, other than the direct replacement of equipment or
fittings, is approved by the issuing body.
Note An issuing body may impose other conditions on a safety certificate — see
paragraph 100(2)(b) of the Navigation Act.
Section 16
Section 24
(b) the owner of the vessel for which the certificate is issued has requested the
revocation; or
(c) the certificate contains incorrect information.
Section 25
Section 27
Section 27
Section 31
Section 31
Note 1 An application should be developed by the owner of a vessel in conjunction with the
vessel's issuing body.
Note 2 For a SOLAS certificate, the effect of Regulations 7 and 10 of Chapter I of SOLAS and
the Survey Guidelines under the Harmonised System of Survey and Certification is that a vessel
is required to have 2 dry-dock inspections in the applicable validity period of its SOLAS
certificate or International Load Lines Certificate.
Note 3 For a non-SOLAS certificate, the dry-dock inspection requirements are mentioned in the
Survey Guidelines under the Harmonised System of Survey and Certification.
(2) The application for approval must be made in accordance with Marine Order 1
(Administration) 2013.
Note Marine Order 1 (Administration) 2013 requires a supporting statement setting out the
grounds of the application. It also provides that if a fee is charged the application must be
accompanied by the prescribed fee and, if a form is approved for the application, the approved
form must be used.
(3) AMSA may approve inspection of the outside of the bottom of the vessel to be
conducted in-water, in lieu of a dry-dock inspection, if AMSA is satisfied that
the in-water inspection is at least as effective as a dry-dock inspection.
Note For passenger vessels, AMSA may take into account Guidelines for the assessment of
technical provisions for the performance of an in-water survey in lieu of bottom inspection in
dry-dock to permit one dry-dock examination in any five-year period for passenger ships other
than ro-ro passenger ships (MSC.1/Circ.1348).
(4) An approval is subject to conditions imposed by AMSA.
Note Failure to meet any condition imposed on an approval of an in-water survey will result in
an obligation for the owner or master to comply with dry-dock requirements required under this
Marine Order.
Criteria Conditions
(i) Marine Order 12 that regulation and Survey
(Construction — subdivision and Guidelines under the
stability, machinery and Harmonised System of Survey
electrical installations) 2016; and Certification.
(ii) Marine Order 15 (3) Any endorsement required to be
(Construction — fire protection, made to the certificate under
fire detection and fire extinction) Regulation 10 or 14 of Chapter I
2014. of SOLAS are made.
(4) After any survey mentioned in
Regulation 10 of Chapter I of
SOLAS has been completed, any
change to the structure,
equipment, systems, fittings,
arrangements or material covered
by the survey, other than the
direct replacement of equipment
or fittings, is approved by
AMSA.
1.3 Cargo Ship Safety Equipment Certificate
Criteria Conditions
The vessel: (1) The vessel and its equipment
(a) has been surveyed in and appliances are maintained
accordance with Regulation 8 to comply with the Marine
of Chapter I of SOLAS and Orders specified in column 1.
Survey Guidelines under the (2) Each survey of the vessel that is
Harmonised System of Survey required by Regulation 8 of
and Certification; and Chapter I of SOLAS is
(b) complies with the following completed in accordance with
Marine Orders: that regulation and Survey
Guidelines under the
(i) Marine Order 12
Harmonised System of Survey
(Construction — subdivision
and Certification.
and stability, machinery and
electrical installations) 2016; (3) Any endorsement required to be
made to the certificate under
(ii) Marine Order 15
Regulation 8 or 14 of Chapter I
(Construction — fire protection,
of SOLAS is made.
fire detection and fire
extinction) 2014; (4) After any survey mentioned in
Regulation 8 of Chapter I of
(iii) Marine Order 21 (Safety and
SOLAS has been completed,
emergency arrangements) 2016;
any change to the structure,
(iv) Marine Order 25 (Equipment equipment, systems, fittings,
— lifesaving) 2014; arrangements or material
(v) Marine Order 30 (Prevention covered by the survey, other
of collisions) 2016. than the direct replacement of
equipment or fittings, is
Criteria Conditions
approved by AMSA.
Criteria Conditions
Survey Guidelines under the specified in column 1.
Harmonised System of Survey (2) Completes each survey or
and Certification as if surveyed inspection mentioned in the
for a Cargo Ship Safety Survey Guidelines under the
Certificate; and Harmonised System of Survey and
(b) complies with the following Certification, as if surveyed for a
Marine Orders: Cargo Ship Safety Certificate.
(i) Marine Order 12 (3) Any endorsement required to be
(Construction — subdivision made to the certificate under this
and stability, machinery and Marine Order is made.
electrical installations) 2016; (4) After any survey required by this
(ii) Marine Order 15 Marine Order has been
(Construction — fire protection, completed, any change to the
fire detection and fire structure, equipment, systems,
extinction) 2014; fittings, arrangements or material
(iii) Marine Order 21 (Safety and covered by the survey, other than
emergency arrangements) the direct replacement of
2016; equipment or fittings, must be
approved by AMSA.
(iv) Marine Order 25 (Equipment
— lifesaving) 2014; (5) There is in place for the vessel a
safety management system that is
(v) Marine Order 27 (Safety of
applied on the vessel in
navigation and radio
accordance with the ISM Code
equipment) 2016;
and the ISM Guidelines.
(vi) Marine Order 30 (Prevention Note The safety management system
of collisions) 2016. may include the towing arrangement
The owner of the vessel who has for any towed barge >10 m in length
agreed to take over all the duties and if the barge:
responsibilities imposed by the ISM (a) is not self-propelled; and
Code (in the ISM Code called the (b) has no crew or passengers; and
Company) has given the issuing (c) does not carry oil or noxious
body a written declaration that there substances; and
is in place for the vessel a safety (d) does not produce oil residues; and
management system that complies (e) has no arrangement for sewage.
with Part A of the ISM Code, as if it
were a vessel to which Chapter IX of
SOLAS applies.
Note
1. All legislative instruments and compilations of legislative instruments are
registered on the Federal Register of Legislation under the Legislation Act 2003. See
https://www.legislation.gov.au.