1.9 National Legislation Flashcards
What is the Navigation Act 2012?
The Navigation Act 2012 is legislation that covers international ship and seafarer safety and protects the marine environment where it relates to shipping and the actions of seafarers in Australian waters.
Under the Commonwealth Administrative Arrangements Order, the Navigation Act 2012 is administered by the Minister for and the Department of Infrastructure, Regional Development and Cities.
The Navigation Act gives effect to international conventions for maritime issues where Australia is a signatory. The Navigation Act provides the legislative power for Australia to implement the treaties developed by the International Maritime Organization, the International Labour Organisation and United Nations Conferences. The Act allows delegated legislation called regulations and marine orders.
List nine functional areas covered by the Nav Act 2012.
- Vessel survey and certification.
- Construction standards.
- Crewing.
- Seafarers’ qualifications and welfare.
- Occupational health and safety.
- Carriage and handling of cargoes.
- Passengers.
- Marine pollution prevention.
- Monitoring and enforcement activities.
Q. Which international conventions are covered by the Nav Act 2012?
- International Convention for Standards of Training, Certification and Watchkeeping for Seafarers (STCW)
- Maritime Labour Convention (MLC)
- International Convention on Load Lines
- International Convention for the Safety of Life at Sea (SOLAS)
- Convention on the International Regulations for Preventing Collisions at Sea (COLREGS)
- International Convention for Safe Containers (CSC)
- International Convention on Tonnage Measurement of Ships
- International Convention for the Prevention of Pollution from Ships (MARPOL)
- Convention on Limitation of Liability for Maritime Claims
- International Convention on Salvage
- United Nations Convention on the Law of the Sea (UNCLOS) - only certain parts
What is AMSA?
AMSA is a statutory authority established under the Australian Maritime Safety Authority Act 1990 (AMSA Act).
The Australian Maritime Safety Authority (AMSA) is a regulatory safety agency with the primary role of delivering services in relation to maritime safety, aviation and amrine search and rescue, and protection of the marine environment from pollution caused by ships. Their role and functions are similar to that of a shipping authority of any other countries.
AMSA is established under the Australian Maritime Safety Authority Act 1990 as a Commonwealth authority and is largely self-funded through levies on the commercial shipping industry. Most of the powers and functions of the Minister set out in the Navigation Act 2012, The Shipping Regulations Act 1981, The Lighthouse Act 1911 and the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 were legislatively transferred to AMSA on its establishment.
Q. Describe the functions and roles of AMSA?
AMSA plays a crucial role in promoting maritime safety, environmental protection, navigation infrastructure, search and rescue operations, and regulating the shipping industry in Australia.
Q. What are Marine orders?
Marine orders are regulations made under Commonwealth legislation.
Marine orders contain the detailed requirements and processes, ensuring legislation keeps up to date with technical and operational advances in maritime safety and environmental protection. They also put international and national maritime standards into effect.
Marine orders are made under the:
Navigation Act 2012(opens in a new tab), Protection of the Sea (Prevention of Pollution from Ships) Act 1983(opens in a new tab) and Protection of the Sea (Harmful Anti-fouling Systems) Act 2006(opens in a new tab) for marine orders 1–98
Marine Safety (Domestic Commercial Vessel) National Law Act 2012(opens in a new tab) for marine orders 500–507.
See: https://www.amsa.gov.au/about/regulations-and-standards-vessels/how-marine-orders-are-created(opens in a new tab)
Q. What are the two series of Marine Orders?
We have two series of marine orders:
Marine orders 1–98 generally give effect to international obligations and standards and apply to regulated Australian vessels, foreign vessels, and some domestic and commercial vessels.
Marine orders 500–507 apply to domestic and commercial vessels.
Q. How do the Marine Orders achieve its objective?
The legislation sets out broad objectives, key certification requirements, compliance and enforcement powers, and administrative matters and describes the major offences and penalties. The marine orders contain detailed technical requirements and cover a wide range of matters, including:
Vessel survey, construction, equipment, and design.
Vessel operations and crewing.
Navigational safety.
Communications
Cargo operations.
Coastal pilotage.
Crew working and living conditions.
Qualifications
International shipping register requirements.
Prevention of pollution, including control of harmful anti-fouling systems.
Q. How does AMSA develop, review and amend marine orders?
The development process covers the following steps:
Issues are identified.
The initial consideration, an examination of alternative options and potential impacts and discussion with potential stakeholders.
Preparation of a draft marine order and preliminary regulatory impact analysis in accordance with the rules applied by the Office of Best Practice Regulation (OBPR).
Public consultation and comment on the draft marine order and the regulatory impact analysis.
Consultation comments considered and appropriate revisions made.
The Chief Executive Officer signs the marine order.
Publish and register the marine order and explanatory material on the Federal Register of Legislation.
Marine order comes into force.
Ongoing monitoring and review to ensure currency.
The development process includes flexibility for amendments. AMSA follows the Australian Government’s Guide to Regulation and consults the Office of Best Practice Regulation (OBPR) throughout the process. A Regulation Impact Statement (RIS) might be prepared based on advice from the OBPR and the preparation of a RIS is mandatory if there is potential for a significant regulatory impact on Australian business.
Q. Describe the consultation, registration and annual regulatory plan by AMSA for the purpose of Marine Orders.
Consultation
AMSA engages in constructive consultation with its stakeholders—in government, industry and the community. When creating or changing a marine order, AMSA has a range of consultation strategies and consultative committees for engaging with stakeholders. AMSA invites comments from peak industry bodies, marine safety authorities, other recognised organisations, shipping companies and unions. Consultation periods are generally for four weeks. For significant, complex or major issues, AMSA may allow longer periods of consultation and further public consultation may occur.
Registration and publication of marine orders
After the Chief Executive Officer signs the marine order, AMSA registers it on the Federal Register of Legislation. Registration must occur for a marine order to take effect.
Annual regulatory plan
AMSA publishes regulatory plans to provide business and the community with information about planned changes to regulatory instruments to make it easier for them to be involved in their development.
Q. What are Marine Notices?
A marine notice provides important safety-related information, general guidance and details about forthcoming changes to legislation to the shipping and maritime community.
Marine notices have no legal standing. They provide important safety-related information, general guidance, or details about forthcoming changes to legislation. All current marine notices are listed on the AMSA website. You can see them and even subscribe if required on the link below:
https://www.amsa.gov.au/about/regulations-and-standards/marine-notices(opens in a new tab)
Q. Give a few examples of recent Marine Notices which are important to a seafarer serving in the capacity of Master or Chief Mate?
2020/02 - Extension of standards of training certification and watchkeeping (STCW) certificates.
2020/01- Fatal accidents caused by moving elevators on ships
2019/04- Implementation of the 1 January 2020 low sulphur fuel requirement.
2019/03- Pilot transfer arrangements
2019/02- Responsible navigation practices
