EXPLANATORY NOTES

Marine Orders Part 17

(Liquefied gas carriers and chemical tankers)
Issue 6
Order No 3 of 2006

Authority

1. Subsection 425(1) of the Navigation Act 1912 (Navigation Act) empowers the
Governor-General to make regulations necessary or convenient for carrying out or
giving effect to the Act.

2. Subsection 425(1AA) of the Navigation Act allows the Australian Maritime Safety
Authority (AMSA) to make orders with respect to any matters in Part IV of the Act,
for or in relation to which provision may be made by regulations.

3. Marine Orders, Part 17, Issue 6, was made pursuant to subsection 425(1AA).

Purpose
4. Marine Orders Part 17:
• gives effect to Part B (construction and equipment of ships carrying
dangerous liquid chemicals in bulk) and Part C (construction and equipment
of ships carrying liquefied gases in bulk) of Chapter VII (carriage of dangerous
goods) of the International Convention for the Safety of Life at Sea (SOLAS)
1974, as amended;
• gives effect to the International Convention for the Prevention of Pollution
from Ships, 1973, as modified by the Protocol of 1978 relating thereto,
(MARPOL 73/78) Annex II Regulation 13 (requirements for minimizing
accidental pollution);
• gives effect to the International Maritime Organization (IMO) Codes:
− IMO Code for the Construction and Equipment of Ships Carrying
Dangerous Chemicals in Bulk as amended (BCH Code);
− International Code for the Construction and Equipment of Ships Carrying
Dangerous Chemicals in Bulk (IBC) as amended;
− IMO Code for Existing Ships Carrying Liquefied Gases in Bulk (EGC Code);
− IMO Code for the Construction and Equipment of Ships Carrying Liquefied
Gases in Bulk (GC Code) as amended;

− International Code for the Construction and Equipment of Ships Carrying

Liquefied Gases in Bulk (IGC Code) as amended.

5. Marine Orders Part 17, Issue 6:

• repeals Marine Orders Part 17;
• gives effect to the IMO amendments to the IGC, BCH, and GC Codes
amendments effective 1 July 2006, and to the IBC Code amendments
effective 1 January 2007; and
• comes into operation on 1 July 2006.
 2

Consultation

6. A copy of the draft text of this issue was circulated to approved survey authorities,
Shipping Australia Limited, the Australian Shipowners Association for comments. The
draft text was also placed on the AMSA web site for public comment.

Overview

7. IMO recently adopted amendments to the IBC, IGC, BCH, and GC Codes:
• Resolution MSC.176(79) implemented the complete replacement of the IBC Code
original text, including the deletion of the original Chapter 19 text (requirements for
ships engaged in the incineration at sea of liquid chemical waste) and the
insertion of a new Chapter 19 (an index of products carried in bulk), and will come
into force 1 January 2007;
• Resolution MSC.177(79) adopted amendments to the IGC Code. The
amendments are in relation to Chapter 10 (electrical installations) and the form of
the International Certificate of Fitness for the Carriage of Liquefied Gases in Bulk,
and will come into force 1 July 2006.
• Resolution MSC.181(79) adopted amendments to the BCH Code. The
amendments relate to the form of the Certificate of Fitness for the Carriage of
Dangerous Chemicals in Bulk and will come into force on 1 July 2006.
• Resolution MSC.182(79) adopted amendments to the GC Code. The
amendments relate to the form of the Certificate of Fitness for the Carriage of
Liquefied Gases in Bulk, and will come into force on 1 July 2006;

8. This issue of Part 17 gives effect to the above IMO amendments. The opportunity has
been taken to restructure and update some provisions in this issue of Part 17.

Contents of the Order

9. Provision 1 indicates both the purpose of the Order, and the power to make the
Order, pursuant to the Navigation Act.

10. Provision 2 provides definitions of words and phrases and Provision 3 provides
interpretations, both of which are required for proper understanding of the Order.

11. Provision 4 specifies the ships to which this Part applies.

12. Provision 5 provides for the exemption of a ship from compliance with a provision of
this Part and provides for the acceptance of an equivalent fitting, material, appliance or
apparatus or type, that is, at least, effective as that required under the Part. This
provision does not provide for an exemption or equivalent that would contravene
SOLAS, MARPOL, or a Code referred to in this Marine Order.

13. Provision 6 provides for an internal review by the General Manager of a decision made
by the Manager, Ship Inspections, under this Part, and specifies the lodgement date for
an internal review application. This provision also provides for a review by the
Administrative Appeals Tribunal of specified decisions made under this Part and for a
statement of reasons to be provided by the decision-maker upon request of an applicant.
 3

14. Provision 7 specifies the certificates of fitness required to be in force in relation to

Australian and non-Australian registered ships, prior to the loading or unloading of
dangerous chemicals in bulk, and liquefied gases in bulk. Provisions 7.2, 7.4, 7.6 and
7.8 are penal provisions.

15. Provision 8 specifies conditions for the issue and duration of a certificate of fitness
referred to in a code applied by this Part.

16. Provision 9 requires a ship, to which certain IMO codes apply, to operate at all times
in accordance with that code. Provision 9.2 is a penal provision.

17. Provision 9.3.1 provides for a surveyor to issue a direction to prevent the loading or
unloading of cargo in unsafe conditions. Provision 9.3.2 specifies that a person must
not resume loading or unloading until a surveyor has withdrawn the direction issued
under Provision 9.3.1. Provision 9.3.3 is a penal provision. Provision 9.4 provides for
a review by the Manager, Ship Inspections, of a decision made under Provision 9.3.1.
and Provision 9.3.2.

18. Documents incorporated by reference

The following publications may be purchased from the International Maritime Organization
(IMO), 4 Albert Embarkment, London SE1 7SR – telephone
+44(0)20 7735 7611 – facsimile +44(0)20 7587 3210. – IMO web site: http://www.imo.org,
and BoatBooks:
- 31 Albany Street, Crows Nest, NSW 2065 - telephone (02) 9439 1133;
- 214 St Kilda Road, St Kilda, Vic 3182 - telephone (03) 9525 3444;
- 109 Albert Street, Brisbane, QLD, 4000 -telephone (07) 3229 6427;
- Web address: http://www.boatbooks-aust.com.au/.

• MARPOL 73/78, Consolidated Edition, 2002;

• The International Convention for the Safety of Life at Sea (SOLAS) 1974, as amended;
• The IMO Code for the Construction and Equipment of Ships Carrying Dangerous
Chemicals in Bulk, (BCH Code);
• International Code for the Construction and Equipment of Ships Carrying
Dangerous Chemicals in Bulk (IBC Code);
• IMO Code for Existing Ships Carrying Liquefied Gases in Bulk (EGC Code);
• IMO Code for the Construction and Equipment of Ships Carrying Liquefied Gases
in Bulk (GC Code);
• International Code for the Construction and Equipment of Ships Carrying
Liquefied Gases in Bulk (IGC Code).

The IMO resolutions referred to in this Part can be obtained from AMSA, telephone
(02) 6279 5084.

Australian Maritime Safety Authority

May 2006