cargo related marine orders mo32, 41, 42 and 43 an update · your ship must carry a special list or...

Cargo related Marine Orders

MO32, 41, 42 and 43

An update

Context – scope of the presentation

Within the Marine Orders made under the Navigation

Act 2012 there are eight marine orders that focus on

cargoes or cargo related issues.

This presentation will examine just 4 with a view to

providing an update on what is happening with the

orders and issues noted.

The orders in question are……


Marine Order 32 (Cargo

handling Equipment).

This applies to loading and

unloading operations on:

►Regulated Australian

vessels and

►Foreign flag vessels in an

Australian port.


Marine Order 41 (Carriage

of Dangerous Goods).

This applies to loading and

carriage of DG on:

►Regulated Australian vessels

and


Australian port.


Marine Order 42 (Cargo

Stowage and securing).

This applies to cargo

stowage and securing on:

►Regulated Australian

vessels and


Australian port.


Marine Order 43 (Livestock

[carriers]).

This applies to the loading and

carriage of livestock on:

►Regulated Australian vessels

and

►Foreign flag vessels carrying

livestock from an Australian

port.

MO32 – An update

Marine Order 32 was first developed in the mid 80’s at

a time where contemporary WHS legislation did not

exist.

As a result it covered the ‘whole’ field including:

► Ships equipment

► Shore Equipment; and

► Safety of crew and stevedores

MO32 – An update

With the development of OH&S legislation in the 90’s

it was no longer necessary for MO32 to cover

provisions that would be more appropriately covered

in State and Territory WHS legislation.

Work to remove these provisions commenced in

1999 but concerns that a ‘standards vacuum’ may

result prevented action until recently.

MO32 – An update

In April 2010 Safe Work Australia established a

Temporary Advisory Group (TAG) to work on a Code

of Practice for Stevedoring.

AMSA participated in this TAG, reiterating its

intention to remove WHS provisions from MO32 but

undertook to keep these in place, pending release of

the CoP.

MO32 – An update

A draft CoP was released

by Safe work in mid 2013

but this referred to MO32.

Additional work has been

done by AMSA and Safe

work and a revised CoP

and a draft MO32 are in

development.

MO32 – What is coming out of it?

The plan is that MO32:

Will only apply to ship board equipment;

Will have all ‘recommendatory’ requirements for

safe systems of work removed;

Will have all WHS requirements applicable to

shore labour removed;

However, these will be captured in the CoP

MO32 – Jurisdiction?

There has been some confusion about MO32, but:

MO32 does not displace State WHS legislations; [confirmed with AGS and noting section 8.4 of the order]

MO32 does apply to activities ashore but only in

so far as they effect the safety of the ship; and

MO32 does not regulate OHS in workplaces

ashore or shore workers working on the vessel.

MO41 – Does this apply to you?

Marine Order 41 mandates the IMDG

Code (as mandated by SOLAS) for the

loading and carriage of DG.

This does not mean it only applies

to “SOLAS” ships over 500 tonnes.

It applies to all ships carrying DG, which are subject to

MO41, irrespective of size (this is consistent with

Regulation).


This includes off shore

vessels.

Previously ‘intrastate’

operating offshore foreign

flag vessels were not

captured under the

Navigation Act 1912.

This is not the case under

the Navigation Act 2012.

Why is this important?

Hanjin Pennsylvania – One life lost, ship a write off


Hyundai Fortune – Ship recover for discharge only

MO41 – Ship obligations

Because MO41 applies:

Your ship must have a Document of Compliance

(DoC) for the Carriage of DG; [see SOLAS II-2/19 in that

this applies to cargo ships of less than 500 gross tonnage]

The DOC must detail what DG can be carried,

where on the ship (including DG in bulk); and

The ship must comply with the DoC.

MO41 – Ship obligationsShip


Your ship must carry a special list or manifest of

the goods carried. [see SOLAS VII/4.5 and MARPOL Annex

III/, 4(3)]

For offshore vessel this is sometimes difficult for

short turn around operations but you can

approach AMSA to have ‘equivalent’

arrangements put in place.

MO41 – Shipper obligations


Those packing, labelling and

‘consigning’ (signing

documentation) must be trained

through an AMSA accepted

training Course. [see 1.3 of the IMDG

code]

The employer must keep records

of such training.


Because MO41 applies, cargo declarations are required

from the shipper:

A transport document with the cargo information in the

form and order of information required by section

5.4.1 of the IMDG code;

A declaration that the shipment complies as required

by section 5.4.1.6 of the IMDG Code; and

Where the cargo is in a container or vehicle – a

container/vehicle packing certificate signed by the

‘shipper’ of the container/vehicle.


All this can be captured in a multimodal dangerous goods

form. The form AMSA 250 can be used for this purpose.

Shippers should be aware of the declarations they are

required to make…. Namely ….

“I hereby declare that the contents of this consignment are fully

and accurately described above by the Proper Shipping Name,

and are classified, packaged, marked and labelled/placarded, and

are in all respects in proper condition for transport according to

applicable international and national government regulations.”

MO41 – How is this applied?


You cannot deviate from the IMDG Code unless

the Competent Authority (CA) is involved;

Where the IMDG code requires acceptance,

agreement or approval this must be sought; and

The operations have to comply with the

requirements of MO41, specifically schedule 1 of

the order.

MO41 – How is this enforced?

Under MO41 and the Navigation Act 2012 Surveyors

conduct DG inspections on ships and can conduct

compliance and enforcement activity for shore

parties subject to the act - Surveyors may:

Prohibit loading

Detain ships

Issue Improvement and/or Prohibition notices

Issue on the spot fines (coming).

MO41 – Version of IMDG code in effect?

The IMDG Code is replaced

every two years to harmonise

with the UN Model regulations

The current version of the IMDG

code is the 2012 version which

became mandatory on 01 January

2014 and is based on the 18th

edition of the model regulations.

MO41 – Version of IMDG code in effect?

The 2014 edition of the IMDG

Code (based on the 19th edition of

the Model Regulations) will be

published in November 2014.

This will be in voluntary effect from

01 January 2015; and

Mandatory effect from 01 January

2016.

MO41 and MO42

The IMDG code requires that all DG be stowed and

secured as required by Chapter VI and VII of

SOLAS…………….

Chapter VII applies to all cargoes which brings us to

MO42.


MO42 applies in the same

manner as MO41, in that it

applies to all ships subject to


This means ‘intrastate’

operating offshore foreign

flag vessels are captured.


Cargo securing is not limited

to securing on the vessel but

the packing and securing of

cargo within unitised loads as

well

So like MO41 the shippers

also have obligations and

these can be enforced.

MO42 – Ship Obligations

The vessel must have an approved

cargo securing manual (CSM):

►Cargo must be stowed and

secured in accordance with the

CSM; or

► If the cargo type is not captured

in the CSM then the arrangement

is specifically approved (normally

by Class).


The vessels cargo securing

equipment is listed in the CSM and

►Must be used in the manner

required by the CSM; and

► Must be well maintained and

held in sufficient quantity to

secure all cargo carried as

required by the CSM.


The cargo is to be secured BEFORE the ship proceeds

to sea.

MO42 – Shipper Obligations

For unitised cargo the shipper is

to ensure the cargo is properly

packed in the container or cargo

transport unit.

[SOLAS VI/5.2 and MO42 s10.2]

Note: advice is provided in the joint

IMO/ILO/UN ECE Guidelines for

Packing of Cargo Transport Units

(This is being revised).


The shipper is required to give

cargo information to the master:

[SOLAS VII/2 and MO42 s8.1].

►A general description of the

cargo;

►The gross mass of the cargo or

cargo units;

►Any relevant ‘special’ properties

of the cargo.


Prior to loading cargo units on

board ships, the shipper shall

ensure that the gross mass of

such units is in accordance

with the gross mass declared

on the shipping documents [SOLAS VI/2.3 and MO42 s8.2]

MO42 – Future Shipper Obligations

MSC 93 (May 2014) approved the

proposed changes to SOLAS

Regulation VI/2 which require

verification of packed containers'

weights as a condition for vessel

loading.

To be confirmed at MSC 94 but

earliest entry into force would be

July 1, 2016.

MO42 – Future Shipper Obligations

Why is verification required?

Inaccurate weights can have a

significant impact on:

►The stability calculations for the

vessel

►The effectiveness of the lashing

plan for cargo.


Remember the Pacific Adventurer

…… this was an issue that started

with cargo securing ….

And ended with a $32

million clean up

MO42 – Future Changes from IMO

New regulation 5-2 entered into force on 01 January 2014 – It

prohibits the blending of bulk liquid cargoes during a sea

voyage:

This prohibition does not preclude the master from

undertaking cargo transfers for the safety of the ship or

protection of the marine environment.

The prohibition does not apply to the blending of products for

use in the search and exploitation of seabed mineral

resources.

MO43 – Applies to DCV?

The application of MO43 was

covered in the introduction,

however, it should be noted

that under the applicable

provisions of this order and


It does not apply to DCV’s.

Note if a DCV goes beyond the

EEZ then it is a RAV.

MO43 – An update

MO43 applies to livestock

cargoes and was last

substantially updated with

issue 6 in 2006.

A minor update was

completed on 05 June 2013

to cater for changes required

to give effect the new


MO43 – An update

MO43 forms part of the governments livestock supply chain

assurance process.

In 2011 the Farmer Review recommended that legislation

for the export of live animals be reviewed. AMSA had

commenced this process at the end of 2011, but this had

been held over pending the new Act.

Since 2013 the review has been actively pursued and

proposed changes have been discussed at the Livestock

Advisory Committee (LAC).

MO43 – An update

The changes being considered cover:

►Structural fire protection;

►Drainage;

►Removal of redundant provisions;

►Rationalisation of requirements (i.e DMP and ISM);

►Removal of ambiguities and application of errata

corrections.

MO43 – An update

The next step will be a draft order which will be provided to

LAC for consideration and discussion. AMSA hosts and

chairs the LAC which has representatives from:

►Department of Agriculture;

►Livestock Exporters;

►Ship Owners and Operators;

► Industry bodies;

►Animal Welfare (RSPCA).

MO43 – An update

After this process is

completed the order will be

circulated for public comment.

Only after all these processes

are completed can the order

be ‘made’.

The desired outcome remains the

‘proper carriage of livestock’. It

should not be revolting on board.

9. Questions

International Maritime Solid

Bulk Cargoes (IMSBC)

Code

What does it mean to you?

Context – Bulk Carriers

Before looking at the International Solid Bulk Cargoes

(IMSBC) Code it is worth looking at how important this

code is from the Australian perspective.

In other words just how important are bulk carriers ….

Bulk Carriers - Summary of 2013 Data

► During the calendar year of 2013 there were:

- 25,697 ship arrivals, by 5,447 foreign flagged ships (an increase of 2% arrivals and 7% ships from 2012)

- 3,342 PSC inspections (an increase of 5% from 2012)

- 233 detentions (or 7% of PSC inspections resulted in a detention)


− Bulk carriers accounted for

• 47% of ship arrivals, and

• 55% of PSC inspections

− PSC inspections occurred in 51 Australian ports

− Average gross tonnage per visit has increased from

44,588GT in 2012 to 44,642GT in 2013

Bulk Carriers - Summary of 2013 and 2012 Data

Comparison of

PSC Results

2012 to 2013

Ship Type 2012 2013 Change

Bulk Carrier 11,099 11,958 7.7%

Chemical Tanker 1,291 1,127 -12.7%

Container Ship 4,298 4,133 -3.8%

Gas Carrier 571 602 5.4%

General Cargo/Multi-purpose ship 2,029 1,919 -5.4%

Livestock Carrier 178 265 48.9%

Oil Tanker 1,787 1,856 3.9%

Vehicle Carrier 1,589 1,569 -1.3%

Other Ship Types 2,273 2,268 -0.2%

Total visits 25,115 25,697 2.3%

Individual Ships 5,102 5,447 6.8%

Total Inspections 3,179 3,342 5.1%

Individual Ships Inspected 2,842 2,950 3.8%

Ship Inspection Rate (%) 53.5 54.2 0.7%

Average Gross Tonnage/Visit 44,588 44,642 0.1%


TOTAL PSC INSPECTIONS = 3,342

► Bulk carrier – 1,850 (or 55%)

► Container ship – 298 (or 9%)

► General cargo/Multi-purpose – 262 (or 8%)

► Oil tanker – 235 (or 7%)

► Vehicle carrier – 181 (or 5%)


47%

4%

16%

2%

8%

1% 7%

6% 9%

Bulk Carrier

Chemical Tanker

Container Ship

Gas Carrier

General Cargo/Multi-purpose ship

Livestock Carrier

Oil Tanker

Vehicle Carrier

Other Ship Types


TOTAL DEFICIENCIES BY FREQUENCY AND SHIP

TYPE….

► Structural/equipment on bulk carriers (26%)

► Operational on bulk carriers (15%)

► Human Factor on bulk carriers (13%)

► Structural/equipment on container ships (5%)

► Structural/equipment on general cargo/multi-

purpose ships (4%)

2013 Top 5 – Detainable Deficiencies by ship type

TOTAL DETAINABLE DEFICIENCIES

► Structural/equipment on bulk carriers (32%)

► ISM on bulk carriers (16%)

► Structural/equipment on container ships (8%)

► Human factor on bulk carriers (6%)

► Structural/equipment on general cargo/multi-

purpose ships (6%)


TOTAL DETENTIONS = 233

► Bulk carriers (59%)

► Container ships (10.7%)

► General cargo/multi-purpose ships (9.4%)

► Oil tanker (3%)

► Vehicle carrier (3%)

In 2013: 7.4% of bulk carriers inspected were detained.

Bulk Carriers – 7.4% in 2013, average was …..

2008 2009 2010 2011 2012 2013

Total

Inspections 2795 2994 3127 3002 3179 3342

Total

detentions 225 248 222 275 210 233

Detention %

8.1 8.3 7.1 9.2 6.6 7.0

IMSBC Code – Who does it apply to?

The IMSBC Code is a

mandatory code adopted

by the IMO through SOLAS

Chapter VI and VII.

SOLAS is adopted through

section 340(1) of the



The IMSBC Code is implemented in Australia through

Marine Order 34.

This order applies to bulk carriers, loading bulk cargo:

That are Regulated Australian Vessels (RAV) loading in

any port;

That are Foreign flag vessel in any Australian port.

It is worth noting the definition of port is very broad.


It is important to note that Chapter VI and VII of SOLAS

and Marine Order 34 do not simply place obligations on the

ship ……..

This order places obligations on:

The Shipper of the cargo;

The Terminal loading the cargo;

AMSA, as the competent authority ….. and

The ship.

MO34 – what to we require?

► The Shipper provides a notification to load as required by MO34

► Ship and terminal agree a plan consistent with the BLU Code, (note:

this now applies to grain)

► The plan is adhered to and any variations are agreed.

► The shipper provides a cargo declaration as required by the IMSBC

Code and any other required certificates or declarations.

► The declaration matches the cargo (density ranges are not

acceptable)Concentrated Inspection campaigns:

► The master and crew monitor the cargo operations to verify

compliance

MO34 – When do we get involved?

► AMSA may undertake a dedicated bulk cargo inspection separate to

the PSC inspection..

► Where we think the plan is not being complied with or is not in

compliance with the IMSBC Code….. we will get involved

► Where the cargo is not properly declared…… we will get involved

► Where the ship is not suited to the cargo (or not approved to carry it)

…… we will get involved

► Where there is damage to the ship or its systems that affect cargo

operations…… we will get involved.

► Where a cargo requires a CA approval ….. It must be requested well

before loading.

IMSBC Code – What is a loading plan?

Before loading or unloading, the Master and the

terminal representative must agree a Loading

Plan to ensure that the permissible forces and

moments on the ship are not exceeded.

What is required to be in this Plan is detailed in

the Code of Practice for the Safe Loading and

Unloading of Bulk Carriers (the BLU Code)

MO34 – When do we get involved?

AMSA can and will prohibit loading, or continuation of

loading, where cargo operations or declarations do not

comply with the IMSBC Code or MO34.

MO34 – BCSN, What’s that?

Each bulk cargo is

identified by a Bulk

Cargo Shipping

Name (BCSN).

This is found for

existing cargoes in

the IMSBC code

MO34 – BCSN, What’s that?

Each BCSN has an associated schedule that

should be followed when loading and carrying the

cargo

It must be used on the shippers declaration when

describing the cargo

MO34 – The BCSN does not fit!

The BCSN and schedule must match the cargo ….

it is not a case of ‘its close ….. Its fine”.

Why is this important. Where properties are

assumed rather than known then the shipper may

introduce significant risks.

For example a shipper declared iron process

washings as Group C on assumption ….


The material was fine grain with less than 5%

metallic iron. It was also wet …..

So it generated

hydrogen


The resulting

explosion severely

damaged and

displaced #1 hatch

cover.

Would you want

to be next to this

when it went up?

MO34 – Dealing with issue of BCSN

Where material is not covered by a BCSN or is

adequately described in the schedule then the

competent authority must be involved.

The procedure the shipper needs to follow is in

Chapter 1 of the IMSBC Code.


The Competent Authority (CA) will assess the

cargo based on information provided by the

shipper (note MSC Circ.1453 in this regard)

The CA will set carriage requirements and a

provisional BCSN.

This is not a simple process …… particularly

when…...


….. The cargo is a type A which may liquefy


….. and/or a Group B

which has chemical

hazards ..

Such as the generation

of explosive gases

such as hydrogen.


Cargoes that self heat or may spontaneously

combust.


Caution – never assume a cargo will not be a fire risk as it

appears to be non-combustible ….this is DRI


The requirements for Where a cargo is Group A

and/or Group B then the competent authority will

need to assess the cargo…. and

Seek agreement with the port of discharge and the

flag state of the ship. This is referred to as a

Tripartite assessment.


Where a cargo is a Group C then the CA can

unilaterally set the carriage requirements but in all

cases ……

The CA must make submissions to IMO on the

cargo to have it captured in the IMSBC Code…

Failure to do this may have an adverse result for

export.


Submission to IMO is not

a simple process and

AMSA will require

support from the shipper

if this is to be completed

expeditiously.

It really is a joint effort.

CA approvals – why worry?

AMSA have noted that other administrations are focusing

on CA approvals and their acceptance of them.

This is due in part to concerns related to liquefaction but

is also related to dangerous properties of cargoes and the

risks they posed.

The transport of bulk cargoes has been prohibited

where the country of shipment, flag state of the ship

or country of receipt have been unhappy with

information provided by the shipper

IMSBC Code – What’s new…

In June 2013 the IMO

adopted amendment

02-13 to the IMSBC

Code.

These can be applied

on a voluntary basis

from 1 January 2014.


Mandatory compliance with the amended IMSBC

Code requirements will commence on 1 January

2015.

Important note – A revised code is

published every two years

This revision brings into effect a lot of changes and new

schedules …. We will focus on the really important bits


Section 1.7 – The definition of a “Competent

Authority” now includes a requirement for the

Competent Authority to operate independently of

the shipper…..

Some may see the need to say this as surprising.


Section 4.3.2 the requirement for the shipper to

provide a signed certificate of the Transportable

Moisture Limit (TML) and a signed certificate or

declaration of the moisture content has changed.

Now such documentation to be issued by an entity

recognised by the Competent Authority at the port

of loading. (to be resolved in MO34)


New section 4.3.3 and when any cargo that may

liquefy is to be shipped, the shipper:

Shall have procedures for sampling, testing and

controlling the moisture content of the cargo to ensure it

is below the TML while on board the vessel.

These have to be approved, and implementation

checked, by the Competent Authority at the port of

loading.


A copy of the approval document issued by the

Competent Authority is to be provided to the Master or

his representative.

This ‘moisture management plan is a pretty big

change but does provide the ability be more

certain about moisture content in stock piles. Most

large exporters have started this process already.


The intention is to

avoid scenes such as

this.

From AMSA’s

perspective our exporters

are leading the way in get

these measure in place


New section 4.3.4 about uncovered barges with

low freeboard transporting Group A cargoes to

other vessels has been added

Shippers are to include measures to protect cargo

on barges from precipitation and water ingress in

the procedures required by paragraph 4.3.3….. As

we just discussed

.


New section 4.4.3 on sampling procedures which

will require shippers to facilitate access to

stockpiles by the ship’s nominated representative

for the purposes of inspection and sampling for

subsequent testing.

This is not a shall. But access is required by the

master for a range of issues including checking

draft marks ….. Access is becoming an issue

.


The existing paragraph 7.2.2 has been replaced

with the sentence “Liquefaction does not occur

when the cargo consists of large particles or

lumps and water passes through the spaces

between the particles and there is no increase in

water pressure”.

This is actually very important and has been

adopted due to recent Industry research.

.


And lots of new

schedules ….

Including iron ore

fines.

Again important work

adopted due to recent

Industry research.

.

Operational needs for Access

Access may be required for the following:

To comply with the Ship Shore checklist required

by the BLU (and by connection the IMSBC code).

To check draft marks in order to confirm the

loading is in compliance with the load plan

Access to stock piles - maybe (new section

4.4.3)

Access in bulk terminals, problems?

The ships master and crew require access

ashore for a range of operation reason separate

to the access for shore facilities for crew arsing

out of the Maritime Labour Convention.

Such access must be safe and need not

necessarily be provided by the ship. Marine

Orders 21 address Access requirements and

obligations.

.

Sea side access

In some terminals the

ships accommodation

ladder is used to

facilitate sea side

access ladder.

This can have safety

implications where ships

de-ballast to below the

designed light draft.

Sea side access

So is this safe?

Well no! There a

maximum allowable

angle of 55⁰ and the

lower platform can

only be 600mm above

the water line.

Sea side access

Where a ship board

accommodation ladder

cannot be rigged in a

safe manner (even if it

is due to ballast) ….

IT SHOULD NOT BE

USED.

Shore side access

Where a ship cannot

provide safe access an

alternative is required

if there is to be access

to the ship

This can be provided

by the terminal

Shore side access

But if it is not safe

AMSA will prohibit its

use.

Where the ship cannot

provide safe access due

to configuration issues

or arrangements in the

terminal…..

Shore side access

AMSA can issue

improvement notices to

terminals.

Finally ….…..

Fall prevention devices

Where a fall prevention

device is fitted (required

or otherwise) it must be

fit for use and safe

Otherwise it cannot be

used and AMSA will

take action to address

unsafe arrangements.

De-ballasting – how far can you go?

A vessel cannot de-

ballast to the point where

access is unsafe. It must

be fit for use and safe

Otherwise it cannot be

used and AMSA will take

action to address unsafe

arrangements.

9. Questions

cargo related marine orders mo32, 41, 42 and 43 an update · your ship must carry a special list or...

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