mo 43, explainatory notes

8/12/2019 MO 43, Explainatory Notes

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EXPLANATORY NOTESMarine Orders Part 43

(Cargo and Cargo Handling Livestock)Issue 6

Order No 13 of 2006

Authority

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

2. Subsection 425(1AA) of the Navigation Act allows the AustralianMaritime Safety Authority (AMSA) to make orders with respect toany matter in Part IV of the Act for or in relation to which provisionmay be made by the regulations.

3. Marine Orders, Part 43, Issue 6, was made pursuant to subsection425(1AA).

Purpose

4. Marine Orders Part 43, Issue 6, makes provision for the certificationof ships engaged in the carriage of livestock cargoes and specificrequirements concerning the stowage and carriage of such cargoesfor the safe operation of ships.

5. This Issue repeals Issue 5 and removes certain animal welfarerequirements which are currently administered by the AustralianQuarantine Inspection Service (AQIS).

Consultation

6. The draft text of this issue was circulated to the Department ofAgriculture and Food Government of Western Australia,Australian Shipowners Association, Shipping Australia Limited,AQIS, recognised classification societies, LiveShip, Livecorp and

other interested organisations and individuals for comment. A copywas also placed on AMSAs external website for public comment.

7. The Office of Regulation Review (ORR) has also been consulted.ORR advised that a Regulatory Impact Statement was notmandatory for the proposed changes.

Overview

8. This issue of Part 43 removes requirements relating to animalwelfare which are now covered under the Australian Standards for

the Export of Livestock, which is administered by AQIS.


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9. Other changes include:

the introduction of a requirement for older ships to meetapplicable Safety of Life at Sea Convention standards by1 December 2011 for the reissue or endorsement of anAustralian Certificate for the Carriage of Livestock; and

the requirement that upon completion of a voyage the masterof a ship must make a report to the Secretary of theDepartment of Agriculture, Fisheries and Forestry (DAFF) inaddition to providing a copy of the report to the Manager,Ship Inspections, AMSA.

10. The opportunity has also been taken to update and / or clarify anumber of provisions.

Contents of the Order

11. Provision 1indicates both the purpose of the Order and the powerto make the order, pursuant to the Navigation Act.

12. Provision 2provides definitions of words and phrases andProvision 3provides interpretations to enable properunderstanding of this Part.

13. Provision 4specifies the ships to which this Part applies and thoseto which this Part does not apply.

14. Provision 5.1provides that the Manager, Ship Inspections, mayallow modifications to the application of any of the provisions in thispart, if the Manager, Ship Inspections, considers that suchmodifications will pose no danger to persons or detriment to theproper carriage of livestock.

Provision 5.2also provides for the Manager, Ship Inspections, toallow any equivalent fitting, material, appliance or apparatus, or typethereof, that is, at least, as effective as that required under the Part.

Provision 5.4 provides that a Manager, Ship Inspection must notallow such modifications or equivalents if this would be inconsistentwith a prohibition in Provision 10.5.

15. Provision 6provides for an internal review by the General Managerof a decision made by the Manager, Ship Inspections, or asurveyor, under this Part and specifies the lodgement date for aninternal review application. The Provision also provides for a reviewby the Administrative Appeals Tribunal of the General Managersdecision.

16. Provision 7provides for the notification of intention to loadlivestock on a ship, pre-loading inspections and for inspections


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during and after loading. This provision contains a number of penalprovisions as follows:

Provision 7.1.1prohibits the master of a ship from allowinglivestock to be loaded onto a ship at a port in Australia (other thanfor a short voyage), until a surveyor has inspected the ship andascertained that the ship complies with the provisions of this Part,or with the Australian Certificate for the Carriage of Livestock andthat it is in a fit state for the proper carriage of livestock to beloaded;

Provision 7.1.2 prohibits the master of a ship from allowinglivestock to be loaded onto a ship for carriage on a short voyage,until a surveyor has carried out pre-loading inspections of the shipand ascertained that the ship complies with the relevant provisionof this Part and are in a fit state for the proper carriage of thelivestock;

Provision 7.3.2requires a person to comply with therequirements of a surveyors order under Provision 7.3.1;

Provision 7.5.1 prohibits a master from taking a ship to sea withlivestock unless the requirements of this Part are complied withand the master has been provided with information detailing thenumber, weight and type of livestock on board;

Provision 7.5.2 specifies that a person must not provideinaccurate information of that required by Provision 7.5.1;

Provision 7.6.1 requires the master to ensure that livestock

services are maintained in accordance with the ships Record ofEquipment and Arrangement;

Provision 7.6.2 prohibits a person from altering a ships livestockfittings, livestock equipment or carriage arrangements without theauthorisation of the ships master.

17. Provision 8 specifies certain restrictions in regard to the carriageand loading of livestock on a ship.

18. Provision 9 provides for the structural requirements for a ship to be

used for the carriage of livestock.

19. Provision 10.1 provides for the requirement of a valid AustralianCertificate for the Carriage of Livestock (ACCL) to be held inrespect of a ship and specifies the associated penal provisions forthe operator and master of a ship.

Provision 10.3specifies the conditions for applying for the issue,reissue of an ACCL and the conditions for issuing or reissuing anACCL, or Interim Document, following a survey of a ship.

Provision 10.4provides for an ACCL to be endorsed annually.


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Provision 10.5specifies particular conditions which must apply to aship for an ACCL to be issued.

Provision 10.6specifies the validity period for an ACCL, andconditions under which an ACCL ceases to be valid.

Provision 10.6.5 is a penal provision that requires an operator of aship to return an invalid ACCL to the Manager, Ship Inspections ifrequested to so do by the Manager, Ship Inspections.

Provision 10.7provides for the Manager, Ship Inspections, to allowthe ship to continue to operate even if the ACCL has becomeinvalid.

Provision 10.8is a penal provision requiring the operator of theship to ensure that the ACCL and the associated Record of

Equipment and Arrangements, is on board at all times when theship is loading and carrying livestock.

Provision 10.9 is a penal provision requiring the master to producethe ACCL if requested by a surveyor.

Provision 10.10is a penal provision which requires the master toensure that the ACCL is complied with when livestock is on boardthe ship.

Provision 10.11is a penal provision that requires the operator ofthe ship to advise the Manager, Ship Inspections, as soon aspracticable, of certain alterations made in respect of a ship.

20. Provision 11.1is a penal provision which specifies the stabilityrequirements that must be complied with before loadingcommences.

Provision 11.2is a penal provision which requires the master toprovide particular stability information to a surveyor, if requested.

21. Provision 12requires a ship, which is permanently equipped forthe carriage of livestock, to be fitted with systems and equipmentthat ensure the welfare of livestock. The Provision also specifiesthe manner of meeting this requirement.

22. Provision 13 specifies particular fire fighting appliances to be onboard, and requirements for their positioning and capabilities.

Provision 13.3 is a penal provision requiring the master to ensurethat each fire hose is kept near the hydrant and close to the area itis intended for use.


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23. Provision 14specifies the Australian Standard in respect of areasfor the loading, and equipment used for and storage of bulk fodder.

Provision 14.3.3requires the master to maintain records ofemptying of fodder tanks and must make these records available for

inspections by a surveyor. This is a penal provision.

24. Provision 15provides the requirements for means of egress andaccess in livestock spaces as well as the requirements forpassageways and walkways.

Provision 15.5is a penal provision that requires the master toensure that any means of egress, access, or passageway is keptclear at all times during a voyage.

25. Provision 16specifies the requirements for a suitable means of

access to be provided for the loading and unloading of livestock andspecifies the placement and construction of such an access.

26. Provision 17 requires arrangements for the care of livestock in theevent of a malfunction of a fully or partially automatic system thatprovides for the tending, feeding and watering of livestock.

27. Provision 18requires a humane killing device to be carried on aship which is appropriate for use with the species carried.

28. Provision 19requires a master to furnish a report in writing to theSecretary of the DAFF and the Manager, Ship Inspections, inaccordance with Form 5 in Appendix 1 upon completion of a voyageduring which livestock was carried. This does not apply to shortvoyages.

29. Provision 20specifies the requirements for the construction anddimensions of pens for sheep and adjacent passageways.

Table 3 of Provision 20.1.1provides construction dimensions.

30. Provision 21specifies the requirements for the strength of sheeppens and fittings and provides a formula for determining therequired strength. The provision also provides for an alternativeconstruction to be approved by the Manager, Ship Inspections.

31. Provision 22 specifies requirements in relation to arrangement ofsheep pens including provision of ramps, exposed deck protectionand food and water receptacle arrangements.

32. Provision 23specifies the requirements for the design of cattlepens and stalls and adjacent passageways.

Table 5 of Provision 23.1 provides construction dimensions.


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33. Provision 24specifies requirements for the strength of cattle pen

and stall fittings, and provides formula for determining the requiredstrength. The Provision also provides for an alternative constructionto be approved by the Manager, Ship Inspections.

34. Provision 25 specifies requirements in relation to arrangement ofcattle pens and stalls including access arrangements, provision oframps, exposed deck protection and food and water receptaclearrangements.

35. Provision 26specifies each horse to be carried in a separate stall,unless prior to loading an approved veterinary officer accepts thathorses may be carried in pens.

36. Provision 27 specifies the requirements for the design and

construction of horse stalls and adjacent passageways.

37. Provision 28specifies construction requirements for horse stallsand pens.

38. Provision 29 specifies requirements in relation to arrangement ofhorse stalls and pens including access arrangements, floorstrength, provision of ramps, exposed deck protection and food andwater arrangements.

Provision 29.8.2is a penal provision which provides that a mastermust ensure that a suitable set of bolt cutters is carried and readilyavailable if chain cross ties are used to restrain horses in stalls.

39. Provision 30specifies that the carriage of goats must be inaccordance with Provisions 20, 21 and 22 of this Part. Provision 30also provides modifications to enclosures if necessary for the propersecuring of goats.

40. Provision 31 specifiesthat the carriage of pigs must be inaccordance also with provisions 20, 21 and 22 of this Part.

41. Provision 32.1specifies that if livestock other than sheep, cattle,horses, goats or pigs are to be carried, a stall or pen must beconstructed and furnished to provide safe carriage and care of thatlivestock.

Provision 32.2requires that a surveyor must approve sucharrangements prior to the loading of the livestock.

42. Provision 33specifies the locations, dimensions and constructionrequirements for hospital pens for particular breeds of livestock.


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43. Provision 34 specifies requirements for portable equipment for thecarriage of livestock.

Provision 34.1defines portable equipment.

44. Provision 35specifies: the particular provisions of this Part that do not apply to livestock

carried on short voyages;

the responsibilities of a State or Territory stock inspector inrelation to short voyages;

transport units to which provisions of this Part do not apply inrelation to carriage of livestock in pens or portable equipment;

requirements for the construction and arrangement of portableequipment; and

watering and ventilation requirements.

Provision 35.5.3 is a penal provision that requires the master toensure stock is watered at least once in each period of 24 hourswhile on board.

Provision 35.7is a penal provision which requires the master of aship to ensure that road vehicles and horse floats are properlystowed and secured.

45. Provision36detail penal provisions which require the master toensure the carcass of dead livestock is disposed of in accordance

with Annex V of MARPOL 73/78, and that no carcass is disposed ofat sea within 100 nautical miles of nearest land unless priormeasures have been taken to open the thoracic and abdominalcavities.

46. Provision 37.1is a penal provision which requires the master toprovide to the Manager, Ship Inspections, a copy of any notifiableincident report that has been provided to AQIS in accordance withthe Australian Standard for the Export of Livestock.

Provision 37.2provides for the Manager, Ship Inspections, to

direct a surveyor to carry out a preliminary inquiry into the death orcauses of death of a species when the mortality is equal to, orgreater than, the reportable level.

Provision 37.3provides for the Manager, Ship Inspections, torequire the owner, operator or master of a ship to provideinformation for the purpose of monitoring the situation on board aship while still engaged on its voyage.

Provision 37.4is a penal provision requiring the owner, operator ormaster of a ship to comply with Provision 37.3 of this Part.


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Provision 37.5provides for a preliminary inquiry under Provision37.2 to commence immediately upon the Manager, ShipInspections, directing a surveyor to carry out the inquiry, even whenthe ship is still engaged on its voyage.

Provision 37.6provides for a surveyor to require the owner,operator or master of a ship to supply information that the surveyorconsiders relevant to the inquiry, even when the ship is stillengaged on a voyage.

Provision 37.7is a penal provision that requires the owner,operator or master of a ship to comply with the requirements of asurveyor under Provision 37.6.

Provision 37.8specifies that a preliminary inquiry carried out underProvision 37.2, may include verification of the continued accuracy of

relevant data shown on the ships Record of Equipment andArrangements.

Provision 37.9provides for the Manager, Ship Inspections, toprohibit or impose conditions on the loading of livestock on a shipon which a preliminary inquiry is being, or has been carried outunder Provision 37.2.

Provision 37.10is a penal provision requiring the master of theship to comply with any prohibition or condition imposed underProvision 37.9.

Provision 37.11provides that after the report of a preliminaryinquiry is completed, the Manager, Ship Inspections must determinewhether to suspend the ships Australian Certificate for the Carriageof Livestock, and

Provision 37.12requires that if the Manager, Ship Inspectionsdecides no suspension is warranted, the Manager must lift anyprohibition or remove any conditions on loading livestock.

47. Provision 38.1 specifies that regardless of compliance with thisPart, if the Manager, Ship Inspections considers that the safety ofpersons or the proper carriage of livestock is insufficient, theManager, Ship Inspections may direct the operator or master of theship to take additional precautions or conditions of carriage as theManager considers necessary.

Provision 38.2is a penal provision which requires any person whois given a direction under Provision 38.1 to comply with thatprovision.

48. Provision 39is a transitional provision to enable any exemption ormodification granted or continued or an Australian Certificate for the


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Carriage of Livestock issued, unde a provision of Marine Order, Part43, Issue 5 to continue in force as if granted under this Issue of thisPart. The Provision also specifies that an investigation or theimposition of additional requirements carried out in Issue 5 to beequivalent in actions taken under this Issue.

49. Appendix 1provides the forms to be used in conjunction with thisPart.

50. Appendix 2specifies the information to be provided by applicantsto obtain an ACCL.

51. Appendix 3specifies the method for determining a shipscompliance with the stability criteria required for livestock carriers.

52. Appendix 4 prescribes the systems and equipment that ensure an

adequate level of maintenance of livestock services for a ship that ispermanently equipped for the carriage of livestock. This provisionalso provides that as an alternative a ship operator maydemonstrate adequate redundancy in systems and equipment bysupplying to the Manager, Ship Inspections a risk analysis of thesystems involved.

Documents incorporated by reference

Copies of ASEL (Australian Standards for the Export of Livestock) can alsobe found at the Department of Agriculture Fisheries and Forestry websiteat http://www.daff.gov.au/livestockexportstandards

The following may be purchased from either the International MaritimeOrganization (IMO), 4 Albert Embankment, London SE1 7SR telephone+44(0)207735 7611 facsimile +44 (0)20 7587 3210. IMO web site:http://www.imo.org

Or from Boat Books Australia: 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

International Convention for the Prevention of Pollution From Ships,1973 as modified by the Protocol of 1978 relating thereto (MARPOL73/78)

International Maritime Dangerous Goods Code

Australian Maritime Safety AuthorityNovember 2006