AUSREP Marine Order 63

download AUSREP Marine Order 63

of 13

Transcript of AUSREP Marine Order 63

  • 8/17/2019 AUSREP Marine Order 63

    1/13

     

    MO63 compil-120626Z

    Marine Order 63, issue 1 (AUSREP)

    This compilation was prepared on 25 June 2012 taking into account amendments up to

     Marine Orders Part 63 Amendment 2012 (No. 1) 

    Prepared by the Office of Legislative Drafting, Australian Maritime Safety Authority

    Federal Register of Legislative Instruments F2012C00411

  • 8/17/2019 AUSREP Marine Order 63

    2/13

    Contents

    Page

    2 Marine Order 63, issue 1 (AUSREP)MO63 compil-120626Z 

    1A 

    Name of Order ....................................................................................................... 3 

    1  Purpose and power ................................................................................................ 3 2  Definitions .............................................................................................................. 4 4   Application ............................................................................................................. 4 

    Prescribed matters ................................................................................................. 5 

    6  Obligation to report ................................................................................................ 5 Schedule 1   AUSREP reporting requirements .......................................................... 6 Schedule 2

     

     AUSREP area ...................................................................................... 12 

    Federal Register of Legislative Instruments F2012C00411

  • 8/17/2019 AUSREP Marine Order 63

    3/13

     

    Provision 1

    Marine Order 63, issue 1 (AUSREP) 3MO63 compil-120626Z 

    1A Name of Order

    This Order is Marine Order 63, issue 1.

    1 Purpose and power

    1.1 Purpose

    1.1.1 Consistent with Regulation 11 of Chapter V of SOLAS and Chapter 5 of the

    Annex to the International Convention on Maritime Search and Rescue, 1979,

    the objects of Division 14 of Part IV of the Navigation Act include the making

    of provisions with respect to the reporting of the movement or intended

    movement of ships so as to enable Australia:

    (a) to exercise rights conferred, or carry out the duties imposed, on Australia

    under customary international law or as a contracting party under

    international treaties that provide for:

    (i) coast watching; and

    (ii) the rescue of persons in distress at sea; and

    (iii) the prevention, minimisation or reduction of pollution of the sea by

    ships or by activities associated with ships; and

    (iv) the safety of ships; and

    (v) the safeguarding of ships against any unlawful interference with

    maritime transport; and

    (vi) any other matter in respect of which a right is conferred, or a dutyimposed, on Australia; and

    (b) to establish reporting requirements for Australian ships.

    1.1.2 This Order contributes to these objects by establishing a system for the reportingof the movement or intended movement of ships in, or in the process of entering

    or leaving, the AUSREP area.

    1.2 Power

    1.2.1 Section 269D of the Navigation Act provides that the regulations may make

     provision for, and in relation to, the reporting requirements:

    (a) of all ships (other than Australian ships) that are in, or in the process of

    entering or leaving, the prescribed area in relation to a reporting matter; and

    (b) of all Australian ships wherever located.

    1.2.2 Subsection 425(1) of the Navigation Act provides for regulations to be made

     prescribing matters requiring or permitted to be prescribed, or which are

    necessary or convenient to be prescribed for carrying out or giving effect to the

    Act.

    1.2.3 Subsection 425(1AA) of the Navigation Act provides for the making of orders

    with respect to matters that can be made by the regulations.

    Federal Register of Legislative Instruments F2012C00411

  • 8/17/2019 AUSREP Marine Order 63

    4/13

     

    Provision 2

    4 Marine Order 63, issue 1 (AUSREP)MO63 compil-120626Z 

    2 Definitions

    In this Order:

    AIS  means the automatic identification system required by Regulation 19.2.4 of

    Chapter V of SOLAS to be fitted on a ship.

    AUSREP  means the Australian Ship Reporting System established by this

    Order.

    AUSREP area  means the area mentioned in Schedule 2.

    HF DSC  means AMSA’s high frequency digital selective calling maritime radio

    network.

    I nmarsat-C  means the two-way data satellite communication system known as

    Inmarsat-C.

    RCC Austral ia means the Rescue Coordination Centre, located in Canberra,

    responsible for coordinating search and rescue across the Australian search and

    rescue region (SRR).

    REEFREP means the mandatory ship reporting system established by IMO

    Resolution MSC.52(66), as amended by Resolutions MSC.161(78) and

    MSC.315(88) and given effect by Marine Orders Part 56 (REEFREP).

    REEFVTS  means the navigational service known as the Great Barrier Reef and

    Torres Strait Vessel Traffic Service operated jointly by AMSA and Maritime

    Safety Queensland.

     Note 1 Some terms used in this Order are defined or explained in Marine Order 1

    (Administration) including:

      IMO

       Navigation Act

       penal provision

      SOLAS.

     Note 2 For information on obtaining copies of IMO documents mentioned in this Order  —  see

    AMSA’s website at http://www.amsa.gov.au. These documents may also be purchased from the

    IMO —  see the IMO website at http://www.imo.org/publications.

     Note 3 For guidance about AUSREP procedures —  see the AUSREP booklet published by

    AMSA. The booklet includes a description of the ship reporting arrangements mentioned in this

    Order and is available on AMSA’s website at http://www.amsa.gov.au.

    4 Application

    This Order applies to the following ships while in the AUSREP area:

    (a) an Australian ship;

    (b) a ship (other than an Australian ship) from its arrival at its first port in

    Australia until its departure from its final port in Australia.

     Note 1  For Division 14 of Part IV of the Navigation Act, an ‘Australian ship’ is defined, in

    section 269B of the Act, to mean a ship to which Part II of the Navigation Act applies.

     Note 2 The AUSREP system is designed to assist AMSA carry out its functions in a search andrescue situation. For this reason, all commercial ships are encouraged to participate in it

    whenever they are in the AUSREP area, even when it is not mandatory for them to do so.

    Federal Register of Legislative Instruments F2012C00411

  • 8/17/2019 AUSREP Marine Order 63

    5/13

     

    Provision 6

    Marine Order 63, issue 1 (AUSREP) 5MO63 compil-120626Z 

    5 Prescribed matters

    For the purposes of the definition of prescri bed area  in section 269B of the

     Navigation Act, the prescribed area is the AUSREP area.

    6 Obligation to report

    6.1 The master of a ship that is in the AUSREP area must make, or arrange to be

    made, the following reports to RCC Australia:

    (a) a Sailing Plan under clause 1 of Schedule 1;

    (b) Position Reports under clause 2 of Schedule 1;

    (c) if required under clause 3.1 of Schedule 1 —  a Deviation Report under

    clause 3 of Schedule 1;

    (d) a Final Report under clause 4 of Schedule 1.

    This is a penal provision.

     Note RCC Australia may be contacted as follows:

    (a) telephone: +61 (0)2 6230 6880;

    (b) freecall: 1800 641 792 (within Australia);

    (c) Inmarsat-C;

    (d) fax: +61 (0)2 6230 6868;

    (e) AFTN: YSARYCYX;

    (f) email: [email protected].

    See the AUSREP booklet for further information. The AUSREP booklet is available on AMSA’  swebsite at http://www.amsa.gov.au. 

    6.2 However, a master of a ship reporting to REEFVTS under Marine Orders

     Part 56 (REEFREP) is not required to report under this Order while the ship is

    in the REEFREP area.

    6.3 A report is to be made:

    (a) in English using the IMO Standard Marine Communication Phrases; and

    (b) using the transmission method mentioned in Schedule 1 for the report.

     Note  For further information about the IMO Standard Marine Communication Phrases —  see

    IMO Resolution A.918(22).

    Federal Register of Legislative Instruments F2012C00411

  • 8/17/2019 AUSREP Marine Order 63

    6/13

     

    Schedule 1 AUSREP reporting requirements

    6 Marine Order 63, issue 1 (AUSREP)MO63 compil-120626Z 

    Schedule 1 AUSREP reporting requirements

    (subsection 6.1)

    1 Sailing Plan

    1.1 When Sailing Plan must be submitted

    1.1.1 A Sailing Plan must be submitted in respect of an Australian ship:

    (a) no earlier than 24 hours before; and

    (b) no later than 2 hours after;

    the ship:

    (c) enters the AUSREP area; or

    (d) departs from a port within the AUSREP area.

    1.1.2 A Sailing Plan must be submitted in respect of a ship (other than an Australian

    ship):

    (a) no earlier than 24 hours before; and

    (b) no later than 2 hours after;

    the ship departs from a port within the AUSREP area.

    1.1.3 If the ship in respect of which a Sailing Plan has been submitted enters theAUSREP area or departs from a port within the AUSREP area more than 2

    hours after the time specified in the Sailing Plan, the Sailing Plan is deemed to

     be cancelled.

    1.1.4 A new Sailing Plan must be submitted in respect of a ship:

    (a) if the Sailing Plan previously submitted is deemed to be cancelled under

    1.1.3; or

    (b) if information contained in the Sailing Plan previously submitted is no

    longer valid.

    1.2 How Sailing Plan is to be submitted

    1.2.1 Subject to 1.2.2, the master of a ship must submit a Sailing Plan using

    Inmarsat-C, whether at sea or in port.

    1.2.2 If communication is not possible using Inmarsat-C, the Sailing Plan must be

    submitted electronically by email or HF DSC.

    1.3 Information to be provided in Sailing Plan

    1.3 A Sailing Plan must:

    (a) insert the code ‘AUSREP/SP//’ in the first line of text; and  

    Federal Register of Legislative Instruments F2012C00411

  • 8/17/2019 AUSREP Marine Order 63

    7/13

     

     AUSREP reporting requirements Schedule 1

    Marine Order 63, issue 1 (AUSREP) 7MO63 compil-120626Z 

    (b) using the message format field identifier mentioned in column 2 of items 1

    to 9 of the following table, set out the information mentioned in column 3

    of those items in the order mentioned in the table; and

    (c) using the message format field identifier mentioned in column 2 of items 10to 14 of the following table, set out the information mentioned in column 3

    of whichever of those items is applicable to the Plan in the order mentioned

    in the table.

    Column 1

    Item

    Column 2

    Messageformatfieldidentifier

    Column 3

    Information to be given in the Sailing Plan

    1 A Ship name, call sign and IMO number

    2 F Speed

    3 H Date and time (in UTC) and point of joining the AUSREPsystem (being either the latitude and longitude of the point at

    which the ship enters the AUSREP area, or the Australian port

    of departure)

    4 K Date and time (in UTC) and point of departure from the

    AUSREP system (being either the latitude and longitude of the

     point at which the ship departs the AUSREP area, or the

    Australian port of arrival)

    5 L Route information

    6 M Details of communication arrangements

    7 N If no reports are to be sent by the master in respect of the

    outbound voyage of a ship (other than an Australian ship), the

    code ‘NOREP’ is to be inserted 

    8 U Details of the ship’s: type; length (in metres); and gross

    tonnage

    9 V Medical personnel aboard

    10 G Name of last non-Australian port of call visited by the ship

    11 I Name of the next non-Australian port of destination and the

    estimated time of arrival at that port

    12 Q Details of any defect, damage, breakdown, failure or other

    limitation that affects the safety of the ship, including any AIS

    malfunction

    13 R Details of the type of pollution lost overboard (if any), for

    example oil or chemicals

    Details of any pollution sighted during voyage (if any)

    14 X Other remarks

    Federal Register of Legislative Instruments F2012C00411

  • 8/17/2019 AUSREP Marine Order 63

    8/13

     

    Schedule 1 AUSREP reporting requirements

    8 Marine Order 63, issue 1 (AUSREP)MO63 compil-120626Z 

     Note Each of the message format field identifiers uses the reporting formats found in the

    ‘General Principles for ship reporting systems and ship reporting requirements, includingguidelines for reporting incidents involving dangerous goods, harmful substances and/or

    marine pollutants’ as set out in IMO Resolution A.851 (20), as amended by IMO Resolution

    MEPC.138 (53). 

    2 Position Reports

    2.1 How Position Reports are to be transmitted

    Position Reports must be transmitted by AIS.

    2.2 Information to be included in Position Reports transmitted by AIS

    The master of a ship to which Regulation 19.2.4 of Chapter V of SOLAS applies

    must ensure the ship is fitted with AIS to transmit the following information

    about the ship:

    (a) identity;

    (b) type;

    (c) position;

    (d) course;

    (e) speed;

    (f) navigational status;

    (g) any safety related information.

     Note: ]Regulation 19.2.4 of Chapter V of SOLAS requires AIS to provide this information.

    2.3 Fitting and operation of AIS

    The master of the ship must ensure that the AIS is operated in accordance with

    Regulation 19.2.4 of Chapter V of SOLAS.

     Note Regulation 19.2.4 of Chapter V of SOLAS provides that AIS must be operated taking intoaccount the Guidelines for the onboard operational use of shipborne automatic identification

     systems (AIS) adopted by IMO Resolution A.917(22) as amended by IMO Resolution

    A.956(23).

    2.4 Reporting of any AIS malfunction

    The master of a ship must report any malfunction of the ship’s AIS toRCC Australia using 1 of the following methods:

    (a) Inmarsat-C;

    (b) HF DSC;

    (c) email.

     Note  The methods of transmission are listed in order of RCC Australia’s preference of receiving

    a report.

    Federal Register of Legislative Instruments F2012C00411

  • 8/17/2019 AUSREP Marine Order 63

    9/13

     

     AUSREP reporting requirements Schedule 1

    Marine Order 63, issue 1 (AUSREP) 9MO63 compil-120626Z 

    3 Deviation Reports

    3.1 When Deviation Reports must be submitted

    If a deviation has been made from the course and speed nominated in the SailingPlan of a ship such that the ship will be more than two hours steaming from a

     position predicted from the Sailing Plan or last position reported, the master

    must submit a Deviation Report.

    3.2 How Deviation Reports are to be submitted

    The master of a ship must submit a Deviation Report using 1 of the following

    methods:

    (a) Inmarsat-C;

    (b) HF DSC;

    (c) email.

    3.3 Information to be provided in Deviation Report

    A Deviation Report must:

    (a) insert the code ‘AUSREP/DR//’ in the first line of text; and  

    (b) using the message format field identifier mentioned in column 2 of the

    items 1 to 5 of the following table, set out the information mentioned in

    column 3 of those items in the order mentioned in the table; and

    (c) using the message format field identifier mentioned in column 2 of items 6

    to 12 of the following table, set out the information mentioned in column 3of whichever of those items is applicable to the Report in order mentioned

    in the table.

    Column 1

    Item

    Column 2

    Messageformatfieldidentifier

    Column 3

    Information to be given in the Deviation Report

    1 A Ship name, call sign and IMO number

    2 B Date and time (in UTC) of report

    3 C Position (latitude and longitude)

    4 N Date and time (in UTC) of next report (if Inmarsat-C polling is

    not being used)

    5 X Reason for deviation

    6 E Course

    7 F Speed

    8 J Details of whether coastal pilotage is or has been used, insert

    ‘YES’ or ‘NO’. 

    If a coastal pilot is, or has been, used —  details of the pilot’s

    Federal Register of Legislative Instruments F2012C00411

  • 8/17/2019 AUSREP Marine Order 63

    10/13

     

    Schedule 1 AUSREP reporting requirements

    10 Marine Order 63, issue 1 (AUSREP)MO63 compil-120626Z 

    Column 1

    Item

    Column 2

    Messageformat

    fieldidentifier

    Column 3

    Information to be given in the Deviation Report

    last name and the pilot’s licence number  

    9 K Date and time (in UTC) and point of departure from the

    AUSREP system (being either the latitude and longitude of the

     point at which the ship departs the AUSREP area, or the

    Australian port of arrival)

    10 L Route information

    11 M Details of communication arrangements

     Note  Each of the message format field identifiers uses the reporting formats found in the‘General Principles for ship reporting systems and ship reporting requirements, including

    guidelines for reporting incidents involving dangerous goods, harmful substances and/or marine

     pollutants’ as set out in IMO Resolution A.851 (20), as amended by IMO Resolution

    MEPC.138 (53).

    4 Final Report

    4.1 When Final Report must be submitted

    4.1.1 A Final Report must be submitted in respect of an Australian ship no later than 2

    hours after the ship leaves the AUSREP area or arrives at a port within the

    AUSREP area.4.1.2 A Final Report must be submitted in respect of a ship (other than an Australian

    ship) no later than 2 hours after:

    (a) the ship arrives at an Australian port on a voyage during which AUSREP

    reports have been submitted in respect of the ship; or

    (b) the ship leaves the AUSREP area on a voyage during which AUSREP

    reports have been submitted in respect of the ship.

     Note  If the master of a ship (other than an Australian ship) chooses not to report during the

    ship’s outbound voyage, the Sailing Plan will be regarded as the Final Report in respect of the

    ship if the word ‘NOREP’ is entered at field N.  

    4.2 How Final Reports are to be submitted

    The master of a ship must submit a Final Report using 1 of the following

    methods:

    (a) Inmarsat-C;

    (b) HF DSC;

    (c) email.

    Federal Register of Legislative Instruments F2012C00411

  • 8/17/2019 AUSREP Marine Order 63

    11/13

     

     AUSREP reporting requirements Schedule 1

    Marine Order 63, issue 1 (AUSREP) 11MO63 compil-120626Z 

    4.3 Information to be provided in Final Report

    A Final Report must:

    (a) insert the code ‘AUSREP/FR//’ in the first line of text; and  

    (b) using the message format field identifier mentioned in column 2 of items 1

    and 2 of the following table, set out the information mentioned in column 3

    of those items in the order mentioned in the table; and

    (c) using the message format field identifier mentioned in column 2 of item 3

    of the following table, set out the information mentioned in column 3 of

    that item (if applicable).

    Column 1

    Item

    Column 2

    Messageformat

    fieldidentifier

    Column 3

    Information to be given in the Final Report

    1 A Ship name, call sign and IMO number

    2 K Date and time (in UTC) and point of departure from

    the AUSREP system (being either the latitude and

    longitude of the point at which the ship departs the

    AUSREP area, or the Australian port of arrival)

     Note  Each of the message format field identifiers uses the reporting formats found in the

    ‘General Principles for ship reporting systems and ship reporting requirements, including

    guidelines for reporting incidents involving dangerous goods, harmful substances and/or marine

     pollutants’ as set out in IMO Resolution A.851 (20), as amended by IMO ResolutionMEPC.138 (53).

    Federal Register of Legislative Instruments F2012C00411

  • 8/17/2019 AUSREP Marine Order 63

    12/13

     

    Schedule 2 AUSREP area

    12 Marine Order 63, issue 1 (AUSREP)MO63 compil-120626Z 

    Schedule 2 AUSREP area

    The area bounded by an imaginary line commencing at the intersection of the

    coastline of the Antarctic Continent and the meridian 75 east longitude;

    thence along that meridian to its intersection with the parallel 6 south latitude;

    thence in a straight line to the intersection of the parallel 2º south latitude and

    the meridian 78 east longitude;

    thence along that parallel to its intersection with the meridian 92 east longitude;

    thence in a straight line to the intersection of the parallel 12º south latitude and

    the meridian 107 east longitude;

    thence along that parallel to its intersection with the meridian 123 20 east

    longitude;

    thence in a straight line to the intersection of the parallel 9  20 south latitude

    and the meridian 126 50 east longitude;

    thence in a straight line to the intersection of the parallel 7  south latitude and

    the meridian 135 east longitude;

    thence in a straight line to the intersection of the parallel 9 50 south latitude

    and the meridian 139 40 east longitude;

    thence along that parallel to its intersection with the meridian 141 eastlongitude;

    thence in a straight line to the intersection of the parallel 9 37 south latitude

    and the meridian 141 01 06" east longitude;

    thence in a straight line to the intersection of the parallel 9  08 south latitude

    and the meridian 143 53 east longitude;

    thence in a straight line to the intersection of the parallel 9 24 south latitude

    and the meridian 144 13 east longitude;

    thence in a straight line to the intersection of the parallel 12 south latitude and

    the meridian 144º east longitude;

    thence along that parallel to its intersection with the meridian 155 east

    longitude; thence along that meridian to its intersection with the parallel

    14 south latitude;

    thence along that parallel to its intersection with the meridian 161 15 east

    longitude; thence in a straight line to the intersection of the parallel 17 40 

    south latitude and the meridian 163 east longitude;

    thence along that meridian to its intersection with the coastline of the Antarctic

    Continent;

    thence along that coastline to the point of commencement.

    Federal Register of Legislative Instruments F2012C00411

  • 8/17/2019 AUSREP Marine Order 63

    13/13

    Note

    Marine Order 63, issue 1 (AUSREP) 13MO63 compil-120626Z

    Notes to Marine Order 63, issue 1 (AUSREP)

    Note 1

     Marine Order 63, issue 1 (2006/11) (in force under subsection 425(1AA) of the Navigation Act 1912) as shown in this compilation comprises Marine Order 63, issue 1 amended as indicated in the following tables.

    Table of Orders

     Year and number Registration

    date

    FRLI number Commencement

    date

    Application,

    saving or

    transitional

    provisions

    Marine Orders Part 63,issue 1 (2006/11)

    13 September2006

    F2006L03051 6 October 2006

    Marine Orders Part 63

     Amendment 2008

    (2008/11)

    27 November2008

    F2008L04382 20 December 2008  – 

    Marine Orders Part 63 Amendment 2012(No.1) (2012/5) 

    22 June 2012 F2012L01304 1 July 2012  –  

    Table of Amendments

    ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted

    Provision affected How affected

    1A ....................................... ad. 2012/5

    1 .......................................... am. 2008/11; am. 2012/5

    3 .......................................... rs. 2008/11; rs. 2012/5

    4 .......................................... rs. 2008/11; am. 2012/5

    6 .......................................... rs. 2008/11; rs. 2012/5

    Schedule 1 .......................... am. 2008/11; am 2012/5