EXPLANATORY NOTES
Marine Orders, Part 54
(Coastal Pilotage)
Issue 4
Order No. 10 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 Navigation
Act.
2. Subsection
425(1AA) of the Navigation Act allows the Australian Maritime Safety Authority
(AMSA) to make orders with respect to any matter in the Act for or in relation
to which provision may be made by regulations.
3. Marine Orders, Part 54, Issue 4, was made
pursuant to subsection 425(1AA).
Purpose
4. Marine
Orders Part 54:
5. Marine Orders Part
54, Issue 4:
·
repeals Marine Orders Part 54,
Issue 3;
Consultation
6. A copy of
the draft text of this issue was circulated to Hydro Pilots, Reef Pilots,
Torres Pilots, Great Barrier Reef Marine Park Authority, Australian Shipowners
Association, Shipping Australia Limited, and Maritime Safety Queensland for
comments. The draft text was also placed on the AMSA web site for public
comment.
7. This Part
was recently reviewed taking into consideration the International Maritime
Organization (IMO) Resolution MEPC.133(53), Designation of the Torres Strait
as an extension of the Great Barrier Reef Particularly Sensitive Sea Area.
Consequently, the Torres Strait has been specified as a compulsory pilotage
area.
8.
Other changes include:
·
the creation of a new licence for
the Whitsundays pilotage area;
·
introduction of a trainee pilot
licence;
·
clarifying reporting requirements
for both pilots and pilotage providers; and
·
revisions to the Queensland
Coastal Pilotage Safety Management Code.
9. The
opportunity has been taken to update and reformat some provisions to the
current drafting style and to introduce a time-limit of three months for
lodging an application for internal review of a decision made under this Part.
Contents of the Order
9. Provision 1
indicates both the purpose and the power to make this Order, pursuant to
the Navigation Act.
10. Provision 2 provides definitions of
words and phrases and Provision 3 provides interpretations to enable
proper understanding of this Part.
11. Provision 4 provides the circumstances
that require the application of this Part.
12. Provision 5 provides for an internal
review by the General Manager of a decision made by the Manager, Ship
Operations and Qualifications. The provision also provides for a review by the
Administrative Appeals Tribunal of the General Manager’s decision and for a
statement of reasons to be provided to the applicant.
13. Provision 6 specifies requirements in
relation to the licensing of pilots which include:
·
pilotage duties permitted
relative to particular pilot licences;
·
eligibility for particular
licences;
·
duration and renewal of
particular licences;
·
procedures in relation to the
issuing and renewal of particular licences;
·
the issue of an interim document
pending the issue and renewal of a particular licence, with Provision 6.4.8
relating to the surrender of an interim document specified as a penal
provision;
·
cancellation, suspension or
variation of licences or restricted licences, with Provision 6.5.8
relating to the surrender of a cancelled or suspended licence within a
specified period specified as a penal provision; and
·
replacement of licences, with Provision
6.6.2 relating to the surrender of a lost licence following its recovery
specified as a penal provision.
14. Provision 7 specifies duties of a
pilot including the reporting of deficiencies in relation to a ship and other
reporting matters. Provision 7.1 is a penal provision and requires a
pilot to carry out duties in accordance with the Queensland Coastal Pilotage
Safety Management Code.
15. Provision 8 specifies the duties of a pilotage provider including
the timely supply of information prior to providing a pilot for a transit of
Torres Strait. The provision also specifies the conditions for the issuing of a
Document of Compliance and the associated validity periods. Provision 8.1.1
is a penal provision which prohibits a person from acting as a pilotage
provider unless the person is the holder of a valid Document of Compliance. Provision
8.2 is a penal provision that requires a pilotage provider to operate in
accordance with the Queensland Coastal Pilotage Safety Management Code.
16. Provision 9 specifies that the Torres
Strait is a compulsory pilotage area.
17. Provision 10 prescribes the
information to be provided with an application for exemption from the
requirement to navigate with a pilot.
18. Provision 11 is a transitional provision to enable a licence, issued
under Issue 3 of this Part to remain in force as if granted under this Issue of
this Part.
19. Appendix 1 sets out the Queensland
Coastal Pilotage Safety Management Code.
20. Appendix 2 provides a chart of the
Torres Strait pilotage area.
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 Boat Books:
- 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 Code for the
Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (IBC
Code);
·
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 Liquefied Gases in Bulk (IGC
Code);
·
IMO Code for the Construction and
Equipment of Ships Carrying Liquefied Gases in Bulk (GC Code);
Australian Maritime Safety Authority
August 2006