Podcast
Questions and Answers
What is required to ensure compliance with NSW Maritime regulations regarding vessel audits and taxation?
What is required to ensure compliance with NSW Maritime regulations regarding vessel audits and taxation?
Which of the following training elements is NOT typically required as part of a vessel's safety management system?
Which of the following training elements is NOT typically required as part of a vessel's safety management system?
According to maritime law, what defines a vessel as unseaworthy?
According to maritime law, what defines a vessel as unseaworthy?
Which condition would NOT render a vessel unsafe under the Marine Safety Act 1998?
Which condition would NOT render a vessel unsafe under the Marine Safety Act 1998?
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What is a potential consequence of operating a vessel deemed unsafe according to maritime regulations?
What is a potential consequence of operating a vessel deemed unsafe according to maritime regulations?
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What is the primary purpose of a Safety Management System (SMS) in commercial vessels?
What is the primary purpose of a Safety Management System (SMS) in commercial vessels?
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Which of the following is NOT a requirement for a Safety Management System for domestic vessels?
Which of the following is NOT a requirement for a Safety Management System for domestic vessels?
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Which of the following activities is included in the operating instructions and manuals for a vessel?
Which of the following activities is included in the operating instructions and manuals for a vessel?
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Which emergency situation requires immediate action from the crew under Emergency Management procedures?
Which emergency situation requires immediate action from the crew under Emergency Management procedures?
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What is the purpose of a Preventative Maintenance schedule for vessels?
What is the purpose of a Preventative Maintenance schedule for vessels?
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What is one of the minimum requirements specified in NSCV Part E for a Safety Management System?
What is one of the minimum requirements specified in NSCV Part E for a Safety Management System?
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Which of the following is a primary concern of Emergency Management for small vessel operations?
Which of the following is a primary concern of Emergency Management for small vessel operations?
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Which document is NOT typically included in the list of operating documents for vessels?
Which document is NOT typically included in the list of operating documents for vessels?
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Which type of vessel is considered a domestic commercial vessel?
Which type of vessel is considered a domestic commercial vessel?
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What is the primary legislation governing international ship and seafarer safety in Australia?
What is the primary legislation governing international ship and seafarer safety in Australia?
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What document should a master conduct an audit of to ensure compliance with operational regulations?
What document should a master conduct an audit of to ensure compliance with operational regulations?
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What is the responsibility of a master regarding the ship's documentation?
What is the responsibility of a master regarding the ship's documentation?
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Which aspect is covered under the Navigation Act 2012?
Which aspect is covered under the Navigation Act 2012?
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What is the primary role of Safety Management Systems in maritime operations?
What is the primary role of Safety Management Systems in maritime operations?
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Which Marine Order primarily focuses on the safety of domestic commercial vessels?
Which Marine Order primarily focuses on the safety of domestic commercial vessels?
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What is a significant responsibility of the master regarding crew qualifications?
What is a significant responsibility of the master regarding crew qualifications?
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Study Notes
Coxswain Legislation
- Legislation governing coxswains operates on three tiers: International, Commonwealth (National), and State/Local.
- Commonwealth and State legislation "enacts" some requirements from International Codes and Conventions.
- Key international conventions include SOLAS (Safety of Life at Sea), STCW (Standards of Training, Certification, and Watchkeeping for Seafarers), MARPOL (Prevention of Pollution from Ships), and MLC (Maritime Labour Convention 2006).
- Other conventions include COLREGS (International Regulations for Preventing Collisions at Sea), MARPOL (International Convention for the Prevention of Pollution from Ships), International Convention for Safe Containers, and International Convention on Tonnage Measurement of Ships.
- The Convention of Limitation of Liability for Maritime Claims, International Convention on Salvage, and UNCLOS (United Nations Convention on the Law of the Sea) are also relevant.
- Not all codes and conventions apply to domestic commercial vessels.
National Legislation
- Examples include the Navigation Act 2012 (governs ocean-going ships), Protection of the Sea (Prevention of Pollution from Ships) Act of 1983, and Protection of the Sea (Harmful Anti-fouling Systems) Act 2006.
- Other national legislation includes Uniform Shipping Law (USL) Code, National Standards for the Administration of Marine Safety (NSAMS), and National Standards for Commercial Vessels (NSCV) Code.
- Links to specific legislation resources are provided throughout the presentation.
State Legislation
- Each state/territory has unique legislation for vessel operation.
- NSW state legislation examples include the Marine Safety Act 1998, Marine Safety Regulation 2016, Harbour Master's Directions, Marine Pollution Act 2012, and Marine Pollution Regulation 2014.
- Website links for specific legislation are included.
Domestic Commercial Vessels (DCVs)
- Defined as vessels for commercially, governmentally, or research activities.
- A vessel is not a DCV if it's a regulated Australian vessel, foreign vessel, defense vessel, or owned by a primary/secondary school or a community group (as prescribed by regulation).
Navigation Act 2012
- This Commonwealth legislation regulates international ship and seafarer safety.
- It also addresses protecting the marine environment and seafarer actions in Australian waters.
- Gives domestic effect to international conventions.
- Covers vessel survey/certification, construction standards, crewing/seafarer qualifications/welfare, occupational health and safety, cargo handling, passenger safety, marine pollution prevention, and monitoring/enforcement.
- The Act allows delegated legislation, such as regulations and Marine Orders.
Marine Orders
- Marine Orders (e.g., 501-507, especially 504, 76, 91-98, 58, 11,15, 21, 32) are delegated legislation under the Navigation Act 2012.
Applying Regulations to Small Vessel Operations
- Masters of small vessels are ultimately responsible for compliance.
- Document audits can confirm compliance with regulations.
- Applicable sections of legislation are summarised in operating documents like the Certificate of Survey, Safety Management Systems, work method statements, operating procedures, etc.
- Operating documents may include those like safety management systems and stability books, survey documents, operational checklists, radio log-books, vessel log books, standing orders, maintenance records, emergency plans, and material safety data sheets.
Safety Management Systems (SMS)
- Passenger Transport Act 1990 requires vessels seating more than 8 adults to have an SMS.
- SMS is a documented system of operational policies, procedures, and records concerning risk management.
- NSCV part E Operational Practices sets minimum requirements for SMS for domestic vessels.
- SMS documents should be controlled and reviewed annually.
- An internal audit system is necessary to ensure compliance.
- Revised Marine Order 504 details operational safety requirements.
Operating Instructions and Manuals
- Examples of procedures include pre-departure checks, passenger briefings, navigation and watchkeeping, sewage disposal, mooring, refueling, crew briefing, engine start-up/shutdown, garbage disposal, anchoring, towing, and conveying passengers.
Emergency Management
- Procedures for emergencies or security situations need to be developed and exercised.
- Examples include flooding, overboard persons, fires, collisions/grounding, abandoning ship, security breaches/unlawful acts, and bomb threats.
Maintenance
- All vessels must have a preventative maintenance schedule and record of all vessel, machinery, and equipment maintenance.
- Maintenance receipts and service reports are required for NSW Maritime audits and taxation.
Training
- Training is essential for all vessel operations.
- This includes induction for new crew, safety/emergency drills, and refresher training.
- Training records are part of the Administration section of the SMS.
Seaworthy Vessel
- A vessel is seaworthy if its hull, equipment, machinery, and crew are adequate for the intended voyages.
- This includes meeting requirements in the certificate of survey.
- It's a violation of State, National, and International Law (IMO) to operate an unseaworthy vessel.
Unsafe Vessel
- The Marine Safety Act 1998 defines an unsafe vessel.
- Any vessel operation likely to jeopardize persons or other vessels is unsafe.
- This can result from vessel condition/equipment, cargo stowage/securing methods, cargo nature, vessel overloading (considering the submergence of the load line), and crew numbers/qualifications.
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Description
Test your knowledge on NSW Maritime regulations regarding vessel audits, taxation, and safety management systems. This quiz covers key aspects of maritime law, including definitions of seaworthiness and the consequences of operating unsafe vessels under regulations.