Coxswains Legislation PDF

Coxswain Legislation We have 3 Tiers in the Maritime Industry 1. International 2. Commonwealth (National) 3. State (NSW, WA, QLD etc.)/ Local Our Commonwealth and State Legislation “enacts” some requirements of International Codes and Conventions INTERNATIONAL CONVENTIONS https:/...

Coxswain Legislation We have 3 Tiers in the Maritime Industry 1. International 2. Commonwealth (National) 3. State (NSW, WA, QLD etc.)/ Local Our Commonwealth and State Legislation “enacts” some requirements of International Codes and Conventions INTERNATIONAL CONVENTIONS https://youtu.be/Tlah_tDVuTY COLREGS - Convention on the International Regulations for Preventing Collisions at Sea or Marine Order 30 MARPOL - International Convention for the Prevention of Pollution from Ships International Convention for Safe Containers International Convention on Tonnage Measurement of Ships Convention of Limitation of Liability for Maritime Claims International Convention on Salvage UNCLOS - United Nations Convention on the Law of the Sea Not all of these Codes and Conventions apply to Domestic Commercial Vessels  NATIONAL LEGISLATION - Navigation Act 2012- (Governs Ocean Going Ships) - Protection of the Sea (Prevention of Pollution from Ships) Act 1983 - Protection of the Sea (Harmful Anti-fouling Systems) Act 2006 - Uniform Shipping Law (USL) Code https://www.amsa.gov.au/about/regulations-and-standards/uniform-shipping-laws-code - National Standards for the Administration of Marine Safety (NSAMS) https://www.amsa.gov.au/about/regulations-and-standards/superseded-standards-commercial-vessels - National Standards for Commercial Vessels (NSCV) Code https://www.amsa.gov.au/about/regulations-and-standards/national-standard-commercial-vessels-nscv STATE LEGISLATION Each State or Territory has its own legislation governing the operations of Vessels in their jurisdiction. NSW STATE LEGISLATION Marine Safety Act 1998 https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-1998-121 Marine Safety Regulation 2016 https://legislation.nsw.gov.au/view/whole/html/inforce/current/sl-2016-0308 Harbour Master’s Directions https://www.portauthoritynsw.com.au/sydney-harbour/pilotage-navigation/pilotage-harbour-masters-directions/ Marine Pollution Act 2012 Marine Pollution Regulation 2014  DOMESTIC COMMERCIAL VESSELS Domestic Commercial Vessel’s (DCV) are vessels that are for use in connection with a commercial, governmental or research activity. A vessel is not a domestic commercial vessel if the vessel: (a) is a regulated Australian vessel; or (b) is a foreign vessel; or (c) is a defence vessel; or (d) is owned by: (i) a primary or secondary school; or (ii) a community group of a kind prescribed by the regulations. A Coxswain therefore operates Domestic Commercial Vessels You NEED to know your responsibilities Let’s look at what Legislation applies to Masters of DCV’s  NAVIGATION ACT 2012 The Navigation Act is Commonwealth legislation for Australia to regulate international ship and seafarer safety. It also covers shipping aspects of protecting the marine environment and the actions of seafarers in Australian waters. The Navigation Act gives effect to international conventions for maritime issues where Australia is a signatory. The Act covers: vessel survey and certification construction standards crewing seafarers’ qualifications and welfare occupational health and safety carriage and handling of cargoes passengers marine pollution prevention monitoring and enforcement activities. The Act allows delegated legislation called regulations and Marine Orders. -Marine Orders https://www.amsa.gov.au/about/regulations-and-standards/index-marine-orders Marine Orders 501 – 507 (especially 504) Marine Order 76 Marine Order 91 – 98 Marine Order 58 Marine Order 11, 15 Marine Order 21 Marine Order 32 WHY???????? Marine Safety (Domestic Commercial Vessel) National Law Act 2012 APPLYING REGULATIONS TO SMALL VESSEL OPERATIONS As the master of a small vessel, you are ultimately responsible for ensuring that your vessel complies with relevant legislation and regulations. On joining a new vessel, you may conduct document audit to confirm vessel’s compliance with the regulations. Applicable sections of the legislation are summarised and included in operating documents such as Certificate of Survey, Safety Managements Systems, work method statements, operating procedures etc.  LIST OF OPERATING DOCUMENTS It is the Master’s responsibility to ensure that all documents required to provide evidence of compliance are complete and up to date. Current documentation on applicable maritime regulations should be stored and filed in an accessible location on the vessel in accordance with regulations.  LIST OF OPERATING DOCUMENTS Operating documents may include: Safety Management System (SMS Vessel Log-Book Passenger Manifest Standing Orders Stability Book Emergency Plan Survey Documents Maintenance Records Operational Checklists Material Safety Data Sheets Radio Log-Book SAFETY MANAGEMENT SYSTEMS  SAFETY MANAGEMENT SYSTEMS Since 2004 the Passenger Transport Act 1990 requires operators of all commercial vessels that seat more than 8 adult persons (with at least one person being a passenger) must have and implement a Safety Management System (SMS). A SMS is a formally documented system of policies, procedures and records developed by an operator for a particular vessel, that focus on the management of risk in relation to operational and passenger safety.  SAFETY MANAGEMENT SYSTEMS NSCV Part E Operational Practices specifies the minimum requirements for an SMS for domestic vessels. These collectively require: Control of SMS documents so that they are available to all staff and crew They should be reviewed annually An internal audit system should be put in place to ensure compliance  OPERATING INSTRUCTIONS AND MANUALS Subject to Survey, this will include all procedure for the safe operation of the vessel. Examples of procedures include: Pre departure checks Crew briefing Passenger briefing Engine start-up Navigation and watchkeeping Engine shutdown Disposal of sewage Disposal of garbage Mooring Anchoring Refuelling Towing Conducting passenger activities Transferring passengers  APPLYING REGULATIONS TO SMALL VESSEL OPERATIONS Emergency Management Emergency management procedures are developed and practiced in the event of an emergency or security situation. Examples of emergency situations are: Flooding Abandon ship Person overboard Security breach / unlawful act Fire Bomb threat Collision / grounding  APPLYING REGULATIONS TO SMALL VESSEL OPERATIONS Maintenance All vessels must have a Preventative Maintenance schedule and keep a record of all vessel maintenance. This should include vessel, machinery, and equipment maintenance. Receipts and service reports should be kept for NSW Maritime audit purposes as well as for taxation  Training Training is a critical element of any vessel’s operations. Induction for all new crew Safety and emergency drills Refresher training Training records must be maintained as part of the Administration section of the SMS  Seaworthy Vessel A vessel is seaworthy, if her hull equipment, machinery and crewing are adequate to encounter the ordinary perils of sea for the voyages it undertakes. It can also be defined as a vessel whose hull equipment, machinery and crewing meet the requirement of the certificate of survey and the voyage. It is an offence under State, National and International Law (IMO) to command a vessel that is unseaworthy. Unsafe Vessel The Marine Safety Act 1998 details what is an unsafe vessel. An owner or master CANNOT operate an unsafe vessel. A vessel is unsafe if the operation of the vessel is likely to endanger any person or vessel. Unsafe Vessel A vessel can be unsafe due to: (a) the condition or equipment of the vessel, or (b) the manner or place in which cargo or equipment on the vessel is stowed or secured, or (c) the nature of the cargo, or (d) the overloading of the vessel with persons or cargo (including the submergence of the vessel’s load line), or (e) the number or qualifications of its crew, or