Blueprint for the future regulatory arrangements under the
National System for
Domestic Commercial Vessel Safety
(Streamlining Review)
Streamlining Concepts
Area
1.
Current arrangements
Making the
The National System comprises
structure simpler of many layers of regulations,
including Marine Orders,
standards and a large number of
exemptions.
Streamlining concept
Make the regulations and rules simpler, more accessible and easier to identify
and apply by:
•
moving all outcomes required to be met by industry in the design, build,
survey, certification and operation of commercial vessels to the Marine
Orders;
•
streamlining the National Standard for Commercial Vessels (NSCV). The
NSCV would contain ‘taken to comply’ technical specifications. Industry
may propose an alternative method of complying with the Marine
Orders; and
•
removing the National Standard for the Administration of Marine Safety
(NSAMS) and placing its key requirements (such as the survey schedules)
in Marine Orders and guidance materials.
Simpler rules make consistent application and interpretation of the requirements
easier.
2.
Alignment with Workplace health and safety
other regulatory (WHS) laws and fisheries
regimes
management laws operate
alongside the National System.
Explore opportunities to improve alignment between marine safety and
workplace health and safety (WHS) or fisheries management regulatory
arrangements. For example, there may be conflicts in first aid kit obligations or
vessel design requirements.
Opportunities to leverage upon other regulatory regimes would also be
considered, in order to reduce compliance costs for operators.
3.
Simplifying what There is some uncertainty
a ‘commercial
regarding the extent to which
vessel’ means
‘incidental commercial use’ will
cause a vessel to be a commercial
vessel.
For example, exemptions have
already been issued to reduce
the impact of the National Law
on small vessels used for bait
gathering or to record sporting
and recreational activities.
Clarify the scope of the National System and prevent requirements from being
applied to vessels which are outside of the law.
Clarify in the law and guidance material that vessels which are:
• registered as recreational vessels;
• not primarily used in connection with a commercial, governmental or
research activity; and
• owned by the person operating the vessel,
are not commercial vessels and are not subject to the National Law, even where
the operator is paid a nominal fee to cover the costs of an activity.
This would include privately owned vessels which could otherwise be
commercial vessels because they are used:
• for bait gathering;
• to record sporting or recreational activities;
• to support research activities on an ad-hoc basis;
• as yacht race committee vessels; and
• incidentally as a volunteer search and rescue vessel.
It would be important to ensure that a loophole is not recreated which allows
large private vessels engaged in commercial activities to fall outside the National
System because they have recreational registration. Options for achieving this
include ‘not-for-profit’ tests and ‘maximum time per week spent undertaking the
activity’ cut-offs.
4.
2
Clarifying the
Designating
Waters are designated
under
Operational
areas are currently
‘C Class’
waters
State/NTusing
legislation
using the
defined
the following
operational area categories:
following categories:
• unlimited domestic
operations (A) – operations
greater than 200 nautical
miles of the coastline;
• offshore operations (B) –
operations up to 200 nautical
miles of the coastline;
• restricted offshore
operations (C) – generally
includes operations within
30 nautical miles of a safe
haven;
• partially smooth water
operations (D) – sheltered
waters; and
• smooth water operations
(E) – sheltered waters, with a
low maximum wave height.
Re-definethe
the‘C’
‘C’category
categoryas:
as:
Re-define
OperationsOperations
within 30 nautical
miles
of themiles
mainland
baseline
and baseline
specifiedand
islands
within 30
nautical
of the
mainland
unless suchspecified
waters have
been
designated
as D orhave
E waters
a lesser distance
islands
unless
such waters
beenordesignated
as D orthan
E
30 nauticalwaters
miles isorspecified.
a lesser distance than 30 nautical miles is specified.
Provisionwould
wouldbe
also
be made
to capture
within:
Provision
made
to ensure
existingoperations
areas accessible
as C waters such as the
Great•Barrier
and the
Torres
Strait
Zone areAntarctic
preserved.
Consideration
theReef
relevant
areas
of the
Australian
Territory;
and will also
be given to the safe operating distance from a parent vessel.
• a specified distance (eg 30 nautical miles) of a parent vessel (conditions
may be imposed, such as carriage of adequate communications
The list of proposed ‘specified islands’ is available from AMSA. These changes would
equipment),
improve clarity regarding the boundaries of ‘C Class’ operations.
as ‘C’ operations.
The list of proposed ‘specified islands’ is available from AMSA. The removal of
the ‘safe haven’ concept would improve clarity regarding the boundaries of ‘C’
waters.
5.
Area
Current arrangements
Vessel and
operation
certificates
The Certificate of Operation
provides permission to operate
one or more vessels relating to a
marine business. By 2016, all new
and existing vessels must be on a
Certificate of Operation.
The Certificate of Survey provides
evidence that a vessel has been
surveyed and meets specified
standards for construction and
safety equipment. It is issued to all
vessels in survey.
The Unique Identifier uniquely
identifies a vessel and stays with
the vessel over its life, even if
it changes ownership. All new
vessels must obtain and display
a Unique Identifier. By 2016, all
existing vessels must display a
Unique Identifier.
Streamlining concept
Issue Certificates of Survey on request only.
A proportion of athe
fleet
may
elect
to to
continue
to to
obtain
Certificates
of of
Survey
fleet
may
elect
continue
obtain
Certificates
Survey
for commercial reasons, such as for insurance or contractual purposes. The
Certificate of Survey, when issued, would be valid for five years provided survey
reports were obtained (as required) and fees were paid.
Class 2 and Class 3 vessels <7.5m in sheltered (D and E) waters, which:
•
do not carry passengers;
•
do not carry goods listed in the International Maritime Dangerous
Goods Code;
•
are not used to operate a pile frame;
•
are not equipped with plant or machinery with lifting or slewing
potential (criteria to be determined);
•
are not used as a landing barge;
•
are not primarily used for towage;
•
are not used as support vessels in the offshore oil industry;
•
are not used as trawler fishing vessels;
•
do not have inboard petrol engines;
•
are not fast craft (a vessel capable of maximum speed equal to or
exceeding 25 knots),
would not be required to be on a Certificate of Operation (although the operator
may elect to have these vessels listed on a Certificate of Operation). These
vessels would be required to have a Unique Identifier, meet design, construction
and operation standards, and a safety management system (SMS) must cover the
operation of the vessel.
All other vessels would be required to be on a Certificate of Operation. The
Certificate of Operation would be issued initially only and remain valid provided
fees were paid and scheduled survey and SMS inspection reports were received
(where required). These vessels would also be required to have a Unique
Identifier and meet vessel design, construction and operation standards. When
circumstances change (such as the sale or purchase of vessels), the Certificate of
Operation would be amended and may need to be reissued, depending on the
extent of the change.
Vessels involved in sporting/recreational activities and affiliated with a
recognised body that has systems in place to manage risk (eg Yachting Australia,
Surf Lifesaving, Waterski Federation) would be required to have a Unique
Identifier and maintain a SMS, but would not be required to be on a Certificate
of Operation.
Exempt all human powered vessels and all sail vessels <4m from the requirement
to display the Unique Identifier.
These certification arrangements would see most vessels and operations being
issued one certificate only, and a large number of low risk vessels not being
required to be on any certificate.
6.
Safety
management
The person in control of a domestic commercial vessel operation
must implement and maintain a
SMS that ensures that the vessel
and the operations of the vessel
are safe.
The SMS requirements of the
NSCV apply to all new vessels and
are being phased in for existing
vessels between now and 2016.
The requirement for an operator to maintain a SMS would be met where the
operator complies with:
•
Part E of the NSCV; or
•
an internationally recognised code (eg IMO); or
•
an internationally recognised marine safety system relevant to the
operation (eg RYA),
provided the SMS also addressed adequate crewing in accordance with Part E of
the NSCV.
Where the requirements of State/NT WHS laws have been assessed as equivalent to Part E of the NSCV, an SMS prepared in accordance with WHS laws would
also meet the National System SMS requirements.
This would reduce unnecessary duplication and paperwork between safety
regulatory regimes.
3
Area
7.
Survey exemptions
Current arrangements
The following vessels are exempt
from survey:
•
•
vessels which are <7.5m, in
D and E waters, not passenger carrying, not high risk
and not overnight hire and
drive; and
Streamlining concept
Expand the non-survey category to include all (changes to current arrangements are underlined):
•
recreational training vessels
<24m in inshore operations.
‘High risk’ vessels include:
•
a powered barge that is:
used to carry passengers,
used for living or entertainment, used to operate a
pile frame, equipped with
dredging machinery having
a total brake power of
500kW, a landing barge or
primarily used for towage;
•
a dredge with a total brake
power of >500kW;
•
a vessel primarily used for
towage;
•
a vessel used for carrying
dangerous goods, including bulk petroleum or gas
products;
•
a vessel with a crane or
davit exceeding 3 tonne
capacity;
•
a support vessel in the
offshore oil industry;
•
a vessel operating more
than 5 nautical miles off the
mainland; and
•
hire and drive personal
watercraft (PWC).
New non-survey vessels are
subject to the General Safety
Requirements Standard (GSR
Standard, Part G of the NSCV),
and all non-survey vessels must
comply with Part E (Operations)
of the NSCV or with the operating
requirements of Part F (Special
Vessels) of the NSCV.
vessels <12m, in sheltered (D or E) waters, which:
-
do not carry any passengers;
-
do not carry goods listed in the International Maritime
Dangerous Goods Code;
-
are not support vessels in the offshore oil industry;
-
do not have an inboard petrol engine;
-
are not equipped with plant or machinery with lifting or
slewing potential (criteria to be determined); and
-
are not fast craft (a vessel capable of maximum speed
equal to or exceeding 25 knots),
•
recreational training vessels <24m in inshore operations;
•
PWC;
•
water-powered jetpacks (jetlevs and similar);
•
human powered vessels; and
•
vessels involved in sporting/recreational activities and affiliated
with a recognised body (eg Yachting Australia, Surf Lifesaving,
Waterski Federation).
New non-survey vessels would continue to be subject to the General
Safety Requirements Standard (GSR Standard, Part G of the NSCV), and
all non-survey vessels must comply with Part E (Operations) of the NSCV
or with the operating requirements of Part F (Special Vessels) of the
NSCV. At issue 11 below it is proposed that the General Safety Requirements Standard be reviewed.
An alternative option involves requiring vessels 7.5 - <12m in the
non-survey category to undergo an initial inspection to confirm compliance to the GSR Standard.
In order to manage other higher risk operations, if an operator intends
to use a non-survey vessel for any of the following activities, they would
be required to have the use listed on the Certificate of Operation (with
appropriate conditions applied):
•
operate a pile frame;
•
use as a landing barge;
•
towage; and
•
trawler fishing.
These arrangements would apply to new vessels, however existing vessels could opt in to the new arrangements. (Vessels which operated prior
to 1 July 2013 would be able to elect to continue under their 30 June
2013 grandfathered arrangements).
The current arrangements for tender and auxiliary vessels would continue. (These require, for example, tender vessels to be inspected when the
parent vessel is surveyed).
This would place more low risk vessels in the non-survey category, reducing their compliance costs both as result of the removal of the survey
obligation and because they would be required to comply with the GSR
Standard, a simpler design and construction standard.
4
8.
9.
Area
Current arrangements
Survey limits
All new vessels ≥35m, and existing
vessels ≥35m constructed to
the NSCV, must be designed,
constructed and maintained in
accordance with the rules of a
Classification Society.
Vessels <45m would not be required to be in Class (although may elect to be
in class for commercial reasons). The NSCV would include standards for vessels
<45m.
All new Class 1 and higher risk
Class 2 and 3 vessels (those in A
and B waters and those ≥7.5m in C
waters) are surveyed initially and
then annually.
Reduce the base periodic survey levels so that the following schedules apply:
Periodic survey
requirements
Medium risk Class 2, 3 and 4 vessels (those carrying passengers,
those <7.5m in C waters, overnight hire and drive vessels, and
all high risk vessels) are surveyed
initially, and then at Years 3 and 5
of a five year survey cycle.
Lower risk Class 2, 3 and 4 vessels
(those ≥7.5m in D and E waters,
which do not carry passengers,
are not overnight hire and drive
and are not high risk) are surveyed
initially.
‘High risk’ vessels include:
•
a powered barge that is:
used to carry passengers,
used for living or entertainment, used to operate a
pile frame, equipped with
dredging machinery having
a total brake power of
500kW, a landing barge or
primarily used for towage;
•
dredge with total brake
power of >500kW;
•
vessels primarily used for
towage;
•
vessels used for carrying
dangerous goods, including bulk petroleum or gas
products;
•
vessels with a crane or davit
exceeding 3 tonne capacity;
•
support vessels in the offshore oil industry;
•
vessels operating more
than 5 nautical miles off the
mainland; and
•
hire and drive PWC.
Streamlining concept
This would significantly reduce compliance costs for domestic commercial vessels 35m - <45m.
(Survey A) All Class 1 vessels; Class 2A*, 2B and 2C ≥7.5m vessels which carry
passengers; submersible and WIG craft; and novel vessels: initial survey, and four
periodic surveys and two SMS inspections in a five year period.
(Survey B) Class 2A*, 2B and 2C ≥7.5m vessels which do not carry passengers;
Class 2C <7.5m, 2D and 2E vessels which carry passengers; Class 3A*, 3B and 3C
≥7.5m vessels; Class 4C ≥7.5m vessels; and all vessels which carry goods listed
in the International Maritime Dangerous Goods Code, are equipped with plant
or machinery with lifting or slewing potential, are used as support vessels in the
offshore oil industry, have inboard petrol engines or are fast craft: initial survey,
and two periodic surveys and SMS inspections in a five year period.
(Survey C) All Class 2C <7.5m, 2D ≥12m, 2E ≥12m, 3C <7.5m, 3D ≥12m, 3E ≥12m,
4C <7.5m, 4D ≥12m and 4E ≥12m that are not in Survey A or B: initial survey and
annual self-inspection.
(Survey D) VMR, ferries in chains, permanently moored vessels, heritage vessels,
unpowered barges: initial survey, annual self-inspection, renewal survey at Year
5, and two SMS inspections in a five year period.
*Class A vessels include only those vessels that operated prior to 1 July 2013 and
which have been declared under section 19 of the Navigation Act 2012. All other
vessels operating beyond Australia’s Exclusive Economic Zone (approximately
200 nautical miles from shore) are subject to the Navigation Act 2012.
An alternative option to scheduled SMS inspections involves undertaking
random SMS inspections on a risk basis, focussing on the less safe operators,
rather than scheduling the inspections.
These arrangements would apply to new vessels, however existing vessels could
opt in to the new arrangements. (Vessels which operated prior to 1 July 2013
would be able to elect to continue under their 30 June 2013 grandfathered
arrangements).
Importantly, these would be ‘base’ survey and SMS inspection levels only and
would be adjusted based on surveyor recommendations, the outcomes of the
SMS inspections and compliance monitoring activities. Clear guidelines would
be provided for making adjustments to a vessel’s survey schedule, building on
Annex G of NSAMS Section 4. These guidelines would also cover issues such as
the impact of the sale of a vessel on that vessel’s survey schedule.
The survey schedules contained in NSAMS 4 would be reviewed to align with
the new periodic survey regime and to improve efficiency (eg to allow ultrasonic
propeller shaft inspection).
The survey process contained in Part F2 of the NSCV would be expanded to
the remainder of the fleet (conformity assessment where there are quality
assurance or quality management processes in place).
This would align periodic survey requirements more closely with the risks of the
individual vessel and operator. It would, for the majority of operators, reduce
survey costs.
5
Area
10. Minimum
crewing
Current arrangements
All new vessels must be operated
by a person holding a commercial
vessel qualification.
Streamlining concept
Allow the following vessels:
•
vessels involved in sporting/recreational activities and affiliated with a
recognised body that has systems in place to manage risk (eg Yachting
Australia, Surf Lifesaving, Waterski Federation); and
There are a number of specific exemptions to the minimum crewing
• research vessels <7.5m in sheltered (D and E) waters (and potentially C
requirements (for specified fishing
waters),
operations and small workboats,
to be operated by a person who:
for example). However, National
Regulator approval is generally
• holds a recreational qualification applicable to equivalent recreational
required.
vessels; or
Grandfathering arrangements
allow vessels which operated
prior to 1 July 2013 to continue to
comply with the crewing arrangements that applied to the vessel
on 30 June 2013.
11. Design and
construction
standards
The NSCV contains the required
outcomes and deemed-to-satisfy
technical requirements for the
design and construction of new
vessels in survey, and for the operation of all vessels.
The GSR Standard contains the
design and construction requirements for new vessels not in
survey.
•
holds a Coxswain 2 or higher level commercial vessel qualification.
This would apply current exemption arrangements across the fleet and remove
the need for the operators to apply for crewing exemptions.
Streamline the NSCV so that the technical requirements of the National System
more accessible and easier to identify.
Review the GSR Standard in order to:
- ensure that it contains appropriate arrangements for all non-survey vessels;
- allow equivalent solutions to the level flotation requirements (including those
permitted by Section C7A of the NSCV), which can be difficult to comply with;
and
- make it easier to apply and to confirm compliance.
Review Part F, Section 2 of the NSCV (Leisure Craft) to improve the alignment of
F2 with international standards and facilitate the importation and exportation of
recreational use vessels.
Review the NSCV requirements for fire safety to ensure that they are aligned to
the level of risk of a vessel and operation.
Ensure that NSCV
includes
appropriate
requirements
for dumb
barges
and ponthe NSCV
includes
apppropriate
requirements
for dumb
barges
and
toons,
where
these
are captured
by the
Law.Law.
pontoons,
where
these
are captured
by National
the National
This would strengthen the NSCV and allow for more importation and exportation
of commercial vessels.
12. Certificate of
Competency
standards
New Certificates of Competency
are issued in accordance with Part
D of the NSCV.
Change the Master <35m Near Coastal (NC) certificate to a Master <45m NC
certificate. The pre-requisites to issuing the certificate would remain the same.
An alternative option is to issue endorsements allowing Master <35 to operate
an <45m vessel provided they have sufficient training and experience.
This would reduce the length gap between Master <35m and Master <80m and
align crewing requirements with the proposed National System survey cut-offs.
13. Recreational use Domestic commercial vessels can
exemption
be used recreationally, provided
the use has been approved by the
National Regulator. In some case,s,
operators have been required to
apply to the National Regulator
each time the vessel is used recreationally.
Allow operators to apply for the recreational use exemption as part of the Certificate of Operation rather than separately (halving the application transactions).
The recreational use allowance (and any conditions) would then be noted on the
Certificate of Operation.
Operators would not have to advise the National Regulator each time the vessel
is used recreationally, nor apply for voyage-specific exemptions, unless required
by the Certificate of Operation and provided they operate within the conditions
identified on the Certificate of Operation.
For vessels that are not required to be on a Certificate of Operation, the exemption would permit recreational use of the vessel, with conditions. Operators of
these vessels would not be required to apply for the exemption.
An alternative option is to allow specified vessels – such as vessels <24m – to
operate recreationally without applying for approval. Other vessels would need
approval to operate recreationally, which would be issued through the Certificate
of Operation.
This would remove unnecessary paperwork for industry and the National Regulator.
6
Next steps
The streamlining ideas set out above are concepts only and we want your input.
•
Have you identified inefficiencies in the system that should be reviewed?
•
Is there anything in the rules that apply to you that you believe does not make sense, particularly in terms of achieving safety
outcomes?
•
Are there any major safety failings that need to be addressed?
•
How would you like to see commercial vessel regulation change?
•
What do you think about the changes proposed in this paper?
If you have answers to any of these questions, or any other input into the review, please email us at updates@amsa.gov.au.
amsaconsultation@amsa.gov.au.
Once finalised and endorsed by Transport Ministers, the outcomes of the Streamlining Review will be implemented through amendments to
the National Law (where required), Regulations, Marine Orders, national standards and administrative arrangements.
Together, we can build a system that is safe, effective and efficient.
7
Australian Maritime Safety Authority
amsaconsultation@amsa.gov.au
updates@amsa.gov.au
www.amsa.gov.au/nationalsystem