Introduction to AMSA
Adam Brancher- Manager Standards and
Operations
Domestic Vessel Division AMSA
Australian Maritime Safety Authority
AMSA is the national regulator responsible for commercial
maritime safety, protection of the marine environment,
and maritime and aviation search and rescue
Maritime Safety
•
40,000 Domestic Commercial
Vessels
•
100k + Seafarers
•
7800 foreign ships inspected in 201112
•
Inspections at 17 regional offices
•
Issue and monitor international
seafarer qualifications
•
Aids to Navigation
•
Vessel Tracking Service
•
Coastal pilotage
Maritime Reform
•
Navigation Act 2012 implements Australia’s obligations under
international conventions for vessels that travel outside the
EEZ and foreign vessels in Australian waters from 1 July 2013
•
Marine Safety (Domestic Commercial Vessel) National
Law Act 2012 (National Law) establishes the National
System for Australian commercial vessels that operate
domestically (within the EEZ) from 1 July 2013
•
Maritime Labour Convention enters into force August 2013
•
Australian International Shipping Register from July 2012
NATIONAL SYSTEM FOR DOMESTIC COMMERCIAL
VESSEL SAFETY
Fundamentals of National System
• One Regulator (AMSA), One Law (the Commonwealth’s
National Law Act), One System implementing agreed national
standards
• One set of national rules promotes clarity and consistency.
• No barriers to domestic commercial vessels and qualified
seafarers moving freely around Australia
• Transitional arrangements 2013-2016
Role of States/NT in Service Delivery
•
State/NT maritime safety
agencies role “same service,
same people”
•
State/NT staff will deliver the
National System as delegates of
the National System
•
Business rules and agreed
processes should maximise
nationally consistent product
What is covered where under the new arrangements
State Territory Law
National Law
Navigation Act
Recreational Vessels
Domestic vessel used for
commercial, government
or research activity in
Australian waters
Foreign flagged vessel
Other vessels not
captured by National Law
(eg inflatable rafts) or
Navigation Act
Australian vessels leaving EEZ
Australian vessel with
certification for unrestricted
Navigation Act operations
Australian vessel that applies to
AMSA to opt in
Australia’s Exclusive Economic Zone (EEZ)
Key Concept – What is a Vessel?
•
A Vessel is any craft for use or capable of use in navigation by water
– however propelled – some examples are cited in the draft
regulations to clarify what is and is not a vessel for the purposes of
the National Law
•
These are not vessels – acquaculture pens, aquaplanes, boogie
boards, floating structures permanently connected to the shore,
inflatable rafts, inner tubes, kiteboards, paddleboard, surfboards, surf
skis, towed recreational equipment and waterskis
Key Concept – What is a Domestic Commercial Vessel
•
A Domestic Commercial Vessel (DCV) is a vessel for use in connection with
commercial, government or research activities
These ARE NOT DCVs
These ARE DCVs
Defence vessels, those operated by
Institutes of Sport (unless chartered
or offered for hire and reward),
school or community group vessels
(unless chartered or offered for hire
and reward), vessels operated by
dealers, recreational vessels used
incidentally to support a sporting
event or in film or prop work.
Volunteer search and rescue
vessels (including surf life saving
vessels operating over 2nm from
the low water mark), charter and
hire and drive in nearly all
circumstances (except community
group vessels to members),
research vessels, government
vessels
Elements of the National Law Act
•
Certificate Requirements
► Certificate of Survey
► Certificate of Operation - linked to Vessel Safety Management System
► Certificate of Competency
•
Vessel Identification
•
General Safety Duties
•
Assistance and Reporting Obligations
•
Marine Safety Inspectors Powers
•
General provisions dealing with review of National Regulator decisions
Unique Identifier
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Purpose – on water identification of commercial vessels
•
If a vessel already has an ID – this carries over
•
If no ID issued – must have one by 2016
•
Vessels registered under Shipping Registration Act 1981 exempt
•
New Vessels must have unique ID and display it within 90 days of
being issued with it.
Certificate of Survey – Existing Vessels
Existing Vessels
Existing certificate deemed to be National Law Certificate until either:
•
Existing certificate expires; or
•
Operations change such as to increase risk; or
•
Operating area changes; or
•
2016
Survey requirement is what applied before commencement (NSAMS 4
or Section 14 USL).
Relevant construction standard is the one to which it was built.
Certificate of Survey – New Vessels
New Vessels
•
Survey requirement
determined by NSAMS 4
•
Construction standard
National Standard for
Commercial Vessels
(NSCV) (other than C1
and C2) and parts of the
USL Code
Certificate of Operations
Purpose – Focus on Safety of the Operation
A focus on safety of the operation promotes a safety culture which supports the
effective integration of the safety management system into the operation
Benefits of a safety culture are:
► better knowledge about safety issues within the organisation; and
► a safety management system that is fully integrated into organisational life
Safety culture is very important because safety research tells us that the
overwhelming cause of transport accidents is not a defective vessel but human
factors – the inadequate management of risk
Certificate of Operation – Existing Operations
•
As per applicable standards requirements
•
http://nationalsystem.amsa.gov.au/documents/Applicable_Standards
_Table_MAF.pdf
Certificate of Operations – New Operations
Following commencement, all new vessels will require a
Certificate of Operations
•
Class 1 (passenger) Vessels – SMS must comply with
NSCV Part E
•
Classes 2 & 3 (trading and fishing) vessels - NSCV Part
E
•
Class 4 (hire and drive) vessels – NSCV Part F2.
Certificate of Operations – What’s Required
•
Low risk operations/vessels
(NS vessels) – Applicant
declares compliance with
General Safety Requirements
Standard
•
Medium/High risk
operations/vessels – Applicant
declares risk assessment done
and risk mitigation measures
implemented (tailored to risk)
Certificate of Competency – “Ticket”
Existing Tickets
•
Current tickets deemed to be National System tickets
•
Any conditions on state tickets carried over
•
When state ticket expires need to obtain a new National System
ticket
•
Perpetuals remain perpetuals
New Tickets
•
NSCV Part D applies.
AMSA and Yachting
AMSA has extensively engaged with Yachting Australia in order to develop a
common understanding of the issues that will impact on sailing and boating
activities at affiliated sailing and yacht clubs (Clubs) and Discover Sailing
Centres (Training Centres).
AMSA’s aim has been to ensure that the current activities in which Clubs and
Training Centres and their members normally engage in that fall within the
definition of commercial activities can continue whilst aligning with the National
Law.
Club Activities for Members
The National Law Regulations (Part 2, Section 6) defines a prescribed community group
that:
a) is incorporated, an unincorporated association or a body established by
legislation; and
b) does not operate for profit or gain to its members; and
c) is, by the terms of its constituent document, prohibited from making any
distribution, whether in money, property or otherwise, to its members.
YA Clubs would generally fall under the definition of prescribed
community groups. Normal club activities will therefore not be
impacted by the changes and will continue to be regulated by the
State Maritime Authorities, the Racing Rules of Sailing and the
Yachting Australia Special Regulations.
Also, if a boat carries sponsorship during a sporting event is used for
promotional activities, or a person is paid to operate or crew the boat,
it doesn’t mean that the vessel is ‘captured’ under the National Law.
This issue is dealt with under the National Law Regulations (Part 2,
Section 6).
Activities for Non-Members
The situation potentially changes where a Club is delivering
services, including training as a Training Centre, to nonmembers and a fee is charged. This activity is considered
commercial and will need to comply with the National
Law.
AMSA has produced a guidance note to assist clubs in this
situation and we understand that your CEO is writing to
all clubs to provide some advice on this subject.
If you offer training to non-members, or are a
commercial Training Centre, you will be conducting a
commercial activity and will be required to meet the
requirements of the National Law. You will need to apply
for a Certificate of Operation, the issuing of which should
be a formality if you already operate as a YA compliant
Training Centre. The relevant AMSA Guidance Notice for
Yachting Australia Vessels provides details.
Activities that were being carried out prior to 1 July 2013,
and were not considered commercial under your previous
state legislation, have been effectively ‘grandfathered’
until 2016, allowing time to comply with the changes
where necessary. The only time that your Club may need
to apply for a ‘Certificate of Operation’ in a shorter
timeframe is where the nature of any commercial
activities that you offer change.
Guidance Note………….
Outstanding Issues
Yachting qualifications and their use in commercial
circumstances- Ex 18 to cover until June 30 2014 until
common understandings reached
Standards revision programme- see website for discussion
papers
STCW and Part D Quals
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Thanks and Questions