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 2011-

12

• Inspections at 17 regional offices

• Issue and monitor international

seafarer qualifications

• Aids to Navigation

• Vessel Tracking Service

• Coastal pilotage

• 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

Maritime Reform

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

• 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 non-

members 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

?

Thanks and Questions