Document ID: chunk:federal_register_of_legislation:F2013L00871:reg:15:p8
Version: federal_register_of_legislation:F2013L00871
Segment Type: reg
Provision Reference: reg 15 (pt 8/16)
Character Range: 407930–410716

notification of a decision on an application
         * review of decisions.

5A Exemptions
       5A.1A person may apply, in accordance with the application process set out in Marine Order 1 (Administration) 2011, for an exemption of a vessel from a requirement of this Order.
       5A.2The decision maker for the application is the Manager, Ship Inspection and Registration.
       5A.3The decision maker may give an exemption only if he or she is satisfied that:
(a) requiring compliance with the requirement would be unreasonable; and
(b) giving the exemption would not contravene SOLAS.

6 Review of decisions
       A decision under this Order, other than a decision under section 5 or 5A, is taken to be a reviewable decision for section 18 of Marine Order 1 (Administration) 2011.
Note    A decision under section 5 or 5A is also a reviewable decision for Marine Order 1 (Administration) 2011 because it is mentioned in section 16 of that Order.

7 Requirements for dangerous goods and their packing, stowing and carriage
       For subsection 112(6) of the Navigation Act, packing, stowing and carriage of dangerous goods must comply with the following requirements:
(a) Parts A and D of Chapter VII of SOLAS;
(b) the provisions of the IMDG Code that are expressed by the Code to be mandatory;
(c) Schedule 1;
(d) for goods to which the INF Code applies — the INF Code.
     Note 1    There may be additional requirements under the Protection of the Sea (Prevention of Pollution from Ships) Act 1983, and Marine Order 94 (Marine pollution prevention — packaged harmful substances) 2009, which give effect to the dangerous goods aspects of MARPOL.
Note 2   Section 267 of the Navigation Act provides that an inspector may give a prohibition notice to the responsible person of a vessel about an activity involving a serious risk to the health or safety of a person.
     Note 3    If a vessel is required by SOLAS II-2/54.3 or SOLAS II-2/19.4, as appropriate, to carry a Document of Compliance for the carriage of dangerous goods, dangerous goods not carried in accordance with the Document of Compliance may be regarded as endangering the safety of the vessel.
Note 4   See section 11 for further information about the powers of inspectors under section 260 of the Navigation Act to inspect vessels, premises and documentation.  Failure to take reasonable steps to facilitate the boarding of a vessel by an inspector is an offence under subsection 258(4) of the Navigation Act.
Note 5   Division 4 of Chapter 3 of the Navigation Act sets out various offences in relation to dangerous goods.

[14] Subsection 9.1.1, including the note
substitute
       9.1.1For subsection 119(1) of the Navigation Act, this section specifies the following matters about the notice of intention