Document ID: chunk:federal_register_of_legislation:F2016L01939:body:0:p1
Version: federal_register_of_legislation:F2016L01939
Segment Type: other
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Character Range: 0–3006

AMSA MO 2016/21
Marine Order 53 (Vessels in polar waters) 2016
I, Gary Prosser, Acting Chief Executive Officer of the Australian Maritime Safety Authority, make this Order under subsection 342(1) of the Navigation Act 2012.
8 December 2016
Gary Prosser
Acting Chief Executive Officer

Division 1 Preliminary
1 Name of Order
1A Commencement
2 Purpose
3 Power
4 Definitions
5 Interpretation
6 Application
7 Alternative design or arrangement
8 Approvals
Division 2 Polar Ship Certificate issued under the Navigation Act
9 Certificate required
10 Applying for certificate
11 Criteria for issue of certificate
12 Conditions of certificate
13 Duration of certificate
14 Endorsement of certificate
15 Variation of certificate
16 Revocation of certificate
Division 3 Requirements for foreign vessels
17 Certificate required for foreign vessels
18 Requirements for foreign vessels
Division 4 Other matters
19 Polar water operational manual
20 Voyage planning requirements

Division 1 Preliminary

1 Name of Order
       This Order is Marine Order 53 (Vessels in polar waters) 2016.

1A Commencement
       This Order commences on 1 January 2017.

2 Purpose
       This Order gives effect to the Polar Code, other than Chapter 12 of Part I-A and Part II-A, in accordance with Chapter XIV of SOLAS, including:
(a) the certification of vessels to demonstrate survey under the Polar Code; and
(b) arrangements for the safe operation of vessels in polar waters.
Note 1   The Polar Code sets out requirements for the design, construction, equipment, operation, training, search and rescue and environmental protection matters for vessels operating in polar waters.
Note 2   The pollution prevention requirements of Part II-A of the Polar Code are implemented under the following Orders:
          * Marine Order 91 (Marine pollution prevention — oil) 2014
          * Marine Order 93 (Marine pollution prevention — noxious liquid substances) 2014
          * Marine Order 95 (Marine pollution prevention — garbage) 2013
          * Marine Order 96 (Marine Pollution prevention — sewage) 2013.

3 Power
       (1)The following provisions of the Navigation Act provide for this Order to be made:
(a) section 98 which provides that the regulations may provide for safety certificates;
(b) section 314 which provides that the regulations may provide for matters relating to certificates;
(c) subsection 339(2) which provides that the regulations may provide for the matters mentioned in that provision including the design and construction of vessels;
(d) paragraph 340(1)(a) which provides that the regulations may provide for giving effect to SOLAS;
(e) subsection 341(1) which provides that the regulations may provide for the imposition of penalties for a contravention of a provision of the regulations.
       (2)Subsection 339(1) of the Navigation Act provides for regulations to be made prescribing matters required or permitted to be prescribed, or that are necessary or convenient to be prescribed, for carrying out