Document ID: chunk:federal_register_of_legislation:F2024L00648:body:0:p4
Version: federal_register_of_legislation:F2024L00648
Segment Type: other
Provision Reference: 
Character Range: 7871–10711

Navigation Act. An issuing body may issue that certificate under section 100 of the Navigation Act.
Note 2   Division 3 of Marine Order 1 (Administration) 2013 prescribes some general rules about the making and determination of various kinds of applications. Section 17 of that Marine Order provides for internal review of decisions about applications. That section does not apply to decisions about safety certificates because those decisions are reviewable by the Administrative Appeals Tribunal — see subsection 313(1) of the Navigation Act.

9 Criteria for issue of certificate
        For paragraph 100(1)(b) of the Navigation Act, the criteria for the issue of an IP Ship Safety Certificate are that:
(a) the vessel must have a safety certificate of a kind that is:
 (i) specified in Schedule 1 of Marine Order 31 (SOLAS and non-SOLAS certification) 2019 and required in accordance with Regulation 12 of Chapter I or Regulation 10 of Chapter VIII of SOLAS; or
 (ii) specified in section 10 of Marine Order 49 (High-speed craft) 2015 and required in accordance with Chapter X of SOLAS; and
(b) the vessel, equipment and arrangements meet the following:
 (i) functional requirements mentioned in Part II of the IP Code in relation to subdivision and stability, machinery installations, electrical installations, periodically unattended machinery spaces, fire safety, life-saving appliances and arrangements and dangerous goods; and
 (ii) requirements mentioned in Part IV or Part V of the IP Code, that applies; and
(c) the vessel has been surveyed in accordance with:
 (i) section I/3 of the IP Code; and
 (ii) Regulations 8, 9, and 10 of Chapter I of SOLAS or sections 1.5 to 1.9 of the HSC Code.

10 Conditions of certificate
       (1) For paragraph 100(2)(a) of the Navigation Act, an IP Ship Safety Certificate is subject to the following conditions:
(a) personnel transfer arrangements must be designed, constructed, tested and installed to meet both functional requirement in paragraph II/2.2.2 of the IP Code and any standards imposed by the issuing body;
(b) the design of the personnel transfer arrangements must be suitable for the arrangement on the vessel;
(c) an analysis must be prepared in order to evaluate failures in industrial personnel transfer arrangements and associated systems which might impair the availability of the transfer arrangements or endanger the safety of the persons involved;
(d) the manoeuvrability of the vessel together with the expected need for the vessel to keep position over time must be evaluated, to ensure the correct use of position-keeping equipment and the functional requirement in paragraph II/2.2.3 of the IP Code is met;
(e) procedures must be in place to ensure correct information on the number and identity of industrial personnel on board at all times to meet the functional