Your comments on this new draft Marine Order would be appreciated. Comment can be made online using the AMSA regulatory consultation tool at https://apps.amsa.gov.au/MOReview/
This link provides you with access to the new draft Marine Order 52, the draft Australian National Annex to the LY3 Code and other information. A consequential amendment to Marine Order 31 (Vessel survey and certification) amendment 2015 is also at the link.
To make a submission online you need to be registered with a password for verification.
If you encounter any problems in using this online tool please contact marineorderdraft@amsa.gov.au.
The proposed date of effect for the new Marine Order 52 and the consequential amendment to Marine Order 31 is 1 February 2016.
Background: The current Marine Order 52 (Sailing vessels) 1999 relates to sail training vessels, specifying requirements for construction/equipment, survey/certification and safety of sail trainees. In late 2014 AMSA commenced a comprehensive review of the Order to update and provide clarity of requirements for training vessels and large yachts involved in commercial operations (which are currently treated as cargo or passenger vessels, depending on the number of passengers carried).
This new draft Order caters for the operational nature of large yachts and training vessels to provide for effective regulation for both industry and AMSA. Industry consultations have assisted the development of this new Marine Order and the associated Australian National Annex.
The Order uses the existing international framework of standards for large yachts, known as the Large Yacht Code (LY3 Code) developed by the United Kingdom’s Maritime and Coastguard Agency. The LY3 Code applies to vessels (motor and sail) that are over 24 metres in load line length, in commercial operations and going on overseas voyages. The LY3 Code also uses existing IMO certification and survey structures and is complied with by the majority of yachting interests worldwide (other yachts comply with standards based on the previous code (LY2)).
The Order incorporates the LY3 Code and uses the draft ‘Australian National Annex to the LY3 Code’ which modifies the requirements of the Code for how it will work in Australia. The Annex references section numbers of the LY3 Code and includes a table of certification required on large yachts and training vessels. In practice, a vessel is assessed against the LY3 Code chapters as modified by the national annex, to obtain a Certificate of Compliance. There is also a Certificate of Survey for vessels that are under 500 gross tonnage. Transitional arrangements will allow existing sailing vessels and sail training vessels to continue to comply with current MO52 unless they are substantially modified.
The new Order will facilitate Australian owned ‘superyachts’ registered overseas to change to Australian registration and new/existing vessels operating in Australia to obtain certification with international recognition. Port State Control inspection of large foreign yachts can rely on the LY3 Code, instead of cargo or passenger ship requirements.
