Australia – AMSA Marine Notice regarding refusal of access to Australian ports
The Australian Maritime Safety Authority (AMSA) has issued Marine Notice 03/2015 for ensuring safety of a vessel with regard to the measures which should be taken by AMSA to a vessel approaching or entering Australian waters.
The Notice is to set out AMSA’s approach to the enforcement of the measures given under section 246 of the Navigation Act 2012 (the Act). The Act gives AMSA the power to direct a vessel;
- not to enter any ports in Australia or its Exclusive Economic Zone (EEZ)
- to comply with specified requirements while it is entering or leaving any ports in Australia or its EEZ
The Act does not specify a minimum or maximum period of refusal to access or details of specified requirements which should be complied with, and AMSA will make those decisions based on the facts and circumstances of each case. In support of the decision making process, AMSA has published the said Marine Notice 03/2015 which provides the guidelines as to how AMSA will generally approach to exercise its power.
[Refusal of vessel’s entry]
AMSA will apply the following general principles when they consider refusal of access to Australian ports where a vessel has a poor Port State Control (PSC) record or there are concerns about the vessel’s management/operation.
Refusal of access for 3 months
where a vessel is detained and released with conditions to carry out corrective actions, but returns to Australia without rectifying deficiency, or where a vessel is detained three times in two year period.
Refusal of access for 12 months
where a vessel has been previously issued a direction prohibiting entry, and subsequently detained within two years of the expiry of a previous ban.
Refusal of access for 24 months
where a vessel has been previously issued two directions prohibiting entry, and subsequently detained within two years of the expiry of the last ban.
According to the Notice, AMSA will also consider the overall circumstances regarding the performance of a vessel operation/management and may extend the above periods.
In addition to the above, AMSA may prohibit a vessel’s entry where
- a serious breach of Australian legislation has occurred.
- deficiencies in the vessel operator’s management system is considered to pose a significant risk to safety of crew and Australia’s marine environment.
- as the standard of some vessels’ management by an operator is poor, AMSA considers that other vessels managed by the same company also should be banned.
[Direction to comply with specified requirements]
AMSA can also issue a direction requiring compliance with specific requirements while a vessel is entering or leaving any ports in Australia or its EEZ. The special requirements will vary on a case-by- case basis, but AMSA has given the following examples as to the situations where the specific requirements can be applied.
- Non-compliance with the Maritime Labour Convention (MLC) such as payment of crew wage or welfare
- poor management of fatigue and rest/work hours
- failure to comply with mandatory reporting requirements
- inadequate and out-of date nautical charts
- poor navigation practices
- failure to comply with the requirements under MARPOL
By the end of January, four vessels were issued with prohibition directions, one of which has been banned for 12 months.
Members who are considering trade to Australia are reminded to pay attention to the above measures.