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Amsa 746

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GUIDANCE NOTICE

The Navigation Act and National Law –


Documents issued by recognised classification societies
The Navigation Act 2012 (‘Navigation Act’) and the Classification Societies also produce various
Marine Safety (Domestic Commercial Vessel) National documents that do not have statutory force. These
Law Act 2012 (‘National Law’) commenced on non-statutory documents may nonetheless provide
1 July 2013. As a general rule: evidence that a vessel meets an applicable standard.
• Australian vessels that do not voyage beyond the Recognised Classification Societies are not issuing
EEZ, and do not have statutory certificates for bodies under the National Law. Only AMSA, as the
voyages beyond EEZ, will be Domestic Commercial National Regulator, has power to issue certificates
Vessels (DCVs) subject to the National Law, and under National Law. However, documents issued by
Recognised Classification Societies may be used to
• Australian vessels that voyage beyond the EEZ, or
support applications for National Law Certificates of
have statutory certificates for voyages beyond the
Survey.
EEZ, will be Regulated Australian Vessels (RAVs)
subject to the RAV provisions of the Navigation Act.
What if my Australian vessel has a
This guidance notice provides information about the Statutory Certificate and I want it to be a
implications of the new legislation for operators of RAV under the Navigation Act?
Australian vessels that are “Classed”.
You don’t need to do anything. The general rule is
that if an Australian vessel has a certificate issued by
Who are the Recognised Classification
an issuing body (such as Recognised Classification
Societies?
Societies) under the Navigation Act, the vessel will be
AMSA Recognised Classification Societies are currently: subject to the RAV provisions of the Navigation Act,
• American Bureau of Shipping (ABS) even if the vessel engages exclusively in near-coast
voyages. The exceptions is MARPOL Certificates.
• Bureau Vertitas (BV)
Vessels that have MARPOL Certificates issued under
• Det Norske Veritas (DNV) the Navigation Act are not automatically captured by the
• Lloyds Register (LR) RAV provisions. If the vessel has (or also has) SOLAS
Certificates, it will be captured by the RAV provisions.
• Nippon Kaiji Kyokai (NKK)
• China Classification Society (CCS) What if I have to, or want to, keep my
• RINA Services S.p.A Australian vessel ‘Classed’, but I want it to
be a DCV?
• Korean Register of Shipping (KR)
Owners/operators of DCVs must not obtain a Statutory
Statutory Certificates versus non-statutory Certificate from a Recognised Classification Society,
documents unless the owner/operator intends the vessel to
Each Recognised Classification Society is an “issuing become a RAV under the Navigation Act, instead of a
body” under the Navigation Act. This means they DCV. The exceptions is MARPOL Certificates.
will have the power to issue Certificates under the
DCVs that trigger the cargo, size or other criteria for the
Navigation Act. Those statutory certificates have the
application of the various Annexes of MARPOL must
same effect as if issued by AMSA. obtain the corresponding Navigation Act Certificates
from a Recognised Classification Society.

Australian Maritime Safety Authority, Canberra ACT Australia December 2017 AMSA746 (12/17) Page 1 of 2
GUIDANCE NOTICE: The new Navigation Act and National Law – Documents issued by recognised classification societies

DCVs that trigger the length or tonnage criteria for • International Oil Pollution Prevention Certificates
load line survey and marking must obtain a Load Line • Interim Class Certificates
Certificate from the National Regulator, under Marine
• MARPOL Certificates
Order 507.
• ILO Certificates
Vessels designed, constructed and maintained in
• Coatings Certificates
accordance with Recognised Classification Society
Rules are deemed to satisfy the construction standards • Quality Management Certificates
of the National Standard for Commercial Vessels The following documents issued by a recognised
(NSCV). Under the NSCV Part C3, a vessel of 35m or Classification Society will be sufficient to satisfy the
more in length must be ‘Classed’. Vessels under that Delegate that a vessel meets the Equipment standards
length may choose to remain in Class. of the NSCV, unless the Delegate has substantial
Owners/operators of DCVs that must be, or have reasons to believe otherwise:
chosen to remain, in Class, will still need to obtain a • Safety Equipment Certificates
National Law Certificate of Survey (CoS), unless the • Radio certificates
vessel is exempt from survey.
• Other statements / documents of compliance
To obtain a National Law CoS, owners/operators will
There may be circumstances in which a Delegate may
need to apply to a Delegate of the National Regulator
have substantial reasons to believe a vessel in Class
and provide evidence to satisfy the Delegate that
does not meet the construction or equipment standards
the vessel meets the applicable construction and
of the NSCV. An example might include an unauthorised
equipment standards in the NSCV.
alteration of the vessel without Class approval which
The following Recognised Classification Society comes to the attention of the National Regulator
documents may be provided to Delegates as proof of
In those, or any other circumstances the delegate sees
compliance with construction and equipment standards:
fit the National Regulator may require the vessel to be
• Any documentation of compliance or equivalent; inspected by an attested/accredited surveyor, before
• Any additional (if any) material or evidence relied deciding whether to issue a National Law CoS.
upon by the Class Society in their assessment of
compliance; Note: Conditions on National System
Certificates of Survey
• Documentation relating to equipment (if applicable),
including safety equipment; and As well as any conditions imposed on the certificate by
the Delegate, all National Law Certificates of Survey
• Documentation relating to any interaction with a
(COS) are subject to statutorily-imposed conditions.
surveyor (if applicable).
Those conditions are set out in paragraph 7 of Marine
The following documents issued by a recognised Order 503.
Classification Society will be sufficient to satisfy
the Delegate that a vessel meets the Construction
standards of the NSCV, unless the Delegate has
substantial reasons to believe otherwise:
• Material test certificates
• Stamped vessel drawings
• Tonnage Certificates
• Stamped stability books
• Ship Safety Construction Certificates
• Statements/Certificates of Compliance

Australian Maritime Safety Authority, Canberra ACT Australia December 2017 AMSA746 (12/17) Page 2 of 2

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