Consultation – Proposed changes to Marine Order 52 (Yachts and training vessels)

Marine Order 52 establishes survey and certification requirements for regulated Australian vessels (RAVs) that are yachts or training vessels. 

The current Marine Order 52 gives effect to the Red Ensign Group (REG) Large Yacht Code (known as the LY3 Code). The LY3 Code has been updated with the REG Yacht Code Part A. Therefore Marine Order 52 requires review to give effect to the Yacht Code Part A. The accompanying draft Australian National Annex has also been prepared.

Marine Order 52 does not apply to domestic commercial vessels (DCVs) or recreational vessels.

• The draft Marine Order 52 and accompanying draft Australian National Annex have been updated to incorporate the REG Yacht Code Part A. The REG Yacht Code Part A:
  • is applicable to yachts which are 24 metres and over in load line length, are in commercial use for sport or pleasure, do not carry cargo and do not carry more than 12 passengers
  • further develops the industry standards set by the LY3 Code 
  • adopts more from industry best practice and provides more flexibility and innovation in yacht design and construction 
  • provides equivalence arrangements for large yachts (ie 24 metres and over in load line length), under the provisions of the International Convention on Load Lines 1966, the International Convention on Safety of Life at Sea (SOLAS) and the International Convention on Standards of Training Certification and Watchkeeping for Seafarers 1978 (STCW) and
  • applies to yachts designed and constructed after 1 January 2019.
• The draft Marine Order 52 has also been updated to reflect current drafting practice, formatting and terminology.

The changes affect any regulated Australian or foreign vessel that is a yacht or training vessel.  The draft Marine Order 52 includes the following definitions:

Yacht—a vessel that does not carry cargo, does not carry more than 12 passengers and has a commercial use related to the provision of a sport or pleasure activity. 

Training vessel—a vessel that does not carry more than 12 passengers, is either a sailing vessel or a motor vessel, and is operated for a purpose that includes providing instruction on the business of the vessel in relation to: 

• the principles of responsibility, resourcefulness, loyalty and team endeavour
• navigation and seamanship, marine engineering or other shipboard-related skills.

The Red Ensign Group developed the LY3 Code and, more recently, the REG Yacht Code Part A, to provide an alternative means for commercial yachts, 24 metres and over in load line length, to comply with SOLAS, the Load Line Convention and STCW.    

The REG Yacht Code Part A came into effect on 1 January 2019. 

The LY3 Code and the accompanying LY3 Code Australian National Annex will continue to apply to vessels designed and constructed under the LY3 Code prior to 1 January 2019. The REG Yacht Code Part A and accompanying Australian National Annex will apply to vessels designed and constructed from 1 January 2019. 

Yachts and training vessels must also comply with all other international conventions related to a vessel of its size and operations not altered by the current or updated marine order.

When will the proposed changes come into effect? 

It is proposed the new marine order will come into effect on 01 January 2023.  

Resources 

• Draft Marine Order 52  PDF342.99 KB
• Summary of changes from the current Marine Order 52 to the draft Marine Order 52, including consequential amendments to other marine orders. PDF388.42 KB
• REG Yacht Code Part A and the associated Common Annexes
• Draft Australian National Annex to the REG Yacht Code Part A PDF628.92 KB