This marine notice supersedes Marine Notice 10/2017.
Users should be aware of the implications of the automatic channel switching feature in VHF DSC radios being enabled during safety critical operations. Instructions on its use should be included in the ship’s bridge procedures.
Management of the automatic channel switching feature
VHF marine radios with DSC capability have a function that enables automatic channel switching to VHF channel 16, when a DSC distress alert is received.
This design function complies with the International Telecommunications Union (ITU) Recommendation ITU-R M.493-15 (2019).
Users should be aware that the automatic channel switching function can be disabled to prevent automatic channel switching.
If automatic channel switching is disabled, transceivers will continue to detect DSC distress alerts. The user can then decide whether to accept the channel switch request.
Manufacturers implement the feature in different ways and usually include instructions in the user manual.
Equipment should provide a visual indication when the automatic switching function is disabled. If the user manual or documentation is not clear in this regard, advice from the supplier or service agent should be sought.
Ships’ bridge procedures should include instructions on how and when to disable and re-enable automatic channel switching during safety critical operations.
the importance of stowing and securing cargo containers in accordance with Chapter VI of the International Convention for the Safety of Life at Sea, 1974 (SOLAS) as amended and
the potential danger to container ships navigating in the vicinity of intense low-pressure systems that occur off the east coast of Australia.
AMSA encourages ship owners and masters to familiarise themselves with the approved cargo securing manual for their vessel and Marine Order 42, which gives effect to Chapter VI of SOLAS in Australia.
Background
Investigation of recent container losses in Australian waters found avoidable contributing factors, including:
container stacks exceeding the mass limits of the approved cargo securing manual
vertical mass distribution of containers contravening the approved cargo securing manual
heavy corrosion of fixed and portable container securing points
Masters failing to avoid (or reduce the impact of) severe weather and sea conditions.
Container losses cause significant harm to the environment, damage to ships and pose a danger to crew. AMSA’s recent focused inspection campaign on proper stowage and securing of cargo containers found ships that:
exceeded the maximum permissible container stack weights
exceeded maximum permissible weight distributions within stacks
did not secure cargo appropriately throughout the voyage to prevent loss of cargo overboard.
Collapsed containers on board a ship off the Australian coastline
Cargo containers and severe weather
Regulation 5.1 of Chapter VI of SOLAS stipulates cargo shall be loaded, stowed and secured to prevent damage or hazard to the ship, persons and loss of cargo overboard. Regulation 5 is given effect in section 14 of Marine Order 42.
Cargo shall be carried in accordance with the Code of Safe Practice for Cargo Stowage and Securing (CSS Code). The CSS Code General Principles state:
“Decisions taken for measures of stowage and securing cargo should be based on the most severe weather conditions which may be expected by experience for the intended voyage.”
Severe weather conditions may be experienced at any time of the year off the Australian coast and cargo should be stowed and secured accordingly.
The majority of recent container loss incidents in Australian waters have occurred during an East Coast Low event.
The effects of East Coast Lows
East Coast Lows are intense low-pressure weather systems that occur off the east coast of Australia. These systems are also referred to as complex lows or Tasman lows.
East Coast Low Australia – Satellite Image (NASA Worldview) Graphic (Bureau of Meteorology, Australia)
Strong southerly winds, when combined with an easterly swell, can create extreme wave conditions where container ships are at risk of losing cargo overboard. In such incidents, swell size and interval may lead to excessive or even parametric rolling resulting in extreme acceleration forces on container stacks.
Guidance for avoidance of parametric rolling is provided in MSC.1/Circ.1228 Revised guidance to the master for avoiding dangerous situations in adverse weather and sea conditions.
Chapter 6.3 of the CSS states:
“One way of reducing excessive accelerations is for the master, as far as possible and practicable, to plan the voyage of the ship carefully so as to avoid areas with severe weather and sea conditions. The master should always consult the latest available weather information.”
The Australian Government Bureau of Meteorology (BoM) provides weather forecasts and high seas warnings to GMDSS equipped ships in Australian waters, these are received by Inmarsat C or Iridium Terminals configured to NAVAREA X1.
Cargo securing manual
Cargo containers shall be stowed and secured in accordance with the approved cargo securing manual as required by Regulation 5.6 of Chapter VI of SOLAS.
Masters and deck officers must be familiar with the contents of the cargo securing manual including container securing requirements, maximum container stack masses and permissible vertical sequences of masses within container stacks.
Exceeding the mass limits defined in the cargo securing manual may result in the destruction of lashings and fittings or the collapse of individual containers due to excessive acceleration forces in heavy weather.
Maintenance of securing devices and arrangements
Using heavily corroded fixed or portable cargo securing devices increases the risk of container loss as this diminishes the Maximum Securing Load (MSL).
Heavily corroded container securing socket and lashing point
SOLAS chapter IX, regulation 3 requires certain companies and ships to comply with the requirements of the International Safety Management Code (ISM). Section 10 of the ISM code states:
“The Company should establish procedures to ensure that the ship is maintained in conformity with the provisions of the relevant rules and regulations...” and
“The Company should identify equipment and technical systems the sudden operational failure of which may result in hazardous situations. The SMS should provide for specific measures aimed at promoting the reliability of such equipment or systems.”
Correct application of securing devices
AMSA has recently found instances of twistlocks designed for vertical layering between containers used as base locks even though they were colour coded (Base locks have a larger seat to eliminate lifting forces).
Use of the wrong securing equipment at the base could result in collapse of the entire stack in heavy weather.
Mixed locks at base of stack
On other occasions, AMSA inspectors have found loose or insufficient lashing arrangements. SOLAS requires cargo to be secured ‘throughout the voyage’ to prevent loss of cargo overboard.
The cargo securing manual specifies the types and correct application of cargo securing devices provided on board the ship. The master is ultimately responsible for verifying securing arrangements and should ensure that officers delegated to carry out this important task are fully aware of the contents of the cargo securing manual.
It should be noted that overtightening can cause damage to lashing points and lashing rods.
Expectations
Australia expects cargo to be carried in full compliance with the vessel’s approved cargo securing manual and in accordance with the requirements of the SOLAS Convention.
Due to the risk to Australia’s marine environment AMSA will continue to direct additional focus on container stowage and securing arrangements during forthcoming port State control (PSC) inspections in Australia.
If, during a PSC inspection, evidence is found that:
the weight distribution or stack weights are not in compliance with the approved cargo securing manual or
crew are unfamiliar with the approved cargo securing manual or
the securing arrangements are not in accordance with the approved cargo securing manual (throughout the voyage) or
the securing arrangements are not maintained or not in accordance with the approved cargo securing manual or
the cargo securing manual does not adequately cover the cargo being carried,
AMSA will take the necessary steps to bring the ship into compliance.
The purpose of this marine notice is to provide general information on Australia’s implementation of Annex V of the International Convention for the Prevention of Pollution from Ships (MARPOL) – Regulations for the prevention of pollution by garbage from ships – and the 2017 Guidelines for the Implementation of MARPOL Annex V (the 2017 Guidelines) to assist shipowners, masters and crews in applying the Annex V discharge requirements.
This notice is issued as general guidance only and should be read in conjunction with the relevant Acts, Marine Orders and Standards1. This document does not constitute legal advice and is not a substitute for independent professional advice.
This notice supersedes 2017/3 and 2017/4
General prohibition
The disposal of all garbage into the sea from ships is prohibited, except in some limited circumstances.
Under MARPOL Annex V, garbage includes all kinds of food wastes, domestic wastes and operational wastes, all plastics, cargo residues, incinerator ashes, cooking oil, fishing gear, and animal carcasses generated during the normal operation of the ship.
Food wastes
While the vessel is en route, food wastes that have been comminuted or ground and capable of passing through a screen with openings no greater than 25 mm, can only be discharged 3nm or more from the nearest land2.
Figure one: Nearest Land – Limitations on Operational Discharges
Food waste not comminuted or ground can only be discharged 12 nautical miles or more from the nearest land. Ships operating alongside or within 500 m of a fixed and floating platform cannot discharge food waste, except under very limited circumstances (see Exceptions below).
Additional requirements are in place for ships operating in MARPOL Special Areas and Polar Regions. Refer to MARPOL for more information, noting that there are currently no Annex V Special Areas designated around the Australian mainland. There is, however, an extended ‘nearest land’ boundary around the Great Barrier Reef area.
In addition, vessels arriving into Australian waters on an international voyage are subject to Australian Biosecurity requirements and additional restrictions will apply, particularly in relation to food and other waste onboard. See the Department of Agriculture, Water and the Environment website for more information.
Cargo residues
Cargo residues may be left over after loading or unloading. Cargo residues classified as Harmful to the Marine Environment (HME), cannot be discharged into the sea, except under very limited circumstances (see Exceptions below). Such waste must be discharged to an onshore waste reception facility.
Cargo residues not classified as HME can be discharged into the sea provided that the ship is en route and the discharge occurs as far as practicable from the nearest land, but not less than 12 nautical miles from the nearest land.
Cargo residues of solid bulk substances are classified as HME according to the criteria of the United Nations Globally Harmonized System for Classification and Labelling of Chemicals (UN GHS) eighth revised addition (2019).
The classification and declaration of solid bulk cargoes (other than grain) as HME or non-HME is mandatory. The shipper must provide the HME declaration to the master before loading a solid bulk cargo in accordance with the International Maritime Solid Bulk Cargoes (IMSBC) Code.
Cleaning agents or additives contained in cargo hold, deck and external surfaces wash water can be discharged into the sea, provided that they are not classified as HME.
For cleaning agents and additives, HME substances are those that are identified as marine pollutants in the International Maritime Dangerous Goods (IMDG) Code or which meet the criteria in the Appendix of MARPOL Annex III (harmful substances). These criteria can be found in the 2017 Guidelines.
Animal carcasses
Animal carcasses may only be discharged into the sea when:
the ship is not in a MARPOL designated special area;
the ship is en route and the discharge is as far as possible from the nearest land;
the carcass has been slit or cut so that its thoracic and abdominal cavities are opened or passed through a comminuter, grinder, hogger, mincer or similar equipment; and
the discharge is undertaken in accordance with section 2.12 of the 2017 Guidelines.
Mixed garbage
When different types of garbage are combined or contaminated by other substances that are prohibited from discharge, the more stringent discharge requirements will apply..
Garbage management
MARPOL Annex V requires that ships manage and record waste generated on board the ship, including discharges.
Garbage Management Plans
Under MARPOL Annex V every ship of 100 gross tonnage and above, and every ship certified to carry 15 or more persons, is required to carry a Garbage Management Plan. The Garbage Management Plan contains procedures for collecting, storing, processing and the discharge of garbage, including the use of equipment onboard.
Garbage Record Books
Under MARPOL Annex V every ship of 400 gross tonnage and above, and every ship certified to carry 15 or more persons engaged in international voyages, is required to maintain and retain onboard a Garbage Record Book.
Fishing vessel operators must record the discharge or loss of fishing gear in the Garbage Record Book or the ship’s official logbook.
The Garbage Record Books are divided into Part I and Part II. Part I is used by all ships, but Part II is only required for ships that carry solid bulk cargoes.
Part I covers discharges of:
A. Plastics B. Food wastes C. Domestic wastes D. Cooking oil E. Incinerator ashes F. Operational wastes G. Animal carcass(es) H. Fishing gear I. E-waste
Part II covers discharges of: J. Cargo residues (non-Harmful to the Marine Environment) K. Cargo residues (Harmful to the Marine Environment).
Placards
All ships of 12 metres or more in length are required to display placards that notify the crew and passengers of the MARPOL garbage discharge requirements for that ship under MARPOL.
The placards should be placed in prominent places onboard the ship where the crew and passengers will see them to inform how they can manage their waste (e.g. galley spaces, bridge, main deck and passenger accommodation).
Garbage Placards can be obtained from any AMSA office or by submitting a request to AMSA through the AMSA website.
Reception facilities
Australia is required under MARPOL to ensure that adequate reception facilities are available in ports and terminals to meet the needs of the ships regularly using them, including the reception of all waste streams generated on board a ship during normal operations.
Further information on arranging for waste reception, reporting inadequacies of facilities, and best practice regarding the provision of waste reception facilities in Australia can be found on AMSA’s Waste reception facilities in Australian ports webpage.
Exceptions
Exceptions to the prohibition of garbage discharge under MARPOL Annex V are:
General garbage
the discharge of garbage from a ship is necessary to secure the safety of a ship and those on board, or saving a life at sea;
the accidental loss of garbage resulting from damage to a ship or its equipment, provided that all reasonable precautions have been taken before and after the occurrence of the damage, to prevent or minimise the accidental loss;
Fishing gear
the accidental loss of fishing gear from a ship provided that all reasonable precautions have been taken to prevent such loss; or
the discharge of fishing gear from a ship for the protection of the marine environment or for the safety of that ship or its crew.
When the loss or discharge of fishing gear, such as nets, long lines, fish traps or any human-made contraptions designed to catch fish, cannot be reasonably retrieved, and poses a significant threat to the marine environment and navigation, the fishing vessel operator is required to report the approximate position and reasons for the loss to the nearest port authority or the Joint Rescue Coordination Centre in Canberra (on 1800 641 792). This allows AMSA to broadcast Maritime Safety Information (MSI) if there is a significant risk to navigation. The loss must still be recorded in the garbage record book, as above.
It is recommended that state/NT and port authorities are consulted on any local regulations that may apply in specific circumstances.
Penalties
There are substantial penalties for MARPOL breaches in the Protection of the Sea (Prevention of Pollution from Ships) Act 1983, including the power to detain vessels. A detention requires the owner to post an undertaking of considerable financial security.
Guidelines for the Implementation of MARPOL Annex V
The 2017 Guidelines for the Implementation of MARPOL Annex V (Resolution MEPC.295(71)), as amended, (2017 Guidelines) were developed to assist shipowners, ship operators, ships’ crews, cargo owners and equipment manufacturers in complying with certain requirements set out in Annex V of MARPOL. This includes the management of cargo residues, cleaning agents or additives, and the treatment of animal carcasses.
The 2017 Guidelines also provide information on all aspects of garbage management, such as waste minimisation, shipboard garbage handling and storage, shipboard treatment of garbage (e.g. grinding or comminution, compaction and incineration).
Further information
The following information can be obtained from the AMSA website:
1In particular In particular the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 and Marine Order 95 (Marine pollution prevention – garbage) 2 Australia’s nearest land boundary extends around the outer edge of the Great Barrier Reef and the Torres Strait. Refer to the AMSA website for more information on Nearest Land under MARPOL.