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Marine Order 57 (Helicopter operations) 2010

in effect under the Navigation Act 2012


This is a compilation of Marine Order 57 (Helicopter operations) 2010, prepared on
6 June 2013, taking into account modifications made by Marine Order 4 (Transitional
modifications) 2013.
Subsection 343(2) of the Navigation Act 2012 provides that the Marine Orders may
provide for specified orders that were in force under the Navigation Act 1912
immediately before its repeal to have effect, for the Navigation Act 2012, with the
modifications made for it in the Marine Orders.
Marine Order 4 (Transitional modifications) 2013 provides for this Order to have effect
and makes modifications for it.
This compilation is not a compilation for the Legislative Instruments Act 2003, and so is
not registered on the Federal Register of Legislative Instruments.
Prepared by the Office of Legislative Drafting, Australian Maritime Safety Authority.

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Contents

Page
1A
1
2
4
5

Name of Order ....................................................................................................... 3


Purpose and power ................................................................................................ 3
Definitions .............................................................................................................. 3
Application ............................................................................................................. 4
Arrangements on vessels ...................................................................................... 4

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Marine Order 57 (Helicopter operations) 2010

Section 2

1A

Name of Order
This Order is Marine Order 57 (Helicopter operations) 2010.

Purpose and power

1.1

Purpose
This Marine Order makes provision for and in relation to:
(a) the protection of the health and the security from injury of persons engaged
in the loading or unloading of vessels; and
(b) the safety of persons, including pilots, going on or coming from, or on
board, vessels, in connection with transfer operations by helicopter.
Note Helicopters used in vessel/helicopter transfer operations are subject to the jurisdiction of
the Civil Aviation Safety Authority (CASA) and must comply with relevant CASA regulations.

1.2
1.2.1
1.2.2
1.2.3

1.2.4

1.2.5

1.2.6
1.2.7
2

Power
Subsection 112(1) provides that the regulations may provide for the carriage of
passengers.
Subsection 112(4) of the Navigation Act provides that the regulations may
provide for the carriage on a vessel of cargo and livestock.
Subsection 112(5) of the Navigation Act provides that the regulations may
provide for the loading in vessels and unloading from vessels of cargo and
livestock.
Section 165 of the Navigation Act provides that the regulations may provide for
the operations of licensed pilots and licensed pilotage providers including
matters relating to pilotage safety management systems and the content and
implementation of such systems.
Subsection 339(1) of the Navigation Act provides for regulations prescribing
matters required or permitted to be prescribed, or which are necessary or
convenient to be prescribed for carrying out or giving effect to the Act.
Paragraph 340(1)(a) provides that the regulations may give effect to SOLAS.
Subsection 342(1) of the Navigation Act provides that AMSA may make an
order for any matter for which regulations may provide.
Definitions
In this Order:
ICS Guide means the Guide to Helicopter/Ship Operations, 4th Edition (2008),
published by Marisec Publications, London, on behalf of the International
Chamber of Shipping.
Note 1 Some terms used in this Order are defined in Marine Order 1 (Administration) 2011,
including:
Navigation Act.
Note 2 Other terms used in this Order are defined in the Navigation Act, including:

AMSA

inspector

master

owner

pilot
Marine Order 57 (Helicopter operations) 2010

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Section 4

regulated Australian vessel

seafarer.

Application
This Order applies to the following vessels:
(a) a regulated Australian vessel;
(b) a foreign vessel:
(i) in an Australian port; or
(ii) entering or leaving an Australian port; or
(iii) in the internal waters of Australia; or
(iv) in the territorial sea of Australia, other than in the course of innocent
passage.

Arrangements on vessels

5.1
5.1.1

Requirement for safe arrangements


The master of a vessel may permit the transfer of persons or goods from
helicopter to vessel, or from vessel to helicopter, only if the owner or master has
provided shipboard arrangements, equipment, training and drills that:
(a) apply to the preparations on a vessel and the vessel/helicopter interface
during the transfer operation; and
(b) are necessary and reasonable for emergency evacuation of persons from the
vessel; and
(c) are appropriate and reasonable for the normal operations of the vessel; and
(d) are at least as effective as those mentioned in the ICS Guide for operations
or activities directly related to the vessel.
Note The ICS Guide may also provide useful background for the owner and master when
considering the safety management system for the vessel.

5.1.2

5.1.3
5.1.4
5.2
5.2.1

The master of a vessel must ensure that:


(a) the arrangements, equipment, training and drills have been included in the
safety management system on board the vessel; and
(b) seafarers are given instructions on their responsibilities to give effect to the
vessels safety management system; and
(c) equipment is maintained in working order and readily available for use; and
(d) the training has been carried out.
Penalty: 50 penalty units.
An offence against subsection 5.1.2 is a strict liability offence.
A person is liable to a civil penalty if the person contravenes subsection 5.1.2.
Civil penalty:
50 penalty units.
Helicopter landing and operating area
When the location and size of a helicopter landing or operating area are being
determined, the recommended dimensions and obstacle free zones in the ICS
Guide are to be implemented as far as practical. Any divergence from the
recommendations in the ICS Guide should be clearly documented and
communicated to the helicopter pilot prior to commencing operations. Any

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Marine Order 57 (Helicopter operations) 2010

Section 5

5.2.2

obstacles within the helicopter landing or operating area that do not comply with
the ICS Guide must be clearly marked.
The owner of a vessel on which a helicopter is likely to land must ensure that
there is available on the vessel information relating to ability of any deck surface
to withstand the static and dynamic loads imposed by a helicopter landing on
that surface.
Note The information referred to in this provision would normally be provided by, or based on
criteria provided by, the recognised organisation carrying out the vessels surveys.

5.2.3

5.2.4

5.3

The master of a vessel must, when requested, provide the information referred to
in subsection 5.2.2 to:
(a) the pilot of a helicopter; or
(b) an inspector; or
(c) any other person with an interest in the safe operation of a helicopter on the
vessel.
The master of a vessel must not authorise, or purport to authorise, the pilot of a
helicopter to land on any deck surface not capable of withstanding the static and
dynamic loads imposed by a helicopter landing on that surface.
Communications
The master of a vessel must, when preparing for and conducting
vessel/helicopter operations, communicate to the helicopter operator or
helicopter pilot, as appropriate, any information relevant to the safe conduct of
the operation, including the details of the helicopter landing and operating area.
Note The ICS Guide contains comprehensive advice on information exchange.

5.4
5.4

5.4A
5.4B
5.5

Responsibility of seafarers
A seafarer must carry out the instructions given to the seafarer under
paragraph 5.1.2(b).
Penalty: 50 penalty units.
An offence against subsection 5.4 is a strict liability offence.
A person is liable to a civil penalty if the person contravenes subsection 5.4.
Civil penalty:
50 penalty units.
Medical or other emergency.
When it is necessary, due to medical or other emergency, either to evacuate a
person requiring urgent medical attention or to embark or disembark medical or
other emergency personnel, the master of the vessel and the pilot of the
helicopter may make such alternative arrangements as they consider appropriate
in the circumstances, provided that safety is not thereby compromised.

Marine Order 57 (Helicopter operations) 2010


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Notes

Notes to Marine Order 57 (Helicopter operations) 2010


Note 1
Marine Order 57 (Helicopter operations) 2010 (in effect under subsection 343(2) of the
Navigation Act 1912) as shown in this compilation comprises Marine Order 57
(Helicopter operations) 2010 modified as indicated in the following tables.
Table of Orders
Year and number

Registration
date

FRLI number

Commencement
date

Application, saving
or transitional
provisions

Marine Order 57
(Helicopter operations)
2010 (MO 2010/3)
Marine Order 4
(Transitional
modifications) 2013
(MO 2013/3)

3 June 2010

F2010L01523

1 August 2010

30 May 2013

F2013L00871

1 July 2013

Section 3 and
Schedules 1-42

Table of amendments
ad. = added or inserted

am. = amended

Provision affected

How affected

rep. = repealed

rs. = repealed and substituted mod. = modified

1A .......................................
mod. 2013/3
1 ..........................................
mod. 2013/3
2 ..........................................
mod. 2013/3
3 ..........................................
mod. 2013/3
4 ..........................................
mod. 2013/3
5 ..........................................
mod. 2013/3

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Marine Order 57 (Helicopter operations) 2010