AMG Workshop

1
Welcome

• AMG Workshop
• National Maritime Regulation
• August 25 2008
• Brisbane

2
Overview

• Current system and its limitations
• ATC Decision 2 May 2008
• ATC Decision 25 July 2008
• Issues
• Next steps

3
Current system

• Jurisdiction for vessel regulation currently
  split between the Commonwealth and states
• Generally on a voyage basis
• Varying technical standards, administrative
  processes, and implementation of USL Code / NSCV
  / MARPOL
• Governments recognised the need for consistency
  eleven years ago, signing a maritime safety IGA
  in 1997
• Objectives agreed have not been achieved due to
  divergent legislative and administrative
  frameworks

4
ATC Decision 2 May 2008

• ATC Ministers endorsed a single national approach
  to maritime legislation
• Maritime reforms part of broader COAG process
• Broadening of Navigation Act identified as
  preferred option
• Feedback from 17 June 2008 stakeholder workshop
• Significant sympathy for national approach, but
  the devil is in the detail

5
ATC Decision 25 July 2008

• ATC Ministers supported, subject to the outcome
  of a RIS, a single national approach to maritime
  safety regulation
• Covering all commercial vessels
• Based on the expanded Commonwealth Navigation Act
  1912
• Administered by AMSA
• Delivery of services by AMSA or states under
  contractual/ agency arrangements with AMSA
• Objective of national approach effective,
  consistent and efficient maritime safety
  regulation by establishing and maintaining
  national uniformity in commercial vessel
  standards and regulations, including the
  application of those standards and regulations
• ATC Ministers also agreed to the preparation of
  an IGA to underpin the national system

6
ATC Decision 25 July 2008 cont.

• An expanded Navigation Act would
• Cover vessel design, construction and equipment
  vessel operation (eg safety management system)
  crew certification and manning administration of
  registration or survey crew competency
  licenses/certificates
• Apply to commercial vessels, not the waterways on
  which they operate
• State governments would retain functions,
  including
• State environmental protection (outside MARPOL)
• Navigation in port areas
• Congestion issues
• Fishing operating licenses and other commercial
  operating licenses

7
Issues

• Delivery model
• What is the scope of commercial vessels?
• What is the best way of delivering services under
  a national system?
• Should a risk based approach be adopted for
  compliance monitoring?
• Where are the opportunities for efficiency gains?
  
• Funding and options for cost recovery
• Need for a comprehensive national database
• Legal dealing with the gap in Commonwealth
  powers
• Marine environmental issues - MARPOL

8
Next Steps

• Work on a draft RIS has started
• Consultations with stakeholders will be conducted
  in September and early October 2008 (dates being
  finalised)
• ATC will consider the draft RIS and draft IGA at
  its November 2008 meeting
• COAG will consider the ATCs initial
  recommendations in October 2008, and draft IGA in
  early 2009
• The ATCs final decision is expected in May 2009

9
Questions for workgroups

• What are the key issues you can see for the
  introduction of a national system?
• Are there any particular features you would like
  to see, or not like to see, as part of a national
  system of maritime safety regulation?

10

• Thank you
• Michael Sutton
• General Manager, Maritime Branch
• [phone]
• michael.sutton_at_infrastructure.gov.au