Western Australian Consolidated Acts Western Australian Consolidated Acts[s. 76]
[Heading amended by No. 19 of 2010
s. 4.]
PROTOCOL OF 1978 RELATING TO THE INTERNATIONAL CONVENTION FOR THE SAFETY OF
LIFE AT SEA, 1974
ARTICLE I
General Obligations
The parties to the present Protocol undertake to give effect to the provisions
of the present Protocol and the Annex hereto which shall constitute an
integral part of the present Protocol. Every reference to the present Protocol
constitutes at the same time a reference to the Annex hereto.
ARTICLE II
Application
1. The provisions of Articles II, III (other than
paragraph (a)), IV, VI(b), (c) and (d), VII and VIII of the International
Convention for the Safety of Life at Sea, 1974 (hereinafter referred to as
“the Convention”) are incorporated in the present Protocol,
provided that references in those Articles to the Convention and to
Contracting Governments shall be taken to mean references to the present
Protocol and to the Parties to the present Protocol, respectively.
2. Any ship to which the present Protocol applies
shall comply with the provisions of the Convention, subject to the
modifications and additions set out in the present Protocol.
3. With respect to the ships of non-parties to the
Convention and the present Protocol, the Parties to the present Protocol shall
apply the requirements of the Convention and the present Protocol as may be
necessary to ensure that no more favourable treatment is given to such ships.
ARTICLE III
Communication of Information
The Parties to the present Protocol undertake to communicate to, and deposit
with, the Secretary-General of the Inter-Governmental Maritime Consultative
Organization (hereinafter referred to as “the Organization”), a
list of nominated surveyors or recognized organizations which are authorized
to act on their behalf in the administration of measures for safety of life at
sea for circulation to the Parties for information of their officers. The
Administration shall therefore notify the Organization of the specific
responsibilities and conditions of the authority delegated to the nominated
surveyors or recognized organizations.
ARTICLE IV
Signature, Ratification, Acceptance, Approval and Accession
1. The present Protocol shall be open for
signature at the Headquarters of the Organization from 1 June 1978
to 1 March 1979 and shall thereafter remain open for accession.
Subject to the provisions of paragraph 3 of this Article, States may become
Parties to the present Protocol by:
(a)
signature without reservation as to ratification, acceptance or approval; or
(b)
signature subject to ratification, acceptance or approval, followed by
ratification, acceptance or approval; or
(c)
accession.
2. Ratification, acceptance, approval or accession
shall be effected by the deposit of an instrument to that effect with the
Secretary-General of the Organization.
3. The present Protocol may be signed without
reservation, ratified, accepted, approved or acceded to only by States which
have signed without reservation, ratified, accepted, approved or acceded to
the Convention.
ARTICLE V
Entry into Force
1. The present Protocol shall enter into force six
months after the date on which not less than fifteen States, the combined
merchant fleets of which constitute not less than fifty per cent of the gross
tonnage of the world’s merchant shipping, have become Parties to it in
accordance with Article IV of the present Protocol, provided however that the
present Protocol shall not enter into force before the Convention has entered
into force.
2. Any instrument of ratification, acceptance,
approval or accession deposited after the date on which the present Protocol
enters into force shall take effect three months after the date of deposit.
3. After the date on which an amendment to the
present Protocol is deemed to have been accepted under Article VIII of the
Convention, any instrument of ratification, acceptance, approval or accession
deposited shall apply to the present Protocol as amended.
ARTICLE VI
Denunciation
1. The present Protocol may be denounced by any
Party at any time after the expiry of five years from the date on which the
present Protocol enters into force for that Party.
2. Denunciation shall be effected by the deposit
of an instrument of denunciation with the Secretary-General of the
Organization.
3. A denunciation shall take effect one year, or
such longer period as may be specified in the instrument of denunciation,
after its receipt by the Secretary-General of the Organization.
4. A denunciation of the Convention by a Party
shall be deemed to be a denunciation of the present Protocol by that Party.
ARTICLE VII
Depositary
1. The present Protocol shall be deposited with
the Secretary-General of the Organization (hereinafter referred to as
“the Depositary”).
2. The Depositary shall:
(a)
Inform all States which have signed the present Protocol or acceded thereto
of:
(i)
each new signature or deposit of an instrument of
ratification, acceptance, approval or accession, together with the date
thereof;
(ii)
the date of entry into force of the present Protocol;
(iii)
the deposit of any instrument of denunciation of the
present Protocol together with the date on which it was received and the date
on which the denunciation takes effect;
(b)
transmit certified true copies of the present Protocol to all States which
have signed the present Protocol or acceded thereto.
3. As soon as the present Protocol enters into
force, a certified true copy thereof shall be transmitted by the Depositary to
the Secretariat of the United Nations for registration and publication in
accordance with Article 102 of the Charter of the United Nations.
ARTICLE VIII
Languages
The present Protocol is established in a single original in the Chinese,
English, French, Russian and Spanish languages, each text being equally
authentic. Official translations in the Arabic, German and Italian languages
shall be prepared and deposited with the signed original.
ANNEX
MODIFICATIONS AND ADDITIONS TO THE INTERNATIONAL CONVENTION FOR THE SAFETY OF
LIFE AT SEA, 1974
CHAPTER I
GENERAL PROVISIONS
PART A — APPLICATION, DEFINITIONS, ETC.
Regulation 2
Definitions
The following paragraph is added to the existing text:
(n)
“Age of a ship” means the elapsed period of time determined from
the year of build as indicated on the ship’s registry papers.
CHAPTER V
SAFETY OF NAVIGATION
Regulation 12
Shipborne Navigational Equipment
The existing text of paragraph ( a) is replaced by the following:
(a) All
ships of 1,600 tons gross tonnage and upwards but less than 10,000 tons gross
tonnage shall be fitted with at least one radar. All ships of 10,000 tons
gross tonnage and upwards shall be fitted with at least two radars, each
capable of operating independently of the other. All radars fitted in
compliance with this Regulation shall be of a type approved by the
Administration and shall conform to operational standards not inferior to
those adopted by the Organization. Facilities for plotting radar readings
shall be provided on the bridge in those ships.
Regulation 19
Use of the Automatic Pilot
The following paragraph is added to the existing text:
(d) The
manual steering shall be tested after prolonged use of the automatic pilot,
and before entering areas where navigation demands special caution.
The following new Regulations are added to this Chapter:
Regulation 19-1
Operation of Steering Gear
In areas where navigation demands special caution, ships shall have more
than one steering gear power unit in operation when such units are capable of
simultaneous operation.
Regulations 19-2
Steering Gear — Testing and Drills
(a) Within 12 hours before departure, the
ship’s steering gear shall be checked and tested by the ship’s
crew. The test procedure shall include, where applicable, the operation of the
following;
(i)
the main steering gear;
(ii)
the auxiliary steering gear;
(iii)
the remote steering gear control systems;
(iv)
he steering positions located on the navigating bridge;
(v)
the emergency power supply;
(vi)
the rudder angle indicators in relation to the actual
position of the rudder;
(vii)
the remote steering gear control system power failure
alarms; and
(viii)
the steering gear power unit failure alarms.
(b) The checks and tests shall include:
(i)
the full movement of the rudder according to the required
capabilities of the steering gear;
(ii)
a visual inspection of the steering gear and its
connecting linkage; and
(iii)
the operation of the means of communication between the
navigating bridge and steering gear compartment.
(c) (i)
Simple operating instructions with a block diagram
showing the change-over procedures for remote steering gear control systems
and steering gear power units shall be permanently displayed on the navigating
bridge and in the steering gear compartment.
(ii)
All officers concerned with the operation and/or
maintenance of steering gear shall be familiar with the operation of the
steering systems fitted on the ship and with the procedures for changing from
one system to another.
(d) In addition to the routine checks and tests
prescribed in paragraphs (a) and (b) of this Regulation, emergency
steering drills shall take place at least once every three months in order to
practise emergency steering procedures. These drills shall include direct
control from within the steering gear compartment, the communications
procedure with the navigating bridge and, where applicable, the operation of
alternative power supplies.
(e) The Administration may waive the requirement
to carry out the checks and tests prescribed in paragraphs (a) and (b) of
this Regulation for ships which regularly ply on voyages of short duration.
Such ships shall carry out these checks and tests at least once every week.
(f) The date upon which the checks and tests
prescribed in paragraphs (a) and (b) of this Regulation are carried out
and the date and details of emergency steering drills carried out under
paragraph (d) of this Regulation, shall be recorded in the log book as
may be prescribed by the Administration.
[Schedule 6 omitted under the Reprints Act 1984 s. 7(4)(g).]