Regulatory Requirements and Pathways for “Autonomous and Remotely Operated Marine Equipment”
A vessel is likely to fit the “Autonomous and Remotely Operated Marine Equipment” category in the Australian Code of Practice if it is a small, light surface or sub-surface vessel which is not capable of inflicting significant damage or causing significant safety risks*. This includes both surface and subsurface vessels.
*Australian Code of Practice, cl1.2(1)(a) Autonomous and remotely operated marine equipment
Information on this page
This page sets out the regulatory requirements, process and guidance for a domestic commercial vessel which is “Autonomous and Remotely Operated Marine Equipment” under the Australian Code of Practice.
The information provided below is based on the requirements in the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 (National Law) and associated Marine Orders, together with the Australian Code of Practice and corresponding Guidance Materials.
This page sets out the regulatory requirements and process for two stages in the regulatory process:
- Seeking a Temporary Operations Permit (EX07) to enable test and trialling
- Seeking a Specific Exemption (SPEX) to enable ongoing operation
Often operators use a Temporary Operations Permit to enable test and trialling to collect data to support their application for a SPEX. You may undertake one or both of these stages.
Disclaimer
The information below is provided as general regulatory information and provides the author’s interpretation of the clearest regulatory path for your vessel category; it is not regulatory or legal advice, and should not be relied upon as if it were.
Overview of requirements
Find out what the regulatory requirements for domestic commercial vessels are
Testing and trialling
Find out what you need to do to enable test and trialling of your vessel
Ongoing operations
Find out what you need to do to enable ongoing operations of your vessels
Overview of applicable regulatory requirements
To operate a domestic commercial vessel in compliance with the requirements in the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 (National Law), the following is required (subject to any applicable exemption):
- The vessel must have a Unique Vessel Identifier (UVI)
- The vessel must be listed on a Certificate of Operation (CoO)
- The vessel must have a Certificate of Survey (CoS)
- The Master and Crew must have the required Certificates of Competency
- General Safety Duties must be complied with
Operators will need to consider the best regulatory approach for their own circumstances, noting that a Specific Exemption from the minimum crewing requirements in Marine Order 503 will always be required for vessels with no physical crew on board*. Operators may apply for a Specific Exemption from the requirement to have one or both of a Certificate of Operation and Certificate of Survey, or from the requirement to comply with certain technical standards or regulatory requirements associated with one or both of those Certificates. Specific Exemptions will have conditions imposed to ensure a minimum level of safe operation is maintained.
The below information is based on an operator who wishes to apply for a Specific Exemption from the requirement to hold both a Certificate of Operation and Certificate of Survey.
The below information incorporates the voluntary Australian Code of Practice, which operators may choose to demonstrate compliance with to aid their application to AMSA.
*Until AMSA changes its policy position or there is regulatory change.
Seeking a Temporary Operations Permit (EX07) enabling test and trialling
Overview
It is common for operators of autonomous and remotely operated vessels to start the regulatory process by applying for a Temporary Operations Permit under the Marine Safety (Temporary operations) Exemption 2020 (Exemption 07). This Permit enables operations for up to 90 days without any certification or other exemption. Note that conditions can be placed on a Temporary Operations Permit, and you will need to comply with these.
Operators may use a Temporary Operations Permit to conduct test and trialling, at ReefWorks in Queensland or in other safe areas, including to collect data to support their application for a Specific Exemption to enable ongoing operations.
Requirements
You will need to supply evidence with your application for a Temporary Operations Permit under Exemption 07 such as the Safety Management System (SMS) for your vessel, and a declaration that your vessel is fit for purpose. Information on how to prepare a Safety Management System for your vessel is available at the bottom of this page, or in the Guidance Materials for the Australian Code of Practice, available here.
If you wish to comply with the voluntary Australian Code of Practice under the category “Autonomous and Remotely Operated Marine Equipment” you are required to:
- Prepare and implement a Safety Management System
- Prepare an appropriate crewing assessment in accordance with Marine Order 504
- Ensure that the vessel complies with applicable light requirements of COLREGs whilst the vessel is on the surface or ensure operation avoids areas of heavy vessel traffic
- Have an appropriate support vessel on standby in applicable situations.
Information on how to comply with these requirements is available in the Guidance Materials for the Australian Code of Practice, and at the bottom of this page. If you comply with the Australian Code of Practice you should communicate that to AMSA so they are aware you are following the best practice standard.
It is a good idea to contact AMSA early to confirm what evidence you will need to supply with the application. You can call AMSAConnect on 1800 627 484 or email them at AMSAConnect@amsa.gov.au. Make sure you say you have a small subsurface autonomous vessel and you wish to apply for a Temporary Operations Permit under Exemption 07 and need to check what evidence to supply. You can also say that under the Australian Code of Practice you are “Autonomous and Remotely Operated Marine Equipment”. This will help AMSAConnect direct your enquiry to the right team within AMSA.
Process
Steps to apply for a Temporary Operations Permit:
- Review the applicable regulatory requirements and process
- Contact AMSA to check what evidence you will need to supply with the application
- Compile the required evidence and documentation
- Complete the online application on the AMSA website available here, attaching your vessel’s Safety Management System and any other requested evidence. Note that a fee of $301 will apply
Sometimes, operators, have their Temporary Operations Permit approved right away, but often AMSA will contact you to ask a few questions or to request further evidence. Once your Temporary Operations Permit is approved you can begin your test and trials or other temporary operations, making sure to comply with any conditions that apply.
Seeking a Specific Exemption (SPEX) to enable ongoing operations
Overview
Once operators have conducted initial test and trialling, and in doing so have demonstrated they can operate safely and are ready to apply for certification or an exemption enabling ongoing operations, they can then apply to AMSA. As outlined earlier in this page, Operators may apply for a Specific Exemption from the requirement to have one or both of a Certificate of Operation and Certificate of Survey, or from the requirement to comply with certain technical standards or regulatory requirements associated with one or both of those Certificates. Specific Exemptions will have conditions imposed to ensure a minimum level of safe operation is maintained.
The below information is based on an operator who wishes to apply for a Specific Exemption from the requirement to hold both a Certificate of Operation and Certificate of Survey.
If you aren’t sure which option is best for you and your proposed operations it is a good idea to contact AMSA to discuss it. You can call AMSAConnect on 1800 627 484 or email them at AMSAConnect@amsa.gov.au. Make sure you say you have been operating under an Exemption 07 for a small subsurface autonomous vessel, and you now wish to apply for certification or a Specific Exemption, and need help working out the best approach. You can also say that under the Australian Code of Practice you are “Autonomous and Remotely Operated Marine Equipment”. This will help AMSAConnect direct your enquiry to the right team within AMSA.
Requirements
AMSA may only grant a Specific Exemption if it is satisfied that doing so will not jeopardise the safety of a vessel or a person on a vessel.
When you apply to AMSA for a Specific Exemption from the requirement to hold a Certificate of Operation and Certificate of Survey you will need to:
- Explain:
- why you need it (for example, it could be that your vessel does not fit the existing regulatory structure)
- how you will ensure safe operations (for example by complying with the Australian Code of Practice)
- what conditions you think should be imposed to provide more certainty regarding the safety of your operations
- Provide evidence such as:
- the Safety Management System (SMS) for your vessel
- your test and trial data
- confirmation of your compliance with the Australian Code of Practice.
Information on how to prepare a Safety Management System for your vessel is available in the Guidance Materials for the Australian Code of Practice, available here.
You should contact AMSA early to discuss your vessel and proposed operation, and the type of evidence and conditions that are suitable. You can call AMSAConnect on 1800 627 484 or email them at AMSAConnect@amsa.gov.au.
If you wish to comply with the voluntary Australian Code of Practice under the category “Autonomous and Remotely Operated Marine Equipment” you are required to
- Prepare and implement a Safety Management System
- Prepare an appropriate crewing assessment in accordance with Marine Order 504
- Ensure that the vessel complies with applicable light requirements of COLREGs whilst the vessel is on the surface or ensure operation avoids areas of heavy vessel traffic
- Have an appropriate support vessel on standby in applicable situations.
Information on how to comply with these requirements is available in the Guidance Materials for the Australian Code of Practice, and at the bottom of this page. If you comply with the Australian Code of Practice you should communicate that to AMSA so they are aware you are following the best practice standard.
Process
Steps to apply for a Specific Exemption:
- Review the applicable regulatory requirements and process
- Ensure you know which option is best for you, and what evidence you need to supply. If you are unsure, you should contact AMSA to check. You can call AMSAConnect on 1800 627 484 or email them at AMSAConnect@amsa.gov.au.
- Compile the required evidence and documentation
- Complete the online application for a Specific Exemption on the AMSA website available here, attaching your vessel’s Safety Management System and any other requested evidence. Note that a fee of $248 per hour may apply.
Sometimes operators have their applications approved right away, but often AMSA will contact you to ask a few questions or to request further evidence. Once your applications have been approved you can begin operating, making sure to comply with any conditions that apply, including related to crewing.
For more help:
If you need help working out the applicable requirements and process, you can contact:
- AMSAConnect on 1800 627 484 or email them at AMSAConnect@amsa.gov.au
- An expert third party such as an accredited marine surveyor or a class society
Guidance on complying with the requirements in the Australian Code of Practice
How do I prepare a Safety Management System (SMS)?
An SMS for a domestic commercial vessel will generally have the following sections:
- Vessel details, contact person, responsibilities, and appropriate crewing
- Procedures for onboard operations, emergency preparedness, hazardous occurrences and non-conformances and supporting documentation
- Risk assessment
The Code requires inclusion of the following additional considerations:
- The need for a support vessel
- Means to alert other water users about the presence of your vessel
- Vessel data recording
Helpful information for developing an SMS
- An example SMS can be found within Appendix 7 of these Guidance Materials
- Chapters 2 and 14 of the Code contain guidance information to follow when preparing your SMS
- AMSA have also developed a guideline for developing an SMS that can be found here
Preparing a Risk Assessment
A good place to start when preparing an SMS is to carry out the risk assessment. The risk assessment provides a foundation for your SMS as it identifies key daily tasks, emergency situations and risks to your vessel which need to be controlled and managed. The risks must consider your specific vessel, its operational environment, and people, other vessels, and equipment on or near your vessel.
Preparing your risk assessment:
- Start by outlining all the activities that your vessel is required to carry out.
- Identify all the hazards associated with those activities.
- For each hazard – Assess the risk using an appropriate risk matrix based the hazards likelihood and consequence.
- If possible, eliminate the hazard completely or put in place some mitigations to manage and lower the risk.
- Assess how well your mitigations are working.
- Re-evaluate:
- If your mitigations are not working, adjust them. Continual improvement is key.
- If you start carrying out new activities, update your risk assessment.
Helpful information for developing a Risk Assessment
- An example Risk Assessment can be found within Appendix 2 of these Guidance Materials
- For more information refer to AMSA 651 – Risk Management in the National System.
Preparing an appropriate crewing assessment in accordance with Marine Order 504
The information provided below is a summary of the information available on the AMSA website.
There are two key concepts related to crewing for domestic commercial vessels – ‘minimum crewing’ and ‘appropriate crewing’.
Minimum crewing refers to the minimum number of certified and uncertified crew required, including the master, applicable to a vessel based on length. There is a table in Marine Order 504 that sets out minimum crewing.
Appropriate crewing refers to the number of certified or uncertified people that are needed to safely operate a vessel. It may change depending on the kinds of operation being carried out and the tasks involved. It must be determined by the vessel owner as part of the general safety duties, and needs to be documented in the vessel’s safety management system. ‘Appropriate crewing’ is determined by conducting an ‘appropriate crewing assessment’, also called an ‘appropriate crewing evaluation’.
Appropriate crewing must be equal to or higher than minimum crewing. Appropriate crewing may be the same as minimum crewing if the risk assessment carried out by the owner determines that minimum crewing is adequate to eliminate or minimise all risks.
Method for determining appropriate crewing
The method for determining appropriate crewing is an ‘appropriate crewing assessment’, also referred to as a ‘crewing evaluation’. This assessment considers the kind of operations being performed, the operational environment, and the people on or near the vessel. Marine Order 504, Schedule 1, clause 6(6) provides a list of facts to be considered, including:
- What tasks will the vessel undertake and what will the crew be required to do?
- How many persons will the vessel carry and how will they be monitored?
- What equipment or aids to navigation are fitted on the vessel? What training do the crew require to be able to use such equipment or aids?
- Where will the vessel operate? What are the expected traffic, weather, sea, and visibility conditions? How will conditions affect the performance or duties of the crew?
When will the vessel operate? How long will the vessel operate for? What arrangements are there for the crew to rest? - How will fatigue affect the crew? How will fatigue be managed?
- How will the vessel’s crew deal with an emergency? What training will be required?
- What maintenance tasks need to be carried out by the crew? Are the crew trained to carry out maintenance safely?
- How does the vessel’s operations affect the environment? Are people onboard or near the vessel impacted by the vessel’s operations?
- What are the qualifications and experience levels of the crew? Are their qualifications and experience sufficient to carry out the required duties?
- What support is available to the vessel if required? Are all crew aware of communications methods? Do they know how to seek help?
There is an appropriate crewing evaluation template available on the AMSA website, and replicated here as Appendix 3. Guidance on crewing for domestic commercial vessels, including ‘appropriate crewing’ requirements, and a number of examples, is available on the AMSA website.
Helpful information on preparing an appropriate crewing assessment:
- Use online template for an Appropriate Crewing Evaluation.
- If you have any questions contact AMSAConnect (amsaconnect@amsa.gov.au)
Ensuring the vessel complies with applicable light requirements of COLREGs whilst the vessel is on the surface or ensure operation avoids areas of heavy vessel traffic
The Collision Regulations or COLREGs refers to the Convention on the International Regulations for Preventing Collisions at Sea. In Australia, the COLREGs are implemented through Commonwealth, state, and territory laws. COLREGs apply to all vessels, regardless of their size or nature of operation, in all navigable waters, from inland waters to the high seas.
Contravention of COLREGs may jeopardise the safety of life and endanger the environment. Under the Navigation Act 2012, it is an offence for an owner or master to operate a vessel to contravene the COLREGs (implemented by Marine Order 30 (Prevention of collisions) 2016).
Operators must understand the COLREGs or collision avoidance requirements that apply to their vessel and the specific operations being undertaken. Autonomous and remotely operated marine equipment by virtue of the size and speed limitations inherent in that category, may be subject to a reduced number of COLREGs rules, and avoiding specific situations which give rise to many of the remaining COLREGs rules will further limit the number of rules to be complied with.
Operators should refer to the COLREGs Operator Guidance Framework annexed to the Australian Code of Practice to identify the specific rules that will apply based on their intended operations.
Helpful information on complying with COLREGs:
- Access the COLREGs Operator Guidance Framework annexed to the Code for guidance on the specific requirements that apply to your vessel and proposed operation
- Helpful general information about COLREGs can be found on the AMSA website
What competencies do I need to operate a vessel which is “autonomous and remotely operated marine equipment”?
Guidance can be identified within Chapter 2 of the Code with regards to operator competencies.
As a minimum, the operator should have:
- A recreational boating licence or a certificate of competency from AMSA; and
- Vessel specific training.
It may also be necessary for the operator of “autonomous and remotely operated marine equipment” to have specific autonomous vessel training, and for the operator or a member of the crew to have the appropriate training and qualifications to operate the radio or other communication equipment fitted on the vessel or in the control station.
