A vessel is likely to fit the “Survey-exempt vessels” category in the Australian Code of Practice if it is a vessel <12m in lower risk operations. In line with the general requirements for domestic commercial vessels, a lighter touch regime applies to these lower risk vessels*.

*Australian Code of Practice, cl1.2(1)(b) Survey-exempt vessels

Information on this page

This page sets out the regulatory requirements, process and guidance for a domestic commercial vessel which is “Survey-exempt vessels” 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:

1. Seeking a Temporary Operations Permit (EX07) to enable test and trialling
2. 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 regulatory requirements

Find out what the regulatory requirements for domestic commercial vessels are

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Testing and trialling

Find out what you need to do to enable test and trialling of your vessel

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Ongoing operations

Find out what you need to do to enable ongoing operations of your vessels

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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.

Some operators may seek to comply with the requirements in the Australian Code of Practice and provide evidence of that compliance when applying for a Temporary Operations Permit, while others may wish to build up their documentation during or after their testing and trials. Operators should discuss this with AMSA.

If you wish to comply with the voluntary Australian Code of Practice under the category “Survey-exempt vessels” you are required to:

• Prepare a Concept of Operations
• Prepare a System Design Risk Assessment
• 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 COLREGs You may wish to complete the Design Record Template to assist with this step.
• Comply with the Chapters of the Code identified below

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.

The applicable requirements for Survey-exempt vessels in the Australian Code of Practice are set out in Chapter 3.2, Table 3 of the Code. These are:

• Chapter 3 – Survey Exempt Vessels provides definitions and what requirements your vessel will need to comply with, including where the vessel needs to comply with other chapters within the code. Chapter 3 also includes technical requirements for the design and construction of the vessel, including its construction, flotation, stability, machinery, electrical systems, anchor/station keeping system and so on.
• Chapter 5 – Navigation System and Situational Awareness covers systems used to acquire information and achieve COLREGS compliance.
• Chapter 6 – Control System provides analysis of the information acquired, decision making and execution.
• Chapter 7 – Communication Systems covers requirements for physical communication and transmitted communication to nearby stakeholders and control stations.
• Chapter 11 – Contingency Planning and Vessel Recovery covers contingency plans in the event of vessel malfunction, loss in communication and vessel retrieval.
• Chapter 12 – Risk Assessment, Verification, Testing and Certification for Novel Systems covers risk-based assessment, failure analysis and testing of novel systems.
• Chapter 13 – Surveys and Review of Risk Assessment covers verification of risk assessments.
• Chapter 14 – Operations covers SMS requirements, minimum crewing, and crew competencies as well as qualification requirements.
• ANNEX A – Application of COLREGs Requirements and Evidence of Compliance.
• ANNEX B – Documentation Requirements.

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 <12m surface or 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 a “Survey-exempt vessel”. 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 (accurate at August 22) 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 <12m surface or 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 a “Survey-exempt vessel”. 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 “Survey-exempt vessels” you are required to

• Prepare a Concept of Operations
• Prepare a System Design Risk Assessment
• 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 COLREGs You may wish to complete the Design Record Template to assist with this step.
• Comply with the Chapters of the Code identified below

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.

The applicable requirements for Survey-exempt vessels in the Australian Code of Practice are set out in Chapter 3.2, Table 3 of the Code. These are:

• Chapter 3 – Survey Exempt Vessels provides definitions and what requirements your vessel will need to comply with, including where the vessel needs to comply with other chapters within the code. Chapter 3 also includes technical requirements for the design and construction of the vessel, including its construction, flotation, stability, machinery, electrical systems, anchor/station keeping system and so on.
• Chapter 5 – Navigation System and Situational Awareness covers systems used to acquire information and achieve COLREGS compliance.
• Chapter 6 – Control System provides analysis of the information acquired, decision making and execution.
• Chapter 7 – Communication Systems covers requirements for physical communication and transmitted communication to nearby stakeholders and control stations.
• Chapter 11 – Contingency Planning and Vessel Recovery covers contingency plans in the event of vessel malfunction, loss in communication and vessel retrieval.
• Chapter 12 – Risk Assessment, Verification, Testing and Certification for Novel Systems covers risk-based assessment, failure analysis and testing of novel systems.
• Chapter 13 – Surveys and Review of Risk Assessment covers verification of risk assessments.
• Chapter 14 – Operations covers SMS requirements, minimum crewing, and crew competencies as well as qualification requirements.
• ANNEX A – Application of COLREGs Requirements and Evidence of Compliance.
• ANNEX B – Documentation Requirements.

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 <12m surface or 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 a “Survey-exempt vessel”. This will help AMSAConnect direct your enquiry to the right team within AMSA.

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 (accurate at August 22) 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