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Offshore service vessel and industrial personnel rules
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46. (1) The Minister may make rules (in this Part referred to as “offshore service vessel and industrial personnel rules”) providing requirements for—
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(a) the design, construction, subdivision, stability, equipment, machinery and machinery installations, electrical installations, radio installations, accommodation, fire safety and protection, life-saving appliances, dangerous goods, energy sources and propulsion systems and equipment, ship navigation and navigation systems and equipment, transfer arrangements, and classes of offshore service vessels,
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(b) the carriage of passengers and industrial personnel on offshore service vessels, including training, medical fitness, health and safety, risk assessments, accident prevention, reporting requirements and on-board familiarisation regarding safety, equipment, communications and transfer arrangements, and
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(c) the number of passengers, industrial personnel, crew and other persons to be carried or accommodated on board offshore service vessels and any aggregate number that may be included on board.
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(2) Offshore service vessels shall comply with such requirements of recognised organisations relating to design, construction and maintenance (including main and auxiliary machinery and electrical and automatic parts) as the Minister may specify in offshore service vessel and industrial personnel rules.
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(3) Offshore service vessel and industrial personnel rules may include such requirements as the Minister considers necessary in order to implement the provisions of Chapter XV of the Safety Convention and the IP Code.
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(4) In making offshore service vessel and industrial personnel rules the Minister may provide for and make different rules in respect of different classes of offshore service vessels, having regard to—
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(a) the size, shape, speed or configuration of the vessel,
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(b) the service for which the vessel is to be employed,
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(c) the nature and duration of voyages to be undertaken,
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(d) the number of industrial personnel, passengers, crew or other persons to be carried on board the vessel,
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(e) the type of cargo carried, including dangerous goods,
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(f) the age and date of construction of the vessel, and
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(g) in the case of a vessel that is not registered in the State and is on a domestic voyage, the equivalent standards applied by the flag state.
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(5) Where offshore service vessel and industrial personnel rules require that the hull or machinery of a ship be constructed in a particular manner, or that particular equipment be provided, or particular provision be made, the Minister may approve the hull or machinery of the ship to be constructed in any other manner or any other equipment to be provided or other provision made, if the Minister is satisfied that such other construction or equipment or other provision is at least as effective as that required by the offshore service vessel and industrial personnel rules.
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(6) Offshore service vessel and industrial personnel rules may include requirements in relation to—
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(a) the survey and inspection of offshore service vessels, including the inspection and testing of any equipment, systems, fittings and arrangements on such vessels,
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(b) the extent, manner and intervals of such surveys and inspections, which may include requirements for—
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(i) an initial survey before a vessel is put into service,
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(ii) an annual survey to ensure the vessel continues to comply with rules under this section,
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(iii) an intermediate survey within 3 months before or after the second or third anniversary of the issue of the industrial personnel safety certificate, which shall take the place of an annual survey which would otherwise be due that year,
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(iv) a renewal survey at least every five years, and
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(v) a periodic survey, either general or partial depending on the circumstances, to ensure continued compliance with the offshore service vessel and industrial personnel rules where—
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(I) a change, replacement or significant repair of the structure, equipment, systems, fittings, arrangements and materials takes place, or
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(II) a complaint is made concerning possible non-compliance with the rules.
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(7) Offshore service vessel and industrial personnel rules may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the rules.
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(8) A person that fails to comply with a provision in the offshore service vessel and industrial personnel rules that is stated in those rules to be a penal provision commits an offence.
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(9) Offshore service vessel and industrial personnel rules may exempt a class or classes of offshore service vessel, whether in whole or in part, from a requirement to comply with any provision of the rules.
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