Chapter 2 - Marine Aids

  1. Marine Aids

Convention on the International Organization for Marine Aids to Navigation

2.1The Convention on the International Organization for Marine Aids to Navigation was referred to the Committee on 13 August 2024.

2.2The Committee received three submissions. The Committee held a public hearing in Canberra on 9 September 2024. A list of responses to questions on notice can be found at Appendix A. The hearing and witnesses are listed at Appendix B. The transcript of evidence from the public hearing can be accessed through the Committee’s website.

Overview

2.3The proposed treaty action is Australia’s accession to a multilateral treaty, the Convention on the International Organization for Marine Aids to Navigation (the Convention). The Convention entered into force on 22 August 2024 and as a member of the NGO’s Council, Australia has been invited to become part of the IGO’s first Council.[1][2]

2.4The Convention establishes an intergovernmental organisation (IGO), the International Organization for Marine Aids to Navigation, which will replace a non-governmental organisation (NGO), the International Association of Marine Aids to Navigation and Lighthouse Authorities (IALA).[3] This move is ‘intended to increase transparency and enhance governance of the organisation, and increase the weight, relevance and international acceptance of standards developed’.[4] It is also expected to open new membership and funding opportunities for countries and agencies who are restricted from joining NGOs.[5]

Background

2.5The IALA was established in France in 1957 as a joint venture between professionals from authority bodies, scientific and training institutions, and the commercial industry.[6] The organisation aimed to harmonise the use of marine navigation aids (marine aids) worldwide to increase the safety and efficiency of maritime voyages.[7] Since then, the IALA has created best practice standards, recommendations, guidelines and training materials for the use of marine aids to help prevent marine accidents.[8]

2.6A key feature of the organisation’s work has been to promote the harmonisation of marine navigation aids internationally, so that mariners can expect the same set of rules and systems internationally.[9] Although it was a peak body with nation members from all over the globe, the standards set by the IALA were ‘weakened by lack of sponsorship at the intergovernmental level’,[10] as ‘some national governments and benevolent funds are restricted from working with NGOs’.[11] Transitioning to an IGO gives the organisation internationally recognised legal status which will allow for increased membership and funding.[12]

Justifications

2.7Australia has 60,000km of coastline and an often unique marine environment.[13] Its coastal waters are host to a network of approximately 11,250 charted aids to navigation (AtoN).[14] This AtoN network is managed by Commonwealth, State, and Territory agencies who apply international standards that are set by the IALA.[15] Australia’s marine transport sector, which includes over 6,000 cargo ships making over 30,000 port calls per year,[16] is reliant on these systems for safe navigation to and through Australian waters.[17]

2.8IALA is the international peak body in relation to AtoN and while Australia relies on the IALA’s non-mandatory standards, guidance, and technical assistance to administer its AtoN network, these documents have been ‘weakened by lack of sponsorship at the intergovernmental level’.[18] By establishing a permanent IGO to develop and implement standards, the Convention will ‘result in improved harmonisation and safe navigation internationally’.[19]

2.9Australia is a long-standing and respected member of IALA, having served on its council and various technical committees.[20] Some of the projects which Australia has contributed to under the NGO include:

  • capacity building in the Asia Pacific region;
  • technical development in fields such as e-navigation;
  • representing Australia’s interests at seminars, conferences and workshops; and
  • governance of the NGO.[21]
    1. Through the IALA, Australia has contributed to the marine safety of developing nations in the Indo-Pacific region by helping with training courses and the implementation of marine aid systems in their waters.[22]
    2. By continuing to bring technical expertise and experience to the IGO, Australia can continue to ensure that marine aid standards remain fit-for-purpose for the local context.[23] As stated by the Department of Infrastructure, Transport, Regional Development, Communications and the Arts (DITRDCA) at the public hearing:

[given] the very significant coastline and waters that Australia manages and the very high standards that we already have, it is in Australia’s best interests to remain in a leading role within this organisation.[24]

2.12Australia’s continued participation in the new IGO allows Australia’s representatives influence the organisation’s work at a high level.[25] If Australia ratifies the Convention, Australia can become a Member State of the IGO, enabling Australia to join the General Assembly, the principal decision-making body,[26] and to ‘influence the IGO’s work and strategic priorities to align its objectives with Australia’s national interests.’[27] Participation would also ensure Australia’s AtoN network remains abreast of technological developments in the field.[28]

2.13The first General Assembly of the IGO will likely be established in February 2025,[29] following an interim period of no more than six months after the Convention entered into force on 22 August 2024.[30] During that period, members of the previous NGO Council are invited to form part of a transitional council.[31] At the public hearing, DITRDCA stated that Australia should accede to the Convention by mid-November in order to nominate for membership of the transitional council before the deadline in December.[32]

Obligations

2.14The aims and objectives of the IGO are stated in Article 3, including fostering the safe and efficient movement of vessels by uniting parties concerned with the regulation, provision, maintenance and operation of AtoN, promoting technical cooperation and capacity building, encouraging the adoption of the highest practicable standards, and providing for the exchange of information.[33]

2.15Article 4 states that the functions of the IGO are to:

  • develop and communicate non-mandatory standards, recommendations guidelines, and other appropriate documents;
  • consider and make recommendations on these documents submitted to the IGO by Member States, Associate Members, Affiliate Members (the membership), the United Nations and other international organisations;
  • provide mechanisms for consultation and exchange information on recent developments and the activities of the membership;
  • develop international cooperation by promoting close working relationships and assistance among the membership;
  • facilitate technical, organisational and training assistance to governments, services and other organisations requesting help with AtoN;
  • organise conferences, seminars, workshops and other events; and
  • liaise and cooperate with organisations to offer specialised advice.[34]
    1. Three membership categories of the IGO are defined in Article 2. They are:
  • Member State – for States which have agreed to and are bound by the Convention. Member States can join the General Assembly, apply for Associate Membership on behalf of territories, and review applications for Affiliate Members.
  • Associate Member – for territories under the responsibility of a Member State, or previous members of the NGO who have not ratified the Convention.
  • Affiliate Member – for stakeholders such as manufacturers or scientific agencies.[35]
    1. The IGO Council may require applications for Affiliate Membership to be reviewed by the Member State where the applicant carries out its activities or has its principal place of business or office, as stipulated by Article 5(3).[36] Member States can also request these reviews, with Australia to have the power to request or be required to review if it were to become a Member State.[37]
    2. Article 6(1) states that the IGO will be made up of ‘a General Assembly, a Council, committees and subsidiary bodies necessary to support the IGO’s activities, and a Secretariat’.[38] Article 6(2) provides that the IGO will have a President who will chair the General Assembly and the Council, as well as a Vice President.[39]
    3. The General Assembly is the principal decision-making body of the IGO and consists only of Member States.[40] Article 7(4) states that regular sessions of the General Assembly be held once every three years.[41] Article 7(7) provides the roles and responsibilities of the General Assembly, including electing the President, Vice-President and Secretary-General, deciding the IGO’s policy and strategic vision, considering reports and proposals put forth by any Member State, Council or the Secretary-General, and making recommendations to Member States.[42] The same Article requires Member States to engage with the work of the General Assembly, such as establishing IGO regulations, setting the budget, establishing Committees and subsidiary bodies, approving standards and deciding on membership.[43]
    4. The Council is the executive arm of the IGO and is responsible for directing its activities.[44] Article 8(1) and 8(2) stipulate that the Council consists of the President, Vice-President and 23 other Member States and Article 8(6) states that the Council will meet at least once a year.[45] Article 8(8) outlines the Council’s role, such as coordinating the activities of the IGO, reporting to the General Assembly, and appointment of Committee chairs.[46] The General Assembly can also delegate responsibilities to the Council.[47]
    5. Committees and subsidiary bodies are governed by Article 9, requiring that they ‘prepare and review standards, recommendations, guidelines, manuals and other relevant documents, monitor developments in the area of AtoN, facilitate sharing of expertise and experience among the membership, and conduct other tasks as decided by the Council’.[48]
    6. Article 10(1) states that the IGO Secretariat will be comprised of the Secretary-General and the necessary number of staff to complete the work of the IGO.[49] Article 10(2) states that the Secretary-General will be elected for a three-year term and may be re-elected for up to two consecutive terms.[50] Articles 10(3) and 10(4) stipulate that they are responsible for the day-to-day management of the IGO (as per guidance from the General Assembly or Council) and for concluding agreements with States and international organisations.[51]
    7. Article 10(6) provides that the Secretariat maintain records, administer the IGO’s finances (under direction of the Council), prepare financial statements, inform the membership of IGO activities, organise and support meetings of the General Assembly, Council, committees and subsidiary bodies, conferences and similar events, and perform other any functions assigned by the Convention, the General Regulations, the General Assembly or the Council.[52] Neither the Secretary-General nor the Secretariat are to seek or receive instructions from any government or other source external to the IGO, as stipulated by Article 10(7).[53]

Consultation

2.24As the move from an NGO to an IGO is largely a matter of governance, the ratification of the Convention will not directly affect many stakeholders and only targeted consultation was undertaken for this treaty.[54] As it is not expected that the Australian public or NGOs will be affected by the change, they were not directly engaged.[55]

2.25Consultation was made with various Commonwealth and State and Territory government departments and agencies, and with a small number of industry groups and companies who had Associate and Industrial membership with the IALA.[56] No issues were raised during this consultation.[57]

Entry into force and implementation

2.26Article 20 states that the Convention enters into force ‘on the ninetieth day after the date of deposit of the thirtieth instrument of ratification, acceptance, approval, or accession’.[58] The thirtieth such instrument was deposited on 24 May 2024, resulting in the Convention entering into force on 22 August 2024.[59]

2.27Australia is currently an elected member of the NGO’s Council.[60] Members of the NGO’s Council are invited to become part of the first Council of the IGO which will serve until the first General Assembly of the IGO is convened within six months of the Convention’s entry into force.[61] The NIA states that ‘acceding to the Convention in time to seek election to the IGO Council before the first session of the General Assembly (scheduled for 18 February 2025) would allow Australia to continue to contribute to key decisions in the initial stages of the IGO’.[62]

2.28Article 14(2) states:

In the territory of each of its Member States, the Organization shall enjoy, to the extent provided for in an agreement with the Member State concerned, such privileges and immunities as may be necessary for the exercise of its functions and the fulfilment of its aim and objectives. [63]

2.29If Australia does decide to extend privileges and immunities to the IGO, regulations would be required as per the International Organisations (Privileges and Immunities) Act 1963.[64] Otherwise, no changes to legislation, regulatory change, or impact on domestic stakeholders are anticipated. On a practical level, the Australian Maritime Safety Authority (AMSA) is expected to continue to represent Australia at the IGO.[65]

Costs

2.30Article 13 provides that Member States shall pay an annual contribution to the IGO with the amount to be approved by the General Assembly and to be the same for all Member States.[66] Australia has been paying approximately $30,000 in yearly fees to the IALA, with this amount not expected to change substantially as the work of the IGO will remain fundamentally the same.[67][68] As a member of the transitional Council, Australia will be involved in setting the IGO’s budget for three-year transitory period.[69]

Withdrawal

2.31Article 21 permits any Member State to withdraw from the Convention with twelve months’ notice.[70] Under Article 22, the General Assembly can hold a vote to terminate the Convention six months after notice is given, with the termination occurring twelve months after the date of the vote.[71]

Future treaty action

2.32Article 15 permits Member States to propose an amendment to the Secretary-General, with amendments to then be circulated to all Member States at least six months before they are voted upon by the General Assembly.[72] Amendments are to enter into force for all Member States six months after notification of acceptance by two-thirds of Member States.[73]

2.33If a Member State provides notification, prior to the amendment entering into force, that the amendment will only enter into force for that Member State after a subsequent notification of its acceptance, then this will apply.[74] However, Article 15(6) provides that the General Assembly may decide by consensus that an amendment can come into force six months after acceptance by two-thirds of Member States.[75] If a Member State gives notification of withdrawal as a result of the amendment within this six-month period, their withdrawal takes effect when the amendment comes into force.[76]

Issues

Harmonisation and transparency of standards

2.34In their submission to the inquiry, Shipping Australia expressed their support for the Convention but highlighted that any future regulations or standards resulting from Australia being a member should be subject to industry consultation.[77] The submission further stated that any regulations or standards that Australia acceded to should be applied consistently across all legal jurisdictions in Australia and freely accessible in a consolidated database.[78]

2.35DITRDCA did not share concerns on the harmonisation of legislation, stating that the majority of IALA standards were already being followed consistently across Australia’s legal jurisdictions.[79] AMSA stated that they organised regular meetings with all states and territories where AtoN standards were discussed.[80]

2.36Unlike in the aviation industry, where international standards for navigation are mandatory, the IALA standards are currently voluntary and will remain so under the IGO.[81] The IGO will be unable to move to a mandatory system without further treaty action.[82] DITRDCA expressed hope that the increased membership would increase the harmonisation of marine aids across countries.[83] Should Australia decide to, it could advocate for mandatory standards as a part of the General Assembly.[84]

Maritime buoyage systems and seabed cartography

2.37The Committee inquired into whether IALA planned to transition from the current bi-regional system of buoyage to a singular global system. AMSA stated that IALA was currently focused on improving technologies that would assist with navigation between the buoyage systems but was not currently planning to shift to a singular system.[85] AMSA again highlighted the point that once IALA became an IGO, Member States could then vote to place this issue on the agenda and work towards creating a singular global system.[86]

2.38The Committee inquired into the responsibility for regulating these buoyage systems as well as for the cartography of the seabed. AMSA communicated that their responsibility was to ensure the navigational safety of passages through marine aids and that the responsibility for ensuring the accuracy of marine charts lay with the individual port authorities.[87] Information about changes to channel depth, port infrastructure or changes to navigation markers are communicated to the Australian Hydrographic Office who then update marine charts accordingly.[88]

Committee comment

2.39The Committee acknowledges the essential work of the IALA in ensuring that vessels can safely navigate throughout Australia’s waters. By changing the organisation’s structure from an NGO to an IGO, it is hoped that more countries will become members and apply the same marine aid navigation standards as Australia.

2.40The Committee recognises the importance of Australia’s continued participation in setting marine aid standards. Ratification of the Convention places no additional significant obligations or costs upon Australia but allows for continued advocacy towards marine aid standards and guarantees a role in ensuring the safety of Australia’s maritime sector.

2.41The importance of ratifying the Convention was emphasised in submissions to the inquiry and at the public hearing. The Committee heard evidence relating to the harmonisation and transparency of standards, maritime buoyage systems and seabed cartography, and believes these issues have been sufficiently addressed.

Recommendation 1

2.42The Committee supports the Convention on the International Organization for Marine Aids to Navigation and recommends that binding treaty action be taken.

Footnotes

[1]National Interest Analysis [2024] ATNIA 6 with attachment on consultation, Convention on the International Organization for Marine Aids to Navigation [2024] ATNIF 9 (NIA), para 2.

[2]NIA, para 3.

[3]NIA, para 1.

[4]NIA, para 1.

[5]NIA, para 1.

[6]International Association of Marine Aids to Navigation and Lighthouse Authorities (IALA), ‘About the Organization’, www.iala-aism.org/about-iala, accessed 11 October 2024.

[7]IALA, ‘About the Organization’, www.iala-aism.org/about-iala, accessed 11 October 2024.

[8]IALA, ‘About the Organization’, www.iala-aism.org/about-iala, accessed 11 October 2024.

[9]NIA, para 5.

[10]NIA, para 5.

[11]NIA, para 1.

[12]NIA, para 1.

[13]Ms Paula Stagg, Department of Infrastructure, Transport, Regional Development, Communications and the Arts (DITRDCA), Committee Hansard, 9September 2024, Canberra, p 1.

[14]NIA, para 4.

[15]NIA, para 4.

[16]Shipping Australia, Submission 2, p 2.

[17]Ms Paula Stagg, DITRDCA, Committee Hansard, 9September 2024, Canberra, p 1.

[18]NIA, para 5.

[19]NIA, para 5.

[20]NIA, para 7.

[21]NIA, para 7.

[22]NIA, para 7.

[23]NIA, para 7.

[24]Ms Megan Scott, DITRDCA, Committee Hansard, 9 September 2024, Canberra, p1.

[25]NIA, para 6.

[26]Convention on the International Organization for Marine Aids to Navigation, Article 7.

[27]NIA, para 5.

[28]NIA, para 6.

[29]Ms Paula Stagg, DITRDCA, Committee Hansard, 9September 2024, Canberra, p 2.

[30]NIA, para 17.

[31]NIA, para 3.

[32]Ms Paula Stagg, DITRDCA, Committee Hansard, 9September 2024, Canberra, p 2.

[33]NIA, para 11.

[34]NIA, para 12.

[35]NIA, para 13.

[36]NIA, para 14.

[37]NIA, para 14.

[38]NIA, para 15.

[39]NIA, para 15.

[40]NIA, para 16.

[41]NIA, para 16.

[42]NIA, para 16.

[43]NIA, para 16.

[44]NIA, para 17.

[45]NIA, para 17.

[46]NIA, para 17.

[47]NIA, para 17.

[48]NIA, para 18.

[49]NIA, para 21.

[50]NIA, para 21.

[51]NIA, para 21.

[52]NIA, para 22.

[53]NIA, para 23.

[54]NIA attachment, para 4.

[55]NIA attachment, para 5.

[56]NIA attachment, para 4.

[57]NIA attachment, para 2.

[58]NIA, para 2.

[59]NIA, para 2.

[60]NIA, para 3.

[61]NIA, para 3.

[62]NIA, para 3.

[63]Convention on the International Organization for Marine Aids to Navigation, Article 14(2).

[64]NIA, para 36.

[65]NIA, paras 34-35.

[66]NIA, para 20.

[67]Ms Paula Stagg, DITRDCA, Committee Hansard, 9September 2024, Canberra, p 4.

[68]NIA, para 20.

[69]NIA, para 20.

[70]NIA, para 31.

[71]NIA, para 33.

[72]NIA, para 27.

[73]NIA, para 28.

[74]NIA, para 28.

[75]NIA, para 29.

[76]NIA, para 29.

[77]Shipping Australia, Submission 2, p 3.

[78]Shipping Australia, Submission 2, p 3.

[79]Ms Megan Scott, DITRDCA, Committee Hansard, 9 September 2024, Canberra, p2.

[80]Ms Mary Dean, Australian Maritime Safety Authority (AMSA), Committee Hansard, 9 September 2024, Canberra, p2.

[81]Ms Paula Stagg, DITRDCA, Committee Hansard, 9September 2024, Canberra, p 4.

[82]Ms Paula Stagg, DITRDCA, Committee Hansard, 9September 2024, Canberra, p 4.

[83]Ms Paula Stagg, DITRDCA, Committee Hansard, 9September 2024, Canberra, p 4.

[84]Ms Paula Stagg, DITRDCA, Committee Hansard, 9September 2024, Canberra, pp 3-4.

[85]Ms Mary Dean, AMSA, Committee Hansard, 9 September 2024, Canberra, p2.

[86]Ms Mary Dean, AMSA, Committee Hansard, 9 September 2024, Canberra, p3.

[87]Ms Mary Dean, AMSA, Committee Hansard, 9 September 2024, Canberra, p3.

[88]Answers to questions on notice provided by the DITRDCA at a public hearing in Canberra, 9 September 2024, p. 2.