DCN October Edition 2019

Image supplied
Alexis Cahalan, principal lawyer,
Thomas Miller Law
IMPORTANT PROCEDURES
The code also provides instructions on the
procedures to be adopted in the carriage
of solid bulk cargoes. The master should
ensure the moisture content of cargo is not
more than the TML. Where the moisture
content is below the flow moisture point,
cargo may liquefy. The FMP is determined
by laboratory testing and is the percentage
moisture point at which a flow state
develops in a sample - that is the granular
material becomes saturated and starts to
behave as a liquid.
Since its inception, there have been
a series of subsequent amendments to
the Code (2015 and 2017). Parties were
encouraged to implement interim measures
on a precautionary basis prior to the
amendments entering into force. The latest
amendments to the IMSBC Code entered
into force on January 1, 2019. Changes
to section 4.5 of the Code stipulate
that it is the shipper’s responsibility to
ensure that the testing of the TML and
moisture content is carried out at the
correct intervals. A new procedure for
determining the test for the TML of coal
has been implemented.
KEY CHANGES
Further amendments are due to come into
effect in relation to bauxite on January 1,
2021, which is often loaded in Malaysian,
Indonesian, Brazilian and Australian ports.
The loss of the supramax bulk carrier, Bulk
Jupiter in January 2015 with the loss of 18
lives is suggested to have been caused by the
liquefaction of a cargo of bauxite.
Bauxite is normally shipped without
any processing and as it typically contains
lumps and has a low moisture content, it
is generally regarded as ‘Category C’ cargo
in the code. However, bauxite also can be
sieved by using high-pressure water. This
creates finer particles and also adds water
to the cargo.
The IMO has issued a series of circulars
which introduces a number of draft
amendments to the IMSBC Code relating
to the testing procedure for determining
the TML of bauxite and introduces a new
‘Category A’ cargo “bauxite fines” on
January 1, 2021.
As with the passage of previous
amendments, implementation of the test
procedures for the category bauxite fines is
recommended ahead of implementation.
PRE-SHIPMENT PROTOCOLS AND
PRECAUTIONS
It is important to ensure that shippers,
as required by section 4.3.2 of the IMSBC
Code, submit accurate declarations and
certificates noting the description of the
cargo and relevant data sheets; how the
cargo is treated under the IMSBC Code;
the stated moisture content of a given
cargo; and the interval between testing
and loading should not be more than
seven days.
Shippers often will be well advised to
engage independent surveyors to conduct
the necessary testing ahead of loading.
However, many bauxite and nickel mines
lie in remote locations and it can be
logistically difficult for surveyors to attend
and to remove samples for laboratory
testing. Responsibility devolves to mine
operators, port authority and the master to
make sure all necessary precautions have
been taken ahead of cargo loading. For
example, the port authority at the load port
shall provide the master with a certificate
stating “the characteristics of the cargo and
the required conditions for the carriage and
handling” of a particular shipment.
SMART TECHNOLOGY SOLUTIONS
Naval architects argue that structural
modifications to bulk cargo vessels are not
a solution as this interferes with efficiency
in that the use of grabs is prevented and the
cargo is prevented also from reaching its
natural repose. Solutions may lie in smart
technology to identify moisture levels as it
is this variable which requires monitoring
in order to avoid liquefaction occurring.
As the physical properties of cargo are
unalterable once loaded, this is not a factor
which can be monitored during a voyage to
prevent liquefaction.
Additionally, geographically relevant
testing protocols reflecting the locations
where the cargo originates may be of some
utility especially where the origin of most
affected cargoes is in tropical locations.
Precautions with bulk cargoes liable to
liquefaction are not just the responsibility
of the owners and master of a vessel.
Terminal operators, charterers and
shippers should exercise extreme care
when handling such cargoes and take into
account the IMSBC Code. The IMSBC
Code places the onus on all stakeholders
including shippers, receivers and port state
authorities at load and discharge ports to
eliminate the problem and protect the lives
of seafarers.
RISK FACTORS IN
LIQUEFACTION
Some of the factors which can
increase the risk of bulk cargo
liquefying can include:
• Heavy rainfall, monsoon seasons
and tropical weather during cargo
loading, this is a particular issue in
South East Asia;
• Open storage conditions which
prevent the cargo from drying as
was the case in the “Padang Hawk”
incident;
• In the case of bauxite using water
cannons to wash the bauxite
through sieves; and
• Pre-filtering of cargo to remove
lumps above 100mm in size and
further crushing of the particles.
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