Marine Orders Part 95: Marine Pollution Prevention Garbage, Issue 4 (Order No. 6 of 2005) (Cth)
| MARINE ORDERS Part 95 Marine Pollution Prevention— Issue 4
| |||
Table of Contents
1 Purpose & power
2 Definitions of words and phrases used in this Part
3 Interpretation
4 Application
5 Review of decisions
6 Prescribed matters
7 Port State control on operational requirements
Previous issues
Issue 1, Order No.4 of 1997
Issue 2, Order No.10 of 2001
Issue 3, Order No.13 of 2002
1 Purpose & power
1.1 Purpose
Annex V of MARPOL provides regulations aimed at preventing pollution of the sea by garbage. This Part of Marine Orders gives effect to Regulation 8 of Annex V (dealing with port State control on operational requirements) and prescribes matters in relation to Regulation 9 of Annex V (dealing with placards, garbage management plans and garbage record-keeping).
1.2 Power
1.2.1 Subsection 33(1) of the Pollution Prevention Act provides for regulations to be made prescribing matters:
(a) required or permitted by the Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to the Act; and, in particular:
(c) for and in relation to giving effect to MARPOL, other than provisions of MARPOL to which effect is given by a provision of the Act.
1.2.2 Subsection 34(1) of the Pollution Prevention Act provide that AMSA may make orders with respect to any matter for or in relation to which provision may be made by regulation.
2 Definitions of words and phrases used in this Part
AMSA means the Australian Maritime Safety Authority established by the Australian Maritime Safety Authority Act 1990;
General Manager means the person occupying the position of General Manager, Maritime Operations, in AMSA;
IMO means the International Maritime Organization;
Manager, Ship Inspections, means the person occupying the position of Manager, Ship Inspections, in AMSA or, in respect of any particular purpose under this Part, a suitably qualified person authorised by the Manager, Ship Inspections, for that purpose;
MARPOL has the same meaning as 'the Convention' in the Pollution Prevention Act;[1]
[1] MARPOL is to be found in a Consolidated Edition, 2002, published by IMO, and had been revised by IMO Resolutions MEPC.95(46), MEPC.111(50), MEPC.115(51) and MEPC.116(51) at time of making of this Order. Details concerning any further revisions are available from AMSA.
penal provision means a penal provision for the purposes of Regulation 4 of the Protection of the Sea (Prevention of Pollution from Ships)(Orders) Regulations 1994;[2]
[2] Regulation 4 of the Protection of the Sea (Prevention of Pollution from Ships) (Orders) Regulations provides that a person must not fail to comply with a provision of an order made under subsection 34 (1) of the Pollution Prevention Act that is expressed to be a penal provision. The penalty is 20 penalty units or, in the case of a body corporate, 50 penalty units. A penalty unit is currently $110.
surveyor means a person appointed to be a surveyor under section 190 of the Navigation Act 1912;
the Pollution Prevention Act means the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.
3 Interpretation
In this Part:
(a) headings and sub-headings are part of the Part; and
(b) a footnote is not part of the Part, but may provide additional information or guidance in applying the Part.
4 Application
4.1 This Part applies to and in relation to a ship:
(a) to which MARPOL is expressed to apply; or
(b) owned or operated by the Commonwealth and used, for the time being, on government non-commercial service.
4.2 For the purposes of subsections 32(1) and 32(1A) of the Pollution Prevention Act, sections 26FA, 26FB and 26FC of that Act apply to foreign ships, including foreign ships flying the flag of, or under the authority of, a Party to the Convention, at any time when they are in a port in Australia or are in the territorial sea of Australia or in the sea on the landward side of the territorial sea of Australia while on their way to or from a port in Australia as if such ships were Australian ships.
5 Review of decisions
5.1 Internal review
5.1.1 If a surveyor makes a decision under this Part, a person affected by the decision may apply to the General Manager for review of that decision.
5.1.2 An application for internal review under 5.1.1 must be made in writing to the General Manager and must be accompanied by such information as the General Manager requires to enable the decision to be properly reviewed.
5.1.3 The General Manager may:
(a) affirm the original decision by surveyor; or
(b) make any decision that could be made by the surveyor in accordance with this Part.
5.2 Review by the AAT
5.2.1 Application may be made to the Administrative Appeals Tribunal for review of a decision by the General Manager under 5.1.3.
5.2.2 The General Manager must give his or her decision in writing within 28 days of receiving the application for internal review. The notice must include a statement to the effect that, if the person is dissatisfied with the decision, application may, subject to the Administrative Appeals Tribunal Act 1975, be made to the Administrative Appeals Tribunal for review of the decision. The notice must also include a statement to the effect that the person may request a statement under section 28 of that Act.
5.2.3 Failure to comply with 5.2.2 in relation to a decision does not affect the validity of that decision.
6 Prescribed matters
6.1 For the purposes of subsection 26FA(3) of the Pollution Prevention Act, the form of garbage record book set out in the Appendix to Annex V of MARPOL is the prescribed garbage record book.
6.2 For the purposes of subsection 26FA(6) of the Pollution Prevention Act, the prescribed operations or prescribed occurrences are those set out in section 4 of the Appendix to Annex V of MARPOL.
6.3 For the purposes of subsections 26FB(5) and 26FB(7) of the Pollution Prevention Act, a surveyor at an AMSA marine survey office is the prescribed officer.
6.4 For the purposes of subsection 26FC(3) of the Pollution Prevention Act, the form of Shipboard Waste Management Plan set out in IMO Resolution MEPC.71(38) is the prescribed form.[3]
[3] Copies of IMO Resolution MEPC.71(38) are obtainable from AMSA.
6.5 For the purposes of section 26FE of the Pollution Prevention Act, the Manager, Ship Inspections, is a prescribed officer.
7 Port State control on operational requirements
7.1 Inspection of ships
If a surveyor has clear grounds for believing that the master or crew of a ship in a port in Australia are not familiar with essential shipboard procedures relating to the prevention of pollution by garbage, the surveyor may inspect the ship.
7.2 Detention of ships
7.2.1 A surveyor intending to inspect a ship under 7.1 may, by order in writing addressed to the master, detain it.
7.2.2 When the surveyor is satisfied that the ship is able to proceed to sea without presenting an unreasonable threat of harm to the marine environment, he or she is to revoke the detention order.
7.2.3 The master of a ship must comply with an order under 7.2.1.
This is a penal provision.
* * * * * *
0
0
0