Marine Order 91 (Marine pollution prevention — oil) 2025

Explanatory Statement

Marine Order 91 (Marine pollution prevention — oil) 2025 (Order 2025/1)

Authority

1.         This Marine Order was made under the Navigation Act 2012 (the ‘Navigation Act’) and the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 (the ‘Pollution Prevention Act’).
2.         Section 130 of the Navigation Act provides that the regulations may provide for pollution certificates.
3.         Section 314 of the Navigation Act provides that the regulations may provide for various matters about certificates.
4.         Subsection 339(1) of the Navigation Act authorises the Governor-General to make regulations necessary or convenient for carrying out or giving effect to the Navigation Act.
5.         Paragraph 340(1)(c) of the Navigation Act provides that the regulations may provide for giving effect to the International Convention for the Prevention of Pollution from Ships (MARPOL).
6.         Subsection 342(1) of the Navigation Act allows the Australian Maritime Safety Authority (AMSA) to make orders for any matter in the Act for which provision must or may be made by regulations.
7.         Paragraphs 33(1)(a) and (b) of the Pollution Prevention Act provide for regulations to be made that are necessary or convenient for carrying out or giving effect to the Pollution Prevention Act.
8.         Paragraph 33(1)(c) of the Pollution Prevention Act provides for regulations to be made to give effect to MARPOL.
9.         Subsection 34(1) of the Pollution Prevention Act provides that AMSA may make orders for any matter (other than the imposition of penalties) for which provision may be made by regulation.
10.           Subsection 33(3) of the Acts Interpretation Act 1901 provides that a power in an Act to make a legislative instrument includes the power to repeal or amend the instrument, subject to any conditions that apply to the initial power.
11.           This Marine Order was made under subsection 342(1) and is a legislative instrument for the Legislation Act 2003.

Purpose

1.           This Marine Order repeals and replaces Marine Order 91 (Marine pollution prevention — oil) 2014.
2.           This Marine Order gives effect to Annex I of MARPOL.
3.           As the purpose of the Marine Order is to give effect to Australia’s international obligations, the Marine Order is exempt from sunsetting under item 1 of section 11 and item 52 of section 12 of the Legislation (Exemptions and Other Matters) Regulation 2015.

Overview

1.           It prescribes matters for Part II (Prevention of pollution by oil) of the Pollution Prevention Act. It also provides for matters for Chapter 4 (Prevention of pollution) of the Navigation Act.
2.           The Pollution Prevention Act and the Navigation Act implement Australia’s obligations under Annex I of MARPOL. This Marine Order deals with matters including vessel certification, vessel reporting requirements, on-board documentation requirements, vessel construction and vessel equipment, system and arrangement standards.
3.           Amendments to MARPOL Annex I were adopted by the Marine Environment Protection Committee (MEPC) of the International Maritime Organization (IMO) on 17 May 2019 (IMO Resolution MEPC.312(74) and MEPC.314(74)). Resolution MEPC.314(74) amends Annex I to provide a definition for Electronic Record Book to encompass a system or device used to electronically record required entries for discharges, transfers and other operations in lieu of a hard copy book. The amendments also allow for electronic versions of Oil Record Books Part I and II and refers to the Guidelines for the use of electronic record books under MARPOL, adopted by IMO Resolution MEPC.312(74). The amendments entered into force internationally on 1 October 2020.
4.           Additionally, on 17 June 2021, amendments to Annex I were adopted by the MEPC (IMO Resolution MEPC.330(76)), providing for the issue of an Exemption Certificate to unmanned non-self-propelled (UNSP) barges for certain survey and certification requirements relating to the International Oil Pollution Prevention Exemption Certificate. The amendment which entered into force internationally on 1 November 2022 recognises the reduced risk of environmental impacts from oil and sewage discharges by UNSP barges which do not carry, hold or have machinery that require oil. Resolution MEPC.330(76) amendments relevant to Annex IV (sewage) are out of scope of this Marine Order.

Consultation

1.           A copy of the draft of this Marine Order was placed on the AMSA website for public comment, with notification provided on social media, including Facebook and Instagram, and the AMSA website. Notification of the public consultation was also emailed to around 300 stakeholders, including vessel operators, recognised organisations, shipping and cargo industry bodies, seafarer representative organisations and relevant government agencies, inviting comments on the proposed changes. Two responses were received supporting the amendments with issues raised concerning the use of electronic record books and the consistency of requirement implementation. These responses were taken into account in finalising the Marine Order.
2.           The Office of Impact Analysis (OIA) considers that the changes made by the Marine Order have regulatory impacts of a minor or machinery nature and no regulation impact statement is required. The OIA reference numbers are OBPR22-01405, OIA23-06229 and OIA23-06166.

Documents incorporated by reference

1.           The following documents, or parts of them, are incorporated by reference in the Marine Order:

• Annex I of MARPOL
• STCW Convention
• Marine Order 1 (Administration) 2013 (Marine Order 1)
• Recommendation on the Standard Format for the Crude Oil Washing Operations and Equipment Manual adopted by IMO Resolution MEPC.3(XII)
• Guidelines for the Development of Shipboard Oil Pollution Emergency Plans adopted by IMO Resolution MEPC.54(32)
• Guidelines and Specifications for Pollution Prevention Equipment for Machinery Space Bilges of Ships adopted by IMO Resolution MEPC.60(33)
• Condition Assessment Scheme adopted by IMO Resolution MEPC.94(46), as in force from time to time
• Revised Guidelines and Specifications for Pollution Prevention Equipment for Machinery Space Bilges of Ships adopted by IMO Resolution MEPC.107(49)
• Revised Guidelines and Specifications for Oil Discharge Monitoring and Control Systems for Oil Tankers adopted by IMO Resolution MEPC.108(49)
• 2011 Guidelines and Specifications for Add-On Equipment for Upgrading Resolution MEPC.60(33) adopted by IMO Resolution MEPC.205(62)
• Guidelines for the use of electronic record books under MARPOL adopted by IMO Resolution MEPC.312(74)
• Recommendation on international performance and test specification for oily-water separation equipment and oil content meters adopted by IMO Resolution A.393(X)
• Revised specifications for the design, operation and control of crude oil washing systems adopted by IMO Resolution A.446(XI)
• Guidelines for the development of shipboard oil pollution emergency plans adopted by IMO Resolution A.496(XII)
• Revised Guidelines and Specifications for Oil Discharge Monitoring and Control Systems for Oil Tankers adopted by IMO Resolution A.586(14).

1.           The International Convention for the Prevention of Pollution from Ships (MARPOL) and the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW Convention) are of treaty status and incorporated as amended and in force for Australia. They are available on the Australian Treaties Database at www.info.dfat.gov.au/treaties. Information on obtaining copies of any International Maritime Organization (IMO) Resolution, IMO document or other document that is mentioned in this Order is available from the Marine Order link at www.amsa.gov.au.
2.           Due to the operation of section 10 of the Acts Interpretation Act 1901 (as applied by paragraph 13(1)(a) of the Legislation Act 2003), Marine Order 1 is adopted as in force from time to time because it is adopted in this Order by reference to its title. These Marine Orders can be accessed through the Marine Orders link on the AMSA website at www.amsa.gov.au and are available for free download from the Federal Register of Legislation through links from AMSA’s website.

Commencement

1.           This Marine Order commenced on 24 February 2025.

Contents of this instrument

1.           Division 1 contains sections 1 to 9. It provides the administrative arrangements, interpretation and powers for the Marine Order.
2.           Section 1 sets out the name of the Marine Order.
3.           Section 1A provides for the commencement of the Marine Order.
4.           Section 1B repeals the previous issue of the Marine Order.
5.           Section 2 states the purpose of the Marine Order, which is to give effect to parts of Annex I of MARPOL and prescribes matters for Chapter 4 of the Navigation Act and Part II of the Pollution Prevention Act.
6.           Section 3 sets out the powers in the Navigation Act and the Pollution Prevention Act that enable the Marine Order to be made.
7.           Section 4 sets out definitions of terms used in the Marine Order.
8.           Section 5 sets out the interpretation of terms used in the Marine Order.
9.           Section 6 describes the vessels to which the Marine Order applies.
10.           Section 7 provides for AMSA to allow an exemption from a requirement of the Marine Order if the construction and equipment of a vessel provides equivalent protection against pollution by oil. It also allows the granting of an exemption for a period of time for unmanned non-self-propelled barges that meet certain requirements and the grant of a waiver in specified circumstances. These are reviewable decisions under Marine Order 1.
11.           Section 8 provides for AMSA to allow an approval to use an equivalent in specified circumstances.
12.           Section 9 provides for the approval of an electronic record book. This is a reviewable decision.
13.           Division 2 contains section 10 only. It provides that a vessel must comply with the requirements of Annex I that apply to the vessel.
14.           Division 3 contains sections 11 to 19. It provides for matters relating to International Oil Pollution Prevention (IOPP) certificates including application, criteria for issue, conditions, endorsement, variation and revocation of IOPP certificates.
15.           Section 11 sets out the requirement for a vessel to have an IOPP certificate.
16.           Section 12 describes matters that are relevant to making an application for a certificate. Decisions about applications are reviewable decisions under Marine Order 1.
17.           Section 13 sets out the criteria for issue of an IOPP certificate.
18.           Section 14 sets out the conditions attaching to IOPP certificates.
19.           Section 15 provides that an endorsement on an IOPP certificate must be made by an issuing body.
20.           Section 16 provides that an IOPP certificate comes into force, and ceases to be in force, in accordance with regulation 10 of Annex I of MARPOL.
21.           Section 17 sets out the criteria for variation of an IOPP certificate.
22.           Section 18 sets out the criteria for revocation of an IOPP certificate.
23.           Section 19 provides that AMSA and the issuing body must be informed of an alteration to a vessel within 7 days after the alteration is made.
24.           Division 4 contains section 20 only. It sets out the requirement for foreign vessels to which regulation 7.1 of Annex I applies to have an IOPP certificate.
25.           Division 5 contains sections 21 to 23. It provides for reporting requirements for marine incidents.
26.           Section 21 prescribes the marine incidents that must be reported.
27.           Section 22 sets out the prescribed manner for notifying an incident involving discharge of oil or oily mixture or damage, failure or breakdown. It also prescribes the form for making a report mentioned in subsections 11(6) and (7) of the Pollution Prevention Act and the timeframe for making that report.
28.           Section 23 provides notification requirements for oil tankers not meeting construction requirements.
29.           Division 6 contains sections 24 to 35. It provides various matters for the Pollution Prevention Act.
30.           Section 24 provides that a shipboard oil pollution emergency plan applies to a foreign ship in certain locations.
31.           Section 25 provides that the form for a shipboard oil pollution emergency plan must be in the format mentioned in the Guidelines for the Development of Shipboard Oil Pollution Emergency Plan. The plan must be approved by an issuing body.
32.           Section 26 describes the minimum content of the form for a ship-to-ship operations plan concerning the transfer of oil cargo between oil tankers. The plan must be approved by an issuing body.
33.           Section 27 prescribes the qualifications that must be held by the person with overall advisory control of a transfer of oil cargo between tankers.
34.           Section 28 prescribes the application of ship-to-ship requirements to a foreign ship in certain locations.
35.           Section 29 prescribes the information to be included in a ship-to-ship record when recording the transfer of oil cargo between oil tankers that are Australian ships. The recording of the name and contact details of the person in overall control of the transfer is a reasonable collection of personal information with the information retained on board the vessel with access limited to crew and the master only.
36.           Section 30 prescribes the information to be included in ship-to-ship transfer information when notified in specified circumstances. The recording of the name and contact details of the person in overall control of the transfer is a reasonable collection of personal information with the information retained on board the vessel with access limited to crew and the master only.
37.           Section 31 sets out the manner of giving ship-to-ship transfer information when oil cargo is transferred between oil tankers in Australian waters.
38.           Section 32 sets out the manner of giving ship-to-ship transfer information when oil cargo is transferred between oil tankers in waters of foreign countries.
39.           Section 33 prescribes the requirement for an oil record book to a foreign ship in certain locations.
40.           Section 34 details the form of an oil record book that must be carried by specified vessels. It also provides that the time recorded in an oil record book must be expressed in Coordinated Universal Time.
41.           Section 35 prescribes the operations or occurrences that must be recorded in a ship’s oil record book.
42.           Division 7 contains section 36 only. It provides that specified oil tankers are not permitted to enter port in Australia after the specified date.
43.           Division 8 contains sections section 37 to 41. It specifies standards in accordance with Annex I for ship systems, equipment and manuals that are designed to safeguard against oil pollution.
44.           Section 37 specifies the standard for crude oil washing systems.
45.           Section 38 specifies the form and information for crude oil washing system operation and equipment manuals.
46.           Section 39 provides the design and installation standard for approval of oil discharge monitoring and control systems for specified oil tankers.
47.           Section 40 provides the design standard for approval of oil content meters for specified oil tankers.
48.           Section 41 provides the design standard for approval of oil filtering equipment for specified vessels.

Statement of compatibility with human rights

1.           This statement is made for subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the legislative instrument

1.           The Navigation Act 2012 (the ‘Navigation Act’) and the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 (the ‘Pollution Prevention Act’) implement Australia’s obligations under the International Convention for the Prevention of Pollution from Ships (MARPOL). This instrument, Marine Order 91 (Marine pollution prevention — oil) 2025 (Marine Order 91), is made under both Acts. It gives effect to Annex I of MARPOL and provides matters for Chapter 4 of the Navigation Act and Part II of the Pollution Prevention Act.
2.           This Marine Order safeguards the marine environment against oil pollution from ships. It prescribes matters concerning IOPP Certificates which are required by MARPOL for certain vessels; makes provision for reporting matters both under the Navigation Act and Pollution Prevention Act; prescribes matters concerning operational documentation required to be carried by certain vessels; and specifies the standards for relevant systems, equipment and associated manuals. It also prevents oil tankers not constructed in accordance with Annex I of MARPOL from entering a port in Australia.

Human rights implications

1.           This Marine Order deals with the regulation of vessels in accordance with Australia’s international obligations to mitigate the threat of oil pollution to the marine environment. This instrument does not engage any of the applicable rights or freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Conclusion

1.           AMSA considers that this instrument is compatible with human rights. It does not affect any rights or freedoms to which the Human Rights (Parliamentary Scrutiny) Act 2011 applies.

Making the instrument

1.           This instrument has been made by the Chief Executive Officer of the Australian Maritime Safety Authority, in accordance with subsection 49(4) of the Australian Maritime Safety Authority Act 1990.