Marine Order 94 (Marine pollution prevention — packaged harmful substances) 2014

Compilation no. 1

Compilation date: 1 April 2026

This compilation was prepared on 16 June 2026 including amendments up to Marine Orders Miscellaneous Amendment Order 2026 (No. 2)

Prepared by the Australian Maritime Safety Authority

Division 1 Preliminary

1 Name of Order

4 Purpose

5 Power

6 Definitions

7 Application

Division 2 Convention requirements

8 Convention requirements

Division 3 Prescribed matters

9 Washing substances overboard

10 Prescribed manner of notifying an incident

11 Prescribed form — marine pollutants report

12 Prescribed time for giving a report

Division 1 Preliminary

1 Name of Order

  This Order is Marine Order 94 (Marine pollution prevention — packaged harmful substances) 2014.

4 Purpose

  This Order:

1.    gives effect to Annex III of MARPOL (which deals with prevention of marine pollution by harmful substances carried by sea in packaged form); and
2.    prescribes matters for Part IIIA of the Pollution Prevention Act (which deals with the prevention of pollution by packaged harmful substances).

Note   Chapter 8 of the Navigation Act includes enforcement powers for inspectors, including inspection, directions and detention.

5 Power

 (1) This Order is made under both the Navigation Act and the Pollution Prevention Act.

 (2) The following provisions of the Navigation Act provide for this Order to be made:

(a) subsection 339(1) which provides for regulations to be made prescribing matters required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act;

(b) paragraph 340(1)(c) which provides for regulations to be made to give effect to MARPOL;

(c) subsection 342(1) which provides that AMSA may make a Marine Order about anything that may or must be made by the regulations.

 (3) The following provisions of the Pollution Prevention Act provide for this Order to be made:

(a) paragraphs 33(1)(a) and (b) which provide for regulations to be made prescribing matters required or permitted to be prescribed, or that are necessary or convenient to be prescribed for carrying out or giving effect to the Act;

(b) paragraph 33(1)(c) which provides for regulations under paragraphs 33(1) (a) and (b) to be made to give effect to MARPOL;

(c) subsection 34(1) which provides that AMSA may make orders for any matter (other than the imposition of penalties) for which provision may be made by regulation.

6 Definitions

  In this Order:

Annex III means Annex III to MARPOL.

harmful substance has the same meaning as it has in regulation 1 of Annex III.

Note   Criteria for the identification of harmful substances are set out in the Appendix to Annex III.

packaged form has the same meaning as it has in regulation 1 of Annex III.

Note 1   Some terms used in this Order are defined in Marine Order 1 (Administration) 2013, including:

• IMO
• MARPOL
• Navigation Act
• Pollution Prevention Act.

 Note 2   Other terms used in this Order are defined in the Navigation Act, including:

• AMSA
• inspector
• owner.

Note 3    Most provisions of this Order are expressed using terms used in the Navigation Act (eg vessel). However, some provisions of this Order that are made solely under the Pollution Prevention Act use terms that are used in that Act (eg ship). An example of a provision using terms used in the Pollution Prevention Act is section 10.

Note 4   For information on obtaining copies of IMO documents mentioned in this Order — see AMSA’s website at http://www.amsa.gov.au. These documents may also be purchased from the IMO — see the IMO website at http://www.imo.org/publications.

7 Application

 (1) Subject to subsection 33(2) of the Pollution Prevention Act and section 12 of the Navigation Act, this Order applies to a vessel to which Annex III applies that is:

(a) a regulated Australian vessel; or

(b) a domestic commercial vessel; or

(c) a recreational vessel that has Australian nationality; or

(d) a foreign vessel.

Note   The legislation mentioned in this subsection provides, in effect, that this Order does not apply to certain vessels to which MARPOL applies because of a law of a State or the Northern Territory or the Maritime Safety (Domestic Commercial Vessel) National Law.

 (2) This Order also applies to a vessel that is owned or operated by the Commonwealth and used, for the time being, on government non-commercial service.

Division 2 Convention requirements

8 Convention requirements

 (1) If a vessel has on board harmful substances in packaged form, the owner of the vessel must comply with regulations 3 to 6 of Annex III.

 (2) For paragraphs 1 and 2 of regulation 5 of Annex III, AMSA is the designated organisation.

 (3) A copy of the special list, manifest or stowage plan mentioned in paragraph 2 of regulation 5 of Annex III must be given before departure to AMSA at the AMSA office at or nearest to the port of loading.

Note   Regulations 3, 4 and 6 of Annex III set out requirements for the packing, marking, labelling and stowage of packaged harmful substances. Regulation 5 of Annex III mentions requirements for the transport of packaged harmful substances including the need to comply with the International Maritime Dangerous Goods Code (the IMDG Code) for transport information and the preparation of a special list, manifest or stowage plan. The IMDG Code as currently in force is available from the IMO website at http://www.imo.org. The IMO resolution that adopts or amends the IMDG Code is listed on AMSA’s website.

Division 3 Prescribed matters

9 Washing substances overboard

  For paragraph 26AB(6)(a) of the Pollution Prevention Act, the substance may be washed overboard only if the master:

(a) has considered the physical, chemical and biological properties of the substance; and

(b) reasonably considers that washing overboard is the most appropriate manner of disposal; and

(c) has authorised the washing overboard.

10 Prescribed manner of notifying an incident

  For subsections 26B(3) and 26B(5) of the Pollution Prevention Act, the notification must:

(a) start with the code letters POLREP and the name, IMO number and radio call-sign of the ship; and

(b) be sent by:

 (i) telephone; or

 (ii) email; or

 (iii) radio.

Note 1   If Australia is the nearest coastal state for notification of an incident, AMSA may be contacted as follows: Rescue Coordination Centre (RCC) Australia: telephone: +61 (0)2 6230 6811; freecall: 1800 641 792 (within Australia); email: rccaus@amsa.gov.au; HF DSC MMSI 005030001.

Note 2   Subsection 26B(3) of the Pollution Prevention Act requires notification of a prescribed incident to a prescribed officer. For the definition of prescribed officer — see subsection 3(2) of the Act.

Note 3   See section 31A of Marine Order 27 (Safety of navigation and radio equipment) 2023 for reporting requirements in relation to lost and observed freight containers.

11 Prescribed form — marine pollutants report

  For subsections 26B(8) and 26B(9) of the Pollution Prevention Act, the prescribed form for reporting a prescribed incident is Form AMSA 1858 Marine pollutants report.

Note   Form AMSA 1858 Marine pollutants report is available on AMSA’s website at www.amsa.gov.au.

12 Prescribed time for giving a report

  For subsections 26B(8) and 26B(9) of the Pollution Prevention Act, a report must be given within 24 hours after receiving the request for the report.

Notes to Marine Order 94 (Marine pollution prevention — packaged harmful substances) 2014

Note 1

Marine Order 94 (Marine pollution prevention — packaged harmful substances) 2014 (in force under subsection 342(1) of the Navigation Act 2012) as shown in this compilation comprises Marine Order 94 (Marine pollution prevention — packaged harmful substances) 2014 amended as indicated in the following tables.

Table of Orders

Table of amendments