EXPLANATORY NOTES
Marine Orders, Part 91
(Marine Pollution Prevention—Oil)
Issue 4
Order 1 of 2005
Authority
1. Subsection 425(1) of the Navigation Act 1912 and subsection 33(1) of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 empowers the Governor-General to make regulations necessary or convenient for carrying out or giving effect to the respective Acts.
2. Subsection 425(1AA) of the Navigation Act 1912 and subsection 34(1) of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 allows the Australian Maritime Safety Authority (AMSA) to make orders with respect to matters in the respective Acts, in relation to which provision may be made by regulations.
3. Marine Orders, Part 91, Issue 4, was made pursuant to subsection 425(1AA) of the Navigation Act 1912 and subsection 34(1) of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.
Purpose
4. The Part prescribes matters under the Navigation Act 1912 (Navigation Act) and the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 (Pollution Prevention Act) for the purpose of giving effect to Annex I of the International Convention for the Prevention of Pollution from Ships 1973, as amended by the Protocol of 1978 (MARPOL 73/78).
5. This issue repeals Issue 3 of Part 91.
Registration
6. Issue 4 of Part 93, together with these Explanatory Notes, were registered on the Federal Register of Legislative Instruments on 25 March 2005.
Consultation
7. A copy of the draft of this issue was made available to the Australian Shipowners Association, Shipping Australia Limited, and recognised class societies. A copy of the draft text was also placed on the AMSA internet website for public comment.
8. The Office of Regulation Review (ORR) advised that a mandatory regulation impact statement was not required as the proposed changes to Marine Orders Part 91 did not have a direct impact on business. ORR issued an ID number of 6062 for compliance reporting purposes.
Overview
9. The Pollution Prevention Act and the Navigation Act together give effect to Annex I of MARPOL 73/78.
10. Australia has an obligation under MARPOL 73/78, Article I, and has undertaken to promulgate all laws, decrees, orders and regulations necessary to give MARPOL 73/78 and annexes by which we are bound, full and complete effect.
11. The International Maritime Organization (IMO) recently adopted amendments to MARPOL 73/78 which includes Resolution MEPC.111(50) (amendments to Annex 1). MEPC.111(50), adopted in December 2003, will enter into force on 5 April 2005.
12. The revised regulation 13G of Annex 1:
- brings forward the final phasing-out date for category 1 tankers (pre-MARPOL tankers) from 2007 to 2005, and the final phasing-out date for category 2 and 3 tankers (MARPOL tankers and smaller tankers) from 2015 to 2010; and
- requires a category 2 or 3 tanker of 15 years and over, after the date of its delivery, to comply with the Condition Assessment Scheme (CAS) adopted by Resolution MEPC.94(46).
13. A new regulation, 13H of Annex I (the prevention of oil pollution from oil tankers when carrying heavy grade oil (HGO) as cargo), bans the carriage of HGO in single-hull oil tankers of 5,000 tons dwt and above, after the date of entry into force of the regulation (5 April 2005), and in single-hull oil tankers of 600 tons dwt and above, but less than 5,000 tons dwt, not later than the anniversary of their delivery date in 2008.
14. This issue of Part 91 repeals Issue 3 and gives effect to the above Annex 1 amendments.
15. The opportunity has been taken to do minor reformatting to reflect the current drafting style for Marine Orders, and to update some definitions and position titles in this issue.
Contents of the Order
16. Provision 1 indicates the purpose and the power to make Part 91 pursuant to the Navigation Act and the Pollution Prevention Act.
17. Provision 2 provides definitions of words and phrases and Provision 3 provides interpretations, both of which are necessary for proper understanding of Part 91.
18. Provision 4 specifies the ships to which this Part applies.
19. Provision 5 provides for the application of provisions of this Part to be modified in respect of a ship and for the acceptance of an equivalent fitting, material, appliance or apparatus or type, that is, at least, effective as that required under the Part (providing the equivalent does not contravene Annex 1). This provision also provides for the exemption of naval auxiliaries from the requirement to have in force a ship construction certificate prior to taking a ship to sea.
20. Provision 6 provides for an internal review by the General Manager of a decision made by the Manager, Ship Inspections, or a surveyor under this Part. The provision also provides for a review by the Administrative Appeals Tribunal of the General Manager’s decision and for a statement of reasons to be provided by the General Manager to an applicant regarding a decision.
21. Provision 7 specifies the regulations in Annex 1 of MARPOL 73/78 that have force of law under Commonwealth law and provides for this Part to interpret or explain particular Annex 1 regulations. In accordance with Annex 1, the provision also specifies the oil tankers that are not permitted to enter an Australian port or an offshore terminal beyond specified dates.
22. Provision 7 also requires an oil tanker, which does not comply with the requirements of Regulation 13F of Annex I, to provide particular information to the Manager, Ship Inspections, at least 48 hours prior to loading cargo to, or from, an Australian port or offshore terminal. An oil tanker which does not comply with the requirements of Regulation 13F of Annex 1, is one which is not constructed in accordance with Regulation 13F of Annex 1.
23. Provision 8 prescribes time intervals for particular oil tankers that must undergo, initial, subsequent and additional surveys and inspections. The provision also specifies the requirement to maintain a ship’s condition and equipment in accordance with Annex 1. Provision 8.8.3 is a penal provision that specifies reporting requirements in respect to an accident or a defect that affects the integrity of a ship or efficiency of equipment on the ship.
24. Provision 9 prescribes the International Oil Pollution Prevention Certificate (IOPP Certificate); the validity periods for issued, renewed or extended IOPP Certificates; the validity periods of an IOPP Certificate when a survey is completed prior to the certificate’s expiry date; and conditions that render an IOPP Certificate to be invalid.
25. Provision 10, for the purposes of the Navigation Act and Pollution Prevention Act, prescribes various matters including:
- the issue of certificates to ships to which the Navigation Act does not apply;
- the form to be used in relation to reporting an alteration or damage to a ship and persons to whom the form should be directed;
- methods of serving notices addressed to the ship owner;
- forms to be used as shipboard oil pollution emergency plans;
- AMSA officers who are prescribed officers;
- the manner of notifying a discharge of oil or oily mixture.
26. Provision 11 provides interpretations and specifications for the application of Annex I regulations to MARPOL 73/78.
27. Provision 12 provides for the inspection and detention of ships in relation to prevention of pollution by oil. Provision 12.2.3 is a penal provision and requires the master of a ship to comply with a detention order made under 12.2.1.
28. The Appendix provides the forms to be used in relation to the notifying of an alteration or damage to a ship, and the reporting of an oily substance discharge from a ship.
Documents incorporated by reference
29. MARPOL 73/78, Consolidated Edition, 2002 may be purchased from either the International Maritime Organization (IMO), 4 Albert Embarkment, London SE1 7SR – telephone 020 7735 7611 – facsimile 020 7587 3210. – IMO web site: http://www.imo.org, or, from Boat Books, 31 Albany Street, Crows Nest, NSW 2065 - telephone 02) 9439 1133; Boat Books, 214 St Kilda Road, St Kilda, Vic 3182 - telephone 03) 9525 3444; Boat Books 109 Albert Street, Brisbane, QLD, 4000 -telephone 07) 3229 6427; E-mail: boatbks@boatbks.com.au .
30. The Unified Interpretations of Annex I is published in the 2002 Edition of MARPOL 73/78.
31. The following IMO resolutions/circulars can be obtained from AMSA, telephone 02) 6279 5084:
- Condition Assessment Scheme, MEPC.94(46), amended by MEPC.99(48) and MEPC.112(50);
- Guidelines for the Development of Shipboard Oil Pollution Emergency Plans, MEPC.54(32), amended by Amendments to the Guidelines for the Development of Shipboard Oil Pollution Emergency Plans, MEPC.86(44);
- Guidelines for a Structure of an Integrated System of Contingency Planning for Shipboard Emergencies, MEPC/Circ 310;
- Guidelines for the Development of Shipboard Marine Pollution Emergency Plans for Oil and/or Noxious Liquid Substances, MEPC.85(44);
- Revised specifications for the design, operation and control of crude oil washing systems, Annex to A.446(XI) as amended by A.497(XII) and A.897(21);
- Recommendation on the standard format of the crude oil washing operations and equipment manual, Annex to MEPC.3(XII), as amended by MEPC.81(43);
- Recommendations on international performance and test specifications for oily-water separating equipment and oil content metres, Annex to A.393(X);
- Revised guidelines and specifications for oil discharge, monitoring and control systems for oil tankers, Annex to A.586(14);
- Revised guidelines and specifications for oil discharge, monitoring and control systems for oil tankers, Annex to MEPC 108(49);
- Guidelines and specifications for pollution prevention equipment for machinery space bilges of ships, Annex to MEPC.60(33);
- Revised guidelines and specifications for pollution prevention equipment for machinery space bilges of ships, Annex to MEPC.107(49).
Australian Maritime Safety Authority
March 2005