EXPLANATORY NOTES
Marine Orders, Part 93
(Marine Pollution Prevention-Noxious Liquid Substances)
Issue 4
Order 2 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 93, 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 II 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 93.
Registration
6. Issue 4 of Part 93, together with these Explanatory Notes, were registered on the Federal Register of Legislative Instruments on 24 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 93 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 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 the convention and annexes by which we are bound, full and complete effect.
11. The International Maritime Organization (IMO) recently adopted amendments to MARPOL 73/78 by Resolutions MEPC.111(50), MEPC.115(51) and MEPC.116(51). A footnote of Part 93, which provides reference to the MARPOL 73/78 amendments, has been updated to include the above resolutions.
12. The opportunity has been taken to do minor reformatting to reflect the current drafting style and to update some definitions and position titles.
Contents of the Order
13. Provision 1 indicates the purpose and the power to make this Part, pursuant to the Navigation Act and the Pollution Prevention Act.
14. Provision 2 provides definitions of words and phrases and Provision 3 provides interpretations, both of which are necessary for proper understanding of the Part.
15. Provision 4 specifies the ships to which this Part applies.
16. Provision 5.1 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.
17. Provision 5.2 provides an exemption for some classes of ships from the requirement to have in force a chemical tanker construction certificate, prior to taking a ship to sea.
18. Provision 6 provides for an internal review by the General Manager of a decision made by the Manager, Ship Inspections, or by a surveyor, under this Part. This provision also provides for a review by the Administrative Appeals Tribunal of decisions made by the General Manager under this Part, and for a statement of reasons to be provided by the decision-maker upon request of an applicant.
19. Provision 7 specifies the regulations in Annex II of MARPOL 73/78 that have force of law under Commonwealth law and provides for this Part to interpret or explain certain regulations of Annex II provisions.
20. Provision 8 prescribes the requirements of an initial, intermediate, renewal, annual and additional survey of a ship, the endorsement of intermediate and annual surveys and the requirement to maintain a ship’s condition in accordance with Annex II of MARPOL 73/78.
21. Provision 8.8.3 specifies the requirement to report an accident or defect that occurs to a ship to determine whether a survey of that ship is required. This is a penal provision.
22. Provision 9 prescribes the certificate to be issued in accordance with sections 267Q and 267R of the Navigation Act; specifies renewal and validity periods for a certificate; specifies time intervals for surveys in relation to a certificate, and specifies conditions which causes a certificate to become invalid.
23. Provision 10 for the purpose of the Navigation Act and the 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;
- the serving of notices addressed to the ship owner;
- prescribed officers in relation to Pollution Prevention Act;
- the manner of notifying discharges;
- report forms, record keeping;
- operations and occurrences for the purposes of the Pollution Prevention Act;
- notification of proposal to import or export for the purposes of the Protection of the Sea Act.
24. Provision 11 provides interpretations and specifications for the application of Annex II regulations to MARPOL 73/78.
25. Provision 12 provides for the inspection and detention of ships in relation to the prevention of pollution by noxious liquid substances. Provision 12.2.3 is a penal provision that requires the master of a ship to comply with a detention order made under Provision 12.2.1.
26. Provision 13 gives effect to Regulation 16 of Annex II by specifying the requirement for a shipboard Marine Pollution Emergency Plan for Noxious Liquid Substances. Provisions 13.1 and 13.2 are penal provisions in relation to this requirement. Provision 13.5 provides for ships (in relation to the Shipboard Marine Pollution Emergency Plan) that must comply with regulation 26 of Annex I of MARPOL 73/78.
27. The Appendix provides the forms to be used in relation to the reporting of alteration or damage to a ship, and in respect to making a harmful substances report.
Documents incorporated by reference
28. The following publications 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 :
- MARPOL 73/78, Consolidated Edition, 2002*;
- The Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972 (The London Convention);
- The IMO Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk, (BCH Code);
- The International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (IBC Code);
29. The Unified Interpretations of Annex II is published in the 2002 Edition of MARPOL 73/78)*.
30. The following IMO resolutions can be obtained from AMSA, telephone 02) 6279 5084:
- Interpretation of Annex II of MARPOL 73/78 in Respect of Ships Engaged in Dumping Operations and Explanatory Notes Thereto, Annex 5 to MEPC 25/20;
- Guidelines for the Transport and Handling of Limited Amounts of Hazardous and Noxious Liquid Substances in Bulk in Offshore Support Vessels, A.673(16);
- Guidelines for the Development of Shipboard Marine Pollution Emergency Plans for Oil/and or Noxious Liquid Substances, MEPC.85(44).
Australian Maritime Safety Authority
March 2005