EXPLANATORY NOTES
Marine Orders, Part 93
(Marine Pollution Prevention - Noxious Liquid Substances)
Issue 5
Order No. * 14 of 2006
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 prescribing matters required or permitted to be prescribed, or which are 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 any matter in the respective Acts for or in relation to which provision may be made by regulations.
3. Marine Orders, Part 93, Issue 5, 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 4 of Part 93, and gives effect to the revised version of Annex II of MARPOL 73/78, Regulations for the control of pollution by noxious liquid substances in bulk, and the consequential amendments to the Navigation Act and the Pollution Prevention Act.
Consultation
6. A copy of the draft of this issue was made available to the Australian Shipowners Association, Shipping Australia Limited, and approved survey authorities. A copy of the draft text was also placed on the AMSA internet website for public comment.
Overview
7. The Pollution Prevention Act and the Navigation Act together give effect to Annex II to MARPOL 73/78.
8. Australia, in accordance with its obligations under MARPOL 73/78, Article I, 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.
9. The International Maritime Organization (IMO) adopted a revised text of Annex II of MARPOL 73/78 in October 2004 by Resolution MEPC.118(52) and the revised version will enter into force internationally on 1 January 2007.
10. This issue of Part 91 repeals Issue 4 and gives effect to the revised Annex II and the consequential amendments made to the Navigation Act and the Pollution Prevention Act. This issue also prescribes the form for shipboard marine pollution emergency plans.
11. 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
12. Provision 1 indicates the purpose and the power to make this Part, pursuant to the Navigation Act and the Pollution Prevention Act.
13. Provision 2 provides definitions of words and phrases and Provision 3 provides interpretations, both of which are necessary for proper understanding of the Part.
14. Provision 4 specifies the ships to which this Part applies.
15. Provision 5.1 provides for the requirements detailed in 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.
16. 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.
17. 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.
18. 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.
19. 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.
Provision 8.8.3 is a penal provision and specifies the requirement to report an accident or defect that occurs to a ship to determine whether a survey of that ship is necessary.
20. Provision 9 prescribes the form of the certificate to be issued in accordance with sections 267Q and 267R of the Navigation Act and specifies a number of matters including renewal and validity periods for a certificate, time intervals for surveys in relation to a certificate, and conditions which causes a certificate to become invalid.
21. Provision 10 for the purpose of the Navigation Act and the Pollution Prevention Act, prescribes various matters including:
- certificates in relation 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, agent or master;
- prescribed officers in relation to specified provisions of the Pollution Prevention Act;
- the manner of notifying discharges;
- report forms and time for furnishing a report;
- the form for a ship’s cargo record book;
- operations and occurrences required to be recorded in a ship’s cargo record book; and
- time and manner of notifying a proposal to import or export a liquid substance.
22. Provision 11 provides interpretations and specifications for the application of Annex II regulations to MARPOL 73/78.
23. Provision 12 prescribes the form of the shipboard marine pollution emergency plan in accordance with subsection 22A(3) of the Pollution Prevention Act.
24. 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
25. 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
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, 2006;
- 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).
26. The following IMO resolutions can be obtained from AMSA, telephone (02) 6279 5084:
- Guidelines for the Transport and Handling of Limited Amounts of Hazardous and Noxious Liquid Substances in Bulk in Offshore Support Vessels, A.673(16) as amended by MEPC.158(55);
- Revised Guidelines for the Transport of Vegetable Oils in Deep tanks or in Independent Tanks Specially Designed for the Carriage of Such Vegetable Oils in General Dry Cargo Ships, MEPC. 148(54);
- Guidelines for the Development of Shipboard Marine Pollution Emergency Plans for Oil/and or Noxious Liquid Substances, MEPC.85(44) as amended by MEPC.137(53).
Australian Maritime Safety Authority
December 2006