Marine Orders - Part 94: Marine Pollution Prevention - Packaged Harmful Substances, Issue 4 (Order No. 5 of 2005)

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EXPLANATORY NOTES

Marine Orders, Part 94

(Marine Pollution Prevention—Packaged Harmful Substances)

Issue 4

Order 5 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 those 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 regard to matters in the respective Acts, for or in relation to which provision may be made by regulations.

 3. Marine Orders, Part 94, 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 Part IIIA of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 (Pollution Prevention Act) and Division 12B of Part IV of the Navigation Act 1912 (Navigation Act) for the purpose of giving effect to Annex III of the International Convention for the Prevention of Pollution from Ships 1973), as amended by the Protocol of 1978 (MARPOL 73/78), in relation to packaged harmful substances.

 

 5. This issue of Part 94 gives effect to recently adopted International Maritime Organization (IMO) amendments to MARPOL 73/78 and repeals Issue 3 of Part 94.

 

Consultation

 

 6. A copy of the draft text of this issue was circulated to relevant AMSA managers, survey authorities, Shipping Australia Limited, the Australian Shipowners Association for comments.  The draft text was also placed on the AMSA web site for public comment.

 

 7. The Office of Regulation Review (ORR) advised that a mandatory RIS was not required. ORR ID No.7228 confirms that the Government’s regulatory best practice requirements have been met.

 

Overview

 

 8. The Pollution Prevention Act and the Navigation Act together give effect to Annex III of  MARPOL 73/78.

 

9. IMO has recently adopted amendments to MARPOL 73/78. Consequently, footnote #2 in this issue of Part 94, which provides reference to the MARPOL amendments, has been updated.

 

10. Additionally, two new provisions have been inserted in this issue. These provisions are Provision 5, in relation to the review of decisions, and provision 8, which gives effect to Regulation 8 (port State control on operational requirements) of Annex III of MARPOL.

 

11. The opportunity has been taken to reformat Provision 1 to concur with the current drafting style of Marine Orders.

 

Contents of the Order

 

12. Provision 1 indicates the purpose of this Order, and the power to make the Order, pursuant to the Navigation Act and the Pollution Prevention Act.

 

13. Provision 2 provides definitions and Provision 3 provides interpretations to assist with proper understanding of the Order.

 

14. Provision 4 specifies the types of ships to which this Part applies.

 

15. Provision 5 provides for an internal review by the General Manager of a decision made by 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 his decision.

 

16. Provision 6 provides for the purposes of the Navigation Act, regulations within Annex III of MARPOL 73/78 that have force of law as part of Commonwealth law.

 

17. Provision 7 prescribes various matters including the washing of substances overboard, a prescribed officer, notification of an incident, acceptable methods of reporting an incident and the required lodging period for reporting.

 

18. Provision 8 provides for the inspection and detention of ships for the purpose of the prevention of pollution by harmful substances. Provision 8.2.3 is a penal provision that requires a master of a ship to comply with a detention order made under this Part.

 

19. The Appendix provides the format for the Marine Pollutants Report Form.

 

Documents incorporated by reference

 

The following publications may be purchased from either the International Maritime Organization (IMO), 4 Albert Embankment, London SE1 7SR – telephone + 44 (0)20 7735 7611 – facsimile +44 (0)20 7587 3210. – IMO web site: http://www.imo.org , or

 

from Boat Books Australia, 31 Albany Street, Crows Nest, NSW 2065 - telephone (02) 9439 1133;  Boat Books Australia, 214 St Kilda Road, St Kilda, Vic 3182 - telephone (03) 9525 3444; Boat Books Australia, 109 Albert Street, Brisbane, QLD, 4000 -telephone (07) 3229 6427; Web address: http://www.boatbooks-aust.com.au/

 

  • MARPOL 73/78, Consolidated Edition, 2002;
  • International Maritime Dangerous Goods (IMDG) Code 2004 Edition.

 

The following IMO resolutions referred to in footnote# 2 and in the Appendix can be obtained from AMSA, telephone (02) 6279 5084:

  • MEPC.95(46) Amendments to the Annex of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ship, 1973 (Amendments to regulation 13G of Annex 1 to MARPOL 73/78 and the Supplement to the IOPP Certificate);
  • MEPC.111(50) Amendments to the Annex of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973 Amendments to regulation 13G, addition of new regulation 13H and consequential amendments to the IOPP Certificate of Annex I of MARPOL 73/78);
  • MEPC.115(51) Amendments to the Annex of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973 (Revised Annex IV of MARPOL 73/78);

 

  • MEPC.116(51) Amendments to the Annex of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973 (Amendments to the Appendix to Annex V of MARPOL 73/78);

 

  • A.851(20)  General principles for ship reporting systems and ship reporting requirements, including guidelines for reporting incidents involving dangerous goods, harmful substances and/or marine pollutants.

 

 

 

 

 

Australian Maritime Safety Authority

July 2005

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