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

Overview

The Marine Orders, Part 94 (Marine Pollution Prevention—Packaged Harmful Substances) Issue 4, enacted in 2005, was established to implement provisions under the Navigation Act 1912 and the Protection of the Sea (Prevention of Pollution from Ships) Act 1983. This legislative framework was introduced to give 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), specifically addressing packaged harmful substances. The Marine Orders were made pursuant to the powers granted by subsection 425(1AA) of the Navigation Act and subsection 34(1) of the Pollution Prevention Act. The Australian Maritime Safety Authority (AMSA) was responsible for the enactment of these orders, with the aim of aligning Australian maritime regulations with international maritime safety standards and pollution prevention protocols. This issue of Part 94 incorporates recent amendments adopted by the International Maritime Organization (IMO) to MARPOL 73/78, updating and replacing the previous Issue 3. It includes new provisions such as internal review mechanisms for surveyor decisions and provisions for port State control on operational requirements as per MARPOL Annex III Regulation 8. The Order also details the application of these regulations to specific types of ships, outlines reporting requirements for incidents involving harmful substances, and provides for the inspection and detention of ships to prevent pollution. Additionally, the Order references various IMO documents and resolutions that are integral to its implementation.

Scope and Application

The Marine Orders, Part 94, Issue 4, which concerns the marine pollution prevention related to packaged harmful substances, applies to ships that are subject to the relevant provisions of the Navigation Act 1912 and the Protection of the Sea (Prevention of Pollution from Ships) Act 1983. This encompasses a range of vessels operating within Australian waters and potentially on international voyages, as these Acts extend their jurisdiction to cover ships registered in Australia or entering Australian ports. The scope of the Order includes the regulation of activities such as the washing of harmful substances overboard, the role and responsibilities of a prescribed officer, and the mandatory reporting of incidents. Additionally, the Order allows for the inspection and detention of ships by authorities to enforce compliance with pollution prevention measures. The provisions are designed to align with the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78) and incorporate recent amendments by the International Maritime Organization (IMO). The Order also provides for internal reviews of decisions made by surveyors and appeals to the Administrative Appeals Tribunal, ensuring a framework for accountability and dispute resolution. The Order is formulated to be comprehensive yet flexible, with the potential for further elaboration through subordinate instruments to adapt to evolving maritime practices and international standards.

Key Provisions

The primary operative sections of Marine Orders, Part 94 (Marine Pollution Prevention—Packaged Harmful Substances) Issue 4, focus on enforcing provisions under the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 and the Navigation Act 1912. These provisions are designed to implement the International Convention for the Prevention of Pollution from Ships 1973 (MARPOL 73/78), particularly Annex III, which deals with packaged harmful substances. The sections also include updates to reflect recent amendments by the International Maritime Organization (IMO). For instance, Provision 5 (section 15) facilitates internal reviews of surveyor decisions, while Provision 8 (section 18) concerns the inspection and detention of ships to prevent pollution by harmful substances. The Order also incorporates various regulations from MARPOL 73/78 into Australian law through Provision 6 (section 16). These obligations and requirements mandate that ships comply with the specified regulations, including the prohibition of washing substances overboard, the necessity for a prescribed officer, and the timely reporting of incidents involving harmful substances. The Act requires ships to adhere to international standards and provides for the inspection and potential detention of vessels to ensure compliance. Additionally, Provision 5 (section 15) mandates that the General Manager of AMSA review decisions made by surveyors and that reasons for such decisions be provided to the applicant. Provision 8 (section 18) further stipulates that ship masters must comply with detention orders issued to prevent pollution. Failure to comply with the provisions outlined in the Marine Orders can result in significant penalties. For instance, under Provision 8.2.3 (section 18), a ship master who does not comply with a detention order may face civil and criminal consequences. The maximum penalties for breaches can include substantial fines and, in severe cases, imprisonment. Non-compliance with reporting requirements or other provisions can lead to further sanctions as specified under the Navigation Act and the Pollution Prevention Act. The enforcement of these penalties is intended to ensure that ships and their operators take the prevention of marine pollution seriously and adhere to the stipulated guidelines.

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