EXPLANATORY NOTES
Marine Orders, Part 94
(Marine Pollution Prevention—Packaged Harmful Substances)
Issue 5
Order No 8 of 2009
Purpose
1. 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.
Power
2. 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.
3. 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.
4. Marine Orders, Part 94, 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.
Consultation
5. A copy of the draft of Part 94, Issue 5, was circulated to relevant AMSA managers, Shipping Australia Limited, all seven survey authorities (ABS, BV, ClassNK, CCS, DNV, GL and LR), Australian Shipowners Association, Australian Maritime College, Australian Transport Safety Bureau, National Maritime Safety Committee and the Department of Infrastructure, Transport, Regional Development and Local Government for comment. All comments were considered. A copy of the draft was also placed on the AMSA web site for public comment.
Overview
6. The Pollution Prevention Act and the Navigation Act together give effect to Annex III of MARPOL 73/78.
7. The IMO adopted amendments to Annex III of MARPOL 73/78 by virtue of Resolution MEPC.156(55). Regulation 4 – Documentation, of Annex III has been expanded to require, at any stopover where any rearrangement of cargo is carried out, a revision of the documents listing the harmful substances and their locations on board be made available before departure.
8. The opportunity has also been taken to update the Order in line with current drafting practices by updating definitions and formatting.
Contents of the Order
9. 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.
10. Provision 2 provides a definition of words and phrases used in the Marine Order.
11. Provision 3 provides and interpretation of words and phrases necessary for a proper understanding of this Marine Order.
12. Provision 4 specifies the ships to which this Part applies.
13. Provision 5 provides for an internal review by the Deputy CEO of a decision made by a surveyor under this Part. The provision also provides for a review by the Administrative Appeals Tribunal of the Deputy CEO’s decision and for a statement of reasons to be provided by the Deputy CEO to an applicant regarding his or her decision.
14. 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.
15. 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.
16. 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.
17. The Appendix provides the format for the Marine Pollutants Report Form.
Documents incorporated by reference
- MARPOL 73/78, Consolidated Edition, 2006;
- International Maritime Dangerous Goods (IMDG) Code 2008 Edition.
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Australian Maritime Safety Authority
November 2009