Overview

The Marine Orders, Part 94 (Marine Pollution Prevention—Packaged Harmful Substances) issued in 2009 under the authority of the Navigation Act 1912 and the Protection of the Sea (Prevention of Pollution from Ships) Act 1983, were enacted to implement Annex III of the International Convention for the Prevention of Pollution from Ships 1973 (MARPOL 73/78), as amended by the Protocol of 1978. This legislative measure was introduced to address the need for updated regulations concerning packaged harmful substances on ships to prevent marine pollution. The Australian Maritime Safety Authority (AMSA) was tasked with creating these orders to align with international maritime standards, ensuring that Australian waters remain protected against pollution from ships. The orders also incorporated feedback from a wide range of stakeholders, including shipping companies, classification societies, and maritime colleges, to ensure comprehensive coverage and practicality in implementation.

Scope and Application

The Marine Orders, Part 94, Issue 5, made under the Navigation Act 1912 and the Protection of the Sea (Prevention of Pollution from Ships) Act 1983, applies to ships subject to Australian jurisdiction, aiming to enforce Annex III of the International Convention for the Prevention of Pollution from Ships 1973, as amended by the Protocol of 1978 (MARPOL 73/78). This legislation targets packaged harmful substances, ensuring their safe handling, documentation, and prevention of pollution at sea. The provisions cover the obligations of ship masters, the requirement for updated documentation during stopovers, and the methods for reporting incidents. The Order also details the inspection and detention of ships to enforce compliance with these provisions, including a penal provision for non-compliance with detention orders. The Australian Maritime Safety Authority (AMSA) is responsible for implementing these regulations, with provisions for internal and external review of decisions made under the Order. The scope of this legislation is broad, encompassing all Australian ships that may carry packaged harmful substances, and extends to any international ship within Australian territorial waters.

Key Provisions

The main operative sections of the Marine Orders, Part 94, Issue 5, provide detailed provisions regarding the prevention of pollution from packaged harmful substances on ships. Provision 2 defines terms and phrases used throughout the Order, such as "harmful substance" and "prescribed officer" (Provision 2). Provision 3 offers interpretation necessary for understanding the Marine Order, while Provision 4 specifies the types of ships to which these regulations apply (Provision 4). Provision 5 outlines the internal review process by the Deputy Chief Executive Officer of a surveyor's decision, including provisions for review by the Administrative Appeals Tribunal and the requirement for the Deputy CEO to provide a statement of reasons (Provision 5). Provision 6 integrates relevant regulations from Annex III of MARPOL 73/78 into Commonwealth law, making them legally binding (Provision 6). Provision 7 details various matters such as the washing of substances overboard, the role of a prescribed officer, notification procedures for incidents, acceptable methods of reporting incidents, and the timeframe for lodging such reports (Provision 7). Provision 8 governs the inspection and detention of ships to prevent pollution, including a penal provision that mandates shipmasters to comply with detention orders (Provision 8). The Appendix provides the format for the Marine Pollutants Report Form, which is essential for documenting incidents and compliance (Appendix). The Act imposes several obligations and requirements on the parties it governs. Shipowners and operators must ensure that their vessels comply with the provisions outlined in the Marine Orders, Part 94. This includes maintaining accurate documentation of harmful substances on board, reporting incidents promptly, and preventing the discharge of harmful substances into the sea. The designated prescribed officer on each ship must be knowledgeable about the regulations and procedures for handling and reporting incidents involving harmful substances. Additionally, the Act requires the inspection and detention of ships to enforce compliance with the pollution prevention measures. Shipmasters are obligated to comply with any detention orders issued under the Act to ensure that their vessels do not pose a risk of pollution. Breaches of the Marine Orders, Part 94 can lead to various civil and criminal consequences. Under Provision 8.2.3, the master of a ship who fails to comply with a detention order commits an offence and is liable to a penalty. The maximum penalty for this offence is specified as 200 penalty units, which, as of the current Australian legal standards, translates to a substantial financial penalty. Additionally, any failure to report incidents involving harmful substances or to comply with other provisions of the Act can result in further penalties and enforcement actions. These may include fines, detention of the vessel, and other measures deemed necessary to ensure compliance with the Act and to prevent marine pollution. The seriousness of these penalties underscores the importance of adhering to the regulations outlined in the Marine Orders, Part 94.