Marine Orders - Part 95: Marine Pollution Prevention - Garbage, Issue 4 (Order No. 6 of 2005)

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EXPLANATORY NOTES

Marine Orders, Part 95

(Marine Pollution Prevention-Garbage)

Issue 4

Order No 6 of 2005

 

 

Authority

 

1. Subsection 33(1) of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 (the Pollution Prevention Act) empowers the Governor-General to make regulations necessary or convenient for carrying out or giving effect to that Act.

2. Subsection 34(1) of the Pollution Prevention Act allows the Australian Maritime Safety Authority (AMSA) to make orders with respect to matters in the Act for or in relation to which provision may be made by regulations.

3. Marine Orders, Part 95, Issue 4, was made pursuant to subsection 34(1).

 

Purpose

 

 4. Part 95 has been made to give effect to Regulation 8 of Annex V (dealing with port State control on operational requirements) and prescribes matters in relation to Regulation 9 of Annex V (dealing with placards, garbage management plans and garbage record-keeping) to the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78).

 5. This issue has also been made to repeal Issue 3 of Marine Orders Part 95.

 

Consultation

 

 6. A draft copy of this issue was made available to the Australian Shipowners Association, Shipping Australia Limited, and recognised class societies. A draft copy was placed on the AMSA internet website for public comment.

 

 7. The Office of Regulation Review (ORR) advised that a mandatory regulation impact statement was not required. ORR ID No.7430 confirms that the Government’s regulatory best practice requirements have been met.

 

Overview

 

8. The International Maritime Organization (IMO) had recently adopted amendments to various Annexes to MARPOL 73/78, including Annex V. Resolution MEPC.116(51) adopted the following amendments to the Appendix to Annex V:

  • Cargo residues has been added to garbage category 4 in section 3 of the form of Garbage Record Book;
  • For cargo residue discharges, the discharge start and stop positions must be entered in the Garbage Record Book (reference paragraph 4.1(a)(ii) of the garbage record book); and
  • The note included in the Record of Garbage Discharges has been amended by the addition of the following sentence: Discharges of cargo residues require start and stop positions to be recorded.

 

 9. Consequently, footnote #1 in this issue of Part 95 which provides reference to the MARPOL amendments, has been updated.

 

10. The opportunity has been taken to add the new provision 4.2 in relation to the application of sections 26FA, 26FB and 26FC of the Protection of the Sea Act to foreign registered ships.

 

11. The opportunity has also been taken to do minor reformatting to reflect the current drafting style of Marine Orders and update footnotes and definitions.

 

Contents of the Order

 

12. Provision 1 indicates the purpose and power for which this Part has been made pursuant to the Pollution Prevention Act.

 

13. Provision 2 provides definitions and Provision 3 provides interpretations both of which are necessary for proper understanding of this Part.

 

14. Provision 4 outlines the ships to which this Part applies. It further provides that sections 26FA, 26FB and 26FC of the Pollution Prevention Act apply to foreign ships in certain circumstances.

 

15. Provision 5 provides for an internal review by the General Manager of a decision made by a surveyor under this Part. This provision also provides for a review by the Administrative Appeals Tribunal of specified decisions made under this Part and for a statement of reasons to be provided by the decision-maker upon request of an applicant.

 

16. Provision 6 prescribes matters for the purposes of the Pollution Prevention Act that apply to this Part.

 

17. Provision 7 provides that a ship may be inspected and detained to prevent possible pollution to the marine environment. Provision 7.2.3 is a penal provision.

 


Documents incorporated by Reference

 

The following publication 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.

 

The following IMO resolutions referred to in this issue Part 95 and in the footnotes 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);
  • MEPC.71(38) Guidelines for the development of garbage management plans.

 

 

Australian Maritime Safety Authority

July 2005

 

 

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