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

 

 

Overview

The Marine Orders, Part 95, Issue 4, was enacted in 2005 to implement the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78) and provide a legal framework for the regulation of garbage disposal by ships in Australian waters. This was necessary to address the gaps in existing legislation regarding marine pollution and ensure compliance with international standards. The enacting body for these orders was the Australian Maritime Safety Authority (AMSA), as empowered by the Protection of the Sea (Prevention of Pollution from Ships) Act 1983. The policy objective was to enhance marine environmental protection by ensuring that ships operating in Australian waters adhere to stringent international standards for the management and disposal of ship-generated garbage. This legislative measure was designed to prevent and mitigate the risks of marine pollution and uphold the marine environment's integrity.

Scope and Application

The Marine Orders, Part 95, issued under the authority of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983, applies to all ships subject to the Act, including Australian-registered vessels and foreign ships when within Australian jurisdiction. This Act is designed to give effect to the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78), specifically Regulation 8 of Annex V, which pertains to port State control on operational requirements, and Regulation 9 of Annex V, which relates to placards, garbage management plans, and garbage record-keeping. The Order includes provisions for internal reviews and the ability to inspect and detain ships to prevent marine pollution. It also extends the application of sections 26FA, 26FB, and 26FC of the Pollution Prevention Act to foreign ships under certain circumstances. The Order incorporates amendments made by the International Maritime Organization (IMO) and updates various references and definitions to align with current practices. The scope of the Order is broad, aiming to ensure compliance with international standards to protect the marine environment.

Key Provisions

The Marine Orders, Part 95, Issue 4, focuses primarily on implementing the requirements of Regulation 8 of Annex V of the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78). This legislation mandates that ships comply with certain provisions concerning port State control on operational requirements and other related matters (Section 14). Specifically, it requires ships to adhere to the standards set forth in Regulation 9 of Annex V, which deals with placards, garbage management plans, and garbage record-keeping. Furthermore, this part of the Marine Orders extends the application of sections 26FA, 26FB, and 26FC of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 to foreign ships under certain conditions (Section 14). Ships falling under the jurisdiction of this legislation must comply with several key requirements. Firstly, they must ensure that their garbage management plans are compliant with the international standards set by MARPOL 73/78 (Section 6). Secondly, ships are required to maintain accurate garbage record books, documenting the disposal of all types of garbage, including newly added cargo residues (Section 6). Additionally, placards must be displayed as required, and the positions for the start and stop of any cargo residue discharges must be meticulously recorded (Section 6). Compliance with these provisions is crucial to prevent pollution of the marine environment. Violations of the provisions outlined in this legislation can result in significant penalties. For instance, any person who fails to comply with the garbage record-keeping requirements or improperly disposes of garbage could face substantial fines. The maximum penalty for contravening the requirements under Section 7.2.3, which deals with the detention of ships to prevent pollution, is significant. Additionally, the legislation provides for internal reviews of decisions made by surveyors and allows for judicial review by the Administrative Appeals Tribunal, ensuring that any decisions made under this Act can be challenged if deemed unfair or incorrect (Section 5). These measures are intended to enforce compliance and maintain the integrity of the marine environment. In summary, the Marine Orders, Part 95, Issue 4, sets forth stringent requirements for ships to follow in order to prevent marine pollution, particularly concerning garbage disposal and record-keeping. The legislation imposes obligations on ships to maintain compliance with international standards and provides mechanisms for enforcement and review. Non-compliance can lead to severe penalties, underscoring the importance of adhering to the provisions set forth in this Act.

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