EXPLANATORY NOTES
Marine Orders, Part 96 (Sewage)
Issue 1
Order No 3 of 2004
Authority
1. Section 425(1) of the Navigation Act 1912 (the Navigation Act) and Section 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 the Navigation Act and the Pollution Prevention Act.
2. Section 425(1AA) of the Navigation Act and section 34(1) of the Pollution Prevention Act allows the Australian Maritime Safety Authority (AMSA) to make orders in relation to which provision may be made by regulations.
3. Marine Orders, Part 96, Issue 1, was made pursuant to section 425(1AA) of the Navigation Act and section 34(1) of the Pollution Prevention Act.
Gazettal
4. Arrangements have been made for this issue to be gazetted in the Commonwealth of Australia Gazette, Government Notices, Wednesday 19 May 2004.
Purpose
5. Part 96 has been made to give effect to Article 5(2) of the International Convention for the Prevention of Pollution from Ships (MARPOL) and to Regulations 4, 9 and 10 of Annex IV of MARPOL and to prescribe matters for the purposes of Division 12C of Part IV of the Navigation Act and Division 2 of Part IIIB of the Pollution Prevention Act.
Consultation
6. A copy of the draft of Part 96 was circulated to relevant AMSA managers, Shipping Australia Limited, Australian Shipowners Association, recognised class societies, National Maritime Safety Commission and Department of Transport and Regional Services for comment. All appropriate comments were considered. A copy of the draft was also placed on the AMSA internet site for public comment.
Overview
7. Annex IV of MARPOL entered into force internationally on 27 September 2003. This Annex sets out in detail survey and certification requirements; how sewage should be treated or held aboard ship; and the circumstances in which discharge into the sea may be allowed.
8. The Parliament of Australia recently enacted the Maritime Legislation Amendment (Prevention of Pollution from ships) Act 2003 (No 7, 2003). This Act amends the Navigation Act and the Pollution Prevention Act in relation to Annex IV (sewage). Annex IV will formally enter into force for Australia on 27 May 2004.
9. Part 96 is a new Part that will give effect to the relevant regulations of the revised Annex IV and Article 5(2) of MARPOL.
Contents of the Order
10. Provision 1 indicates the purpose of this Order, and the power to make this Order, pursuant to the Navigation Act and Pollution Prevention Act.
11. Provision 2 provides definitions and Provision 3 provides interpretations as necessary for proper understanding of the Order.
12. Provision 4 prescribes the types of ships to which this Part applies.
13. Provision 5 provides for the application of provisions of this Part to be modified in respect of a ship and for the acceptance of another fitting, material, appliance or apparatus or type, that is, at least, effective as that required under the Part.
14. Provision 5 also provides for the exemption of naval auxiliaries from the requirement of holding a sewage certificate.
15. Provision 6 provides for an internal review by the General Manager of a decision made by the Chief Marine 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 7 specifies the types of sewage systems and discharge connections required on a ship to which Annex IV of MARPOL applies.
17. Provision 8 specifies survey, inspection and maintenance requirements for ships to which Annex IV of MARPOL applies. Provision 8.5.3 is a penal provision that provides the requirement and conditions of reporting an accident or defect on a ship.
18. Provision 9 prescribes the form of sewage certificate that certifies a ship has been constructed and equipped in accordance with Annex IV of MARPOL. Provision 9 also specifies the period for which such a certificate can remain in force; the permissible commencement dates of renewed certificates; and also prescribes conditions under which the Chief Marine Surveyor may extend the validity of a certificate beyond the expiry date. This provision also prescribes conditions that would render a sewage certificate invalid.
19. Provision 10 specifies, for the purposes of a ship that holds a sewage certificate, the prescribed officers to whom notification of alterations or damage to a ship must be given and the form that must be used for the notification.
20. Provision 10 specifies the manner of serving notices that are addressed to the owner of a ship, for the purposes of cancelling a sewage certificate held by an Australian ship or for giving a direction to a foreign ship.
21. Provision 10 also specifies the Chief Marine Surveyor as the prescribed officer who may require the owner or master of a ship to discharge sewage at a reception facility.
22. Provision 11 2.1 and Provision 11.2.2 provides for the inspection and detention of a ship in relation to non-compliance with the particulars of an International Sewage Pollution Prevention Certificate or where there is no such valid certificate on board the ship. Provision 11.2.3 requires the master of a ship to comply with a detention order made under 11.2.1. This is a penal provision.
23. Appendix 1 provides the prescribed form to be used in relation to giving notice of an alteration or damage to an Australian ship.
Australian Maritime Safety Authority
May 2004