Marine Orders - Part 96: Marine Pollution Prevention - Sewage, Issue 1 (Order No. 3 of 2004)

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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

 

Overview

The Marine Orders, Part 96 (Sewage) issued in 2004, under the authority granted by the Navigation Act 1912 and the Protection of the Sea (Prevention of Pollution from Ships) Act 1983, aim to align Australian maritime regulations with the International Convention for the Prevention of Pollution from Ships (MARPOL). This piece of legislation was enacted to address the need for stricter regulations on sewage discharge from ships to protect marine ecosystems, reflecting Australia’s commitment to international maritime environmental standards. The Australian Maritime Safety Authority (AMSA) was tasked with creating these orders, which aim to prevent pollution from ships by enforcing stringent sewage management practices on vessels operating within Australian waters. The policy objective is to ensure compliance with MARPOL Annex IV, which governs the discharge of sewage from ships, thereby mitigating the environmental impact of maritime activities.

Scope and Application

The Marine Orders, Part 96 (Sewage), issued under the authority of the Navigation Act 1912 and the Protection of the Sea (Prevention of Pollution from Ships) Act 1983, applies to all ships that are subject to Annex IV of the International Convention for the Prevention of Pollution from Ships (MARPOL). This encompasses vessels engaged in international voyages, irrespective of their flag state, as well as Australian ships. The Order ensures compliance with the standards set by MARPOL Annex IV, which mandates specific requirements for sewage treatment and discharge. It also provides exemptions for naval auxiliaries from holding a sewage certificate, subject to certain conditions. The provisions of this Order can be modified through subordinate instruments to accommodate different types of ships or specific situations, ensuring flexibility in application while maintaining stringent pollution prevention measures. The Order is enforceable across Australian waters and applies to all ships that enter these waters, reinforcing Australia’s commitment to international maritime environmental standards.

Key Provisions

The Marine Orders, Part 96, issued under the authority of the Navigation Act 1912 and the Protection of the Sea (Prevention of Pollution from Ships) Act 1983, primarily aim to implement the requirements of the International Convention for the Prevention of Pollution from Ships (MARPOL) Annex IV (section 425(1) and 425(1AA) of the Navigation Act, section 33(1) and 34(1) of the Pollution Prevention Act). The Orders were gazetted on 19 May 2004 and are intended to provide a legal framework for the prevention of pollution from ship sewage in Australian waters, aligning with international standards. The provisions of this Order are designed to ensure that ships comply with MARPOL Annex IV regulations, which detail the treatment and discharge of sewage from ships, and to enforce these requirements domestically. The obligations imposed by these Orders on the parties they govern include ensuring that ships are equipped with appropriate sewage treatment systems and that they maintain and inspect these systems regularly (Provision 7). Ship owners and operators must also ensure that their vessels are surveyed and certified according to the standards set out in MARPOL Annex IV (Provision 8). Furthermore, they must hold a valid International Sewage Pollution Prevention Certificate and report any accidents or defects related to the sewage system to the relevant authorities (Provision 8.5.3). The Orders also mandate that any alterations or damage to the sewage system must be notified to the Chief Marine Surveyor and documented appropriately (Provision 9 and Provision 10). Ship owners and operators are required to comply with detention orders if their vessel is found non-compliant during inspection (Provision 11.2.3). Failure to comply with these provisions can result in significant consequences. For instance, operating a ship without a valid sewage certificate, or with an invalid certificate, can lead to the detention of the vessel (Provision 11.2.1 and 11.2.3). Additionally, the master of a ship who fails to comply with a detention order can face serious penalties (Provision 11.2.3). The specific penalties for breaches are not detailed in the explanatory notes, but under the broader framework of the Navigation Act and the Pollution Prevention Act, violations can lead to substantial fines and potential imprisonment. The exact penalties would depend on the nature and severity of the offence, but they are likely to be severe given the environmental and public health implications of non-compliance with sewage discharge regulations.

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