{"id":"F2018L00160","name":"Marine Order 95 (Marine pollution prevention — garbage) 2018","slug":"marine-order-95-marine-pollution-prevention-garbage-2018","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":439489,"registerId":"F2018L00160-fast-fetch-1775955497071","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Marine Order 95 (Marine pollution prevention — garbage) 2018","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![](image.001.png)\n\nAMSA MO 2018/1\n\nMarine Order 95 (Marine pollution prevention — garbage) 2018\n\nI, Michael Kinley, Chief Executive Officer of the Australian Maritime Safety Authority, make this Order under subsection 34(1) of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n23 February 2018\n\nMichael Kinley  Chief Executive Officer\n\n \n\nDivision 1 Preliminary\n\n1 Name of Order\n\n1A Commencement\n\n1B Repeal of Marine Order 95 (Marine pollution prevention — garbage) 2013\n\n2 Purpose\n\n3 Power\n\n4 Definitions\n\n5 Application\n\nDivision 2 Discharge of garbage — prescribed matters\n\n6 Cargo residue substances\n\n7 Discharge of animal carcasses\n\n8 Cleaning agents or additives\n\nDivision 3 Garbage record books and management plans\n\n9 Garbage records — foreign ships\n\n10 Garbage record book — prescribed matters\n\n11 Garbage management plans — foreign ships\n\n12 Garbage management plan — prescribed matter\n\n \n\n \n\nDivision 1 Preliminary\n\n1 Name of Order\n\n  This Order is Marine Order 95 (Marine pollution prevention — garbage) 2018.\n\n1A Commencement\n\n  This Order commences on 1 March 2018.\n\n1B Repeal of Marine Order 95 (Marine pollution prevention — garbage) 2013\n\n  Marine Order 95 (Marine pollution prevention — garbage) 2013 is repealed.\n\n2 Purpose\n\n  This Order:\n\n(a) gives effect to Annex V of MARPOL (which deals with the prevention of pollution by garbage from ships); and\n\n(b) prescribes matters for Part IIIC of the Pollution Prevention Act (which deals with the prevention of pollution by garbage);\n\n(c) provides for some provisions of the Pollution Prevention Act that apply to Australian ships to also apply to foreign ships.\n\n3 Power\n\n  The following provisions of the Pollution Prevention Act provide for this Order to be made:\n\n(a) subsection 32(1) which provides that the regulations may apply to foreign ships provisions of the Act about the record books that are required to be carried by Australian ships;\n\n(b) subsection 32(1B) which provides that the regulations may apply to foreign ships provisions of the Act about the garbage management plans that are required to be kept on board Australian ships;\n\n(c) paragraphs 33(1)(a) and (b) which provide for regulations to be made prescribing matters required or permitted to be prescribed, or that are necessary or convenient to be prescribed for carrying out or giving effect to the Act;\n\n(d) paragraph 33(1)(c) which provides for regulations under paragraphs 33(1)(a) and (b) to be made to give effect to MARPOL;\n\n(e) subsection 34(1) which provides that the Authority may make orders for any matter (other than the imposition of penalties) for which provision may be made by regulation.\n\n4 Definitions\n\n  In this Order:\n\nanimal carcass has the meaning given by Annex V.\n\nAnnex III means Annex III of MARPOL\n\nAnnex V means Annex V of MARPOL.\n\ncargo residue has the meaning given by Annex V.\n\nNote 1   Some terms used in this Order are defined in Marine Order 1 (Administration) 2013, including:\n\n- IMO\n- national law\n- Navigation Act\n- MARPOL\n- Pollution Prevention Act.\n\n\nNote 2   Other terms used in this Order are defined in the Pollution Prevention Act, including:\n\n- Authority\n- Polar Code.\n\n\nNote 3   For delegation of the Authority’s powers under this Order — see the Australian Maritime Safety Authority (AMSA) website at http://www.amsa.gov.au.\n\nNote 4   Information on obtaining copies of any IMO Resolution, IMO document or other document that is mentioned in this Order is available from the AMSA website Marine Orders link at http://www.amsa.gov.au.\n\n5 Application\n\n  This Order applies to an Australian ship and a foreign ship.\n\nNote   Subsection 33(2) of the Pollution Prevention Act has the effect that this Order does not apply to certain ships covered by Annex V, in a particular area, if a law of a State or the Northern Territory, or the national law, applies Annex V to those ships in that area.\n\nDivision 2 Discharge of garbage — prescribed matters\n\n6 Cargo residue substances\n\n  For paragraph 26F(7)(d) and subparagraph 26F(8C)(c)(i) of the Pollution Prevention Act, each substance that is considered harmful to the marine environment in accordance with Appendix I of Annex V is prescribed.\n\n7 Discharge of animal carcasses\n\n  For paragraph 26F(8)(d) of the Pollution Prevention Act:\n\n(a) the animal carcass must have been:\n\n (i) manually slit or cut so that its thoracic and abdominal cavities are opened; or\n\n (ii) passed through a comminuter, grinder, hogger, mincer or similar equipment; and\n\n(b) the discharge must comply with section 2.12 of the 2017 Guidelines for the implementation of MARPOL Annex V adopted by IMO Resolution MEPC.295(71) and as amended from time to time.\n\n8 Cleaning agents or additives\n\n  For paragraphs 26F(8A)(c) and 26F(8D)(d) and subparagraph 26F(8C)(c)(ii) of the Pollution Prevention Act, a cleaning agent or additive is prescribed if it:\n\n(a) was in the cargo hold, deck or external surfaces wash water of the ship; and\n\n(b) either:\n\n (i) is identified as a harmful substance according to the criteria in the Appendix to Annex III; or\n\n (ii) contains a component that is carcinogenic, mutagenic or reprotoxic.\n\nDivision 3 Garbage record books and management plans\n\n9 Garbage records — foreign ships\n\n  For subsection 32(1) of the Pollution Prevention Act, sections 26FA and 26FB of the Act apply to a foreign ship, as if it were an Australian ship, when it is in:\n\n(a) a port in Australia; or\n\n(b) the territorial sea of Australia; or\n\n(c) the sea on the landward side of the territorial sea of Australia on its way to or from a port in Australia.\n\nNote 1   Section 26FA deals with maintaining a garbage record book. Section 26FB deals with the retention of a garbage record book.\n\nNote 2   Some provisions of the Pollution Prevention Act apply only to Australian ships. Subsection 32(1) of the Act provides that the regulations may provide for these provisions to apply also to foreign ships, if the subject matter is about record books. Most other provisions of the Pollution Prevention Act apply to Australian and foreign ships, including those mentioned in sections 6, 7 and 8 of this Order.\n\n10 Garbage record book — prescribed matters\n\n (1) For subsection 26FA(3) of the Pollution Prevention Act, the form set out in Appendix II to Annex V is prescribed.\n\n (2) For subsection 26FA(6) of the Pollution Prevention Act, each of the following operations or occurrences is prescribed:\n\n(a) discharge of garbage to a reception facility ashore or to another ship;\n\n(b) incineration of garbage;\n\n(c) discharge of garbage into the sea in accordance with:\n\n (i)  regulation 4, 5 or 6 of Annex V; or\n\n (ii) Chapter 5 of Part II-A of the Polar Code;\n\n(d) accidental or other exceptional discharge or loss of garbage into the sea, including the matters mentioned in regulation 7 of Annex V.\n\n11 Garbage management plans — foreign ships\n\n  For subsection 32(1B) of the Pollution Prevention Act, section 26FC of the Act applies to a foreign ship, as if it were an Australian ship, when it is in:\n\n1.       a port in Australia; or\n2.       the territorial sea of Australia; or\n3.       the sea on the landward side of the territorial sea of Australia.\n\n\nNote 1   Section 26FC relates to the keeping of a garbage management plan on board ship.\n\nNote 2   Some provisions of the Pollution Prevention Act apply only to Australian ships. Subsection 32(1B) of the Act provides that the regulations may provide for these provisions to apply also to foreign ships, if the subject matter is about garbage management plans. Most other provisions of the Pollution Prevention Act apply to Australian and foreign ships, including those mentioned in sections 6, 7 and 8 of this Order.\n\n12 Garbage management plan — prescribed matter\n\n  For subsection 26FC(3) of the Pollution Prevention Act, the garbage management plan must be in a form that includes the matters mentioned in section 4 of the 2012 Guidelines for the Development of Garbage Management Plans set out in the Annex to IMO Resolution MEPC.220(63) and as amended from time to time.\n\nNote   The matters mentioned in the Guidelines are about designating a person in charge of carrying out the plan, and procedures for collecting, processing, storing and discharging garbage.\n\n \n\nNote\n\n1. All legislative instruments and compilations of legislative instruments are registered on the Federal Register of Legislation under the Legislation Act 2003. See https://www.legislation.gov.au.\n\n \n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The Order appears consistent with its original purpose. It implements Annex V of MARPOL and prescribes matters for Part IIIC of the Pollution Prevention Act, which is precisely what the purpose clause (section 2) states. The extension of record-keeping and management plan requirements to foreign ships (sections 9 and 11) is explicitly authorised by subsections 32(1) and 32(1B) of the parent Act, and is a standard feature of marine pollution legislation rather than scope creep."},"complexity_factors":["Heavy reliance on external documents: The Order incorporates by reference multiple international instruments (MARPOL Annex V, Annex III, IMO Resolution MEPC.295(71), IMO Resolution MEPC.220(63), the Polar Code) without reproducing their content","Cross-referencing to primary legislation: Multiple provisions refer to specific subsections of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 (e.g., paragraphs 26F(7)(d), 26F(8C)(c)(i), subsections 26FA(3), 26FC(3))","Layered application provisions: Section 5 and sections 9/11 create conditional geographic scope (ports, territorial sea, landward side of territorial sea) with differential treatment of Australian vs foreign ships","Delegated definitions: Key terms ('animal carcass', 'cargo residue') are defined by reference to Annex V rather than defined in the Order itself","Temporal amendment clauses: References to documents 'as amended from time to time' create dynamic incorporation of future changes to international standards"],"plain_english_summary":"This Order implements Australia’s MARPOL obligations by setting rules for how ships must handle and dispose of garbage in Australian waters, applying to both Australian and foreign vessels in ports, territorial seas, or approaching them. It requires onboard waste-management arrangements and record-keeping to prevent marine pollution and ensure consistent enforcement of environmental standards."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Order repeals the 2013 Marine Order 95 (s1B) and replaces it with updated prescriptions implementing Annex V and specific IMO guidance (ss2,6–8,10,12). It widens operational detail (technical handling, prescribed harmful substances) and explicitly applies garbage record-book and management-plan obligations to foreign ships while in Australian ports, territorial sea or adjacent waters (ss9,11)."},"complexity_factors":["Frequent cross-references to MARPOL Annex V and external IMO guidelines and resolutions (ss2,6,7,10,12) increase legal-technical complexity.","Prescriptive technical rules for handling waste streams (cargo residues, cleaning agents, animal carcasses) require operational procedures and possible onboard equipment changes (ss6–8).","Record-keeping and plan content obligations extend to foreign ships in specified Australian waters, creating jurisdictional/compliance overlap (ss9,11).","Specified forms and guideline-based content (Appendix II to Annex V; 2012 and 2017 IMO Guidelines) mean compliance depends on interpreting external documents (ss10(1),12).","AMSA’s enabling and delegation powers interact with the Pollution Prevention Act, adding administrative discretion and enforcement pathways (s3, note on delegation).","Repeal and replacement of the 2013 Order requires operators to track changes and update existing procedures (s1B)."],"plain_english_summary":"Marine Order 95 updates and replaces the 2013 Marine Order to implement MARPOL Annex V and set concrete rules for ship-generated garbage. It prescribes which cargo residues and cleaning agents are harmful (s6, s8), how animal carcasses must be processed before discharge (s7), and requires garbage record books and management plans (including prescribed forms and contents) to apply to foreign ships in Australian waters (ss9–12). Ship operators carry the compliance and record-keeping burden; the Australian Maritime Safety Authority makes and enforces the Order (s3, s1B)."}},"importantCases":[],"_links":{"self":"/api/acts/marine-order-95-marine-pollution-prevention-garbage-2018","history":"/api/acts/marine-order-95-marine-pollution-prevention-garbage-2018/history","analysis":"/api/acts/marine-order-95-marine-pollution-prevention-garbage-2018/analysis","conflicts":"/api/acts/marine-order-95-marine-pollution-prevention-garbage-2018/conflicts","importantCases":"/api/acts/marine-order-95-marine-pollution-prevention-garbage-2018/important-cases","documents":"/api/acts/marine-order-95-marine-pollution-prevention-garbage-2018/documents"}}