{"id":"F2018L00329","name":"Marine Order 96 (Marine pollution prevention — sewage) 2018","slug":"marine-order-96-marine-pollution-prevention-sewage-2018","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":439545,"registerId":"F2018L00329-fast-fetch-1775955531024","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Marine Order 96 (Marine pollution prevention — sewage) 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 2018/4\n\nMarine Order 96 (Marine pollution prevention — sewage) 2018\n\nI, Michael Kinley, Chief Executive Officer of the Australian Maritime Safety Authority, make this Order under subsection 342(1) of the Navigation Act 2012 and subsection 34(1) of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.\n\n15 March 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 96 (Marine pollution prevention — sewage) 2013\n\n2 Purpose\n\n3 Power\n\n4 Definitions and interpretation\n\n5 Application\n\n6 Review of decisions\n\nDivision 2 Systems, equipment etc required by Annex IV\n\n7 Sewage systems\n\n8 Sewage systems for vessels discharging in special areas\n\n9 Standard discharge connections\n\nDivision 3 Certificates\n\n10 Certificates required\n\n11 Applying for certificates\n\n12 Criteria for issue of ISPP certificates\n\n13 Conditions of ISPP certificates\n\n14 Commencement and duration of certificates\n\n15 Criteria for variation of ISPP certificates\n\n16 Criteria for revocation of ISPP certificates\n\n17 Notifying alterations\n\nDivision 4 Requirements for foreign vessels\n\n18 Requirements for foreign vessels\n\nDivision 5 Marine incidents\n\n19 Marine incidents\n\nDivision 6 Matters prescribed for the Pollution Prevention Act\n\n20 Rate of discharge of untreated sewage\n\n21 Approval to discharge sewage\n\n22 Discharge of sewage by prescribed passenger ships in special areas\n\n \n\nDivision 1 Preliminary\n\n1 Name of Order\n\n  This Order is Marine Order 96 (Marine pollution prevention — sewage) 2018.\n\n1A Commencement\n\n  This Order commences on 1 April 2018.\n\n1B Repeal of Marine Order 96 (Marine pollution prevention — sewage) 2013\n\n  Marine Order 96 (Marine pollution prevention — sewage) 2013 is repealed.\n\n2 Purpose\n\n  This Order:\n\n(a) gives effect to Annex IV (which is the Annex to MARPOL that deals with the prevention of marine pollution by sewage from ships); and\n\n(b) provides for matters for Chapter 4 of the Navigation Act (which deals with prevention of pollution from vessels); and\n\n(c) prescribes matters for Division 1 of Part IIIB of the Pollution Prevention Act (which gives effect to Australia’s obligations regarding the discharge of untreated sewage in the Antarctic Area under Annex IV of the Antarctic Protocol); and\n\n(d) provides for matters for Division 1A of Part IIIB of the Pollution Prevention Act (which gives effect to Australia’s obligations regarding the discharge of sewage in the Antarctic Area or Arctic waters under Annex IV and the Polar Code); and\n\n(e) prescribes matters for Division 2 of Part IIIB of the Pollution Prevention Act (which deals with the discharge of sewage in areas other than the Antarctic area).\n\n3 Power\n\n (1) This Order is made under both the Navigation Act and the Pollution Prevention Act.\n\n (2) The following provisions of the Navigation Act provide for this Order to be made:\n\n(a) section 130 which provides that the regulations may provide for pollution certificates;\n\n(b) section 314 which provides that the regulations may prescribe various matters about certificates;\n\n(c) subsection 339(1) which provides for regulations to be made prescribing matters required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act;\n\n(d) paragraph 340(1)(c) which provides that the regulations may provide for giving effect to MARPOL;\n\n(e) subsection 342(1) which provides that AMSA may make orders about matters that can be provided for by regulations.\n\n (3) The following provisions of the Pollution Prevention Act provide for this Order to be made:\n\n(a) 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(b) 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(c) subsection 34(1) which provides that AMSA may make orders for any matter (other than the imposition of penalties) for which provision may be made by regulation.\n\n4 Definitions and interpretation\n\n (1) In this Order:\n\n2012 Guidelines means the 2012 Guidelines on implementation of effluent standards and performance tests for sewage treatment plants adopted by IMO Resolution MEPC.227(64), as in force from time to time.\n\nAnnex IV means, other than in paragraph 2(c), Annex IV of MARPOL.\n\nISPP certificate (or International Sewage Pollution Prevention Certificate) means a certificate that:\n\n(a) is a pollution certificate relating to sewage issued under section 132 of the Navigation Act; and\n\n(b) is in the form of the International Sewage Pollution Prevention Certificate set out in the Appendix to Annex IV.\n\n (2) In this Order, a term that is used but is not defined for this Order, and is defined in MARPOL has the meaning given by MARPOL.\n\nExamples\n\nDefinitions of existing passenger ship and new passenger ship in Annex IV.\n\nNote 1   Some terms used in this Order are defined in Marine Order 1 (Administration) 2013, including:\n\n- IMO\n- MARPOL\n- Navigation Act\n- Pollution Prevention Act.\n\n\nNote 2   Other terms used in this Order are defined in the Navigation Act, including:\n\n- Australian nationality\n- issuing body\n- recognised organisation (for organisations that have been prescribed for the definition — see Marine Order 1 (Administration) 2013.\n\n\nNote 3   Other terms used in this Order are defined in the Pollution Prevention Act, including:\n\n- Antarctic Protocol\n- areas of ice concentration exceeding 1/10\n- Polar Code.\n\n\nNote 4   Most provisions of this Order are expressed using terms used in the Navigation Act (eg vessel). However, some provisions of this Order that are made solely under the Pollution Prevention Act use terms used in that Act (eg ship).  An example of a provision using terms used in the Pollution Prevention Act is section 22.\n\nNote 5   A copy of IMO documents mentioned in this Order is available on the IMO website at http://www.imo.org. Information on obtaining copies of IMO documents is also on AMSA’s website at http://www.amsa.gov.au.\n\nNote 6   For delegation of AMSA’s powers under this Order — see the AMSA website at http://www.amsa.gov.au.\n\n5 Application\n\n (1) This Order applies to a vessel that is:\n\n(a) a regulated Australian vessel; or\n\n(b) a foreign vessel; or\n\n(c) a recreational vessel; or\n\n(d) a domestic commercial vessel.\n\n (2) However, this Order does not apply to a vessel that is owned or operated by a country other than Australia and used, for the time being, on government non-commercial service.\n\n (3) Also, Divisions 2 and 3 do not apply to a vessel that is:\n\n(a)  a foreign vessel; or\n\n(b) a recreational vessel that does not have Australian nationality.\n\n (4) For this Order, Annex IV is taken to apply to a vessel that is owned and operated by the Commonwealth and is used, for the time being, on government non-commercial service.\n\nNote   The application of this Order is subject to subsection 33(2) of the Pollution Prevention Act and section 12 of the Navigation Act. Those provisions have the effect that parts of this Order that give effect to parts of MARPOL do not apply to certain vessels in an area if a law of a State or the Northern Territory or the Marine Safety (Domestic Commercial Vessel) National Law gives effect to the same parts of MARPOL for vessels in the area.\n\n6 Review of decisions\n\n  A decision under section 7, 8, 9 or 21 of this Order is taken to be a reviewable decision for Marine Order 1 (Administration) 2013.\n\nNote 1   Section 17 of Marine Order 1 (Administration) 2013 provides for internal review of decisions. A person affected by the review of a decision under section 17 may apply to the Administrative Appeals Tribunal for review (section 18 of Marine Order 1 (Administration) 2013).\n\nNote 2   Subsection 313(1) of the Navigation Act provides for review by the Administrative Appeals Tribunal of decisions under sections 132, 133 and 134 of the Act relating to pollution certificates.\n\nDivision 2 Systems, equipment etc required by Annex IV\n\n7 Sewage systems\n\n[MARPOL IV-9]\n\n  A vessel to which Annex IV applies and section 4.2 of the 2012 Guidelines does not apply must be equipped with:\n\n(a) a sewage treatment plant approved by an issuing body, that complies with:\n\n  (i) regulation 9 of Annex IV; and\n\n (ii) for a system installed on a vessel after 31 December 2015 — the 2012 Guidelines other than section 4.2; and\n\n (iii) for a system installed on a vessel after 31 December 2009  and before 1 January 2016 — the Revised guidelines on implementation of effluent standards and performance tests for sewage treatment plants, as adopted by IMO Resolution MEPC.159(55) on 13 October 2006; and\n\n (iv) for a system installed on a vessel before 1 January 2010 — the International effluent standards for sewage treatment plants and the Guidelines for performance tests for sewage treatment plants with respect to effluent standards, each as adopted by IMO Resolution MEPC.2(VI) on 3 December 1976; or\n\n(b) a sewage comminuting and disinfecting system approved by an issuing body, that complies with Regulation 9 of Annex IV; or\n\n(c) a holding tank approved by an issuing body, that complies with Regulation 9 of Annex IV.\n\n8 Sewage systems for vessels discharging in special areas\n\n[MARPOL IV-9]\n\n  A vessel to which both Annex IV and section 4.2 of the 2012 Guidelines apply must be equipped with:\n\n(a) a sewage treatment plant approved by an issuing body, that complies with section 4.2 of the 2012 Guidelines; or\n\n(b) a holding tank approved by an issuing body, that complies with Regulation 9 of Annex IV.\n\nNote   Section 4.2 of the 2012 Guidelines applies to new passenger ships after 31 December 2015 and to existing passenger ships after 31 December 2017. Section 4.2 deals with passenger ships discharging sewage in special areas designated in Annex IV.\n\n9 Standard discharge connections \n\n[MARPOL IV-10]\n\n (1) The vessel must have a standard discharge connection mentioned in Regulation 10 of Annex IV.\n\n (2) However, for a passenger vessel, the vessel’s discharge pipeline may be fitted with a discharge connection approved by an issuing body (eg a quick-connection coupling).\n\nDivision 3 Certificates\n\n[MARPOL IV-5]\n\n10 Certificates required\n\n  For subsection 130(3) of the Navigation Act (which enables the regulations to provide that specified kinds of vessels are required to have specified pollution certificates), a vessel to which Annex IV applies must have an ISPP certificate.\n\n11 Applying for certificates\n\n (1) For subsection 131(1) of the Navigation Act (which enables a person to apply to an issuing body for a pollution certificate specified in the regulations), an ISPP certificate is specified.\n\n (2) Division 3 of Marine Order 1 (Administration) 2013 (other than section 17) applies to an application to AMSA for a certificate mentioned in subsection (1).\n\nNote    Division 3 of Marine Order 1 (Administration) 2013 prescribes some general rules about the making and determination of various kinds of applications. Section 17 of that Order provides for internal review of decisions about applications. That section does not apply to decisions about pollution certificates because those decisions are reviewable under subsection 313(1) of the Navigation Act.\n\n12 Criteria for issue of ISPP certificates\n\n  For paragraph 132(1)(b) of the Navigation Act, the criteria for the issue of an ISPP certificate for a vessel are that the vessel:\n\n(a) has been surveyed in accordance with regulation 4 of Annex IV; and\n\n(b) complies with the requirements that apply to it under regulation 4 of Annex IV.\n\n13 Conditions of ISPP certificates\n\n  For paragraph 132(2)(a) of the Navigation Act, an ISPP certificate is subject to the following conditions:\n\n(a) the condition of the vessel and its equipment must be maintained to comply with Annex IV;\n\n(b) any survey mentioned in regulation 4 of Annex IV must be completed in accordance with the requirements of that regulation;\n\n(c) after a survey mentioned in regulation 4 of Annex IV has been completed, any change to the structure, equipment, systems, fittings, arrangements or materials covered by the survey (apart from direct replacement of equipment and fittings) must be approved by an issuing body.\n\n14 Commencement and duration of certificates\n\n  An ISPP certificate comes into force and ceases to be in force in accordance with Regulation 8 of Annex IV.\n\nNote   A certificate may be revoked in accordance with the criteria mentioned in this Division.\n\n15 Criteria for variation of ISPP certificates\n\n  For subsection 133(1) of the Navigation Act, the criteria for variation of an ISPP certificate for a vessel are that:\n\n(a) the vessel complies with the requirements that apply to it under Annex IV; and\n\n(b) the variation is in accordance with regulation 8 of Annex IV.\n\nNote   A variation may be in the form of an endorsement to a certificate. Endorsements are provided for in paragraphs 3 to 6 of regulation 8 of Annex IV.\n\n16 Criteria for revocation of ISPP certificates\n\n  For section 134 of the Navigation Act, the criteria for revocation of an ISPP certificate for a vessel are that:\n\n(a) a condition of the certificate has been breached; or\n\n(b) the vessel ceases to be registered in Australia.\n\n17 Notifying alterations\n\n  For paragraph 137(1)(c) of the Navigation Act, the period within which AMSA and each issuing body that issued the ISPP certificate for the vessel must be informed of an alteration to a vessel is 7 days after the alteration is made.\n\nNote 1   An approved form for the reporting of alterations to vessels is available from AMSA’s website — see http://www.amsa.gov.au.\n\nNote 2   For other reporting requirements — see Transport Safety Investigation Act 2003, sections 18 and 19.\n\nDivision 4 Requirements for foreign vessels\n\n18 Requirements for foreign vessels\n\n (1) A foreign vessel to which Annex IV applies must comply with the requirements of Annex IV that apply to the vessel.\n\n (2) A foreign vessel registered in a country that is not a party to Annex IV but is a vessel to which Annex IV would apply if the country were a party to Annex IV must carry and comply with any certificate or other document that:\n\n(a) is issued for the vessel by or for the administration of the country in which it is registered; and\n\n(b) deals with the prevention of marine pollution by sewage by the vessel.\n\nDivision 5 Marine incidents\n\n19 Marine incidents\n\n  For paragraph (l) of the definition of marine incident in subsection 14(1) of the Navigation Act, the following incidents are prescribed:\n\n(a) equipment failure that may affect compliance by the vessel with Annex IV;\n\n(b) an incident involving the vessel that may affect compliance by the vessel with Annex IV;\n\n(c) anything that substantially affects the integrity of the vessel or the efficiency or completeness of the vessel’s equipment covered by Annex IV.\n\nNote 1   The owner and master of a vessel must report marine incidents to AMSA — see sections 185 and 186 of the Navigation Act.\n\nNote 2   For the prescribed periods for the reporting of marine incidents — see section 23A of Marine Order 1 (Administration) 2013.  Forms for reporting of marine incidents are available from AMSA’s website at http://www.amsa.gov.au.\n\nDivision 6 Matters prescribed for the Pollution Prevention Act\n\n20 Rate of discharge of untreated sewage\n\n (1) For paragraphs 26BC(4)(b), 26BCC(6)(d) and 26D(6)(c) of the Pollution Prevention Act, the discharge rate is:\n\n(a) over any period up to 24 hours — not more than DRmax m3 per hour; and\n\n(b) in any 1 hour during that period — not more than 1.2 × DRmax m3.\n\n (2) For subsection (1):\n\nDRmax = 0.00926 × B × D × V\n\n  where:\n\nB = breadth in metres.\n\nD = draft in metres.\n\nV = the ship’s average speed in knots over the period.\n\nNote   The calculations in this section give effect to IMO Resolution MEPC.157(55).\n\n21 Approval to discharge sewage\n\n (1) A person may apply to AMSA, in accordance with the application process set out in Marine Order 1 (Administration) 2013, for an approval mentioned in paragraph 26BCC(8)(d) of the Pollution Prevention Act.\n\n (2) An application must be accompanied by:\n\n(a) an ISPP certificate that certifies that the ship is equipped with a sewage treatment plant that complies with the requirements in regulation 9 of Annex IV; and\n\n(b) any other document requested by AMSA.\n\nNote   For requirements giving effect to paragraph 1.1 and 2.1 of Regulation 9 of Annex IV — see paragraphs 7(a) and 8(a) of this Order.\n\n (3) For paragraph 26BCC(8)(d) of the Pollution Prevention Act, in deciding whether to approve an application, AMSA must consider the following matters:\n\n(a) the ship type;\n\n(b) the type of sewage treatment plant on board the ship;\n\n(c) whether the ship will operate in an area of ice concentration exceeding 1/10 for more than 30 days;\n\n(d) any other matter it considers relevant.\n\nNote   For guidance about ice concentration — see item 4.2 in WMO Sea Ice Nomenclature (WMO-No. 259 Suppl. No. 5) published by the Joint Technical Commission for Oceanography and Marine Meteorology on 7 October 2009.\n\n (4) An approval is subject to any condition imposed by AMSA.\n\n22 Discharge of sewage by prescribed passenger ships in special areas\n\n  For paragraphs 26D(6)(d), 26D(7)(c), 26D(8)(b) and 26D(9)(a) of the Pollution Prevention Act:\n\n(a) a passenger ship is prescribed if it is:\n\n (i) a new passenger ship after 31 December 2015; or\n\n (ii) an existing passenger ship after 31 December 2017; and\n\n(b) a prescribed day is the day fixed under paragraph 2 of regulation 13 of Annex IV.\n\nNote   Section 26DAA of the Pollution Prevention Act provides that a prescribed officer may require the owner or master of a vessel to discharge sewage at a reception facility. See subsection 3(2) of the Act for the definition of prescribed officer.\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":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"This Order repeals the 2013 Marine Order 96 (section 1B) and replaces it with a consolidated instrument that explicitly gives effect to Annex IV of MARPOL, prescribes technical standards (including the 2012 IMO Guidelines and earlier standards depending on installation date) (section 7), sets out a detailed ISPP certificate regime (sections 10–17), prescribes a numeric discharge-rate formula (section 20), and creates an approval process for discharging sewage (section 21). The Order extends coverage to Polar/Antarctic obligations and ties timing requirements for passenger ships to specific dates (section 2; section 8 note; section 22). These textual changes indicate a shift in the regulatory text and technical detail compared with the instrument it repeals (section 1B)."},"complexity_factors":["Cross-references to multiple external instruments (MARPOL Annex IV, IMO Guidelines, 2012 Guidelines, Navigation Act, Pollution Prevention Act) requiring coordinated interpretation (sections 2, 4, 7).","Technical standards that vary by date of installation and vessel type, creating multiple compliance paths (section 7(a)(ii)–(iv); section 8).","Certificate regime with survey, issuance, variation and revocation rules and reporting timelines (sections 10–17, 17).","Numerical discharge-rate formula requiring vessel-specific inputs (breadth, draft, speed) and record-keeping (section 20).","Discretionary decision-making by AMSA and issuing bodies for approvals and conditions, with limited but defined review routes (sections 3, 11, 21, 6).","Different rules for categories of vessels (regulated Australian, foreign, recreational, domestic commercial) and carve-outs (section 5).","Interaction with Polar/Antarctic rules and special-area designations that affect passenger ships with staged compliance dates (section 2, section 8 note, section 22)."],"plain_english_summary":"## What this Order does, who it affects, and how it works\n\nThis Order (Marine Order 96 — sewage) sets technical and administrative rules for how ships must manage sewage to give legal effect in Australia to Annex IV of the MARPOL Convention and related Polar/Antarctic obligations (section 2). It replaces the 2013 Marine Order 96 (section 1B) and started on 1 April 2018 (section 1A).\n\nMechanically, the Order does the following:\n\n- Requires vessels to be equipped with specified sewage systems: an approved sewage treatment plant, an approved comminuting and disinfecting system, or an approved holding tank, depending on the vessel and the area where it operates (sections 7–8). The treatment systems must meet the technical guidance adopted by IMO (the 2012 Guidelines, earlier guidelines or older standards depending on installation date) (section 7(a)(ii)–(iv)).\n- Requires a standard discharge connection on vessels (or an issuing-body approved alternative for passenger vessels) (section 9).\n- Requires vessels to hold an International Sewage Pollution Prevention (ISPP) certificate where Annex IV applies (section 10), and sets the survey, issuance, variation and revocation criteria for those certificates (sections 11–16). Certificates must be maintained and certain alterations must be reported within 7 days (sections 13, 17).\n- Prescribes duties and standards for foreign vessels visiting Australian waters to comply with Annex IV or carry equivalent documents (section 18).\n- Prescribes that certain events are marine incidents that must be reported (equipment failure or incidents that may affect compliance with Annex IV, or anything that substantially affects integrity or equipment covered by Annex IV) (section 19).\n- Prescribes a numeric formula for the permitted discharge rate of untreated sewage used in the Pollution Prevention Act (section 20) and sets an approval process for discharging sewage (section 21). AMSA must consider ship type, treatment plant type and ice operation among other matters when deciding approvals (section 21(3)).\n- Identifies which passenger ships are subject to special-area restrictions and linked timing for compliance (section 22 and notes).\n\nWho pays and who decides\n\n- Owners/operators of vessels bear direct compliance costs: installing and maintaining approved sewage systems, keeping ISPP certificates current, submitting to surveys, and reporting alterations and incidents (see sections 7–9, 11–17, 19). The Order requires equipment approvals and surveys by an \"issuing body\" (sections 7–9, 11–13), and applicants must supply certificates and documents to AMSA when seeking approvals (section 21(2)).\n- Decisions on certificate issuance, variation and revocation are made by issuing bodies and AMSA under the Navigation Act and Pollution Prevention Act framework (sections 3, 11–16). AMSA has explicit decision-making discretion in approvals to discharge and may impose conditions (section 21(3)–(4)). Some decisions under sections 7, 8, 9 and 21 are reviewable (section 6).\n\nIncentives, costs and trade-offs (mechanisms, not judgments)\n\n- Compliance incentives: A vessel that operates where Annex IV applies must hold an ISPP certificate (section 10). Lack of a valid certificate or breach of certificate conditions is a ground for revocation (section 16).\n- Up-front capital and retrofit costs arise from requiring approved sewage systems and from different technical standards depending on installation date (section 7(a)(ii)–(iv) and section 8). New and existing passenger ships are brought within tighter standards on a fixed timetable (section 8 note; section 22). Those timelines create a mechanical requirement to upgrade systems by specific dates for some passenger ships.\n- Administrative and recurrent costs include surveys, certificate applications, providing documents to AMSA, reporting alterations within 7 days, and reporting prescribed marine incidents (sections 11, 12, 17, 19, 21(2)).\n- Regulatory discretion and conditionality: AMSA decides approvals to discharge and may impose conditions based on ship type, treatment type and ice operation (section 21(3)–(4)). Issuing bodies approve systems and connections (sections 7–9). That structure concentrates decision-making authority in AMSA and issuing bodies (sections 3 and 11).\n\nImplementation and compliance risks\n\n- The Order relies on technical standards adopted by IMO (references in section 4 definition and section 7). Compliance depends on mid-level technical certification and the accuracy of surveys and documentation provided by owners/operators and issuing bodies (sections 7, 11–13).\n- The Order prescribes a numeric discharge rate formula for untreated sewage (section 20); applying it requires vessel-specific measurements (breadth, draft, average speed) and thus record-keeping and calculation by the owner/operator.\n\nEffects on private choices and operations\n\n- Vessel owners/operators choose between installing different compliant systems (treatment plant, comminuter/disinfectant or holding tank) subject to area-specific rules (sections 7–8) and the timelines that apply to passenger ships (section 8 note; section 22).\n- Foreign vessels must either comply with Annex IV or carry equivalent documents from their administration (section 18). That influences operational and documentation choices for foreign-flagged ships visiting Australian waters.\n\nProcedural and review notes\n\n- Some administrative decisions under this Order are reviewable under Marine Order 1 and the Navigation Act framework (section 6 and notes). Forms and further procedural guidance are referenced to AMSA and IMO publications (section 4 notes; section 17 note).\n\nSummary of key sections to consult for action\n\n- Requirements for equipment and standards: sections 7–9.\n- Certificate regime (application, criteria, conditions): sections 10–17.\n- Reporting of incidents and alterations: sections 17, 19.\n- Discharge-rate formula and approvals: sections 20–21.\n- Foreign-vessel requirements: section 18.\n\nThis description attributes the Order's stated purposes to the text (section 2) and sets out the concrete mechanisms (equipment standards, certificates, reporting duties, numeric discharge limits, approval processes) that create costs, impose administrative burdens, and allocate decision-making authority to AMSA and issuing bodies (sections cited above)."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation maintains its original scope as a technical implementation of MARPOL Annex IV. The 2018 version updates the 2013 Order primarily to incorporate the 2012 IMO Guidelines and clarify Antarctic/Arctic obligations under the Polar Code, but does not expand beyond the core purpose of sewage pollution prevention from ships."},"complexity_factors":["Multiple overlapping legislative frameworks: implements both the Navigation Act 2012 and Protection of the Sea (Prevention of Pollution from Ships) Act 1983 simultaneously","Extensive cross-referencing to international instruments: MARPOL Annex IV, IMO Resolution MEPC.227(64) (2012 Guidelines), Antarctic Protocol, and Polar Code","Tiered compliance requirements based on installation dates: four different technical standards apply depending on whether sewage systems were installed before 2010, 2009-2015, after 2015, or for special areas","Dual terminology: uses 'vessel' (Navigation Act) and 'ship' (Pollution Prevention Act) in different sections with explanatory notes clarifying the distinction","Conditional application rules: complex exemptions in section 5 excluding foreign government vessels, and excluding foreign/recreational vessels from certain divisions","Mathematical formula for discharge rates in section 20 involving three variables (breadth, draft, speed)","Nested definitions: relies on terms defined in Marine Order 1, the Navigation Act, Pollution Prevention Act, and MARPOL itself"],"plain_english_summary":"This legislation sets the rules for how ships must handle and dispose of sewage to prevent marine pollution in Australian waters.\n\n**What it does:**\n- Requires most vessels (Australian and foreign) to have approved sewage treatment systems, holding tanks, or disinfecting equipment on board\n- Sets technical standards for sewage treatment plants based on when they were installed (stricter rules for newer systems)\n- Requires certain vessels to carry an International Sewage Pollution Prevention (ISPP) certificate proving they meet international standards\n- Establishes special rules for \"special areas\" (like the Antarctic) where sewage discharge is more restricted\n- Sets maximum discharge rates for untreated sewage based on ship size and speed\n- Requires foreign vessels to either comply with international rules or carry equivalent documentation from their home country\n\n**Who it affects:**\n- Commercial ships, passenger ships, and recreational vessels operating in Australian waters\n- Australian-registered vessels operating internationally\n- Foreign vessels visiting Australian ports\n- Exemptions apply to government vessels on non-commercial service and some vessels covered by state/territory laws\n\n**Why it matters:**\nRaw sewage from ships can harm marine ecosystems, spread disease, and damage sensitive areas like the Great Barrier Reef and Antarctic waters. This Order implements Australia's obligations under MARPOL (the main international treaty preventing ship pollution) and protects Australian marine environments by ensuring sewage is properly treated or stored before discharge."}},"importantCases":[],"_links":{"self":"/api/acts/marine-order-96-marine-pollution-prevention-sewage-2018","history":"/api/acts/marine-order-96-marine-pollution-prevention-sewage-2018/history","analysis":"/api/acts/marine-order-96-marine-pollution-prevention-sewage-2018/analysis","conflicts":"/api/acts/marine-order-96-marine-pollution-prevention-sewage-2018/conflicts","importantCases":"/api/acts/marine-order-96-marine-pollution-prevention-sewage-2018/important-cases","documents":"/api/acts/marine-order-96-marine-pollution-prevention-sewage-2018/documents"}}