Paragraph 340(1)(c) of the Navigation Act provides for regulations to give effect to MARPOL.
1.2.1A Subsection 130(1) of the Navigation Act provides that the regulations may make provision about pollution certificates.
1.2.1B Subsection 314(3) of the Navigation Act provides that the regulations may prescribe various matters about certificates, including the time when certificates, variations of certificates and revocation of certificates come into force.
1.2.1C Subsection 341(1) of the Navigation Act provides that the regulations may provide for the imposition of penalties and civil penalties for a contravention of the regulations or a notice, order, direction or instruction given, issued or made under, or in force because of, the regulations.
1.2.3 Subsection 342(1) of the Navigation Act provides that AMSA may make orders for any matter for which provision must or may be made by regulation.
1.2.4 Subsection 34(1) of the Pollution Prevention Act provides that AMSA may make orders for any matter for which provision may be made by regulation.
[4] Section 2, definition of Area Manager
omit
[5] Section 2, definition of IOPP certificate, including the note
IOPP certificate (or International Oil Pollution Prevention Certificate) means:
(a) a pollution certificate relating to vessel construction or equipment issued under section 132 of the Navigation Act; or
(b) a certificate relating to Annex I issued under section 319 of the Navigation Act.
[6] Section 2, definition of STCW Code
omit
[7] Section 2, note 1
omit
[8] Section 2, note 2
omit
penal provision
[9] Section 2, after note 3
Note 4 Some expressions used in this Order are defined in the Pollution Prevention Act, including:
Australian ship
foreign ship.
Note 5 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 and Australian ship). An example of a provision using terms used in the Pollution Prevention Act is subsection 4.2.
to:
(i) to which Annex I is expressed to apply; or
(b) a foreign vessel to which Annex I is expressed to apply.
Note 1 The legislation mentioned in subsection 4.1 provides, in effect, that this Order does not apply to certain vessels to which MARPOL applies because of a law of a State or the Northern Territory or the Maritime Safety (Domestic Commercial Vessel) National Law.
Note 2 A provision of this Order made under the Navigation Act affects foreign vessels only to the extent that it is expressed to apply to foreign vessels.
[11] After subsection 4.1
[12] Section 6
6.1 A decision under this Order, other than a decision under section 5 or 5A, is taken to be a reviewable decision for section 18 of Marine Order 1 (Administration) 2011.
Note 1 A decision under section 5 or 5A is a reviewable decision for Marine Order 1 (Administration) 2011 because it is mentioned in section 16 of that Order.
Note Section 313 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.
[13] Subsection 8.8.3, note
8.8.4 An offence against subsection 8.8.3 is a strict liability offence.
8.8.5 A person is liable to a civil penalty if the person contravenes subsection 8.8.3.
8.8.6 If the vessel is at sea or at a port outside Australia, the report mentioned in subsection 8.8.3 must be made to the Manager, Ship Inspection and Registration, through the Rescue Coordination Centre (RCC) Australia.
Note Contact details for the RCC are provided in Form MO-91/2, set out in Schedule 1.
8.8.7 If the vessel is at a port outside Australia, the master must also report the accident or defect to the appropriate authority of the country where the port is situated.
[14] Subsection 9.1
9.1 Preliminary matters about IOPP certificates
9.1.1 For subsection 130(3) of the Navigation Act (which enables the regulations to provide that specified vessels are required to have specified pollution certificates), a non-foreign vessel to which this Order applies must have a pollution certificate that is an IOPP certificate.
9.1.2 For subsection 131(1) of the Navigation Act (which enables a person to apply to an issuing body for a pollution certificate of a kind specified in the regulations), an IOPP certificate is specified for a non-foreign vessel to which this Order applies.
9.1.3 For paragraph 340(1)(c) of the Navigation Act (which enables the regulations to give effect to MARPOL), a foreign vessel to which this Order applies must have a certificate issued under section 319 of the Navigation Act that is an IOPP certificate.
9.1.4 For section 132 of the Navigation Act (which enables criteria to be prescribed for the issue of a pollution certificate) and paragraph 314(3)(a) of the Navigation Act (which enables criteria to be prescribed for the issue of any kind of certificate), the criteria for the issue of an IOPP certificate for a vessel are that the vessel:
(a) complies with the provisions of Annex I mentioned in section 7; and
(b) has been surveyed in accordance with section 8; and
9.1.5 For section 133 of the Navigation Act (which enables criteria to be prescribed for the variation of a pollution certificate) and paragraph 314(3)(a) of the Navigation Act (which enables criteria to be prescribed for the variation of any kind of certificate), the criteria for variation of an IOPP certificate for a vessel are that:
(a) the vessel has been surveyed in accordance with section 8; and
(b) the vessel complies with the requirements that apply to it under section 8; and
(c) the variation is in accordance with subsections 9.4 and 9.5.
9.1.6 For subsection 132(2) of the Navigation Act (which provides that a pollution certificate is subject to the conditions (if any) prescribed by the regulations), the conditions mentioned in subsection 8.8 are prescribed.
9.1.7 The form of an IOPP certificate is the International Oil Pollution Prevention Certificate set out in Appendix II of Annex I.
[15] Subsection 9.2
omit
ceasing to have effect at an earlier date in accordance with section 267D or section 267F of the Navigation Act.
[16] Subsection 9.2, at the foot
Note See section 9.4 for circumstances in which an IOPP certificate may be varied to extend its period of validity.
[17] Subsection 9.4, heading
[18] Subsection 9.6, including the note
9.6 Criteria for revocation of certificate
For section 134 of the Navigation Act (which enables criteria to be prescribed for the revocation of a pollution certificate), the criteria for revocation of an IOPP certificate for a vessel are that:
(a) the surveys required by section 8 are not completed within the periods required by section 8; or
(a) a survey required by section 8 at a particular time is not completed when required by section 8; or
(b) the certificate is not endorsed in accordance with subsection 8.7; or
(c) the vessel becomes, or stops being, a registered Australian vessel.
Note A new certificate for a vessel that becomes, or stops being, a regulated Australian vessel will not be issued until an issuing body is satisfied that the vessel complies with the requirements of Annex I.
[19] Subsections 10.1 to 10.3
10.1 Form of certificate issued under section 319 of the Navigation Act
A certificate issued under section 319 of the Navigation Act that relates to Annex I must be in the form of the International Oil Pollution Prevention Certificate set out in Appendix II of Annex I.
Note The form of the certificate is the same for both non-foreign and foreign vessels.
10.2 Reporting of alterations to vessels
For paragraph 137(1)(c) of the Navigation Act, the period within which AMSA and a recognised organisation must be informed of an alteration to a vessel is 7 days after the alteration is made.
Note 1 An approved form for subsection 10.2 is available from AMSA’s website: http://www.amsa.gov.au. For convenience, the approved form is reproduced in Schedule 1 as Form MO — 91/1.
10.3 Marine incidents
For paragraph (l) of the definition of marine incident in subsection 14(1) of the Navigation Act, an incident that causes damage to a vessel to an extent that may affect compliance with the requirements of an IOPP certificate in force for the vessel is prescribed.
Note 1 The owner of a vessel must report marine incidents and dangers to navigation to AMSA— see s185 of the Navigation Act. The master of a vessel must report marine incidents and dangers to navigation to AMSA — see s186 of the Navigation Act. Section 13A of Marine Order 31 (Ship surveys and certification) 2006 prescribes matters for these reports.
Note 2 For serving documents if there is no master of a vessel — see section 328 of the Navigation Act.
[20] Subsection 11.7
11.7 Condition Assessment Scheme
For this Order, a reference in the Condition Assessment Scheme to the Administration is to be read as a reference to the Manager, Ship Inspection and Registration.
[21] Schedule 1 Form MO—91/1
Form MO–91/1
Marine Order 91 (Marine pollution prevention — oil) 2006
NOTICE OF ALTERATION TO A VESSEL
To: Manager, Ship Inspection and Registration
Area Manager, Ship Safety Division, ..............................
Recognised organisation that issued the certificate
PARTICULARS TO BE NOTIFIED
1. Name of vessel.
2. Official number (if any).
3. Home port/port of registry.
4. Call sign.
5. Name of owner(s) or agent.
6. Address of principal place of business of owner or agent in Australia.
7. Date of issue and reference number of International Oil Pollution Prevention Certificate.
8. Description of nature and extent of alteration to the vessel (including date(s on which alterations, were commenced and completed).
Name and address of person or corporation effecting alteration
Reason(s) for, or cause(s) of, alteration.
Particulars of changes in the construction of the vessel.
Additional information (if any) affecting the compliance of the vessel with the provisions of Annex I (MARPOL).