This Order is Marine Order 93 (Marine pollution prevention — noxious liquid substances) 2006.
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.
[5] Section 2, definitions of AMSA, Area Manager, General Manager and IMO
omit
[6] Section 2, definition of IPP certificate
IPP certificate (or International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk) means:
(a) a pollution certificate relating to carriage of noxious liquids or oil issued under section 132 of the Navigation Act; or
(b) a certificate relating to Annex II issued under section 319 of the Navigation Act.
Note 2 Other terms used in this Order are defined in the Navigation Act or Pollution Prevention Act, including, in the Navigation Act:
master.
recognised organisation (for organisations that have been prescribed for the definition — see Marine Order 1 (Administration) 2011);
and in the Pollution Prevention Act:
Australian ship
foreign ship.
Note 3 Most provisions of this Order are expressed using terms used in the Navigation Act (for example, vessel). However, some provisions of this Order that are made solely under the Pollution Prevention Act use terms used in that Act (for example, ship and Australian ship). An example of a provision using terms used in the Pollution Prevention Act is subsection 4.2.
(b) a foreign vessel to which Annex II 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] After section 4
4A Vessels not required to have pollution certificate
For sections 135 and 136 of the Navigation Act, a vessel for which a certificate of fitness mentioned in the BCH Code or the IBC Code is in force is not required to have an IPP Certificate.
[13] Sections 5 and 6
5.1 A person may apply, in accordance with the application process set out in Marine Order 1 (Administration) 2011, for approval to use an equivalent.
Note For definitions of equivalent and use, see subsection 5.4.
5.3 The decision maker may approve use of an equivalent only if he or she is satisfied that use of the equivalent would be at least as effective as compliance with the requirement to which the equivalent is an alternative.
(a) a fitting, material, appliance or apparatus that could be fitted or carried in a vessel as an alternative to a fitting, material, appliance or apparatus that a provision of this Order requires to be fitted or carried in the vessel; or
(b) an arrangement that could be made, or a procedure that could be followed, for a vessel, its equipment or cargo as an alternative to a requirement of this Order.
Note 1 Marine Order 1 (Administration) 2011 deals with the following matters about equivalents:
Note 2 Under subsection 334(1) of the Navigation Act, the Minister or AMSA may exempt a vessel or person from the application of the Navigation Act or a provision of the Navigation Act.
A decision under this Order, other than a decision under section 5, is taken to be a reviewable decision for section 18 of Marine Order 1 (Administration) 2011.
Note 1 A decision under section 5 is also a reviewable decision for Marine Order 1 (Administration) 2011 because it is mentioned in section 16 of that Order.
Note 2 For review by the Administrative Appeals Tribunal of decisions made under the Navigation Act — see section 313 of the Navigation Act.
[14] After subsection 8.8.3
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-93/2, set out in Schedule 1.
8.8.7 If the vessel is at a port outside Australia, the master must, in addition to reporting under subsection 8.8.3, report the accident or defect to the appropriate authority of the country where the port is situated.
[15] Subsection 9.1
9.1 Preliminary matters about IPP 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 vessel to which this Order applies must have an IPP 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 IPP certificate is specified for a vessel to which this Order applies.
9.1.3 For section 132 of the Navigation Act (which enable criteria to be prescribed for the issue of a pollution certificate), the criteria for issue of an IPP certificate for a vessel are that the vessel:
(b) has been surveyed in accordance with section 8; and
9.1.4 For section 133 of the Navigation Act (which enable criteria to be prescribed for the variation of a pollution certificate), the criteria for variation of an IPP certificate for a vessel are that:
(a) the vessel has been surveyed in accordance with section 8; and
(b) 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.
9.1.5 The form of an IPP certificate is the International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk set out in Appendix III of Annex II.
[16] Subsection 9.2
omit
ceasing to have effect at an earlier date in accordance with section 267S or section 267U of the Navigation Act.
[17] Subsection 9.2, at the foot
Note See subsection 9.4 for circumstances in which an IPP certificate may be varied to extend its period of validity.
[18] Subsection 9.4, heading
[19] 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 IPP certificate for a vessel are that:
(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 II.
[20] 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 II must be in the form of the International Pollution Prevention Certificate set out in Appendix III of Annex II.
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 93/1.
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 IPP 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.
[21] Appendix, Forms MO — 93/1 and MO — 93/2
omit
Marine Orders, Part 93 (Marine Pollution Prevention —Noxious Liquid Substances)
Area Manager, Ship Safety Division — ...............
Recognised organisation that issued the certificate
[23] Further amendments
| Subsection 1.1.1 | Part of Marine Orders | Order |
| Subsection 1.1.1, footnote 1 | Marine Orders, Part 17 | Marine Order 17 (Liquefied gas carriers and chemical tankers) 2006 |
| Subsection 1.1.2 | The Part | This Order |
| Subsection 1.1.2 | Division 12A of Part IV | Chapter 4 |
| Section 2, definitions of BCH Code and IBC Code | Marine Orders, Part 17 (Liquefied Gas Carriers and Chemical Tankers); | Marine Order 17 (Liquefied gas carriers and chemical tankers) 2006. |
| Subsection 3.1 | survey authority | recognised organisation |
| Subsection 3.3 | Part | Order |
| Subsection 3.3 | ship | vessel |
| Subsection 4.1 | subsection 267N(2) | section 12 |
| Subsection 4.1 | Part | Order |
| Subsection 7.2 | Part | Order |
| Section 8 | ship’s | vessel’s |
| Paragraph 8.1(b) | provisions | subsections |
| Subsection 8.5 | 8.2 | subsection 8.2 |
| Subsection 8.5 | 8.8 | subsection 8.8 |
| Subsection 8.6 | 8.8.3 | subsection 8.8.3 |
| Subsection 8.8.2 | Inspections | Inspection and Registration |
| Subsection 8.8.3 | Inspections | Inspection and Registration |
| Subsection 8.8.3 | 8.6 | subsection 8.6 |
| Subsection 8.8.3 | This is a penal provision. | Penalty: 50 penalty units. |
| Paragraph 9.2(b) | 9.3 | subsection 9.3 |
| Subsection 9.3 | in 9.2 | mentioned in subsection 9.2 |
| Subsection 9.4 | Inspections | Inspection and Registration |
| Subsections 9.4.2 and 9.4.4 | ship | vessel |
| Subsection 9.4.3 | an Australian ship | a non-foreign vessel |
| Subsection 9.4.3 | a ship | a vessel |
| Subsection 9.4.3 | the ship | the vessel |
| Subsection 9.4.4 | 9.4.1 | subsection 9.4.1 |
| Subsection 9.4.5 | 9.3 | subsection 9.3 |
| Subsection 9.4.5, footnote 11 | ship | vessel |
| Subsection 9.5 | provision 8 | section 8 |
| Paragraph 10.4.2(a) | Maritime Operations | Ship Safety Division |
| Paragraph 10.4.2(b) | Maritime Safety and Environmental Strategy | Marine Environment Division |
| Paragraph 10.4.2(c) | Response | Response Division |
| Paragraph 10.4.3(a) | Inspections | Inspection and Registration |
| Paragraph 10.4.4(a) | Maritime Operations | Ship Safety Division |
| Paragraph 10.4.4(b) | Response | Response Division |
| Subsection 10.5, note | the Appendix | Schedule 1 |
| Subsection 10.6.1 | the Appendix | Schedule 1 |
| Subsection 11.1 | Part | Order |
| Subsection 11.2.1 | survey authority | recognised organisation |
| Paragraphs 11.2.1(b) and (c) | Inspections | Inspection and Registration |
| Subparagraph 11.2.1(c)(i) | an Australian registered ship | a non-foreign vessel |
| Subparagraph 11.2.1(c)(ii) | foreign registered ship | foreign vessel |
| Paragraph 11.2.1(d) | a surveyor | an inspector |
| Paragraph 11.2.1(d) | 190 | 254 |
| Subsection 11.2.2 | a surveyor | an inspector |
| Subsection 11.2.2 | ship | vessel |
| Subsection 11.2.2 | ship’s | vessel’s |
| Subsection 11.3 | ship | vessel |
| Subsection 11.3 | ships | vessels |
| Appendix, Form MO—93/1 | AN AUSTRALIAN SHIP | A VESSEL |
| Appendix, Form MO—93/1 | ship | vessel |
| Appendix, Form MO—93/2 | Maritime Operations | Ship Safety Division |
| Appendix, Form MO—93/2 | Response | Response Division |
[24] Further amendments — footnotes
| 1 | Re-locate as a note at the foot of subsection 1.1.1 |
| 9 | Re-locate as a note at the foot of subsection 7.1 |
| 10 | Omit |
| 11 | Re-locate as a note at the foot of subsection 9.4.5 |
| 12 | Re-locate as a note at the foot of subsection 9.6 |
| 13 | Re-locate as a note at the foot of subsection 10.5 |
| 14 | Re-locate as a note at the foot of subsection 10.9.1 |
| 15 | Re-locate as a note at the foot of subsection 11.1 |
[25] Further amendments — definitions
Each definition in section 2 (other than the definition of IPP certificate) is amended by: