This Order is Marine Order 96 (Marine pollution prevention — sewage) 2009.
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, Australian ship, Deputy CEO, IMO, Manager, Ship Inspections, MARPOL and penal provision
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[6] Section 2, definition of sewage certificate
ISPP certificate (or International Sewage Pollution Prevention Certificate) means:
(a) a pollution certificate relating to sewage issued under section 132 of the Navigation Act; or
(b) a certificate relating to Annex IV issued under section 319 of the Navigation Act.
[7] Section 2, definitions of survey authority, the Navigation Act and the Pollution Prevention Act
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[8] Section 2, at the foot
• Area Manager
• General Manager, Maritime Operations Division
• General Manager, Marine Environment Division
• General Manager, Ship Safety Division
• IMO
• Manager, Marine Environment Standards
• Manager, Ship Inspection and Registration
• Manager, Ship Operations and Qualifications
• MARPOL
• Navigation Act
• Pollution Prevention Act.
Note 2 Other terms used in this Order are defined in the Navigation Act or Pollution Prevention Act including, in the Navigation Act:
• AMSA
• inspector
• recognised organisation (for organisations that have been prescribed for the definition — see Marine Order 1 (Administration) 2011)
• regulated Australian vessel.
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). An example of a provision using terms used in the Pollution Prevention Act is subsection 10.4.
Note 4 There is information on obtaining copies of IMO resolutions and documents mentioned in this Order on AMSA’s website at http:/www.amsa.gov.au or by email at international relations@amsa.gov.au.
[9] Section 3
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to:
(i) to which Annex IV is expressed to apply; or
(b) a foreign vessel to which Annex IV 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] Subsection 4.2
4.2 For subsection 4.1, each of the following is a non-foreign vessel:
[12] 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 Marine Order 1 (Administration) 2011 deals with the following matters about equivalents:
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 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 8.5.3, note
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[14] After subsection 8.5.3
8.5.4 An offence against subsection 8.5.3 is a strict liability offence.
8.5.5 A person is liable to a civil penalty if the person contravenes subsection 8.5.3.
8.5.6 If the vessel is at sea or at a port outside Australia, the report mentioned in subsection 8.5.3 must be made through the Rescue Coordination Centre (RCC) Australia (telephone +61 2 6230 6811; fax +61 2 6230 6868).
8.5.7 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.
[15] Subsection 9.1
9.1 Preliminary matters about ISPP 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 ISPP 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 ISPP certificate is specified for a vessel to which this Order applies.
9.1.3 For section 132 of the Navigation Act (which enables criteria to be prescribed for the issue of a pollution certificate), the criteria for the issue of an ISPP certificate for a vessel are that the vessel:
(a) complies with Regulation 4 of Annex IV; and
(b) has been surveyed in accordance with section 8; and
9.1.4 For section 133 of the Navigation Act (which enables criteria to be prescribed for the variation of a pollution certificate), the criteria for variation of an ISPP 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 subsection 9.4.
9.1.5 The form of an ISPP certificate is the International Sewage Pollution Prevention Certificate set out in the Appendix to Annex IV.
Note A new certificate for a ship transferring to the Australian flag will not be issued until an issuing body is satisfied that the ship complies with Annex IV.
[16] Subsection 9.2
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ceasing to have effect at an earlier date in accordance with section 267ZJ or section 267ZL of the Navigation Act.
Note See subsection 9.4 for circumstances in which an ISPP certificate may be varied to extend its period of validity.
[17] Subsection 9.4, heading
[18] Subsection 9.5
9.5 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 ISPP 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 vessel to which it applies ceases to be registered in Australia.
[19] Subsections 10.1 and 10.2
10.1 Reporting of alterations to vessels
For paragraph 137(1)(c) of the Navigation Act, the period within which an issuing body must be informed of an alteration to a vessel is 7 days after the alteration is made.
Note An approved form for subsection 10.1 is available from AMSA’s website: http://www.amsa.gov.au. For convenience, the approved form is also reproduced in Schedule 1 as Form MO —96/1.
10.2 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 ISPP 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.
[20] After subsection 11.2.1
Note For other reporting requirements — see Transport Safety Investigation Act 2003, sections 18 and 19.
[21] After subsection 11.2.3
11.2.4 An offence against subsection 11.2.3 is a strict liability offence.
11.2.5 A person is liable to a civil penalty if the person contravenes subsection 11.2.3.
[22] Appendix, Form MO—96/1
AUSTRALIA<br>Form MO96/1<br>Marine Order 96 (Marine pollution prevention — sewage) 2006<br>NOTICE OF ALTERATION TO VESSEL<br>To: Manager, Ship Inspection and Registration<br>Area Manager, Ship Safety Division............................................<br>Recognised organisation that issued the certificate<br>PARTICULARS TO BE NOTIFIED<br>1. Name of vessel.<br>2. Official number (if any).<br>3. IMO number (if any).<br>4. Home port/port of registry.<br>5. Call sign.<br>6. Name of owner(s) or agent.<br>7. Address of principal place of business of owner or agent in Australia.<br>8. Date of issue and reference number of International Sewage Pollution Prevention Certificate.<br>9. Description of nature and extent of alteration to the vessel (including date(s) on which alterations were commenced and completed).<br>10. Name and address of person or corporation effecting alteration.<br>11. Reason(s) for, or cause(s) of alteration.<br>12. Particulars of changes in the construction of the ship.<br>13. Additional information (if any) affecting the compliance of the vessel with the provisions of Annex IV (MARPOL).<br>…...............................................<br>(signature of master or owner)<br>........................................<br>(date)<br>
[23] Further amendments — definitions
Each definition in section 2 (other than the definition of ISPP certificate) is amended by: