(b) gives effect to Chapter 4 of the Navigation Act and prescribes matters for Division 2 of Part IIID of the Pollution Prevention Act.
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 (other than the imposition of penalties) for which provision may be made by regulation.
2.1 In this Order:
[5] Section 2, definition of Area Manager
omit
[6] Section 2, definition of IAPP Certificate, including the note
EIAPP certificate (or Engine International Air Pollution Prevention certificate) means:
(a) a pollution certificate relating to air pollution or ozone depleting substances issued under section 132 of the Navigation Act for engines and equipment; or
(b) a certificate relating to Annex VI issued under section 319 of the Navigation Act for engines and equipment.
Note For the form of certificate — see subsection 8.1A.6.
IAPP certificate (or International Air Pollution Prevention certificate) means:
(a) a pollution certificate relating to air pollution or ozone depleting substances issued under section 132 of the Navigation Act for a vessel; or
(b) a certificate relating to Annex VI issued under section 319 of the Navigation Act for a vessel.
Note For the form of certificate — see subsection 8.1A.5.
[7] Section 2, after the note
Note 2 Some terms used in this Order are defined in the Navigation Act or Pollution Prevention Act, including:
recognised organisation (for organisations that have been prescribed for the definition — see Marine Order 1 (Administration) 2011)
2.2 An EIAPP certificate for an engine installed on a vessel is taken to be issued for the vessel.
2.3 A vessel is taken to have an EIAPP certificate if each engine installed on the vessel has an EIAPP certificate.
[8] Subsection 4.1
to:
(i) to which Annex VI is expressed to apply; or
(b) a foreign vessel to which Annex VI 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.
[9] After subsection 4.1
[10] Subsection 7.8
7.8 Emission of nitrogen oxides from engines
The requirements for the issue of an EIAPP certificate for engines and equipment are that the engines and equipment:
(a) are surveyed in accordance with the NOx Technical Code 2008; and
(b) are found to comply with Regulation 13 of Annex VI.
Note See also IMO Resolution MEPC.103(49): Guidelines for on-board NOx verification procedure — direct measurement and monitoring method.
[11] Section 7.9.3, note
omit
[12] After subsection 7.9.3
7.9.4 An offence against subsection 7.9.3 is a strict liability offence.
7.9.5 A person is liable to a civil penalty if the person contravenes subsection 7.9.3.
7.9.6 If the vessel is at sea or at a port outside Australia, the report mentioned in subsection 7.9.3 must be made to the Manager, Ship Inspection and Registration, through the Rescue Coordination Centre (RCC) Australia.
7.9.7 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.
[13] Before subsection 8.1
8.1A Preliminary matters about IAPP certificates
8.1A.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:
(a) an IAPP certificate; and
(b) an EIAPP certificate for each engine installed on the vessel.
8.1A.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 IAPP certificate and an EIAPP certificate are specified for a vessel to which this Order applies.
8.1A.3 For section 132 of the Navigation Act (which enables criteria to be prescribed for the issue of a pollution certificate), the criteria for issue of an IAPP certificate for a vessel are that the vessel:
(a) complies with Regulation 5 of Annex VI; and
(b) has been surveyed in accordance with section 7; and
(c) complies with the requirements that apply to it under section 7.
8.1A.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 IAPP certificate for a vessel are that:
(a) the vessel has been surveyed in accordance with section 7; and
(b) the vessel complies with the requirements that apply to it under section 7; and
(c) the variation is in accordance with subsections 8.3 and 8.4.
8.1A.5 The form of an IAPP certificate is the International Air Pollution Prevention Certificate set out in Appendix I to Annex VI.
8.1A.6 The form of an EIAPP certificate is the Engine International Air Pollution Prevention Certificate set out in Appendix I to the NOx Technical Code 2008.
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 VI.
[14] Section 8, note before subsection 8.1
omit
[15] Subsection 8.1
omit
ceasing to have effect at an earlier date in accordance with section 267ZZ or section 267ZZB of the Navigation Act.
Note See subsection 8.1A.4 for circumstances in which an IAPP certificate may be varied to extend its period of validity.
[16] Subsection 8.3, heading
8.3 Variation of certificate to extend validity
[17] Subsection 8.5
8.5 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 IAPP certificate for a vessel are that:
(a) a survey required by section 7 at a particular time is not completed when required by section7; or
(b) the vessel to which it applies ceases to be registered in Australia.
[18] After subsection 9.2.1
[19] After subsection 9.3.2
9.3.2A An offence against subsection 9.3.2 is a strict liability offence.
9.3.2B A person is liable to a civil penalty if the person contravenes subsection 9.3.2.
[20] After subsection 10.10
10.11 An offence against subsection 10.1, 10.4, 10.6, 10.7, 10.8, 10.9 or 10.10 is a strict liability offence.
10.12 A person is liable to a civil penalty if the person contravenes subsection 10.1, 10.4, 10.6, 10.7, 10.8, 10.9 or 10.10.
[21] Subsection 11
11 Matters prescribed for the Navigation Act
11.1 Reports of alterations to vessels
For paragraph 137(1)(c) of the Navigation Act, the period within which AMSA and an issuing body must be informed of an alteration to a vessel is 7 days after the alteration is made.
Note 1 An approved form for subsection 11.1 is available from AMSA’s website: http://www.amsa.gov.au. For convenience, the approved form is reproduced in Schedule 1 as Form MO — 97/1.
11.2 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 EIAPP certificate or IAPP 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.
[22] Schedule 1, Form MO — 97/1
omit
Marine Orders, Part 97 (Marine Pollution Prevention —Air Pollution)
Marine Order 97 (Marine pollution prevention — air pollution) 2007
[23] Schedule 1, Form MO — 97/1
omit
*Manager Ship Inspection and Registration
*Area Manager, Maritime Operations -.............
(* — delete which inapplicable)
Manager, Ship Inspection and Registration
Area Manager, Ship Safety — .............
Recognised organisation that issued the certificate............
1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.