Marine Order 91 (Marine pollution prevention — oil) 2025

The Marine Order is framed around a small number of interlocking technical and administrative concepts drawn from Annex I of MARPOL and the two parent Acts. These concepts are the operational building blocks of the regime and are used repeatedly in the Order.

• Annex I compliance as the baseline duty. Section 10 is terse and absolute: “A vessel must comply with the requirements of Annex I that apply to the vessel.” The Order therefore imports Annex I obligations as the substantive regime governing oil pollution prevention, leaving Annex I to define many of the technical and operational obligations.
• Certification and survey-based compliance. The IOPP certificate is the administrative instrument evidencing compliance where reg 7.1 of Annex I applies (s 11). Certificates are the product of initial and renewal surveys (s 13), endorsements and approvals by issuing bodies (ss 14-16), and ongoing maintenance obligations (s 14(a)-(d)). The survey regime is carried across from Annex I (references to regulation 6 of Annex I).
• Delegated administration. AMSA is the competent authority and may make the Order under powers in the Navigation Act and the Pollution Prevention Act (s 3). The Order anticipates issuing bodies performing key functions: issuing, endorsing, varying and revoking certificates, approving plans and equipment, and approving electronic records (see ss 12, 15, 25, 26(2), 9(2)). The explanatory notes (s 5(1)(a) note and other notes) refer to agreements with recognised organisations listed in Marine Order 1 (Administration) 2013.
• Record-keeping and reporting. The oil record book (Part I and II forms) and shipboard emergency plans are prescribed (ss 25, 34). The Order defines prescribed operations and occurrences that must be recorded (s 35). It also specifies reporting routes and timeframes for incidents and events relevant to Annex I compliance (ss 21-23).
• Equivalents and exemptions as limited flexibility mechanisms. The Order permits exemptions (narrowly expressed, ss 7(1)-(4)) and approval of equivalents where they are at least as effective and do not contravene regulation 5.1 of Annex I (s 8). Exemptions and equivalents are therefore available but subject to AMSA’s satisfaction and process in Marine Order 1 (Administration) 2013.
• Dynamic incorporation of IMO instruments. Several technical specifications for equipment and manuals are adopted by reference to specific IMO resolutions “as amended from time to time” (see ss 37-41 and s 3(2)(f)). That creates an administrative linkage to evolving international standards.

The Order also distinguishes types of vessels and their treatment. Section 6 sets out the scope and exclusions: it applies to regulated Australian vessels, foreign vessels, recreational vessels and domestic commercial vessels, but excludes vessels on government non‑commercial service owned or operated by a country other than Australia (s 6(1)-(2)). Division 3 (IOPP certificate rules) is expressly not applicable to foreign vessels and some recreational vessels without Australian nationality (s 6(3)). For foreign vessels, separate certificate requirements are set out (s 20), and certain Pollution Prevention Act provisions are applied to foreign ships as if they were Australian ships when in Australian ports or territorial seas (see ss 24, 28, 33).

Finally, the Order prescribes specific timeframes and modalities for administrative actions: 7 days to notify AMSA and issuing bodies of alterations (s 19); 48 hours advance notification for STS transfers and for oil tankers not meeting construction requirements before loading cargo to/from an Australian port (ss 23, 31; notes explain the 48-hour rule); reports required within 24 hours of a request (s 22(3)). These concrete timeframes allocate compliance effort to vessel operators and agents.

The Order identifies and allocates duties across a set of named actors. Who pays, who decides and who must change behaviour are explicit in the instrument.

• Vessel owners and masters: Primary compliance duties fall on vessel owners and masters. Owners must seek certificates, apply for exemptions or equivalents where they wish to rely on them (ss 7-8, 12). Masters are subject to operational constraints, for example the prohibition on taking certain oil tankers into Australian ports after specified dates (s 36), and have reporting and operation duties (s 21 note indicates masters must report marine incidents under Navigation Act ss 185-186).
• Regulated Australian vessels and domestic commercial vessels: The Order applies generally to regulated Australian vessels and domestic commercial vessels (s 6(1)(a), (d)). Those vessels are required to hold IOPP certificates if reg 7.1 of Annex I applies (s 11), maintain equipment, undergo surveys and keep records (ss 13-14, 34).
• Foreign vessels visiting Australian ports, territorial sea or the sea on the landward side of territorial sea: The Order prescribes particular rules applying to foreign ships when in Australian jurisdiction. Foreign vessels must carry certificates issued in accordance with regulation 7.1 of Annex I if that regulation applies to them (s 20(1)), and certain Pollution Prevention Act provisions are applied to foreign ships as if Australian when they are in Australian waters (ss 24, 28, 33). Foreign ships must also carry Annex I oil record books when s 12 of the Pollution Prevention Act applies (s 34(1)).
• Recreational vessels: The Order applies to recreational vessels (s 6(1)(c)), but Division 3 (IOPP certificates) does not apply to foreign recreational vessels without Australian nationality (s 6(3)(b)). The extent of duties on recreational vessels depends on which parts of Annex I apply and whether other state or National Marine Safety (Domestic Commercial Vessel) laws apply.
• Issuing bodies and recognised organisations: The Marine Order repeatedly assigns certification, approvals, endorsements, surveys and plan approvals to issuing bodies (ss 12, 15, 25-26, 9). The notes point to recognised organisations that act under agreements with AMSA (s 5(1)(a) note). These bodies decide on technical compliance, approve electronic records (s 9), and perform the surveys leading to certificates (s 13).
• Service providers, STS superintendents, transfer providers and agents: Ship-to-ship transfers and cargo operations involve service providers and persons in overall advisory control. The Order prescribes required qualifications for the person in overall advisory control (s 27) and requires notification and provision of transfer information and records identifying service providers and the STS superintendent (ss 29-31). Agents or operators of oil tankers not meeting construction requirements must provide specified information 48 hours before loading cargo (s 23).
• AMSA as the regulator: AMSA makes the Order under authority in both parent Acts and retains decision-making discretion: it may grant exemptions and equivalents (ss 7-8), approve electronic records (s 9), receive incident notifications (s 22), and revoke certificates under the Navigation Act criteria set out in s 18. AMSA also may delegate functions through issuing bodies and arrangements with recognised organisations (notes to s 5 and other places).
• State and Territory governments and the Marine Safety (Domestic Commercial Vessel) National Law: The Order is subject to a carve-out where State or NT law gives effect to the same parts of MARPOL for vessels in an area (note under s 6). This means operators must watch for overlapping state-level regimes that may change which rules apply in particular waters.

Practically, the immediate compliance burden , surveys, equipment approvals, record‑keeping and reporting , is concentrated on owners and operators of oil tankers and other vessels to which Annex I applies. Issuing bodies and recognised organisations bear administrative burdens of surveys and approvals, and AMSA bears central regulatory functions including oversight and decisions on exemptions and equivalents.

The Marine Order sets out a series of concrete duties for vessels, owners and masters, and confers procedural rights to apply for exemptions, equivalents and approvals. Below are the principal duties and corresponding rights to administrative process, cited to the Order.

Duties imposed:

• Annex I compliance: A vessel must comply with the requirements of Annex I that apply to it (s 10).
• Certification requirements: Vessels to which reg 7.1 of Annex I applies must hold an IOPP certificate (s 11). To obtain an IOPP certificate an owner must apply to an issuing body via the process in Marine Order 1 (Administration) 2013, as stated in s 12.
• Survey and maintenance: A vessel must complete initial or renewal surveys per regulation 6 of Annex I to meet the criteria for issue (s 13(a)). Once issued, IOPP certificates are conditional on maintaining the vessel and equipment to comply with Annex I (s 14(a)). Any surveys required by regulation 6 must be completed per Annex I (s 14(b)), endorsements made (s 14(c)), and any post-survey structural changes affecting survey scope must be approved by an issuing body (s 14(d)).
• Notification of alterations: Owners and issuing bodies must be informed of alterations within seven days of the alteration (s 19).
• Reporting of marine incidents: Prescribed incidents including equipment failure affecting Annex I compliance, incidents affecting compliance, and anything substantially affecting vessel integrity or equipment efficiency covered by Annex I must be reported as marine incidents under the Navigation Act (s 21). The Order cross-references Navigation Act reporting provisions (notes to s 21 refer to ss 185-186).
• Immediate notification for prescribed oil incidents: For incidents involving discharge or probable discharge of oil or oily mixture, or damage, failure or breakdown, the Marine Order prescribes specific means of notification: telephone, freecall, email and HF DSC MMSI (s 22(1)). Notification must be made “without delay” under the Pollution Prevention Act (s 22(1) note 1).
• Oil record book and prescribed operations: Vessels required under s 12 of the Pollution Prevention Act must carry oil record books in the form set out in Appendix III to Annex I (s 34(1)). Prescribed machinery space operations and cargo/ballast operations and prescribed occurrences are set out in s 35.
• STS planning and approvals: Ship-to-ship operations involving oil tankers must be governed by a ship-to-ship operations plan containing specified contents and documents, and that plan must be approved by an issuing body (s 26).
• STS qualifications and notices: Persons in overall advisory control must hold the prescribed qualifications listed in s 27, and ship-to-ship transfer information must be provided at least 48 hours in advance via email to sts@amsa.gov.au for transfers in Australia (ss 30-31).

Administrative rights and process:

• Right to apply for IOPP certificates: Owners may apply to issuing bodies for IOPP certificates; Division 3 of Marine Order 1 applies to such applications (s 12(2)), except section 17 of that Marine Order (internal review provisions) does not apply to pollution certificates because review is provided under subsection 313(1) of the Navigation Act (s 12 note).
• Right to apply for exemptions and equivalents: Owners (other than owners of foreign vessels) may apply for exemptions from specified Annex I requirements or for approval to use an equivalent (ss 7-8). Exemptions and equivalents require AMSA satisfaction and an application process under Marine Order 1 (Administration) 2013 (s 7(1)-(3), s 8(1)-(2)).
• Right to approval of electronic records: Persons can apply to issuing bodies for approval to keep required Annex I records in electronic form; issuing bodies may approve subject to integrity, accessibility and compliance with MEPC.312(74) (s 9(1)-(2)). A decision not to approve an electronic record book is reviewable under s 17 of Marine Order 1 (Administration) 2013 (s 9(3)).
• Certificate variations and revocation processes: The Order sets out criteria for variation (s 17) and for revocation of IOPP certificates (s 18). Revocation grounds include likely breach of a certificate condition, failure to make required endorsements, cessation of Australian registration, or written request by the owner (s 18(a)-(d)).

Rights and obligations are mediated by issuing bodies and AMSA. Issuing bodies must endorse certificates (s 15) and approve plans and equipment (ss 25-26, 37-41). AMSA retains discretion to grant or refuse exemptions and equivalents (ss 7-8), and to receive notifications and determine responses to incidents (s 22).

The Order also creates informational duties on agents and operators: for oil tankers not meeting construction requirements, the operator or agent must give AMSA prescribed voyage and cargo information at least 48 hours before loading cargo for carriage to or from an Australian port (s 23). For STS transfers, operators must provide detailed transfer information (s 30) and notify via specified channels (s 31).

The Marine Order itself does not create statutory fines or criminal penalties within its text, but it prescribes duties and reporting routes whose breach will attract enforcement under the Navigation Act 2012 and the Pollution Prevention Act 1983, as repeatedly signposted in the instrument.

Enforcement mechanisms and regulatory triggers set out in the Order:

• Certificate variation and revocation: The Order specifies criteria under which issuing bodies or the competent authority may vary or revoke IOPP certificates (s 17 and s 18). Grounds for revocation include a condition of the certificate being, or likely to be, breached; required endorsements not made; the vessel ceasing to be registered in Australia; or owner request in writing (s 18). Revocation is an administrative enforcement tool that can prevent a vessel from operating without a valid IOPP certificate.
• Reporting obligations linked to parent Acts: Section 21 prescribes incidents that must be reported as “marine incidents” for the Navigation Act. The notes to s 21 point to the obligation on owners and masters under sections 185 and 186 of the Navigation Act to report marine incidents. Those sections in the Navigation Act (not reproduced in the Marine Order) provide the statutory enforcement framework for failure to report, including civil or criminal consequences available to the regulator.
• Pollution Prevention Act offences apply: Where the Order applies provisions of the Pollution Prevention Act to foreign ships (s 33), offences in that Act such as false entries in the oil record book (section 13 of the Pollution Prevention Act) apply to foreign ships when s 12 applies. Section 33 expressly notes that s 13 of the Pollution Prevention Act applies to foreign ships because s 12 applies to them in Australian waters.
• Reporting modalities have administrative consequence: The Order mandates specific channels and timeframes for notification of prescribed incidents (s 22). Subsections 11(1) and (3) of the Pollution Prevention Act require notification “without delay”; the Order’s specification of means of notification supplies operational detail that enables evidence of compliance or failure to comply.
• Delegated enforcement roles for issuing bodies/recognised organisations: Issuing bodies approve, endorse and can revoke certificates (ss 12, 15, 18). Recognised organisations operating under AMSA agreements perform surveys and certification functions (s 5(1)(a) note). Administrative enforcement is therefore distributed among AMSA, issuing bodies and recognised organisations.

Practical enforcement risks and compliance consequences:

• Administrative suspension of operation through certificate revocation or failure to endorse is a direct operational sanction (s 18 sets revocation grounds). A vessel without a valid IOPP certificate where one is required risks inability to load, enter port or operate depending on port state control and charterer or insurer conditions.
• Record-keeping and false-entry rules are actionable: the oil record book requirements and the application of the Pollution Prevention Act’s section 13 to ships in Australian waters (s 34, s 33 note) make falsification or failure to maintain records an actionable offence under the parent Act.
• Reporting failures are actionable: navigation of incident reporting obligations will be judged against the “without delay” standard in the Pollution Prevention Act and the Navigation Act reporting sections (as cross-referenced in s 21 and s 22 notes). The Order’s specification of contacts and forms (e.g., Form AMSA 197 POLREP oil in s 22(2)) reduces regulatory uncertainty as to how to comply, and non-compliance with specified modalities can be relied upon by AMSA or enforcement agencies.

Review and challenge routes:

• Decisions about pollution certificates are reviewable under subsection 313(1) of the Navigation Act (s 12 note); Division 3 of Marine Order 1 applies to certificate applications except for internal review under Marine Order 1 s 17 (s 12(2) note). The Order therefore routes review of certificate decisions to the Navigation Act’s review mechanisms rather than the administrative review in MO1.
• Decisions not to approve electronic record books are reviewable under section 17 of Marine Order 1 (s 9(3)), creating a different review path for that particular administrative decision.

In short, enforcement is not by creation of new penal provisions in the Marine Order but by embedding compliance obligations into the certificate, reporting and record-keeping frameworks that trigger existing enforcement mechanisms in the Navigation Act and the Pollution Prevention Act. The Order specifies administrative instruments and processes through which non-compliance will be detected and acted on.

The Marine Order is explicitly designed to operate in a web of international and domestic instruments. It gives domestic effect to Annex I of MARPOL and prescribes matters for two Australian statutes. The Order also cross-references and relies on other Marine Orders, international conventions and state/territory law; those interactions shape scope, delegation and potential pre-emption.

Explicit interactions contained in the text:

• Annex I of MARPOL: The Order gives effect to parts of Annex I (s 2(a)). It imports Annex I obligations directly (s 10), relies on Annex I regulation numbering for surveys, endorsements and other technical requirements (e.g., regulation 6, 10, 19, 20, 21 are repeatedly referenced in ss 13-18, 36). Thus the content and operation of Annex I are primary determinants of compliance obligations under the Marine Order.
• Navigation Act 2012: The Order is made under powers in the Navigation Act (s 3(2)) and prescribes matters for Chapter 4 (s 2(b)). It implements the pollution certificate regime that the Navigation Act allows regulations to prescribe (see cross-references in s 3(2)(a), (b)). It also channels review of pollution certificate decisions to the Navigation Act’s review provisions (s 12 note).
• Protection of the Sea (Prevention of Pollution from Ships) Act 1983 (the Pollution Prevention Act): The Order prescribes matters for Part II of that Act (s 2(c)) and applies many of its sections to foreign ships in Australian waters (ss 24, 28, 33). It also sets out prescribed operations and occurrences for s 12 of that Act (s 35) and prescribes notification procedures for incidents under s 11 of that Act (s 22).
• Marine Order 1 (Administration) 2013: The Order frequently delegates application processes, exemption processes and review routes to the procedures set out in Marine Order 1 (s 7, s 8, s 12(2), s 9(3) note). It also refers to the schedule of recognised organisations in Marine Order 1 (s 5(1)(a) note). Marine Order 1 therefore supplies process detail and delegation arrangements used by the Marine Order.
• STCW Convention and SOLAS: Definitions and terms from the STCW Convention and other instruments are imported by reference for meaning (s 4 note 1, s 5(2) example). Qualification requirements for STS control persons reference STCW regulation V/1-1 training (s 27(c)).
• IMO resolutions and guidelines: Technical specifications required for equipment, oil content meters, crude oil washing manuals and oil filtering equipment are set by reference to specific IMO resolutions and guidelines “as amended from time to time” (ss 37-41). These references mean the technical standards applicable under the Marine Order are tethered to international standards that can change without necessarily amending the Marine Order.
• State, Territory and National Law interactions: The Order’s application is qualified by subsection 33(2) of the Pollution Prevention Act and section 12 of the Navigation Act, such that parts of the Order that give effect to parts of MARPOL do not apply to certain vessels in an area if 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 that area (note to s 6). This creates a spatial interaction with state or national laws which could change which regulatory instrument is operative in a particular port or coastal area.

Consequences of these interactions:

• Dynamic standards and compliance uncertainty: Because the Order incorporates IMO instruments by reference “as amended from time to time” (s 3(2)(f) and ss 37-41), the applicable technical standards can move as IMO updates resolutions. Operators must therefore track changes at the IMO level as well as domestic changes.
• Delegation and outsourced enforcement: The Order relies on issuing bodies and recognised organisations to implement surveys, approvals and certificates (see s 12 and the notes to s 5). This means private or quasi‑private entities carry out regulatory determinations under AMSA oversight. The result is a distributed enforcement and compliance architecture dependent on contractual agreements and recognised organisation capacity.
• Multiple review avenues: Different administrative decisions created by the Order have different review processes: certificate decisions are reviewable under the Navigation Act (s 12 note), while refusal of electronic record approval is reviewable under Marine Order 1 (s 9(3) note). Practitioners must identify the correct statutory review mechanism for each decision.
• Overlap with State regulation: Operators in coastal or port areas need to confirm whether state or Northern Territory laws give effect to the same parts of MARPOL, because where they do, the state law may govern in that area rather than the Marine Order (note to s 6).

The Marine Order 91 (2025) replaces the previous 2014 Marine Order 91 explicitly (s 1B). The instrument itself contains internal mechanisms that make certain substantive technical standards dynamic without further amendment to the Marine Order text.

Key historical/administrative facts in the Order:

• Repeal and commencement: Marine Order 91 (2014) is repealed and the 2025 Order commences on 24 February 2025 (ss 1A-1B). The legislative effect is a clean replacement of the prior Marine Order 91 with the 2025 version on the commencement date.
• Dynamic incorporation of international instruments: The Order repeatedly adopts IMO resolutions and technical guidelines “as amended from time to time” (see ss 37-41 and s 3(2)(f)). That means the instrument’s technical requirements will evolve with IMO amendments without the need for immediate domestic instrument amendment.
• Delegated, incorporated documents: Section 3(2)(f) allows a Marine Order to provide for matters by applying, adopting or incorporating instruments or documents in force or existing from time to time. The Order exercises that power by reference to specific IMO resolutions and guidance documents (e.g., MEPC.108(49), A.586(14), A.393(X), MEPC.107(49), MEPC.205(62), MEPC.312(74)) in ss 37-41 and s 9.
• Cross-references to other Marine Orders and Acts: The Order leverages procedural and administrative provisions in Marine Order 1 (Administration) 2013 (see notes in ss 5, 7, 8, 9, 12). Any amendment to MO1 may therefore affect how this Order operates in practice, by changing application procedures, review timeframes or delegation arrangements.
• No recorded in-text amendment chronology beyond 2025 repeal of 2014 instrument: The only explicit change recorded in this instrument is the repeal of the 2014 Marine Order and the commencement of the 2025 Marine Order (ss 1A-1B). The Order relies on external documents for evolving technical standards rather than embedding future domestic amendment triggers.

Operational consequence of amendment approach:

• Because the Order imports numerous international standards by reference and permits them to be “as amended from time to time,” operators and compliance advisers must monitor the relevant IMO instruments and AMSA publications for updates that change technical or approval requirements without a corresponding amendment notice in the Federal Register. The Order notes that AMSA publishes IMO documents on its website (s 4 note 5), which is the practical locus for tracking incorporated changes.

The Marine Order text does not record any litigation history or judicial interpretations. It contains no references to court or tribunal decisions, and does not name any cases. The instrument is a regulatory implement of Annex I and the two parent Acts and therefore is primarily administrative in nature.

Observations grounded in the text concerning dispute avenues and review:

• Administrative review routes exist, and are differentiated depending on the decision. Decisions about pollution certificates are reviewable under subsection 313(1) of the Navigation Act (s 12 note), while decisions not to approve an electronic record book are reviewable under section 17 of Marine Order 1 (s 9(3)). These review routes allow affected parties to seek merits or procedural review within administrative frameworks, rather than immediate resort to judicial review.
• Certificate decisions (issue, variation, revocation) fall under the Navigation Act’s review mechanisms (s 12 note). That indicates the Parliament intended a statutory appeal path through the Navigation Act regime rather than internal MO1 review for such matters.
• The Order’s reliance on issuing bodies and recognised organisations to fulfil regulatory functions (s 5(1)(a) note and other places) creates potential for contractual or administrative disputes between owners and recognised organisations, but the text makes no express provision for private dispute resolution; resolution will be governed by the underlying agreements and applicable administrative law remedies.

Because the Order itself contains no litigation record, practitioners must look to the Navigation Act, the Pollution Prevention Act and decisions interpreting those Acts and AMSA’s administrative practices for any litigation precedent. The Marine Order provides the regulatory duties and processes that would be at issue in any enforcement or review proceedings, but it does not itself document any case law.

The text contains multiple operational and legal “gotchas” where a superficially simple compliance step can lead to non-obvious consequences. These arise from dynamic incorporations, allocation of review rights, time limits, scope exclusions and the delegation model.

• Dynamic international references create a moving target. The Order adopts numerous IMO instruments “as amended from time to time” (see ss 37-41 and s 3(2)(f)). Operators who assume that the Order’s text is static may be surprised when equipment or procedural standards change due to IMO updates. The Order places the onus on operators to track the latest editions via AMSA’s or IMO’s websites (s 4 note 5).
• Different review routes depending on the decision. Decisions about pollution certificates are reviewable under the Navigation Act (s 12 note), while decisions not to approve electronic record books are reviewable under Marine Order 1 (s 9(3)). Practitioners must identify the applicable review mechanism for each administrative action, as incorrect applications could be rejected on jurisdictional grounds.
• Exemptions and equivalents are narrowly available and limited to non-foreign vessels. Owners of foreign vessels cannot apply for exemptions or equivalents under ss 7 and 8, which apply to vessel owners “other than a foreign vessel” (s 7(1), s 8(1)). Owners of Australian vessels have a procedural right to apply, but approvals require AMSA satisfaction and must operate within Annex I constraints (s 7(2), s 8(2)).
• Delegation to issuing bodies and recognised organisations can be a source of delay or inconsistency. The Order relies heavily on issuing bodies to issue, endorse and vary IOPP certificates and to approve plans and equipment (see ss 12, 15, 25-26). Recognised organisations acting under agreements with AMSA perform surveys (s 5 note). The quality, pace and interpretations of these bodies can vary, affecting operational timelines.
• Multiple timeframes and notification modalities can trip operators. Key examples: alterations must be notified within seven days (s 19); ship-to-ship transfer notifications must be given at least 48 hours before transfer and in specific channels (s 31 and s 32 note); prescribed incident reports must be made “without delay” and requested reports must be given within 24 hours (s 22(1) and s 22(3)). Non-compliance can trigger parent Act enforcement.
• Foreign-ship treatment differs across provisions. Division 3 (certificate rules) does not apply to foreign vessels (s 6(3)(a)), but other provisions of the Pollution Prevention Act are applied to foreign ships as if they were Australian ships in specified territorial contexts (s 24, s 28, s 33). Operators of foreign vessels must read the instrument carefully to determine which rules apply while in Australian jurisdiction.
• Oil record book time conventions and falsification risk. The Order requires times in oil record books to be expressed in Coordinated Universal Time unless ship’s time is used and conversion to UTC “cannot be readily made” (s 34(2)). False entries in oil record books are actionable under the Pollution Prevention Act (s 33 note). Operational staff must therefore be careful in how time is recorded and ensure accurate entries.
• Construction-compliance notification before cargo operations. Operators or agents of oil tankers that do not comply with Annex I construction requirements must notify AMSA at least 48 hours before loading cargo for carriage to or from an Australian port and supply specified data points (s 23). Failure to provide this information can impede cargo operations.
• The double-hull prohibition is framed by cross-references to Annex I regulation dates. The prohibition on masters taking certain oil tankers into Australian ports after particular dates is phrased in relation to Annex I regulation timelines (s 36), which requires operators to compute applicability precisely against Annex I rules and the vessel’s delivery date.

These “gotchas” emphasise the need for systematic compliance management: tracking IMO instruments, confirming which legal regime applies in a given location (state law carve-outs), identifying the correct review route, and ensuring administrative steps (notifications, survey scheduling, record-keeping) are executed within the tight timeframes the Order sets out.

Compliance under the Marine Order requires a combination of administrative process, technical equipment standards, record-keeping and timely reporting. Below are concrete, actionable steps drawn from the Order’s provisions, structured as a practical checklist for owners, masters, issuing bodies and agents.

1. Confirm applicability

• Determine whether the vessel is a regulated Australian vessel, foreign vessel, recreational vessel or domestic commercial vessel per s 6(1).
• Check whether state or NT law gives effect to the same parts of MARPOL for the relevant area; where it does, the Marine Order may not apply in that area (s 6 note).

2. Certification and surveys

• If regulation 7.1 of Annex I applies to your vessel, ensure you have a valid IOPP certificate (s 11).
• Arrange initial or renewal surveys per regulation 6 of Annex I; these surveys are required for certificate issue (s 13(a)).
• Use issuing bodies or recognised organisations as necessary under AMSA arrangements; refer to Marine Order 1 for application processes (s 12(2), s 5 note).

3. Maintain certificate conditions

• Maintain the vessel and its equipment so they continue to comply with Annex I (s 14(a)).
• Complete surveys required by regulation 6 and make required endorsements (s 14(b)-(c)).
• Seek approval from an issuing body before making any structural alterations affecting surveyed items (s 14(d), s 19 requires notification within 7 days of alterations).

4. Record-keeping and shipboard plans

• Carry the oil record book(s) in the form set out in Appendix III to Annex I: Part I for machinery space operations and Part II for cargo/ballast operations where required (s 34(1)).
• Express times in the oil record book in Coordinated Universal Time unless ship’s time is used and conversion to UTC is not readily made (s 34(2)).
• Develop a shipboard oil pollution emergency plan following MEPC.54(32) guidelines and obtain approval by an issuing body (s 25(1)-(2)).

5. Equipment approvals and standards

• Ensure crude oil washing systems, oil discharge monitoring and control systems, oil content meters and oil filtering equipment meet the specified IMO resolutions and guidelines referenced in ss 37-41 and obtain issuing body approval where required (ss 37-41).
• For equipment installed in different construction eras, note the variant standards referenced in the Order (see ss 39-41 which differentiate by vessel construction date).

6. Reporting and notifications

• Report marine incidents that affect Annex I compliance, equipment failures or anything substantially affecting vessel integrity or efficiency of Annex I equipment per s 21 and Navigation Act reporting requirements (see notes to s 21 referring to ss 185-186).
• For incidents involving discharge or probable discharge of oil or oily mixtures, notify AMSA by the specified means immediately (telephone lines, freecall, email, HF DSC per s 22(1)) and be ready to submit Form AMSA 197 POLREP oil if requested within 24 hours (s 22(2)-(3)).
• For oil tankers not meeting Annex I construction requirements, ensure the operator or agent provides the ship details and cargo/arrival information at least 48 hours before loading cargo for departure to or from an Australian port (s 23).
• For ship-to-ship transfers, prepare and approve a ship-to-ship operations plan with the specified contents, ensure the person in overall advisory control has the qualifications listed in s 27, and notify AMSA at least 48 hours before transfer via sts@amsa.gov.au (ss 26-31).

7. Exemptions, equivalents and electronic records

• If seeking an exemption (s 7) or approval to use an equivalent (s 8), apply to AMSA through the application process set out in Marine Order 1 (Administration) 2013. Be prepared to demonstrate that equivalents are at least as effective and do not contravene Annex I regulation 5.1 (s 8(2)).
• If you intend to keep records electronically, apply to the issuing body for approval and ensure systems meet integrity, accessibility and MEPC.312(74) standards. If refused, the decision is reviewable under section 17 of Marine Order 1 (s 9).

8. Manage administrative relationships

• Coordinate with issuing bodies and recognised organisations early for survey scheduling and certificate endorsements to avoid delays that could lead to loss of certificate validity (ss 12-16).
• Keep agents informed and ensure they have the operational data needed to comply with 48-hour notification requirements for construction non-conformant tankers and for STS operations (s 23, s 31).

9. Training and competency

• Ensure the person in overall advisory control of STS transfers holds the qualifications set out in s 27: a management level deck certificate, oil tanker endorsement, STCW V/1-1 training, and an AMSA-approved ship-handling course.
• Maintain records of competency and training as part of ship-to-ship documentation and plans (s 26 and s 27).

10. Ongoing monitoring and documentation

• Track changes to the IMO instruments referenced in the Order because they are adopted “as amended from time to time” (ss 37-41). Maintain copies of the versions relied upon for approvals.
• Keep all certificates, plans, oil record books and STS records readily accessible for inspection and for producing requested reports within 24 hours (s 22(3), s 26, s 29).

Executing these steps will align a vessel’s administrative and technical posture with the Marine Order. Where doubt exists about the correct review path for decisions or the applicable law in particular waters, seek prompt guidance from AMSA or legal advisers, and document communications and approvals given by issuing bodies to support compliance evidencing.