Marine Order 93 (Marine pollution prevention — noxious liquid substances) 2014

The Order operates by reference to and incorporation of Annex II (MARPOL) and related IMO instruments. The central concepts are:

• Annex II compliance: The Order requires vessels to comply with Annex II where it applies (cl 10). It explicitly references specific Annex II provisions that require administrative action, for example regulation 8 surveys, regulation 10 certification, and regulation 16 measures of control (cl 13, cl 16, cl 29). The Order also notes that AMSA has approved particular testing, ventilation and prewash procedures in accordance with Annex II appendices (cl 10 note).

• IPP certificate: Defined in cl 4, an IPP certificate is a pollution certificate issued under s 132 of the Navigation Act and in the form set out in Appendix III of Annex II. The Order sets the criteria for issue (survey in accordance with regulation 8 and compliance with Annex II, cl 13), conditions (maintenance, completion of surveys, endorsement requirements, restrictions on post-survey alterations and compliance with the Procedures and Arrangements Manual, cl 14), variation (cl 17), revocation (cl 18) and commencement/duration tied to regulation 10 of Annex II (cl 16). For foreign vessels, cl 20 requires certificates issued in accordance with regulation 9.1 of Annex II.

• Exemptions and equivalents: Applicants may seek exemptions for vessels from a requirement of the Order or approval to use an equivalent method or equipment by following the process in Marine Order 1 (Administration) 2013 (cls 8-9). AMSA’s test for exemption or equivalent is equivalence of pollution protection and non-contravention of Annex II (cls 8(2), 9(2)).

• Reporting and record keeping: The Order prescribes incidents that constitute "marine incidents" for Navigation Act reporting purposes (cl 21). It prescribes channels and forms for notification of discharges and harmonises those reporting obligations with the Pollution Prevention Act (cl 22). It prescribes the cargo record book form (Appendix 2 to Annex II), UTC timekeeping for entries unless ship’s time is used and conversion not readily made (cl 24), and specific listed operations or occurrences to be recorded (cl 25).

• Operational measures: The Order prescribes measures to minimise discharges (cl 27), tank washing standards (cl 26), conditions for prewash exemptions (cl 28), and interprets expressions used in Annex II regulation 16 so that administrative functions fall to AMSA and issuing bodies where Annex II uses national terms (cl 29).

• Administration and decision-makers: The Order repeatedly allocates decision-making authority to AMSA as the Administration (cl 6), to issuing bodies for certificate endorsements (cl 15), and to AMSA-employed surveyors (cl 29). Marine Order 1 is the procedural gateway for applications and reviews of exemptions/equivalents (cls 8-9, notes).

These concepts function together: survey and certification (registration, IPP) are the legal gate; record-keeping, reporting and operational measures are the compliance downstream obligations; exemptions and equivalents provide a formal flexibility mechanism; AMSA is the central regulator that decides and endorses.

The Order affects several classes of actors, with different obligations and decision-making roles.

Owners and operators of Australian vessels: The Order applies to regulated Australian vessels, domestic commercial vessels and recreational vessels with Australian nationality to which Annex II applies, and to Commonwealth vessels on non-commercial service (cl 5(1)). These owners and operators must obtain and maintain IPP certificates where regulation 9.1 of Annex II requires (cl 11), ensure vessels are surveyed per regulation 8 of Annex II (cl 13), maintain equipment and the Procedures and Arrangements Manual, ensure endorsements are made (cl 14), and notify AMSA and issuing bodies of alterations within seven days (cl 19). Owners and masters must also report prescribed marine incidents (cl 21) and notify discharges via the specified channels and forms (cl 22).

Masters and crew: The master must ensure compliance with operational requirements on board, keep and make available the cargo record book for endorsement where applicable (cl 28(2)), follow the Procedures and Arrangements Manual (cl 14(e)), and report incidents and failures that may affect Annex II compliance (cl 21). The master’s duties include making the cargo record book available for AMSA endorsement when a prewash exemption is given (cl 28(2)).

Foreign vessel operators visiting Australian jurisdiction: The Order applies (other than Division 3) to foreign vessels to which Annex II applies (cl 5(2)). Division 4 (cl 20) requires foreign vessels to have a certificate issued in accordance with regulation 9.1 of Annex II when that regulation applies. Division 6 applies certain provisions of the Pollution Prevention Act to foreign vessels for sections 22A to 26AA (note under cl 5(2)), signalling that pollution prevention reporting and record obligations can be applied to foreign ships.

AMSA and issuing bodies: AMSA is taken to be the Administration for specific Annex II provisions (cl 6(1)). AMSA has delegated powers to approve certain Annex II appendices procedures and to perform survey, endorsement and approval functions (cl 10 note; cl 29). Issuing bodies must make endorsements on IPP certificates (cl 15) and issue or vary certificates in accordance with the criteria in cls 13 and 17. AMSA decides on exemptions and equivalents in accordance with Marine Order 1 (cls 8-9).

Recognised organisations and surveyors: The Order contemplates the use of recognised organisations (defined in Marine Order 1) and persons employed by AMSA as surveyors for certain functions (cl 6, cl 29). Issuing bodies and recognised organisations may be the entities that conduct surveys or endorsements in practice, subject to the framework in Marine Order 1 and the Navigation Act references in cl 3.

Ports and terminal operators and State parties: Prewash exemptions are only available for voyages to ports or terminals under the jurisdiction of a State party to the Convention (cl 28(1)). Where a prewash exemption is granted, AMSA endorses the cargo record book (cl 28(2)). Thus ports and terminals in State party jurisdictions are relevant to operational planning for prewash activities.

Compliance service providers and classification societies: They will be engaged by owners/operators to obtain BCH/IBC code certificates, to plan surveys, to prepare Procedures and Arrangements Manuals and cargo record books, and to liaise with AMSA or recognised organisations for approvals, equivalents and exemptions. The Order expressly links compliance to BCH and IBC Code certification exceptions (cl 11(2)) and references IMO guidance and codes (cls 4, 27).

In sum, the Order distributes costs and decision duties primarily to vessel owners and masters (operational and reporting compliance), places administrative approval authority with AMSA (certification, exemptions, equivalents and enforcement linkage), and requires coordination with issuing bodies, recognised organisations, surveyors and relevant port authorities.

The Order converts Annex II obligations into specific duties and confers limited rights relating to exemptions, equivalents and certificate handling. Below are the principal duties and procedural rights, with the clause references.

Duties on owners/operators and masters:

• Obtain and maintain an IPP certificate if regulation 9.1 of Annex II applies to the vessel (cl 11(1)). The duty is subject to an exception where a certificate of fitness under the BCH Code or IBC Code is in force (cl 11(2)).
• Ensure the vessel has been surveyed in accordance with regulation 8 of Annex II and that it complies with Annex II requirements (cl 13).
• Maintain the vessel and equipment to comply with Annex II and the Procedures and Arrangements Manual (cl 14(a), (e)), and ensure any survey requirements are completed per Annex II (cl 14(b)).
• Obtain required endorsements and ensure they are made by an issuing body (cls 14(c), 15).
• Seek AMSA approval for changes to structure, equipment or arrangements covered by a completed survey, except direct replacements of equipment and fittings (cl 14(d)).
• Notify AMSA and the issuing body of alterations within seven days after the alteration is made (cl 19).
• Report prescribed marine incidents and other prescribed incidents that affect Annex II compliance (cl 21). This includes equipment failure that may affect compliance, incidents affecting compliance, or anything that substantially affects integrity or equipment efficiency (cl 21(a)-(c)).
• In the event of a discharge incident, notify via the specified channels (telephone, fax, email, Inmarsat etc.) and lodge the AMSA Form 196 report where requested, within 24 hours of receiving a request for the report (cl 22(1)-(3)).

Duties on foreign vessels:

• A foreign vessel to which regulation 9.1 of Annex II applies must have a certificate issued in accordance with that regulation (cl 20).
• Division 6 prescribes that certain Pollution Prevention Act provisions apply to foreign vessels, allowing sections 22A to 26AA of that Act to be applied without modification or exception to a foreign ship (cl 5(2) note).

Administrative rights and processes:

• Right to apply for exemptions from a requirement of this Order where regulation 4 of Annex II applies, following the process in Marine Order 1 (cl 8(1)). AMSA may grant an exemption if it provides equivalent protection and will not contravene Annex II (cl 8(2)).
• Right to apply for approval to use an equivalent under the Marine Order 1 application process (cl 9(1)). AMSA may approve an equivalent if it is at least as effective and does not contravene regulation 5.1 of Annex II (cl 9(2)).
• Right to have IPP certificate variations and endorsements processed by issuing bodies, within the criteria for variation in cl 17 and endorsement requirements in cl 15.
• Right to internal review processes in Marine Order 1 for some administrative decisions; however the Order notes that decisions about pollution certificates are reviewable under subsection 313(1) of the Navigation Act rather than Marine Order 1 internal review (cl 12 note).

Certificate management:

• IPP certificates commence and cease in accordance with regulation 10 of Annex II (cl 16). The Order sets out revocation criteria including likely or actual breach of certificate conditions, failure to make required endorsements, loss of Australian registration, and owner-requested revocation (cl 18(a)-(d)).

Record-keeping and plan rights:

• The prescribed cargo record book form is Appendix 2 to Annex II and must be used (cl 24(1)). If time is required, it must be expressed in Coordinated Universal Time unless ship’s time is used and conversion cannot be readily made (cl 24(2)).
• The prescribed form for shipboard marine pollution emergency plans is the example in Appendix II to the IMO guidance (cl 23).

Operational duties:

• Follow specific measures to minimise discharges depending on vessel type and construction date, including the IBC Code (vessels constructed after 30 June 1986), BCH Code (vessels constructed before 1 July 1986 where practicable), IMO guidance for offshore support vessels, and IMO guidance for vegetable oil carriage in general dry cargo vessels (cl 27).
• Tank washing and cleaning must be performed in accordance with Appendix VI of Annex II where applicable (cl 26).

These duties create a compliance chain from design and survey to operational behaviour and post-incident reporting. Rights to exemptions and equivalents are procedural and contingent on AMSA approval and the Marine Order 1 process (cls 8-9). The Order delegates many operational decision points to AMSA and issuing bodies (cls 6, 15, 29).

Marine Order 93 does not itself specify monetary penalties. Enforcement and sanctions arise by reference to the Navigation Act 2012 and the Protection of the Sea (Prevention of Pollution from Ships) Act 1983. The Order creates enforceable obligations and links to statutory regimes in its enabling clauses and notes; the mechanics are as follows.

Regulatory linkage and scope for penalties:

• The Order is made under the Navigation Act and the Pollution Prevention Act and repeatedly references statutory provisions that permit regulations and orders about pollution certificates, certificates generally, MARPOL implementation and AMSA powers (cl 3(1)-(3)). That means breaches of duties in the Order will feed into the enforcement framework and penalty provisions contained in those Acts and their subordinate instruments. The Order itself sets administrative criteria for issuance, variation and revocation of IPP certificates (cls 13-18), and a failure to comply with certificate conditions is a ground for revocation (cl 18(a)).

Certificate revocation and survey enforcement:

• An IPP certificate may be revoked if a condition is, or is likely to be, breached; if an endorsement has not been made; if the vessel ceases to be registered in Australia; or on written request of the owner (cl 18(a)-(d)). Revocation is a regulatory enforcement tool that can have operational consequences, including prohibition on trading, boarding, detention or other actions under the Navigation Act and associated regulations.

Reporting obligations and potential offences:

• The Order prescribes marine incidents for the purpose of the Navigation Act’s marine incident reporting obligations (cl 21). The owner and master must report marine incidents to AMSA as required under the Navigation Act (cl 21 note). Non-compliance with statutory reporting duties under the Navigation Act or the Pollution Prevention Act may attract enforcement action under those Acts, including penalties specified in those Acts rather than in the Marine Order.

Application to foreign vessels and extension of statutory provisions:

• Division 6 prescribes matters for the Pollution Prevention Act and notes that Division 6 applies to foreign vessels for subsections 32(1) and 32(1A) of the Pollution Prevention Act, allowing sections 22A to 26AA to be applied without modification or exception to a foreign ship (cl 5(2) note). This means that the enforcement powers and penalties in the Pollution Prevention Act relevant to those sections can, in practical effect, be applied to foreign vessels in Australian jurisdiction.

Discretionary powers and administrative sanctions:

• AMSA is taken to be the Administration for specified Annex II functions and has discretion to approve procedures (cl 6; cl 10 note). AMSA may impose conditions on exemptions and equivalents via Marine Order 1 (cls 8-9 and notes). Administrative sanctions therefore include certificate revocation, denial of endorsements, refusal of exemptions/equivalents, and imposition of conditions on approvals.

Procedural enforcement risks:

• The obligation to notify alterations within seven days (cl 19) creates a compliance trigger that could lead to enforcement if ignored because it feeds into certificate validity. Similarly, failure to maintain equipment per certificate conditions (cl 14(a)) or to complete surveys (cl 14(b)) are grounds for revocation (cl 18).

What the Order does not do:

• It does not set penalty levels, specify criminal elements, nor detail inspection or detention mechanics; those are borne by the enabling Acts. Users must check the Navigation Act and the Pollution Prevention Act for exact penalty provisions, offence definitions and enforcement procedure. The Order maps operational obligations into those Acts’ enforcement frameworks rather than re-stating them.

For practical enforcement planning, holders of IPP certificates should treat AMSA’s approval, endorsement and survey functions as central enforcement chokepoints, and reporting and notification duties as statutory triggers that link to penalties under the parent Acts.

Marine Order 93 is an implementing instrument that links Annex II of MARPOL to Australian statutes and other Marine Orders. The interaction is explicit in the Order’s text; the following are the principal legal intersections.

Navigation Act 2012 and Pollution Prevention Act:

• The Order is made under both statutes (cl 3). It uses the Navigation Act’s provisions permitting regulations on pollution certificates, matters about certificates, and giving effect to MARPOL (cl 3(2)(a)-(d)). It uses the Pollution Prevention Act’s powers to prescribe matters required for that Act and to give effect to MARPOL (cl 3(3)). Consequently, the Order’s duties are networked into those Acts’ enforcement frameworks, review paths and administrative powers. For example, decisions about pollution certificates are reviewable under subsection 313(1) of the Navigation Act (cl 12 note), not the internal review process in Marine Order 1.

Marine Order 1 (Administration) 2013:

• Marine Order 1 is repeatedly referenced as the procedural vehicle for applications, exemptions, equivalents, surveys, endorsement practice and internal application rules (cls 8-9, cl 12 note, cl 19 note). Applicants seeking exemptions or equivalents must follow Marine Order 1’s application process; Marine Order 1 also prescribes timeframes, conditions, notifications and review mechanisms. The Order therefore depends on Marine Order 1 for administrative practice.

Other Marine Orders:

• The Order explicitly excludes regulation 11 of Annex II as given effect by Marine Order 17 (Liquefied gas carriers and chemical tankers) 2006 (cl 2 note). It also references the IBC Code and BCH Code definitions as given in Marine Order 17 (cl 4). Marine Order 93 therefore interacts with sector-specific Marine Orders where Annex II cross-references other Codes.

MARPOL Annex II and IMO instruments:

• The Order gives effect to specific Annex II regulations and appendices. It references Appendix II and III of Annex II for record books and IPP certificate form (cl 24(1), cl 4 definition). It requires compliance with Annex II measures, survey requirements in regulation 8, certification in regulation 10, control measures in regulation 16, and prewash procedures in Appendix VI (cl 10; cl 27; cl 28). It also imports IMO guidance and resolutions for tests, ventilation procedures and prewash approvals (cl 10 note; cl 27). The Order therefore binds Australian vessels to the international technical standards in these instruments, subject to AMSA approval and equivalence procedures.

BCH Code and IBC Code:

• The Order recognises BCH and IBC Code certificates as alternative compliance for subsections where a certificate of fitness under those Codes is in force (cl 11(2)). The Order also prescribes which code provisions apply depending on vessel construction date (cl 27(a)). That interaction channels BCH/IBC certification into the domestic compliance framework and creates an exception to the IPP requirements where such certificates are effective.

Transport Safety Investigation Act and other reporting regimes:

• The Order’s note on reporting (cl 21 note 3) points to other reporting regimes such as the Transport Safety Investigation Act 2003 (ss 18-19). Reporting obligations under the Order coexist with and may overlap with incident reporting to transport safety investigators. Operators need to coordinate statutory reporting duties across Acts.

State party ports and international jurisdiction:

• The Order conditions prewash exemptions on voyages to ports or terminals under the jurisdiction of a State party to MARPOL (cl 28(1)). That condition imports international treaty status of third-party ports into operational planning and indicates that domestic exemptions are bounded by where the vessel intends to discharge or call.

Other Australian legislation:

• The Order’s amendment and compilation notes refer to interactions with the Legislation Act 2003, indicating that certain provisions (labelled 1A and 1B in the table) were repealed by the Legislation Act 2003 (Notes). Administrative amendments (MO 2016/18) are recorded in the compilation (Notes). These interactions matter for legal validity and transitional application.

Overall, the Order functions as a node that connects international standards (Annex II and IMO codes) to domestic administrative processes (AMSA, Marine Order 1) and statutory enforcement architecture (Navigation Act, Pollution Prevention Act). Practitioners should treat the Order as the procedural and operational implementation of Annex II obligations, with enforcement and sanctions arising under the enabling Acts.

The compilation includes the Marine Orders that form the consolidated text and records two Marine Orders relevant to this instrument. The recorded changes in the compilation are:

• Marine Order 93 (Marine pollution prevention , noxious liquid substances) 2014 (MO 2014/10), registered 2 June 2014 and commenced 1 July 2014 (Notes table). That Marine Order is the primary instrument making the current arrangements described in the compilation.

• Marine Order 81 (Administration amendment) 2016 (MO 2016/18), registered 12 December 2016 and commencing 13 December 2016 (Notes table). The compilation date is 13 December 2016 and the compilation was prepared on 14 December 2016 taking into account amendments up to Marine Order 81 (Administration amendment) 2016 (front matter).

The amendments table in the compilation indicates specific provision-level changes:

• Provisions labelled 1A and 1B were repealed, with the entry showing "rep. Legislation Act 2003, s. 48D" and "rep. Legislation Act 2003, s. 48C" respectively (amendments table). The table does not expand on the content of those repealed provisions within the compilation; it simply records the repeals and the amending instrument.

• Provision 21 was amended by MO 2016/18 (am. 2016/18) according to the amendments table. Provision 21 in the current text prescribes marine incidents for the purposes of the Navigation Act (cl 21). The amendment note indicates that clause 21 was changed in the 2016 administrative amendment, though the compilation does not provide the prior text; the current clause prescribes equipment failure affecting Annex II compliance, incidents affecting compliance, and anything substantially affecting integrity or equipment efficiency (cl 21).

The compilation includes general notes referring to the availability of AMSA’s website for documents and forms, and the relationship to Marine Order 1 for procedures on exemptions and equivalents. It also records that the compilation was prepared to take account of amendments up to MO 2016/18 (front matter).

Practitioners should note:

• The compilation records only the orders and amendment table entries; it does not reproduce the text of MO 2016/18 as a separate instrument. To identify the precise changes made in 2016, practitioners should consult the text of MO 2016/18 and earlier versions archived by AMSA or the Federal Register of Legislation.

• The table entries referencing repeal by the Legislation Act 2003 indicate historical interactions with Commonwealth legislative housekeeping, but the compilation itself does not indicate operational effect of those repeals beyond marking the provisions as removed.

The compilation date (13 December 2016) and the registration/commencement dates provide the timeline for when the current text became effective. For current practice, always verify whether further Marine Orders or legislative amendments have occurred since the compilation date.

This Marine Order compilation does not record any litigation, judicial determinations, or administrative appeals relating to its provisions. The text and notes do reference review avenues: decisions about pollution certificates are reviewable under subsection 313(1) of the Navigation Act rather than Marine Order 1 internal review processes (cl 12 note). That indicates an established statutory review mechanism for certificate decisions, but the compilation does not list any cases that have tested the Order’s provisions in court or tribunal.

What the compilation does show relevant to dispute and enforcement pathways:

• Certificate decisions, including issuance, variation and revocation of IPP certificates, fall into the Navigation Act’s reviewable decision framework (cl 12 note; cls 13-18). Practitioners should therefore expect judicial review, merits review or administrative appeal rights as provided under the Navigation Act and Administrative Decisions (Judicial Review) Act where applicable.

• Marine Order 1 contains internal application review rules, timeframes and processes for exemptions and equivalents (cls 8-9 note). However the compilation clarifies that some actions concerning pollution certificates are subject to Navigation Act review provisions rather than Marine Order 1’s internal review (cl 12 note). That demarcation can affect the procedural route an applicant takes when challenging a decision.

Because the compilation does not list litigation, practitioners seeking precedent or judicial interpretation of Marine Order 93’s provisions must search judicial and tribunal databases for decisions invoking:

• the Navigation Act’s s 132-137 series on pollution certificates and related review provisions;
• the Pollution Prevention Act’s provisions as applied to foreign vessels and discharge incidents; and
• any cases involving AMSA’s exercise of powers as the Administration under Annex II or its discretionary decisions on exemptions, equivalents and endorsement.

Absent recorded litigation in the compilation, the Order’s interpretation and enforcement practice are therefore likely to be shaped predominantly by AMSA administrative practice, issuance policies, and any subsequent litigation not recorded in this 2016 compilation.

Several operational and legal pitfalls are embedded in the Order’s mechanics. These are practical traps that owners, masters, issuing bodies and advisers commonly face if they assume international compliance without checking the domestic overlay.

1. IPP certificate exceptions and BCH/IBC interplay (cl 11(2))

• Gotcha: A vessel might assume it needs an IPP certificate simply because Annex II applies. Clause 11(2) creates a carve-out where a certificate of fitness under the BCH Code or the IBC Code is in force. Practitioners must confirm whether a BCH/IBC certificate covers the same carriage and whether it is current. Failure to recognise the exception can lead to duplicate certification processes or unnecessary applications.

2. Survey and post-survey alteration approvals (cls 13-14, 19)

• Gotcha: After an Annex II survey is completed, any change to structure, equipment, systems, fittings, arrangements or material covered by the survey must be approved by AMSA, except for direct replacement of equipment and fittings (cl 14(d)). Owners who replace a tank valve, pipework or modify cargo handling arrangements without AMSA approval can trigger a breach leading to revocation grounds (cl 18(a)). Additionally, the seven-day window to inform AMSA and the issuing body of alterations (cl 19) is short; failure to notify within seven days can create disclosure and revocation risk.

3. Exemptions and equivalents are discretionary and procedural (cls 8-9)

• Gotcha: The Order delegates the application process to Marine Order 1. Applicants who submit incomplete equivalence or exemption applications, or who rely on informal assurances, risk delay or refusal. AMSA’s test requires equivalence in pollution protection and non-contravention of Annex II (cls 8(2), 9(2)). There is no automatic right to an equivalent; equivalence must be demonstrated.

4. Reporting channels and forms are prescriptive (cl 22)

• Gotcha: The Order prescribes particular methods of notification for discharges, including telephone numbers, fax, email and Inmarsat details (cl 22(1)). It also requires AMSA Form 196 for certain reports and a 24-hour timeframe for providing a requested report (cl 22(2)-(3)). Using the wrong channel or missing the 24-hour window can breach the Pollution Prevention Act notification scheme as applied by the Order.

5. Timekeeping in cargo record books (cl 24(2))

• Gotcha: The cargo record book must express times in Coordinated Universal Time (UTC) unless ship’s time is used and conversion to UTC cannot be readily made (cl 24(2)). Many operational logs use ship’s local time by default. Failure to enter UTC where required may cause record discrepancies that are legally problematic in an incident.

6. Prewash exemption limits (cl 28)

• Gotcha: A prewash exemption may only be granted if the vessel is engaged on a voyage to a port or terminal under the jurisdiction of a State party to the Convention (cl 28(1)). Assuming all ports accept prewash exemptions is risky. In addition, when a prewash exemption is granted the master must make the cargo record book available for AMSA endorsement (cl 28(2)), which may have scheduling implications.

7. Interpretation of Annex II regulation 16 functions (cl 29)

• Gotcha: Clause 29 reassigns functions expressed to be exercisable by national governments in Annex II to AMSA, issuing bodies and AMSA-employed surveyors. Practitioners dealing with foreign administrations or expecting local port authorities to perform certain functions must check that AMSA carries the specific power domestically. Misunderstanding who is the competent authority can misdirect applications and delay operations.

8. Foreign vessel coverage and Division 3 carve-out (cl 5(2), cl 20)

• Gotcha: Division 3 (IPP certificate regime for Australian vessels) does not apply to foreign vessels (cl 5(2)); foreign vessels have separate certificate requirements under cl 20. Operators may erroneously apply the domestic IPP certificate process to foreign ships visiting Australia and fail to confirm foreign-issued certificates are in accordance with regulation 9.1 of Annex II.

9. Reliance on AMSA approvals for procedures referenced in Annex II (cl 10 note)

• Gotcha: The Order notes that AMSA has approved certain testing, ventilation and prewash procedures (cl 10 note). Vessel operators cannot assume that the version of an IMO appendix in force internationally is automatically accepted domestically; AMSA approval status should be checked.

10. No penalty detail in the Order itself

• Gotcha: Because the Order does not specify penalties, parties may under-estimate the risk of enforcement. Non-compliance feeds into the Navigation Act and the Pollution Prevention Act enforcement regimes; the practical consequence of revocation or prosecution may be severe, even though Marine Order 93 itself does not set penalty amounts.

These practical issues emphasise the need to coordinate surveys, certificates, approvals and reporting with AMSA and recognised organisations, and to follow Marine Order 1 procedures closely.

Compliance requires a deliberate program across vessel design, survey and operation. The following is a practical checklist mapped to the Order’s provisions and the procedures it references.

1. Determine applicability

• Confirm whether Annex II applies to the vessel and whether the vessel falls within the Order’s application classes (regulated Australian vessel, domestic commercial vessel, Australian recreational vessel, Commonwealth non-commercial vessel) (cl 5(1)). For foreign vessels, check cl 5(2) and cl 20.

2. Certification and survey

• If regulation 9.1 of Annex II applies, obtain an IPP certificate or verify that a BCH/IBC Code certificate of fitness is in force (cl 11(1)-(2)).
• Arrange surveys in accordance with regulation 8 of Annex II and the criteria in cl 13. Use recognised organisations or AMSA surveyors as appropriate, and ensure that survey schedules are met to avoid lapses that could trigger revocation (cl 13, cl 14(b)).

3. Maintain certificate conditions

• Establish maintenance protocols to keep the vessel and equipment in compliance with Annex II and the Procedures and Arrangements Manual (cl 14(a), (e)). Keep documentation of maintenance and any replacements that qualify as direct replacements versus modifications requiring AMSA approval (cl 14(d)).

4. Endorsements and variations

• Ensure issuing bodies make required endorsements and that any required certificate variations comply with regulation 10 of Annex II and cl 17. Coordinate endorsements with issuing bodies (cl 15, cl 17).

5. Alterations and notification

• If you make an alteration to structure, equipment, systems, fittings, arrangements or material covered by a completed survey, obtain AMSA approval except where the change is a direct replacement of equipment and fittings (cl 14(d)). Notify AMSA and the issuing body within seven days of the alteration (cl 19). Use AMSA’s approved form available on the AMSA website (cl 19 note).

6. Reporting systems and forms

• Implement an incident reporting system aligned with cl 21 and cl 22. Set up procedures to report prescribed marine incidents to AMSA using the specified channels (telephone, fax, email, Inmarsat, AFTN) and ensure AMSA Form 196 is available and used for requested reports (cl 22(1)-(3)). Build escalation and timeline triggers so that reports required within 24 hours are prepared promptly (cl 22(3)).

7. Cargo record book and timekeeping

• Use the cargo record book form set out in Appendix 2 to Annex II (cl 24(1)). Ensure times are recorded in UTC unless ship’s time is used and conversion cannot be readily made (cl 24(2)). Train bridge and cargo officers to record and preserve entries, and to make the book available for inspection and endorsement where required (cl 28(2)).

8. Tank washing and operational measures

• Ensure tank washing and cleaning are done in accordance with Appendix VI of Annex II (cl 26). Apply the measures to minimise discharges as set out in cl 27 , check vessel construction date to determine whether the IBC Code, BCH Code, or offshore support vessel guidelines apply (cl 27(a)-(c)). For carriage of vegetable oils in general dry cargo vessels, follow the IMO guidance referenced (cl 27(c)).

9. Exemptions and equivalents

• If seeking an exemption or approval to use an equivalent, prepare an application under Marine Order 1 (Administration) 2013 and provide evidence that the exemption or equivalent is at least as effective and does not contravene Annex II (cls 8-9). Anticipate conditions on approvals and timeframes for AMSA consideration (cls 8-9 notes).

10. Prewash planning

• If prewash is needed, ensure the voyage is to a port or terminal under the jurisdiction of a State party to MARPOL for an exemption to be available (cl 28(1)). Coordinate with AMSA to ensure the cargo record book is available for endorsement on arrival (cl 28(2)).

11. Chain of command and training

• Update Procedures and Arrangements Manual and train masters and crew on reporting requirements, cargo record book entries, and the operational measures required by Annex II as implemented by the Order (cl 14(e), cl 23). Confirm that masters know AMSA contact channels and have access to the required forms (cl 22).

12. Liaison with AMSA and issuing bodies

• Maintain proactive communication with AMSA, issuing bodies and recognised organisations for surveys, endorsements, equivalence requests, and approvals. Understand that AMSA is the Administration for certain Annex II functions (cl 6), and that some decisions (pollution certificate decisions) are reviewable under the Navigation Act (cl 12 note).

13. Documentation and audit trail

• Keep a contemporaneous audit trail of surveys, certificates, endorsements, alterations notifications, maintenance records, tank washing records, cargo record book entries and any correspondence with AMSA or issuing bodies. Anticipate inspection and potential administrative review or enforcement by AMSA.

14. Review applicable law and updates

• Check AMSA’s website for updated guidance, approved procedures, and forms; confirm whether additional Marine Orders or amendments have been made after the 13 December 2016 compilation (Notes). Review the Navigation Act and Pollution Prevention Act provisions that give effect to enforcement and penalty regimes.

Following these steps aligns operational practice with the Order’s requirements and with the administrative procedures referenced in Marine Order 1 and the enabling statutes. Compliance is a mix of technical (tank washing, codes), administrative (certificates, surveys, notifications) and procedural (reporting, record-keeping) tasks.