Marine Order 97 (Marine pollution prevention — air pollution) 2022

Marine Order 97 (Marine pollution prevention , air pollution) 2022 gives domestic legal effect to MARPOL Annex VI for vessels subject to Australian law and prescribes related matters under the Navigation Act 2012 and the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 (the Pollution Prevention Act). The instrument commences 1 January 2023 (s 1A) and repeals the 2013 Marine Order 97 (s 1B). The Order explicitly declares its purposes as giving effect to Annex VI, providing matters for Chapter 4 of the Navigation Act and prescribing matters for Part IIID of the Pollution Prevention Act (s 2(1)(a)-(c)).

Mechanically, the Order:

Makes compliance with the applicable parts of Annex VI mandatory in Australian national law (s 10(1)-(2));
Prescribes which vessels must hold which certificates (IAPP, IEE) and sets criteria for issue, variation, endorsement and revocation of those certificates (Div 3, ss 11-23);
Requires EIAPP certificates and technical files for marine diesel engines to which regulation 13 of Annex VI applies, with particular timing for regulated Australian vessels, recreational vessels with Australian nationality and domestic commercial vessels (Div 7, ss 32-36);
Sets offences and civil penalties, many on a strict liability basis, for breaches such as emissions of ozone depleting substances, failing to keep required documents on board, operating engines outside NOx limits, incinerator noncompliance and various record keeping and delivery obligations (see ss 27-31, 37-46, many others);
Prescribes sulphur limits for fuel oil and related fuel-supply obligations, including a Register of Local Suppliers of Fuel Oil, bunker delivery note and sample procedures, sampling retention and supplier inspection powers (Div 10, ss 57-69);

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Banner of the Australian Maritime Safety Authority with coat of arms for the Commonwealth of Australia

AMSA MO 2022/4

Marine Order 97 (Marine pollution prevention — air pollution) 2022

I, Mark Morrow, Acting Chief Executive Officer of the Australian Maritime Safety Authority, make this Order under subsection 342(1) of the Navigation Act 2012 and subsection 34(1) of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.

29 November 2022

Mark Morrow

Acting Chief Executive Officer

Division 1 Preliminary

1 Name of Marine Order

1A Commencement

1B Repeal of Marine Order 97 (Marine pollution prevention — air pollution) 2013

2 Purpose

3 Power

4 Definitions

5 Interpretation

6 Application

7 Equivalents

8 Approval of electronic record books

9 Marine incidents

Division 2 Requirements of Annex VI

10 Convention requirements

Division 3 Navigation Act certificates and exemption certificate

Subdivision 3.1 Matters about certificates

11 Certificates required

12 Applying for certificates

13 Form of certificates

14 Reports of alterations to vessels

15 Exemption

Subdivision 3.2 IAPP certificates

16 Criteria for issue of IAPP certificates

17 Criteria for variation of IAPP certificates

18 Commencement and duration of IAPP certificates

19 Criteria for revocation of IAPP certificates

20 Endorsement of IAPP certificate

Subdivision 3.3 IEE certificates

21 Criteria for issue of IEE certificates

22 Commencement and duration of IEE certificates

23 Criteria for revocation of IEE certificates

Division 4 Requirements for foreign vessels and certain recreational vessels

24 Requirements for foreign vessels and certain recreational vessels

Division 5 Vessels not engaged on overseas voyages

25 Vessels ≥400 GT not on overseas voyages

Division 6 Ozone depleting substances

26 Ozone depleting substances — equipment and installations

27 Release of ozone depleting substances

28 Ozone depleting substances on vessels constructed after 2019

29 Ozone depleting substances on vessels constructed between 2005 and 2019

30 Delivery of ozone depleting substances to reception facilities

31 Ozone depleting substances record book

Division 7 EIAPP certificates and nitrogen oxide emissions

32 EIAPP certificates for engines on regulated Australian vessels and recreational vessels with Australian nationality

33 EIAPP certificates for engines on domestic commercial vessels

34 Application for EIAPP certificate

35 Issue of EIAPP certificate

36 Commencement and duration of EIAPP certificates

37 Taking vessels to sea without required documents

38 Documents to be kept on board vessels

39 Engine suppliers must provide documents

40 Person who carries out major conversion must provide documents

41 Operation of engines not in accordance with emission limits

42 Engine status in NOx Tier III emission control areas

Division 8 Incineration on board vessels

43 Restrictions on incineration on board vessels

44 Exclusion of incinerator from Annex VI requirements

45 Responsibilities of owner

46 Responsibilities of master

Division 9 Energy efficiency

Subdivision 9.1 Application of Division

47 Application of this Division

Subdivision 9.2 EEDI and EEXI

48 Attained EEDI

49 Attained EEXI

50 Required EEDI

51 Required EEXI

52 Ship energy efficiency management plan (SEEMP)

53 Waiver of certain requirements

Subdivision 9.3 Fuel oil consumption and CII reporting

54 Requirement for statement of compliance

55 Issue of statement of compliance

56 Form and duration of statement of compliance

Division 10 Matters prescribed for the Pollution Prevention Act

Subdivision 10.1 Sulphur content of fuel oil

57 Sulphur content of fuel oil — prescribed limits

58 Prescribed level of total emission of sulphur oxides

59 Operation of Annex VI approved equivalents

60 Notification of fuel oil non-availability

61 Flushing fuel oil service systems

62 Record of prescribed fuel-changeover operations

63 Approval of Annex VI approved equivalents

Subdivision 10.2 Fuel oil — suppliers and delivery

64 Register of Local Suppliers of Fuel Oil

65 Requirements for registration

66 Removal from Register

67 AMSA to conduct inspections, audit, sampling

68 Bunker delivery note and sample

69 Fuel oil sample retention

Division 11 Transitional and savings

70 Transitional

71 Savings

Division 1 Preliminary

1 Name of Marine Order

This Marine Order is Marine Order 97 (Marine pollution prevention — air pollution) 2022.

1A Commencement

This Marine Order commences on 1 January 2023.

1B Repeal of Marine Order 97 (Marine pollution prevention — air pollution) 2013

Marine Order 97 (Marine pollution prevention — air pollution) 2013 is repealed.

2 Purpose

(1) This Marine Order:

(a) gives effect to Annex VI (which deals with prevention of air pollution from vessels); and

(b) provides for matters for Chapter 4 of the Navigation Act (which deals with prevention of pollution from vessels); and

(c) prescribes matters for Part IIID of the Pollution Prevention Act (which deals with prevention of air pollution from vessels).

3 Power

(1) This Marine Order is made under both the Navigation Act and the Pollution Prevention Act.

(2) The following provisions of the Navigation Act provide for this Marine Order to be made:

(a) subsection 130(1) which provides that the regulations may provide for pollution certificates;

(b) subsection 130(2) which provides that, without limiting subsection 130(1), the regulations may give effect to MARPOL;

(c) paragraph 130(3)(e) which provides that the regulations may provide that vessels in a particular class must have pollution certificates of specified kinds, either generally or in specified circumstances, including certificates relating to air pollution or ozone depleting substances;

(d) section 314 which provides for regulations to be made prescribing matters for the application for certificates and, among other things, the criteria for issue, variation and revocation of certificates, the conditions which certificates are subject to and the time certificates cease to be in force;

(e) subsection 339(1) which provides for regulations to be made prescribing matters required or permitted to be prescribed, or that are necessary or convenient to be prescribed, for carrying out or giving effect to the Act.

(f) paragraph 340(1)(c) which provides that the regulations may provide for giving effect to MARPOL;

(g) subsection 342(1) which provides that AMSA may make a Marine Order about matters that can be provided for by regulation.

(3) The following provisions of the Pollution Prevention Act provide for this Marine Order to be made:

(a) paragraphs 33(1)(a) and (b) which provide for regulations to be made prescribing matters required or permitted to be prescribed, or that are necessary or convenient to be prescribed for carrying out or giving effect to the Act;

(b) paragraph 33(1)(c) which provides for regulations under paragraphs 33(1)(a) and (b) to be made to give effect to MARPOL;

4 Definitions

In this Marine Order:

2015 Guidelines means 2015 Guidelines for exhaust gas cleaning systems adopted by IMO Resolution MEPC.259(68) and as amended from time to time.

Annex I means Annex I of MARPOL.

Annex VI means Annex VI of MARPOL.

CII means carbon intensity indicator.

EEDI means Energy Efficiency Design Index.

EEXI means Energy Efficiency Existing Ship Index.

EIAPP certificate (short for engine international air pollution prevention certificate) means an EIAPP certificate issued in accordance with the NOx Technical Code.

Note The form of an EIAPP certificate is set out in Appendix I to the NOx Technical Code.

electronic record book is a record of information in electronic form that is approved by an issuing body in accordance with section 8.

emission control area has the meaning given by regulation 2 of Annex VI.

IAPP certificate (short for 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 air pollution or ozone depleting substances issued under section 319 of the Navigation Act for a vessel.

Note The form of an IAPP certificate is set out in Appendix I to Annex VI.

IAPP exemption certificate (short for international air pollution prevention exemption certificate for unmanned non-self-propelled (UNSP) barges) means an exemption certificate issued under paragraph 4 of regulation 3 of Annex VI.

Note The form of an IAPP exemption certificate is set out in Appendix XI to Annex VI.

IEE certificate (short for international energy efficiency certificate) means:

(a) a pollution certificate relating to the energy efficiency of a vessel issued under section 132 of the Navigation Act; or

(b) a certificate relating to the energy efficiency of a vessel issued under section 319 of the Navigation Act.

Note The form of an IEE certificate is set out in Appendix VIII to Annex VI.

installed, for a marine diesel engine, has the meaning given by regulation 2 of Annex VI.

major conversion has the meaning given by regulation 13 of Annex VI.

m/m means mass by mass.

NOx Technical Code has the meaning given by regulation 2 of Annex VI.

NOx Tier III emission control area is an emission control area mentioned in paragraph 6 of regulation 13 of Annex VI.

ozone depleting substance means any substance covered by the definition of Ozone-depleting substances in regulation 2 of Annex VI.

statement of compliance means a Statement of Compliance — Fuel Oil Consumption Reporting and Operational Carbon Intensity Rating that is

(a) for a regulated Australian vessel — issued under section 55; or

(b) for a foreign vessel — mentioned in paragraphs 6 to 8 of regulation 6 of Annex VI.

Note The form of a statement of compliance is set out in Appendix X to Annex VI.

SOx emission control area is an emission control area mentioned in paragraph 3 of regulation 14 of Annex VI.

Tier II and Tier III have the same meaning as in regulation 13 of Annex VI.

Note 1 Some terms used in this Marine Order are defined in Marine Order 1 (Administration) 2013 including:

GT
IMO
MARPOL
national law
Navigation Act
Pollution Prevention Act.

Note 2 Some terms used in this Marine Order are defined in the Navigation Act or Pollution Prevention Act, including:

AMSA
domestic commercial vessel
foreign vessel
inspector
issuing body
marine incident
official logbook
overseas voyage
Polar Code
prescribed officer
recognised organisation (for organisations that have been prescribed for the definition — see Marine Order 1 (Administration) 2013)
regulated Australian vessel.

Note 3 For delegation of AMSA’s powers under this Marine Order —see the AMSA website at http://www.amsa.gov.au.

Note 4 Information on obtaining copies of any IMO Resolution, IMO document or other document that is mentioned in this Marine Order is available from the AMSA website Marine Orders link at http://www.amsa.gov.au.

5 Interpretation

(1) For this Marine Order, a reference in the NOx Technical Code or Annex VI to the Administration is taken to mean, for a vessel registered in Australia, AMSA or a recognised organisation.

(2) For this Marine Order, a reference in Annex VI to the competent authority is taken to mean:

(a) for the Pollution Prevention Act — a prescribed officer; or

(b) for the Navigation Act — AMSA or an inspector.

Note for paragraph (a) See subsection 3(2) of the Pollution Prevention Act — A reference in a section of that Act to a prescribed officer is a reference to AMSA or such person, or the holder of such office in AMSA, as is prescribed for the purposes of that section.

Note for paragraph (b) See subsection 254(1) of the Navigation Act which provides for the appointment of an inspector. In addition to powers under the Pollution Prevention Act, Chapters 4 and 8 of the Navigation Act give powers to AMSA and inspectors to verify compliance and enforce the provisions of Annex VI which include the powers that may be exercised as the competent authority under that Annex.

6 Application

(1) This Marine Order applies to a vessel that is:

(a) a regulated Australian vessel; or

(b) a foreign vessel; or

(d) a domestic commercial vessel.

(2) However, the following provisions do not apply to a foreign vessel or a recreational vessel that does not have Australian nationality:

(a) section 7;

(b) section 8;

(d) section 25;

(e) section 31;

(f) Division 7, other than section 41;

(g) section 42;

(h) section 44;

(i) Subdivision 9.2;

(j) sections 55 and 56 ;

(k) sections 61 to 67;

(l) Division 11.

Note The application of this Marine Order is subject to subsection 33(2) of the Pollution Prevention Act and section 12 of the Navigation Act. Those provisions have the effect that parts of this Marine Order that give effect to parts of MARPOL do not apply to certain vessels in an area if a law of a State or the Northern Territory or the national law gives effect to the same parts of MARPOL for vessels in the area.

7 Equivalents

(1) A person may apply, in accordance with the application process set out in Marine Order 1 (Administration) 2013, for approval to use an equivalent.

(2) AMSA may approve the use of an equivalent if:

(a) it would be at least as effective as compliance with the requirement to which the equivalent is an alternative; and

(b) approving the use of the equivalent would not contravene regulation 4 of Annex VI.

Note Marine Order 1 (Administration) 2013 deals with the following matters about equivalents:

making an application
seeking further information about an application
the time allowed for consideration of an application
imposing conditions on approval of an application
notifying a decision on an application
review of decisions.

Note Sections 17 and 18 of Marine Order 1 (Administration) 2013 provide for review of decisions that are made in accordance with the application process in that Marine Order.

8 Approval of electronic record books

(1) A person may apply to an issuing body for approval of an electronic record book.

(2) An issuing body may approve a record of information in electronic form as an electronic record book if it:

(a) provides a reliable means of maintaining the integrity of the information it stores; and

(b) is readily accessible for subsequent reference.

(3) A decision not to approve an electronic record book is a reviewable decision for section 17 of Marine Order 1 (Administration) 2013.

9 Marine incidents

For paragraph (l) of the definition of marine incident in subsection 14(1) of the Navigation Act, the following incidents are prescribed:

(a) an incident involving a vessel that may affect compliance by the vessel with the requirements of Annex VI;

(b) anything that substantially affects the efficiency or completeness of the vessel’s equipment covered by Annex VI.

Note The owner of a vessel must report marine incidents to AMSA — see s 185 of the Navigation Act. The master of a vessel must report marine incidents to AMSA — see s 186 of the Navigation Act. For the prescribed periods for reporting marine incidents — see section 23A of Marine Order 1 (Administration) 2013.

Division 2 Requirements of Annex VI

10 Convention requirements

(1) A vessel must comply with the requirements of Annex VI that apply to the vessel.

(2) A person must comply with any requirement for the implementation of Annex VI.

Division 3 Navigation Act certificates and exemption certificate

Subdivision 3.1 Matters about certificates

11 Certificates required

For subsection 130(3) of the Navigation Act (which enables the regulations to provide that specified kinds of vessels are required to have specified pollution certificates):

(a) a vessel mentioned in paragraph 1 of regulation 6 of Annex VI must have an IAPP certificate; and

(b) a vessel mentioned in paragraph 4 of regulation 6 of Annex VI must have an IEE certificate.

12 Applying for certificates

(1) For subsection 131(1) of the Navigation Act (which enables a person to apply to an issuing body for a pollution certificate specified in the regulations), the following certificates are specified:

(a) an IAPP certificate;

(b) an IEE certificate.

(2) Division 3 of Marine Order 1 (Administration) 2013 (other than section 17) applies to an application to AMSA for a certificate mentioned in subsection (1).

Note Division 3 of Marine Order 1 (Administration) 2013 prescribes general rules about the making and determination of various kinds of applications. Section 17 of that Marine Order provides for internal review of decisions about applications. That section does not apply to decisions about pollution certificates because those decisions are reviewable under subsection 313(1) of the Navigation Act.

13 Form of certificates

A pollution certificate must be in the form mentioned in the following table.

Item	Certificate	Form
1	IAPP certificate	International Air Pollution Prevention Certificate set out in Appendix I to Annex VI
2	IEE certificate	International Energy Efficiency Certificate set out in Appendix VIII to Annex VI

14 Reports of alterations to vessels

For paragraph 137(1)(c) of the Navigation Act (which requires an owner or master of a vessel to report alterations to the vessel if they might affect the pollution certificates held by the vessel) the period within which AMSA and an issuing body must be informed of an alteration is 7 days after the alteration is made.

Note 1 An approved form for reporting of alterations to vessels is available from the AMSA website: http://www.amsa.gov.au.

15 Exemption

(1) The owner of a vessel may apply, in accordance with the application process set out in Marine Order 1 (Administration) 2013, for an exemption from the requirement for the vessel to have an IAPP certificate.

(2) AMSA may issue an IAPP exemption certificate in the form set out in Appendix XI to Annex VI, exempting a vessel from the requirement to have an IAPP certificate, if it is satisfied that:

(a) the vessel is a barge; and

(b) the vessel has undergone a survey that shows that the vessel:

(i) is not propelled by mechanical means; and

(ii) has no system, equipment or machinery capable of generating emissions regulated by Annex VI; and

(iii) has no person or living animal on board.

Note Sections 17 and 18 of Marine Order 1 (Administration) 2013 provide for review of decisions that are made in accordance with the application process in that Marine Order.

(3) An IAPP exemption certificate comes into force on the day it is issued and ceases to be in force on the earlier of:

(a) the day mentioned in the exemption certificate; and

(b) the day 5 years from the day it is issued.

Subdivision 3.2 IAPP certificates

16 Criteria for issue of IAPP certificates

For paragraph 132(1)(b) of the Navigation Act, the criteria for issue of an IAPP certificate are that:

(a) the vessel has been surveyed in accordance with regulation 5 of Annex VI; and

(b) the vessel complies with the requirements that apply to it under regulation 5 of Annex VI; and

(c) each marine diesel engine with an output >130 kW that is installed on the vessel has been surveyed in accordance with the NOx Technical Code and issued with an EIAPP certificate.

17 Criteria for variation of IAPP certificates

For subsection 133(1) of the Navigation Act, the criteria for variation of an IAPP certificate are that:

(a) the vessel has been surveyed in accordance with regulation 5 of Annex VI; and

(b) for an IAPP certificate that is required to be endorsed under regulation 6 of Annex VI — the certificate is endorsed accordingly; and

(c) to the extent that the variation relates to the period of validity of an IAPP certificate — the variation is in accordance with regulation 9 of Annex VI.

18 Commencement and duration of IAPP certificates

An IAPP certificate comes into force on the day it is issued and ceases to be in force on the occurrence of any of the matters mentioned in paragraph 9 of regulation 9 of Annex VI.

Note A certificate may be revoked in accordance with the criteria mentioned in this Division.

19 Criteria for revocation of IAPP certificates

For section 134 of the Navigation Act, the criteria for revocation of an IAPP certificate are that:

(a) the vessel does not comply with the requirements that apply to it under regulation 5 of Annex VI; or

(b) the emissions from a marine diesel engine installed on the vessel are not within the limits set out in regulation 13 of Annex VI; or

Note for paragraph (a) Regulation 5 of Annex VI includes a requirement for maintenance of equipment — see paragraph 5 of regulation 5.

20 Endorsement of IAPP certificate

(1) An issuing body may endorse an IAPP certificate in accordance with regulations 5 and 9 of Annex VI.

Note It is practice for an issuing body endorsing a certificate to be the same as the issuing body that originally issued the certificate.

(2) A decision not to endorse an IAPP certificate is a reviewable decision for section 17 of Marine Order 1 (Administration) 2013.

Subdivision 3.3 IEE certificates

21 Criteria for issue of IEE certificates

For paragraph 132(1)(b) of the Navigation Act, the criteria for issue of an IEE certificate are that the vessel:

(a) has been surveyed in accordance with regulation 5 of Annex VI; and

(b) complies with the requirements that apply to it under regulation 5 of Annex VI.

22 Commencement and duration of IEE certificates

(1) An IEE certificate comes into force on the day it is issued and remains in force for the life of the vessel.

(2) However, the certificate ceases to be in force on the occurrence of any of the matters mentioned in paragraphs 9 and 11 of regulation 9 of Annex VI.

Note A certificate may be revoked in accordance with the criteria mentioned in this Division.

23 Criteria for revocation of IEE certificates

For section 134 of the Navigation Act, the criterion for revocation of an IEE certificate is that the vessel to which the certificate applies undergoes a major conversion within the meaning of regulation 2 of Annex VI.

Division 4 Requirements for foreign vessels and certain recreational vessels

24 Requirements for foreign vessels and certain recreational vessels

(1) This Division applies to a foreign vessel and a recreational vessel that does not have Australian nationality.

(2) A vessel to which Annex VI applies must have any certificate or other document that it is required to have in accordance with regulations 5 and 6 of Annex VI.

(3) A marine diesel engine to which regulation 13 of Annex VI applies must comply with the NOx Technical Code in accordance with regulation 13 of Annex VI.

(4) If Annex VI does not apply to a vessel but regulations 5 and 6 of Annex VI would apply if the country in which the vessel is registered were a party to Annex VI, the vessel must carry any certificate that:

(a) is issued for the vessel by or for the administration of the country in which it is registered; and

(b) deals with the prevention of air pollution by the vessel.

(5) If Annex VI does not apply to a vessel but regulation 13 of Annex VI would apply if the country in which the vessel is registered were a party to Annex VI, the vessel must carry any certificate that:

(a) is issued for a marine diesel engine installed on the vessel; and

(b) deals with the prevention of air pollution from the engine.

Division 5 Vessels not engaged on overseas voyages

25 Vessels ≥400 GT not on overseas voyages

A vessel ≥400 GT that does not engage in overseas voyages, must be surveyed in accordance with regulation 5 of Annex VI to ensure that the vessel complies with Chapter 3 of Annex VI.

Note Once a vessel ≥400GT proceeds on an overseas voyage, it is not covered by this section and therefore must have all the certificates required by Annex VI.

Division 6 Ozone depleting substances

26 Ozone depleting substances — equipment and installations

For this Division:

equipment does not include permanently sealed equipment, whether or not it is part of an installation, that has no refrigerant charging connections or potentially removable components containing ozone depleting substances.

installation has the same meaning as Installations in regulation 2 of Annex VI.

27 Release of ozone depleting substances

(1) A person commits an offence if:

(a) the person is the master of a vessel; and

(b) an emission of an ozone depleting substance occurs from the vessel.

Penalty: 50 penalty units.

(2) In this section, an emission includes an emission occurring in the course of maintaining, servicing, repairing or disposing of systems or equipment but does not include a minimal release associated with the recapture or recycling of an ozone depleting substance.

(3) An offence against subsection (1) is a strict liability offence.

(4) A person is liable to a civil penalty if the person contravenes subsection (1).

Civil penalty: 50 penalty units.

28 Ozone depleting substances on vessels constructed after 2019

(1) A person commits an offence if:

(a) the person is the owner of a vessel; and

(b) the vessel is constructed after 31 December 2019; and

(c) an installation on the vessel, or equipment contained in an installation on the vessel, contains an ozone depleting substance.

Penalty: 50 penalty units.

(2) An offence against subsection (1) is a strict liability offence.

(3) A person is liable to a civil penalty if the person contravenes subsection (1).

Civil penalty: 50 penalty units.

29 Ozone depleting substances on vessels constructed between 2005 and 2019

(1) A person commits an offence if:

(a) the person is the owner of a vessel; and

(b) the vessel is constructed after 18 May 2005 and before 31 December 2019; and

(c) an installation on the vessel, or equipment contained in an installation on the vessel, contains an ozone depleting substance, other than a hydrochlorofluorocarbon.

Penalty: 50 penalty units.

(2) An offence against subsection (1) is a strict liability offence.

(3) A person is liable to a civil penalty if the person contravenes subsection (1).

Civil penalty: 50 penalty units.

30 Delivery of ozone depleting substances to reception facilities

(1) A person commits an offence if:

(a) the person is the master of a vessel; and

(b) an ozone depleting substance or equipment containing an ozone depleting substance is removed from the vessel; and

(c) the substance or equipment is not delivered to a reception facility designated to receive ozone depleting substances.

Penalty: 50 penalty units.

(2) An offence against subsection (1) is a strict liability offence.

(3) A person is liable to a civil penalty if the person contravenes subsection (1).

Civil penalty: 50 penalty units.

31 Ozone depleting substances record book

(1) For paragraph 26FET(3)(a) of the Pollution Prevention Act, an ozone depleting substances record book must be:

(a) part of an existing logbook; or

(b) the official logbook; or

(2) For subsections 26FET(3), (7) and (8) of the Pollution Prevention Act, each entry and page in an electronic record book mentioned in paragraph (1)(c) is taken to have been signed by the master of the vessel.

(3) For paragraphs 26FET(6)(a) and (8)(b) of the Pollution Prevention Act, the following operations or occurrences are prescribed:

(a) recharge, full or partial, of equipment containing ozone depleting substances;

(b) repair or maintenance of equipment containing ozone depleting substances;

(i) deliberately; or

(ii) not deliberately;

(d) discharge of ozone depleting substances to land-based reception facilities;

(e) supply of ozone depleting substances to the vessel.

Division 7 EIAPP certificates and nitrogen oxide emissions

32 EIAPP certificates for engines on regulated Australian vessels and recreational vessels with Australian nationality

(1) This section applies if regulation 13 of Annex VI applies to:

(a) a marine diesel engine installed on a regulated Australian vessel or a recreational vessel with Australian nationality; or

(b) a marine diesel engine that has undergone a major conversion after installation on a regulated Australian vessel or a recreational vessel with Australian nationality.

(2) The marine diesel engine must have an EIAPP certificate and associated technical file in accordance with the NOx Technical Code.

Note Regulation 13 of Annex VI applies to a marine diesel engine with a power output >130 kW.

33 EIAPP certificates for engines on domestic commercial vessels

(1) This section applies if regulation 13 of Annex VI applies to a marine diesel engine installed on a domestic commercial vessel.

(2) The marine diesel engine must have an EIAPP certificate and associated technical file in accordance with the NOx Technical Code if:

(a) the engine is installed on the vessel after 31 December 2022; or

(b) the engine undergoes a major conversion after 31 December 2022.

Note Regulation 13 of Annex VI applies to a marine diesel engine with a power output >130 kW.

34 Application for EIAPP certificate

A person may apply in accordance with Marine Order 1 (Administration) 2013 for an EIAPP certificate for a marine diesel engine.

35 Issue of EIAPP certificate

An issuing body may issue an EIAPP certificate for a marine diesel engine if:

(a) the engine has been surveyed in accordance with the NOx Technical Code; and

(b) a technical file in accordance with the NOx Technical Code has been approved by the issuing body; and

(c) the emissions from the engine have been measured in accordance with the NOx Technical Code and the measurements indicate that the emissions from the engine are likely to be within the limits set out in regulation 13 of Annex VI for the operation of the engine.

Note Sections 17 and 18 of Marine Order 1 (Administration) 2013 provide for review of decisions that are made in accordance with the application process in that Marine Order.

36 Commencement and duration of EIAPP certificates

(1) An EIAPP certificate comes into force on the day it is issued and remains in force for the life of the engine.

(2) However, the certificate ceases to be in force if;

(a) the engine undergoes a major conversion; or

(b) the onboard NOx verification procedures required by the NOx Technical Code:

(i) have not been carried out; or

(ii) show that the engine:

(A) does not conform to its technical file; or

(B) no longer complies with regulation 13 of Annex VI.

37 Taking vessels to sea without required documents

(1) A person commits an offence if:

(a) the person takes a vessel to sea, or causes or permits another person to take the vessel to sea; and

(b) there is installed on the vessel a marine diesel engine to which regulation 13 of Annex VI applies; and

(d) the marine diesel engine does not have an EIAPP certificate and technical file.

Penalty: 50 penalty units.

(2) An offence against subsection (1) is a strict liability offence.

(3) A person is liable to a civil penalty if the person contravenes subsection (1).

Civil penalty: 50 penalty units.

38 Documents to be kept on board vessels

(1) A person commits an offence if:

(a) the person is the owner of a vessel; and

(b) there is installed on the vessel a marine diesel engine to which regulation 13 of Annex VI applies; and

(d) the EIAPP certificate and technical file are not kept on board the vessel.

Penalty: 50 penalty units.

(2) An offence against subsection (1) is a strict liability offence.

(3) A person is liable to a civil penalty if the person contravenes subsection (1).

Civil penalty: 50 penalty units.

39 Engine suppliers must provide documents

(1) This section applies if a person supplies a marine diesel engine for installation on:

(a) a domestic commercial vessel; or

(b) a recreational vessel with Australian nationality that:

(i) is not going overseas; or

(ii) is going overseas and is <400GT.

(2) The person commits an offence if:

(a) the person supplies the engine after 31 December 2022; and

(b) regulation 13 of Annex VI applies to the engine; and

(c) the person does not provide an EIAPP certificate and associated technical file for the engine at the time of its supply.

Penalty: 50 penalty units.

(3) An offence against subsection (2) is a strict liability offence.

(4) A person is liable to a civil penalty if the person contravenes subsection (2).

Civil penalty: 50 penalty units.

40 Person who carries out major conversion must provide documents

(1) This section applies if a person carries out a major conversion of a marine diesel engine for:

(a) a domestic commercial vessel; or

(b) a recreational vessel with Australian nationality that:

(i) is not going overseas; or

(ii) is going overseas and is <400GT.

(2) The person commits an offence if:

(a) the person carries out the major conversion after 31 December 2022; and

(b) regulation 13 of Annex VI applies to the engine; and

(c) the person does not, as soon as practicable, provide an EIAPP certificate and associated technical file for the engine to the owner of the vessel.

Penalty: 50 penalty units.

(3) An offence against subsection (2) is a strict liability offence.

(4) A person is liable to a civil penalty if the person contravenes subsection (2).

Civil penalty: 50 penalty units.

41 Operation of engines not in accordance with emission limits

(1) A person commits an offence if:

(a) the person operates a marine diesel engine on a vessel; and

(b) the engine is of a kind to which regulation 13 of Annex VI applies; and

(c) the emissions of nitrogen oxides from the engine are not within the limits mentioned in regulation 13 of Annex VI for the operation of the engine and equipment.

Penalty: 50 penalty units.

(2) Subsection (1) does not apply, for the periods mentioned in regulation 13.5.5 of Annex VI, to emissions from a vessel mentioned in subsection (3) if:

(a) the emissions occur in relation to:

(i) for a newly constructed vessel — the building and sea trials of the vessel; or

(ii) converting, repairing or maintaining the vessel; or

(iii) converting, repairing or maintaining, a Tier II engine installed on the vessel; or

(iv) converting, repairing or maintaining a dual fuel engine on the vessel if the vessel is required for safety reasons not to have gas fuel or gas cargo on board; and

(b) the activities mentioned in subparagraphs (a)(i) to (iv) take place in a shipyard or other repair facility located in a NOx Tier III emission control area; and

(d) the vessel:

(i) sails directly to or from the shipyard or other repair facility; and

(ii) does not load or unload cargo; and

(iii) follows any routeing requirements of the port State in which the shipyard or other repair facility is located.

(3) The vessels are as follows:

(a) a vessel constructed after 31 December 2015 and operating in the North American Emission Control Area or the United States Carribean Sea Emission Control Area;

(b) a vessel constructed after 31 December 2020 and operating in the Baltic Sea Emission Control Area or the North Sea Emission Control Area;

(c) a vessel operating in a NOx Tier III emission control area not mentioned in paragraphs (a) or (b) if the vessel is constructed after the later of:

(i) the date of adoption under Annex VI of the emission control area: or

(ii) the date mentioned, if one is mentioned, in the amendment to Annex VI that designates the emission control area.

(4) For subsection (3), each of the following terms has the meaning given for that term by paragraph 6 of regulation 13 of Annex VI:

(a) North American Emission Control Area;

(b) United States Carribean Sea Emission Control Area;

(d) North Sea Emission Control Area.

(5) An offence against subsection (1) is a strict liability offence.

(6) A person is liable to a civil penalty if the person contravenes subsection (1).

Civil penalty: 50 penalty units.

42 Engine status in NOx Tier III emission control areas

(1) This section applies if the following vessels are operating in a NOx Tier III emission control area:

(a) a regulated Australian vessel;

(b) a recreational vessel with Australian nationality that is ≥24 m long, in accordance with the meaning of length in Annex I, if the vessel is:

(i) ≥500 GT; or

(ii) constructed after 31 December 2020.

(2) A person commits an offence if:

(a) the person is the master of a vessel to which this section applies; and

(b) the person does not ensure that a record required for the vessel under paragraph 5.3 of regulation 13 of Annex VI is entered in:

(i) the official logbook; or

(ii) an electronic record book.

Penalty: 50 penalty units

(3) An offence against subsection (2) is a strict liability offence.

(4) A person is liable to a civil penalty if the person contravenes subsection (2).

Civil penalty: 50 penalty units.

Division 8 Incineration on board vessels

43 Restrictions on incineration on board vessels

(1) A person commits an offence if:

(a) the person incinerates any matter on board a vessel; and

(b) the incinerator is one to which regulation 16 of Annex VI applies; and

(d) the incinerator is not excluded by AMSA from the application of paragraph 6.1 of regulation 16 of Annex VI.

Penalty: 50 penalty units.

Note The Unified Interpretation of paragraph 9 of regulation 16 of Annex VI provides that sludge oil generated during the normal operation of a ship should not be regarded as waste for regulation 16 and can be fed into the unit when the required preheat temperature of 650°C in the combustion chamber is reached.

(2) A person commits an offence if:

(a) the person incinerates any matter in an incinerator on board a vessel; and

(b) the incinerator is one to which regulation 16 of Annex VI applies; and

(d) the incinerator is not excluded by AMSA from the application of paragraph 6.1 of regulation 16 of Annex VI.

Penalty: 50 penalty units.

(3) An offence against subsection (1) or (2) is a strict liability offence.

(4) A person is liable to a civil penalty if the person contravenes subsection (1) or (2).

Civil penalty: 50 penalty units.

44 Exclusion of incinerator from Annex VI requirements

(1) The owner of a vessel on which an incinerator is installed may apply, in accordance with the application process set out in Marine Order 1 (Administration) 2013, for exclusion of the incinerator from the application of paragraph 6.1 of regulation 16 of Annex VI.

(2) AMSA may allow exclusion from the application of paragraph 6.1 of regulation 16 of Annex VI if the requirements of paragraph 6.2 of regulation 16 of Annex VI are met.

Note Sections 17 and 18 of Marine Order 1 (Administration) 2013 provide for review of decisions that are made in accordance with the application process in that Marine Order.

45 Responsibilities of owner

(1) A person commits an offence if:

(a) the person is the owner of a vessel; and

(b) the vessel has on board an incinerator to which regulation 16 of Annex VI applies; and

(c) the person does not ensure that a copy of the manufacturer’s operating manual for the incinerator is available in accordance with paragraph 7 of regulation 16 of Annex VI.

Penalty: 50 penalty units.

(2) A person commits an offence if:

(a) the person is the owner of a vessel; and

(b) the vessel has on board an incinerator to which regulation 16 of Annex VI applies; and

(c) the person does not ensure that the seafarers responsible for operating the incinerator are trained so that they can implement the guidance given by the manufacturer’s operating manual.

Penalty: 50 penalty units.

(3) An offence against subsection (1) or (2) is a strict liability offence.

(4) A person is liable to a civil penalty if the person contravenes subsection (1) or (2).

Civil penalty: 50 penalty units.

46 Responsibilities of master

(1) A person commits an offence if:

(a) the person is the master of a vessel; and

(b) the vessel has on board an incinerator to which regulation 16 of Annex VI applies; and

Penalty: 50 penalty units.

(2) A person commits an offence if:

(a) the person is the master of a vessel; and

(b) the vessel has on board an incinerator to which regulation 16 of Annex VI applies; and

Penalty: 50 penalty units.

(3) An offence against subsection (1) or (2) is a strict liability offence.

(4) A person is liable to a civil penalty if the person contravenes subsection (1) or (2).

Civil penalty: 50 penalty units.

Division 9 Energy efficiency

Subdivision 9.1 Application of Division

47 Application of this Division

(1) This Division applies to a vessel to which Chapter 4 of Annex VI applies.

(2) However, sections 48 to 51 do not apply to a vessel:

(a) defined in the Polar Code as a category A ship; or

(b) with non-conventional propulsion, other than a vessel delivered after 31 August 2019 that is:

(i) a cruise passenger vessel; or

(ii) an LNG carrier.

(3) For paragraph (2)(b):

(a) non-conventional propulsion has the meaning given by regulation 2 of Annex VI; and

(b) vessel delivered after 31 August 2019 has the same meaning as A ship delivered on or after 1 September 2019 in regulation 2 of Annex VI; and

(d) LNG carrier has the meaning given by regulation 2 of Annex VI.

Subdivision 9.2 EEDI and EEXI

48 Attained EEDI

The attained EEDI for a vessel must be worked out in accordance with regulation 22 of Annex VI.

Note The guidelines mentioned in regulation 22 for working out the attained EEDI are the 2018 Guidelines on the method of calculation of the attained Energy Efficiency Design Index (EEDI) for new ships adopted by IMO Resolution MEPC.308(73) and as amended from time to time.

49 Attained EEXI

The attained EEXI for a vessel must be worked out in accordance with regulation 23 of Annex VI.

Note The guidelines mentioned in regulation 23 for working out the attained EEXI are the 2022 Guidelines on the method of calculation of the attained Energy Existing Ship Index (EEXI) adopted by IMO Resolution MEPC.350(78) and as amended from time to time.

50 Required EEDI

The required EEDI for a vessel must be worked out in accordance with regulation 24 of Annex VI.

Note For guidance on working out reference line values for required EEDI — see the 2013 Guidelines for calculation of reference lines for use with Energy Efficiency Design Index (EEDI) adopted by IMO Resolution MEPC.231(65) and as amended from time to time.

51 Required EEXI

The required EEXI for a vessel must be worked out in accordance with regulation 25 of Annex VI.

52 Ship energy efficiency management plan (SEEMP)

(1) For subsection 26FEW(3) of the Pollution Prevention Act, a ship energy efficiency management plan must contain the matters mentioned in:

(a) regulation 26 of Annex VI; and

(b) the 2022 Guidelines for the development of a ship energy efficiency management plan, adopted by IMO resolution MEPC.346(78) and as amended from time to time.

(2) However, for a vessel defined in the Polar Code as a category A ship, the information mentioned in subsection (1) does not include CII calculations.

53 Waiver of certain requirements

(1) The owner of a vessel may apply, in accordance with the application process set out in Marine Order 1 (Administration) 2013, for a waiver from the requirements mentioned in sections 48 and 50.

(2) AMSA may give a waiver if the vessel is not mentioned in paragraph 5 of regulation 19 of Annex VI.

Note Sections 17 and 18 of Marine Order 1 (Administration) 2013 provide for review of decisions that are made in accordance with the application process in that Marine Order.

Subdivision 9.3 Fuel oil consumption and CII reporting

54 Requirement for statement of compliance

(1) A vessel ≥5000 GT must have:

(a) a statement of compliance; or

(b) for a vessel that is registered in a country that is not a party to Annex VI — documentary evidence issued by or on behalf of the Administration of that State that the vessel complies with the requirements of the State for the reporting of:

(i) fuel oil consumption; and

(ii) carbon intensity data.

(2) A statement of compliance must be kept on board the vessel for at least 5 years from its date of issue.

55 Issue of statement of compliance

(1) An issuing body may issue a statement of compliance if:

(a) the owner of the vessel has applied to the issuing body; and

(b) the owner of the vessel has given the issuing body fuel oil consumption data for the vessel, collected in accordance with regulation 27 of Annex VI; and

(c) for a vessel other than a vessel defined in the Polar Code as a category A ship — the owner of the vessel has given the issuing body the attained annual operational CII for the vessel, calculated in accordance with regulation 28 of Annex VI; and

(d) in the case of a vessel that is required to develop a plan of corrective actions in accordance with regulation 28 of Annex VI — the issuing body is satisfied that the revised ship energy efficiency management plan for the vessel adequately addresses the plan of corrective actions.

(2) A decision not to issue a statement of compliance is a reviewable decision for section 17 of Marine Order 1(Administration) 2013.

56 Form and duration of statement of compliance

A statement of compliance:

(a) must be in the form set out in Appendix X to Annex VI; and

(b) remains valid in accordance with paragraph 12 of regulation 9 of Annex VI.

Division 10 Matters prescribed for the Pollution Prevention Act

Subdivision 10.1 Sulphur content of fuel oil

57 Sulphur content of fuel oil — prescribed limits

(1) For paragraph 26FEG(1)(b) of the Pollution Prevention Act, the prescribed limit is 0.50% m/m.

(2) For paragraph 26FEH(4)(a) of the Pollution Prevention Act, the prescribed limit is 0.10% m/m.

58 Prescribed level of total emission of sulphur oxides

For paragraphs 26FEGA(4)(b) and 26FEHA(2)(b) of the Pollution Prevention Act, the prescribed level is the level set out in Table 1, paragraph 1.3 of the 2015 Guidelines.

59 Operation of Annex VI approved equivalents

(1) For paragraph 26FEGA(1)(b) and subparagraph 26FEH(4)(b)(ii) of the Pollution Prevention Act, an Annex VI approved equivalent that is an exhaust gas cleaning system must be operated in the manner mentioned in the 2015 Guidelines as if the 2015 Guidelines were mandatory.

(2) For paragraph 26FEGA(1)(c) and subparagraph 26FEH(4)(b)(iii) of the Pollution Prevention Act, a waste stream arising from the operation of an exhaust gas cleaning system may be discharged only if:

(a) there is continuous monitoring and recording of the waste stream; and

(b) the measures in section 10 of the 2015 Guidelines are applied to the waste stream and the waste stream is found to be in accordance with the limits mentioned.

60 Notification of fuel oil non-availability

For paragraphs 26FEGA(7)(b), 26FEGA(7)(c), 26FEHA(5)(b), 26FEHA(5)(c), 26FEHA(6)(b) and 26FEHA(6)(c) of the Pollution Prevention Act:

(a) notification must be on the approved form; and

(b) notification must occur as soon as the person responsible for obtaining fuel oil for use on board the ship becomes aware that it will not be possible to obtain compliant fuel oil; and

Note The approved form is available on the AMSA website: at http://www.amsa.gov.au.

61 Flushing fuel oil service systems

For paragraphs 26FEI(1)(d) and 26FEI(2)(d) of the Pollution Prevention Act, the prescribed limit is 0.10% m/m.

62 Record of prescribed fuel-changeover operations

(1) For paragraphs 26FEJ(1)(a) and 26FEJ(3)(a) of the Pollution Prevention Act, the following are prescribed record books:

(a) for a vessel ≥400 GT or an oil tanker ≥150GT —

(i) the vessel’s oil record book (Part 1); or

(ii) the official logbook; or

(iii) an electronic record book.

(b) for any other vessel —

(i) the official logbook; or

(ii) an electronic record book.

(2) For paragraph 26FEJ(1)(a) of the Pollution Prevention Act, an entry must include:

(a) the volume of low-sulphur fuel oil in each tank; and

(b) the date, time and position of the vessel.

(3) For subparagraph 26FEJ(1)(a)(i) of the Pollution Prevention Act, the last fuel-changeover operation on the vessel before the vessel enters an emission control area is prescribed.

(4) For subparagraph 26FEJ(1)(a)(ii) of the Pollution Prevention Act, the first fuel-changeover operation on the vessel after the vessel leaves an emission control area is prescribed.

(5) For paragraph 26FEJ(1)(b) of the Pollution Prevention Act, the prescribed period is 3 years after the last entry has been made.

63 Approval of Annex VI approved equivalents

(1) For subsection 26FEKA(2) of the Pollution Prevention Act:

(a) a prescribed officer may approve an exhaust gas cleaning system as an Annex VI approved equivalent if the system is able to satisfy all the measures mentioned in the 2015 Guidelines as if those measures were mandatory; and

(b) an issuing body is a prescribed officer.

(2) A decision about an application for approval of an exhaust gas cleaning system as an Annex VI approved equivalent is a reviewable decision for section 17 of Marine Order 1 (Administration) 2013.

Subdivision 10.2 Fuel oil — suppliers and delivery

64 Register of Local Suppliers of Fuel Oil

(1) For paragraph 26FEM(3)(a) of the Pollution Prevention Act, the Register must contain the information given by:

(a) an initial application and declaration mentioned in subsection 65(2); and

(b) an annual declaration mentioned in subsection (2).

(2) For subparagraph 26FEM(3)(b)(ii) of the Pollution Prevention Act, a person registered on the Register must give AMSA an annual declaration in the approved form by 1 July each year.

Note The approved form is available on the AMSA website: at http://www.amsa.gov.au.

65 Requirements for registration

(1) For subparagraph 26FEM(3)(b)(i) of the Pollution Prevention Act, a person seeking registration on the Register must apply in accordance with the application process set out in Marine Order 1 (Administration) 2013.

(2) The application must be on the approved initial application and declaration form.

Note The approved form is available on the AMSA website: at http://www.amsa.gov.au.

(3) AMSA may approve a person for inclusion on the Register if the person has applied in accordance with this section and provided the information required on the approved form.

Note Sections 17 and 18 of Marine Order 1 (Administration) 2013 provide for review of decisions that are made in accordance with the application process in that Marine Order.

(4) If, at any time before the first annual declaration is due, any change occurs to information given in the initial application and declaration, the person who completed that form must give to AMSA a new initial application and declaration form with the new information.

66 Removal from Register

(1) AMSA may remove a person from the Register if:

(a) the person does not provide an annual declaration as required; or

(b) the person has failed to comply with a requirement of the Pollution Prevention Act.

(2) AMSA may give a person on the register directions for compliance.

(3) A decision by AMSA to remove a person’s name from the Register is a reviewable decision for section 17 of Marine Order 1 (Administration) 2013.

67 AMSA to conduct inspections, audit, sampling

For subparagraphs 26FEM(3)(b)(i) and 26FEM(3)(b)(ii) of the Pollution Prevention Act, AMSA may conduct inspections or audits of, or take samples from, a fuel oil supplier:

(a) to assess whether a person should be included on the Register; and

(b) to monitor fuel oil suppliers on the Register.

68 Bunker delivery note and sample

(1) For paragraph 26FEO(1A)(c) of the Pollution Prevention Act, a completed bunker delivery note must be provided when the bunkering operation is complete.

Note 1 AMSA has approved the Bunker Delivery Note set out in Appendix V to Annex VI as the approved form.

Note 2 Under section 26FEQ of the Pollution Prevention Act, the master and owner of a vessel commit an offence if the bunker delivery note is not kept for 3 years. The local fuel oil supplier must keep a copy of the bunker delivery note or an offence is committed.

(2) For paragraph 26FEO(2)(d) of the Pollution Prevention Act, when the bunkering operation is complete a representative sample must be:

(a) signed and sealed by the supplier’s representative and either the master of the vessel or the officer in charge of the bunker operation; and

(b) provided to the master of the vessel as soon as practicable.

69 Fuel oil sample retention

For paragraph 26FER(1)(d) of the Pollution Prevention Act, the sample of fuel oil must be retained:

(a) on board the vessel; or

(b) at a shore based location, for example a port office or other similar facility, where the samples can be accessed readily.

Note Under paragraph 26FER(1)(d) of the Pollution Prevention Act, a sample must be retained until the later of the time of substantial consumption or 12 months after the supply of the fuel.

Division 11 Transitional and savings

70 Transitional

(1) Subsection (2) applies to an application made under Marine Order 97 (Marine pollution prevention — air pollution) 2013 if the application:

(a) is made before 1 January 2023; and

(b) is not decided before 1 January 2023.

(2) The application is taken to be an application to which this Marine Order applies.

71 Savings

An EIAPP certificate issued before 1 January 2023 is taken to be an EIAPP certificate for this Marine Order.

Note IAPP and IEE certificates continue in operation after the making of this Marine Order as they are issued under the Navigation Act.

Note

1. All legislative instruments and compilations of legislative instruments are registered on the Federal Register of Legislation under the Legislation Act 2003. See https://www.legislation.gov.au.

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AMSA MO 2022/4

Marine Order 97 (Marine pollution prevention — air pollution) 2022

29 November 2022

Mark Morrow

Acting Chief Executive Officer

Division 1 Preliminary

1 Name of Marine Order

1A Commencement

1B Repeal of Marine Order 97 (Marine pollution prevention — air pollution) 2013

2 Purpose

3 Power

4 Definitions

5 Interpretation

6 Application

7 Equivalents

8 Approval of electronic record books

9 Marine incidents

Division 2 Requirements of Annex VI

10 Convention requirements

Division 3 Navigation Act certificates and exemption certificate

Subdivision 3.1 Matters about certificates

11 Certificates required

12 Applying for certificates

13 Form of certificates

14 Reports of alterations to vessels

15 Exemption

Subdivision 3.2 IAPP certificates

16 Criteria for issue of IAPP certificates

17 Criteria for variation of IAPP certificates

18 Commencement and duration of IAPP certificates

19 Criteria for revocation of IAPP certificates

20 Endorsement of IAPP certificate

Subdivision 3.3 IEE certificates

21 Criteria for issue of IEE certificates

22 Commencement and duration of IEE certificates

23 Criteria for revocation of IEE certificates

Division 4 Requirements for foreign vessels and certain recreational vessels

24 Requirements for foreign vessels and certain recreational vessels

Division 5 Vessels not engaged on overseas voyages

25 Vessels ≥400 GT not on overseas voyages

Division 6 Ozone depleting substances

The Order builds around a small set of technical and administrative concepts drawn from Annex VI and related IMO instruments. Key defined terms in the Order include IAPP certificate (international air pollution prevention certificate) and IEE certificate (international energy efficiency certificate) (s 4), both of which are pollution certificates under the Navigation Act (s 11, s 13). EIAPP certificate is the engine-level certificate required by the NOx Technical Code (s 4, ss 32-36). The Order treats Annex VI, the NOx Technical Code and several named IMO Guidelines (2015 Guidelines for exhaust gas cleaning systems, 2018 Guidelines for EEDI calculation, 2022 Guidelines for EEXI, 2022 SEEMP guidelines and others) as operative sources for technical criteria (see s 4 definitions and multiple notes, for example ss 48-49, 52).

Operational mechanisms include:

Surveys and inspections. Issue and variation of IAPP and IEE certificates depend on surveys under regulation 5 of Annex VI (ss 16, 21). EIAPP certificates require surveys in accordance with the NOx Technical Code and approval of a technical file (ss 35-36).
Certificates and documents on board. Where the Order requires certificates, it also requires those certificates and associated technical files to be kept on board (s 38). Failure to carry required documents triggers strict liability offences with civil penalty exposure (s 38).
Engine thresholds. Regulation 13 of Annex VI, adopted into this Order, applies to marine diesel engines with output greater than 130 kW, which creates a bright-line for many engine-level obligations (s 32 note, ss 33, 35).
Emission control areas and tiers. The Order imports the concepts of NOx Tier III emission control areas and SOx emission control areas (s 4 definitions, ss 41-42, Div 10). Specific operation exceptions and recording requirements arise where vessels operate in NOx Tier III areas (s 41(2)-(4), s 42).
Equivalents and approvals. The Order allows use of an equivalent to a prescribed requirement if approved by AMSA and if at least as effective as the alternative (s 7). Exhaust gas cleaning systems may be approved as Annex VI equivalents only if they meet the 2015 Guidelines and may be required to operate as though those Guidelines were mandatory (s 63, s 59).
Fuel control and supplier regime. The Order prescribes maximum sulphur content limits for fuel oil (0.50% m/m and 0.10% m/m in certain circumstances, s 57), creates a Register of Local Suppliers of Fuel Oil (s 64) with registration, inspection and removal powers (ss 65-67), and mandates bunker delivery note and sample procedures on completion of bunkering (s 68).

Several administrative pathways repeat: applications and review are managed under Marine Order 1 (Administration) 2013 (see notes and references in multiple sections such as s 7, s 8, s 15, s 44, s 53), while certain certificate decisions are reviewable under the Navigation Act (see notes to s 12).

The scope is broad. The Order applies to regulated Australian vessels, foreign vessels, recreational vessels and domestic commercial vessels (s 6(1)). However, it draws express distinctions and exceptions. Section 6(2) lists provisions that do not apply to a foreign vessel or a recreational vessel that does not have Australian nationality. Those excluded provisions include sections governing approval of equivalents (s 7), electronic record book approvals (s 8), the Division about Navigation Act certificates (Div 3), fuel supplier Register matters (ss 61-67), certain energy efficiency requirements (Subdivision 9.2), and transitional savings (Div 11). In short, foreign non-Australian vessels are subject to Annex VI obligations (s 24) but not to many of the domestic administrative processes that implement Annex VI in Australian law.

Primary affected private parties and public actors:

Owners and masters of vessels. Owners are the addressees of many duties (for example ensuring equipment meets Annex VI, ensuring manuals and training for incinerators are available and seafarers trained, and ensuring engines installed after certain dates have EIAPP certificates) and are specifically the parties named in many offences (see ss 28-30, 39-40, 45). Masters are explicitly liable for operational offences such as emissions releases, failing to ensure records are kept and incinerator monitoring and temperature rules (see ss 27, 31, 42, 46).
Engine suppliers and persons doing major conversions. Section 39 requires engine suppliers to provide EIAPP certificates and technical files at the time of supply for certain domestic and small recreational vessels; s 40 requires persons who carry out major conversions to provide EIAPPs to the owner as soon as practicable.
Fuel suppliers and local suppliers. Sections 64-67 create the Register of Local Suppliers of Fuel Oil and give AMSA inspection, audit and sampling powers (s 67). The local supplier must complete and retain bunker delivery notes and provide representative samples at the completion of bunkering (s 68).
Issuing bodies, AMSA and prescribed officers. Issuing bodies may issue IAPP, IEE and EIAPP certificates and approve electronic record books (ss 12, 13, 35, 8). AMSA is the administering authority for approvals, equivalence, waivers and enforcement powers and is treated as the Administration in many references (s 5(1)-(2), s 3). The Register and supplier oversight are administered by AMSA (s 64).
Recreational vessel owners with Australian nationality and domestic commercial vessel owners. The Order makes a specific distinction for recreational vessels with Australian nationality and domestic commercial vessels for EIAPP timing rules: engines installed or converted after 31 December 2022 must have EIAPPs (s 33). Domestic commercial vessels are thus subject to a staged implementation.

The Order also affects ports, reception facilities, and shore-based facilities that hold retained fuel samples for accessibility (s 69). Finally, third-party recognised organisations and issuing bodies used by AMSA are implicated in survey and certification roles (numerous notes and cross-references).

Duties

Compliance with Annex VI and related implementation requirements is mandatory: a vessel must comply with Annex VI requirements that apply to it, and persons must comply with requirements for implementation of Annex VI (s 10(1)-(2)).
Certificates and surveys. Vessels required by Annex VI to have IAPP or IEE certificates must obtain and maintain those certificates; the criteria for issue depend on surveys and compliance with regulation 5 of Annex VI (ss 11, 16, 21). IAPP certificates must be endorsed where regulation 6 requires endorsement (s 17(b)). EIAPP certificates and technical files are required for engines to which regulation 13 applies and must be kept on board when the engine is installed on vessels where they are required (ss 32-36, 38).
Engine and emissions obligations. Owners and masters must ensure engines operate within NOx limits in regulation 13 of Annex VI; operation outside the limits is an offence with civil penalty exposure, subject to specific narrow transitional exceptions (s 41). In NOx Tier III areas certain recording requirements must be entered in the official logbook or approved electronic record book (s 42).
Ozone depleting substances. Masters commit an offence if an emission of an ozone depleting substance occurs from the vessel; owners commit offences for specified vessels containing ozone depleting substances depending on construction date (ss 27-29). Removal of ODS from a vessel must be to a designated reception facility (s 30). An ozone depleting substances record book is prescribed and entries in an electronic record book are taken to have been signed by the master (s 31).
Incineration. Strict obligations govern incineration on board: incineration in contravention of regulation 16 of Annex VI, and incinerators failing to comply with regulation 16, are offences (s 43). Owners must ensure manuals and training; masters must ensure monitoring and minimum temperatures are maintained (ss 45-46).
Fuel sulphur and supply. The Order prescribes sulphur limits (0.50% m/m and 0.10% m/m for particular areas), requires bunker delivery notes and samples to be produced on completion of bunkering and sets sampling retention requirements (ss 57, 68-69). Fuel-changeover operations must be recorded in the specified logs with prescribed details and retention periods (s 62).
Energy efficiency and reporting. Vessels ≥5000 GT must have a statement of compliance based on fuel consumption and CII reporting and must retain statements on board for at least five years (ss 54-56). SEEMP content is prescribed (s 52) and owners may need to develop corrective action plans where CII shortfalls occur (s 55(1)(d)).

Rights and administrative pathways

Application for equivalents and approvals. Persons may apply for approval to use an equivalent to a requirement (s 7). AMSA may approve an equivalent if at least as effective and not in breach of Annex VI requirements (s 7(2)). Exhaust gas cleaning systems may be approved as Annex VI equivalents by a prescribed officer or issuing body, subject to stated criteria (s 63).
Electronic record books. Applicants may apply to an issuing body for approval of an electronic record book; the issuing body may approve if the system maintains information integrity and is accessible for reference (s 8).
Waivers and exclusions. Owners may apply for waivers from EEDI and EEXI requirements (s 53) and for exclusion of an incinerator from certain Annex VI provisions (s 44). AMSA may grant those applications subject to Annex VI criteria.
Review rights. Decisions on applications under Marine Order 1 are reviewable pursuant to Marine Order 1 processes (notably sections 17 and 18 of Marine Order 1) where the Order so states (see notes and e.g. s 8(3), s 15 note, s 44 note, s 53 note). Some pollution-certificate related decisions remain reviewable under the Navigation Act (see note to s 12).
Transitional savings. Existing EIAPP certificates issued before 1 January 2023 are preserved (s 71), and applications made under the 2013 Order but not decided by 1 January 2023 are taken to be applications under this Order (s 70).

Many duties are framed as strict liability offences with civil penalties available in addition to criminal penalties. Penalty quantum for common offences is 50 penalty units unless another amount is specified (various provisions such as ss 27, 28, 29, 30, 37-38, 41-46, 43).

Enforcement actors and powers

AMSA is the central enforcement and administrative authority for this Marine Order. The Order treats AMSA as the "Administration" for many Annex VI references and links administrative processes to Marine Order 1 (s 5(1)-(2), s 3). Issuing bodies and prescribed officers are also named as decision makers for certificates, approvals and Register functions (s 63(1)(b), s 64 notes).
Inspectors and prescribed officers have powers under the Navigation Act and Pollution Prevention Act to verify compliance, carry out inspections, audits and take samples from fuel suppliers, and to take other enforcement steps as allowed by those Acts (s 3(2)(d), s 3(2)(g), s 67).

Criminal offences and civil penalties

The Order sets criminal offences and parallel civil penalty provisions. Many offences are specified as strict liability offences, meaning mens rea is not required for conviction under the Marine Order (for example ss 27(3), 28(2), 29(2), 30(2), 37(2), 38(2), 41(5), 42(3), 43(3), 45(3), 46(3)). In addition to criminal penalties the Order frequently makes contraventions civil penalty breaches of the same quantified size (commonly 50 penalty units,see multiple sections).
Quantums. The specified monetary penalty across multiple offences is 50 penalty units. The Order does not itself state the monetary value of a penalty unit; that value is set under the Crimes Act 1914 or current law. The Order consistently pairs criminal penalties with civil penalty liability for the same conduct (for example ss 27(1)-(4), 28(1)-(3)).
Record-keeping, reporting and documentary offences. Failure to produce and retain required bunker delivery notes, fuel samples and statements of compliance can attract criminal and civil exposure. For example, masters and owners commit offences for failing to keep required documents on board or to keep bunker delivery notes for three years under the Pollution Prevention Act (s 68 note, and cross-references to Pollution Prevention Act relevant sections identified in the Marine Order).

Administrative review and appeal

Many administrative decisions have internal review rights through the Marine Order 1 application and review process. The instrument repeatedly notes that decisions not to approve an electronic record book, decisions on equivalence approvals, decisions on exclusion of incinerators, waiver decisions and supplier registration decisions are reviewable under Marine Order 1 (see s 8(3), s 7 note, s 44 note, s 53 note, s 65 note, s 66(3)). The Order also notes that pollution certificate decisions may be reviewable under subsection 313(1) of the Navigation Act (s 12 note).
Procedural timelines. Marine Order 1 contains the application process mechanics, including time allowed for consideration and requirement to give reasons and internal review processes (see notes in s 7 and elsewhere). The Order makes those procedural paths the primary administrative recourse.

Enforcement risks and mechanics

Strict liability construct creates enforcement ease for regulators and concurrent civil penalties provide an administrative enforcement route without criminal prosecution, increasing the practical tools available to AMSA and inspectors.
For fuel suppliers the Order authorises inspections, audits and sampling (s 67). Removal from the Register is an administrative sanction with review rights (s 66). Bunker-delivery note and sampling rules impose operational documentation obligations enforceable against suppliers and masters (s 68).

The Order does not itself detail broader sanctioning frameworks such as on-the-spot fines, vessel detention mechanics or prosecution prioritisation; such powers are provided via the Navigation Act and Pollution Prevention Act powers that the Order activates (s 3).

Statutory foundations and international law

The Order is expressly made under both the Navigation Act 2012 and the Pollution Prevention Act (s 3(1)). Section 3 reproduces the specific enabling sections in those Acts that permit the Marine Order to be made and to give domestic effect to MARPOL provisions (s 3(2) and s 3(3)). This creates a direct legislative chain from international MARPOL Annex VI through the Navigation Act and Pollution Prevention Act into domestically enforceable obligations.
Annex VI and technical instruments. The Order imports Annex VI, the NOx Technical Code, and specific IMO Guidelines as operative technical standards (see definitions s 4 and the multiple provisions requiring calculation or compliance "in accordance with" named Annex VI regulations and Guidelines, e.g. ss 48-52, 59, 63). Where the Order references those documents it makes their technical prescriptions binding or prescriptive for Australian law to the extent described.

Interaction with Marine Order 1 and administrative law

Marine Order 1 (Administration) 2013 is the default procedural vehicle. The Order repeatedly delegates application and review mechanics to Marine Order 1 for matters such as equivalents approvals, electronic record book approvals, waivers, exclusions, supplier registration and many certification processes (see s 7 note, s 8(1)-(3), s 15 note, s 44(1)-(2), s 53). The Marine Order 1 provisions for review (sections 17 and 18 of that Order) are therefore the primary review channel for administrative decisions under this instrument.
Navigation Act review route. The Order also identifies that decisions about pollution certificates are reviewable under subsection 313(1) of the Navigation Act, creating a parallel statutory review route in some circumstances (s 12 note).

Overlap with State and Territory laws

The Order is subject to subsection 33(2) of the Pollution Prevention Act and section 12 of the Navigation Act which mean that if State, Territory or national law already gives effect to the same parts of MARPOL in a particular area, those parts of the Marine Order may not apply in that area (s 6 note). Practically, this can produce areas where State or NT law operates instead of the Marine Order for some vessels or in some areas.

Cross-references to the Pollution Prevention Act

The Order prescribes specific items for the Pollution Prevention Act, for example the sulphur limits for fuel oil (s 57), the Register of Local Suppliers of Fuel Oil (s 64) and various operational and record requirements (Div 10). Those provisions operate to fulfil the requirement that the Pollution Prevention Act be supported by subordinate instruments specifying technical and procedural elements.

Integration with international certificates and third-country administration

For foreign vessels not subject to Annex VI, the Order requires them to carry equivalent certificates issued by their flag State if Annex VI would apply but their country is not party to Annex VI (s 24(4)-(5)). That preserves compatibility with third-party certification regimes and avoids duplicative Australian certification when a foreign flag provides equivalent documentation.

Technical instrument dependence and enforcement consistency

Because the Order relies on Annex VI and numerous IMO Guidelines and Codes, changes at the IMO level will affect the technical standards applicable in Australia, subject to any domestic amendment processes. The Order repeatedly points users to AMSA for copies and guidance (s 4 notes), placing AMSA as the clearing-house for technical implementation.

The Marine Order itself contains a compact and recent amendment history within the instrument. Key historical facts set out in the text are:

Repeal and replacement. The Marine Order repeals Marine Order 97 (Marine pollution prevention , air pollution) 2013 and replaces it with the 2022 version (s 1B). The 2022 Order then commenced on 1 January 2023 (s 1A).
Transitional and savings provisions. The Order includes transitional rules preserving continuity. Applications made under the 2013 Marine Order but not decided by 1 January 2023 are treated as applications under the 2022 Order (s 70). EIAPP certificates issued before 1 January 2023 are taken to be EIAPP certificates under the 2022 Order (s 71). The Order notes that IAPP and IEE certificates continue in operation as they are issued under the Navigation Act (s 71 note).
Incorporation of more recent IMO guidelines. The Order updates technical references to later IMO instruments and guidelines in its definitions and calculation rules. For example, it references the 2015 Guidelines for exhaust gas cleaning systems (s 4), the 2018 Guidelines for EEDI (s 48 note), the 2022 Guidelines for EEXI (s 49 note) and the 2022 Guidelines for SEEMP (s 52(1)). The Act thereby aligns domestic standards with the then-current IMO guidance regime as of 2022.
Staged implementation dates embedded for certain obligations. The Order sets effective dates for certain obligations: the Marine Order commences 1 January 2023 (s 1A); domestic rules require EIAPP certificates for engines installed or converted after 31 December 2022 on domestic commercial vessels and small recreational vessels (s 33); certain NOx Tier III exceptions reference dates such as vessels constructed after 31 December 2015 or 31 December 2020 depending on the particular emission control area (s 41(3)(a)-(b)). The Order thus contains internal temporal staging for specific technical rules.

The Order does not list any amendments made since 29 November 2022, the date of signature. Any future amendments to incorporated IMO instruments or to the Navigation Act or the Pollution Prevention Act could require further changes to the Marine Order to maintain domestic conformity, but the instrument itself does not provide an ex post change log beyond its own replacement of the 2013 Order and the transitional savings it contains (ss 1B, 70-71).

The Marine Order text does not record judicial decisions, litigation outcomes or case law. The instrument sets administrative review pathways and statutory references for contesting decisions but does not itself cite litigation. Where the Order prescribes review routes it does so by reference to Marine Order 1 (Administration) 2013 or the Navigation Act rather than by citing judicial precedent (see notes at ss 7, 8, 12, 15, 44, 53, 63). Practical implications for litigation and dispute resolution arising from the Order include:

Administrative review as primary pre-litigation mechanism. Many decisions about approvals, registrations, waivers, exclusions and approvals of equivalents are reviewable under Marine Order 1 (see notes at ss 7, 8, 15, 44, 53, 63). Marine Order 1 contains internal review mechanisms (sections 17 and 18) and procedural rules for applicants. Parties seeking to challenge AMSA decisions will primarily exhaust administrative review avenues before bringing proceedings.
Statutory review under the Navigation Act. Some certificate decisions are reviewable under subsection 313(1) of the Navigation Act as the Order notes in s 12. Where the Navigation Act provides a statutory review path, that will be an alternate route to contesting decisions about pollution certificates.
Enforcement decisions and strict liability offences. The Order imposes strict liability offences in multiple places (for example ss 27(3), 28(2), 29(2), 30(2), 37(2)). Strict liability reduces the standard the prosecution must prove and so affects enforcement litigation dynamics. Defendants may focus on available defences such as statutory exception clauses, compliance steps taken, or procedural irregularities in administrative decision-making.
Civil penalty route. The availability of civil penalty liability as an alternative to criminal prosecution in many provisions creates an administrative enforcement path that can lead to pecuniary enforcement decisions rather than criminal trials. Civil penalty proceedings under the legislation will proceed under the relevant statutory enforcement procedures in the Navigation Act and Pollution Prevention Act.

Because the instrument does not list litigation, users should assume litigation-practice issues will be determined by the Navigation Act, the Pollution Prevention Act and the courts applying those Acts and the common law to facts. The Order’s repeated delegation of procedural review to Marine Order 1 means that litigation arising from AMSA decisions will often engage the administrative law doctrines and statutory review frameworks embedded in Marine Order 1 and the Navigation Act.

Strict liability and civil penalties

Many offences are strict liability. Multiple provisions designate offences as strict liability (see ss 27(3), 28(2), 29(2), 30(2), 37(2), 38(2), 41(5), 42(3), 43(3), 45(3), 46(3)). That means an owner or master may be liable without proof of fault; defences are limited to matters such as legal justification or exceptions expressly in the Order. Practically, this raises compliance and insurance exposure for owners and masters.
Civil penalties parallel criminal penalties. For many offences civil penalties of 50 penalty units are provided in addition to the criminal penalty (see, for example, ss 27(4), 28(3), 29(3), 30(3)). Expect AMSA to have both criminal and administrative enforcement options.

Document carriage and retention traps

Required documents on board. There are strict offences for failing to keep EIAPP certificates and technical files on board when required (s 38). Owners should note that an EIAPP certificate is required for engines over 130 kW and for many domestic installations post-31 December 2022 (ss 32-33).
Retention periods. A statement of compliance must be kept on board for at least five years (s 54(2)). Bunker delivery notes and fuel samples have specified retention obligations,samples must be retained until substantial consumption or 12 months after supply and bunker delivery notes must be kept for three years under the Pollution Prevention Act cross-references (ss 69 and 68 note). Failure to retain may attract enforcement.

Temporal thresholds and staged obligations

Domestic cut-off dates. For domestic commercial vessels and qualifying recreational vessels, engines installed or converted after 31 December 2022 must have EIAPP certificates under s 33. Engine suppliers who supply such engines after that date must provide EIAPP certificates and technical files at the time of supply (s 39). Persons performing major conversions after that date must provide the EIAPP certificate and file to the owner as soon as practicable (s 40). Non-compliance in these timing windows attracts penalties (s 39(2), s 40(2)).
Vessel construction dates affect obligations. For NOx Tier III exceptions, the Order treats vessels constructed after certain dates differently when operating in particular emission control areas (s 41(3)). Owners must check which date applies for their operational area.

Who is liable varies by offence

Owner versus master. The instrument specifies which party is liable for which breach. For example, release of ozone depleting substances is an offence by the master (s 27(1)), while presence of ODS on vessels constructed after 31 December 2019 is an owner offence (s 28(1)). Incinerator manual availability and seafarer training are owner duties (s 45), whereas continuous monitoring and temperature constraints are master duties (s 46). Contractually allocating risk does not remove statutory liability.

Equivalents treated as mandatory in operation

Approved equivalents and EGCS operation. Exhaust gas cleaning systems approved as Annex VI equivalents must be operated in accordance with the 2015 Guidelines "as if" mandatory (s 59(1)), and discharges from EGCS are tightly controlled with mandatory continuous monitoring and application of 2015 Guidelines measures (s 59(2)). An approval process exists (s 63), but once approved the operational disciplines are prescriptive and treated as binding.

Interplay with foreign-flag vessels

Foreign vessels still have Annex VI obligations. Foreign vessels must carry the certificates required by Annex VI where that Annex applies, but several domestic administrative processes do not apply to foreign vessels without Australian nationality (s 6(2)). Nevertheless, where Annex VI would apply if the flag State were a party, the vessel must carry certificates issued by its flag administration (s 24(4)-(5)). Owners of foreign vessels should confirm which parts of the Marine Order are locally enforceable and which are matters of flag State compliance.

Administrative review where the pathway differs

Different review tracks. Some decisions are reviewable under Marine Order 1 (sections 17 and 18) while pollution-certificate decisions may be reviewable under subsection 313(1) of the Navigation Act (s 12 note). Parties must select the right review avenue and comply with Marine Order 1 timeframes and procedural requirements or risk forfeiture of rights.

Dependence on external technical instruments

Technical provisions import external codes and Guidelines. Compliance often requires following the NOx Technical Code, Annex VI regulation text and numerous named IMO Guidelines. Keeping current with the applicable versions and AMSA guidance is necessary because the Order binds parties to those external standards (s 4 definitions and multiple notes).

Practical operational constraints

Fuel non-availability notices and timing. Notification of fuel non-availability must be on an approved form and "as soon as" the responsible person becomes aware that compliant fuel will not be obtainable (s 60). Failure to follow the approved form and timing can expose masters and owners.
Electronic record books require approval. Electronic record books must be approved by an issuing body to be acceptable (s 8). Entries in approved electronic ozone depleting substances record books are taken to be signed by the master (s 31(2)), but lack of approval means records may be non-compliant.

Operational checklist and immediate actions

Determine which parts of the Order apply to your vessel. Classify the vessel as a regulated Australian vessel, foreign vessel, recreational vessel, or domestic commercial vessel (s 6(1)). For foreign non-Australian vessels, check s 6(2) exclusions and s 24 to confirm which Annex VI requirements and certificate carriage rules apply.
Certificates and surveys. If Annex VI requires an IAPP or IEE certificate, initiate survey under regulation 5 of Annex VI and apply for the relevant certificate through an issuing body as specified (ss 11, 16, 21, 12). For engines >130 kW that fall under regulation 13 of Annex VI, ensure EIAPP certificates and technical files are obtained and kept on board where required (ss 32-35, 38).
Timing for domestic engines. For domestic commercial vessels and certain recreational vessels ensure EIAPP certificates are obtained for engines installed or converted after 31 December 2022, and ensure suppliers and converters provide documentation at supply or immediately after conversion (ss 33, 39, 40).
Documents on board and logbooks. Keep required certificates and technical files on board at all times where law requires (s 38). Maintain the ozone depleting substances record book as prescribed, as part of an existing logbook, official logbook or an approved electronic record book (s 31). Ensure continued availability and accessibility of SEEMP and statements of compliance (ss 52, 54).
Fuel management and supplier interactions. Comply with sulphur limits (s 57). Use a registered local fuel supplier when required and ensure the supplier produces a completed bunker delivery note on completion of bunkering and gives a signed and sealed representative sample to the master as soon as practicable (s 68). Retain bunker delivery notes and samples for the prescribed periods (s 69 and s 68 notes).
EGCS and equivalents. If using an exhaust gas cleaning system (EGCS), confirm whether the system is approved as an Annex VI equivalent (s 63). Operate EGCS in accordance with the 2015 Guidelines as if mandatory and establish continuous monitoring and recording of waste streams with the measurement/limit checks described in s 59(2).
Incinerator operation. Ensure the incinerator and its operation comply with regulation 16 of Annex VI. Maintain manufacturer operating manuals on board and ensure seafarers responsible for operation are trained in the manual content (s 45). Monitor combustion chamber gas outlet temperature at all times and avoid feeding waste when temperature is below prescribed thresholds (s 46).
CII, SEEMP and statements. For vessels ≥5000 GT, collect fuel oil consumption data in accordance with regulation 27 of Annex VI and calculate annual operational CII when applicable. Apply to an issuing body for a statement of compliance and retain that statement on board for at least five years (ss 54-56). Keep the SEEMP updated to address corrective action plans where CII shortfalls occur (s 55(1)(d)).
Record keeping for fuel-changeover operations. Record prescribed fuel-changeover operations in the specified logbook and include volumes, dates, times and position. Maintain these entries for the prescribed periods (s 62).
Reporting marine incidents and alterations. Report marine incidents that may affect Annex VI compliance and alterations that could affect pollution certificates within the timeframes identified: report alterations to AMSA within seven days of the alteration (s 14), report marine incidents as required by the Navigation Act with the prescription in s 9.

Administrative processes and review

Use Marine Order 1 for applications. Apply for equivalents, waivers, exclusions, registration on the Register of Local Suppliers of Fuel Oil and approvals of electronic record books through the Marine Order 1 application processes (s 7(1), s 8(1), s 44(1), s 53(1), s 65(1)). Be prepared to supply the approved forms located on the AMSA website where the Order indicates such forms are required (s 60 note, s 65 note, s 64 note).
Prepare for reviews. Decisions under Marine Order 1 are reviewable pursuant to sections 17 and 18 of that Order. Certificate decisions may be reviewable under subsection 313(1) of the Navigation Act (s 12 note). Track deadlines and procedural requirements in Marine Order 1 to preserve review rights.
Ensure electronic record book approvals. If using electronic record books for required entries, apply for approval through an issuing body and ensure the system secures data integrity and accessibility (s 8(1)-(2)).

Operational risk management

Train masters and crew to avoid strict liability traps. Given strict liability features, owners should train masters and crew to follow required recording, monitoring and operating procedures to minimise inadvertent breaches (see ss 27, 42, 46 and others).
Contract terms with suppliers and converters. Contractually require engine suppliers to provide EIAPP certificates and technical files on supply and require major conversion contractors to provide certificates promptly (ss 39-40). Include warranties and indemnities to manage exposure related to strict liability offences.
Document retention and audit readiness. Maintain physical and electronic copies of required documents on board and at shore-based locations accessible for audits. Retain fuel samples and bunker delivery notes for the requisite periods and maintain a clear chain of custody for samples (ss 68-69).
Interaction with AMSA. Use AMSA guidance and the AMSA website for forms and to confirm the current versions of IMO Guidelines incorporated by the Order (s 4 notes). Stay alert for AMSA audits, inspections and sampling (s 67) and keep proof of compliance activities.

Technical compliance steps

Engage recognised organisations and issuing bodies early for surveys, technical-file preparation, EIAPP testing and certificate issuance (ss 16, 35).
Work with classification societies and engine manufacturers to ensure NOx verification procedures are included in the technical file and onboard verification is scheduled and recorded in line with the NOx Technical Code (s 36(2)(b)-(c)).
For vessels operating in emission control areas, validate whether NOx Tier III obligations and related exceptions apply by reference to the vessel construction date and the specific ECA designation timelines in s 41.

Final notes

Review and update insurance and compliance budgets to reflect civil penalty exposure and the operational costs of EGCS operation, monitoring, record keeping and certification.
Maintain a compliance calendar tracking renewal dates for certificates, annual supplier declarations, retention deadlines for records and the five-year retention timeframe for statements of compliance (s 54(2), s 64(2)).
When in doubt about the appropriate application route for an approval, waiver or equivalence, submit the application via Marine Order 1 processes and retain proof of submission and AMSA communications to preserve legal positions under the Order (s 7 note, s 15 note).

Marine Order 97 (Marine pollution prevention — air pollution) 2022

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What it does

Current sections