Marine Orders - Part 91: Marine Pollution Prevention—Oil, Issue 5

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Marine Order 91, issue 5 (Marine pollution prevention — oil)

This compilation was prepared on 16 March 2012 taking into account amendments up to Marine Orders Part 91 Amendment 2012 (No. 1).

Prepared by the Office of Legislative Drafting, Australian Maritime Safety Authority

1A Name of Order................................................

1 Purpose & power..............................................

2 Definitions...................................................

3 Interpretation.................................................

4 Application...................................................

5 Exemptions...................................................

5A Equivalents...................................................

6 Review of decisions.............................................

7 Convention requirements.........................................

8 Surveys.....................................................

9 Certificates...................................................

10 Other prescribed matters.........................................

11 Specifications and interpretations...................................

Schedule 1 Forms

1A Name of Order

This Order is Marine Order 91, issue 5.

1 Purpose & power

1.1 Purpose

1.1.1 This Order gives effect to all or part of Regulations 2, 3, 5, 6, 9, 10, 12, 13, 14, 16, 18 to 35 (inclusive), 40, 41 and 42 of Annex I to MARPOL, which includes matters dealing with requirements on oil tankers to minimise oil pollution through the contamination of ballast water or through collision or stranding, or side and bottom damage.

1.1.2 The Order also prescribes various matters, such as survey and certification requirements and appropriate forms to be used to report pollution incidents, for the purposes of Division 12 of Part IV of the Navigation Act and Part II of the Pollution Prevention Act.

1.2 Power

1.2.1 Subsection 425(1) of the Navigation Act provides for regulations to be made prescribing matters required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act. Section 267A of the Navigation Act provides that the regulations may make provision for and in relation to giving effect to Regulations 12, 13, 14, 16, 18, 24, 25, 26 and 28 to 35 (inclusive) of Annex I of MARPOL.

1.2.2 Subsection 33(1) of the Pollution Prevention Act provides for regulations to be made prescribing matters:

(a) required or permitted to be prescribed; or

(b) necessary or convenient to be prescribed for carrying out or giving effect to the Act;

and, in particular:

(c) for and in relation to giving effect to MARPOL, other than provisions of MARPOL to which effect is given by a provision of the Act.

1.2.3 Subsection 425(1AA) of the Navigation Act and subsection 34(1) of the Pollution Prevention Act provide that AMSA may make orders with respect to any matter for or in relation to which provision may be made by regulation.

2 Definitions

In this Order:

Annex I means Annex I to MARPOL.

anniversary date, in relation to a certificate, means the day and the month of each year corresponding to the day and month of expiry of the certificate.

Area Manager means the person occupying the position of:

(a) Manager, Maritime Operations – North; or

(b) Manager, Maritime Operations – South; or

(c) Manager, Maritime Operations – East; or

(d) Manager, Maritime Operations – West,

in AMSA.

certificate of competency has the meaning given by the Annex Chapter I, Regulation I/1 of the STCW Convention.

Condition Assessment Scheme means the Condition Assessment Scheme adopted by IMO Resolution MEPC.94(46), as amended by IMO Resolutions MEPC.99(48), MEPC.112(50) and MEPC.131(53) and MEPC.155(55).

date of issue, in relation to a certificate, means:

(a) the date that the certificate is issued; or

(b) the date shown on the certificate as the date of issue for the purposes of the Convention, being a date not earlier than the date on which the survey for the issue of the certificate was completed,

whichever is the earlier.

IOPP Certificate means a ship construction certificate referred to in section 267B of the Navigation Act or an International Oil Pollution Certificate referred to in section 267C of the Navigation Act.

Note The ship construction certificate referred to in section 267B of the Navigation Act and the International Oil Pollution Certificate referred to in section 267C of the Navigation Act are, in fact, identical.

management level has the meaning given by Part A, Chapter I, section A-I/1 of the STCW Code.

STCW Code means the Seafarers’ Training, Certification and Watchkeeping (STCW) Code as adopted by resolution of the 2010 Conference of the Parties to the STCW Convention.

Note 1 The resolution mentioned in the definition of STCW Code forms part of a package of amendments (the Manila amendments) made by the 2010 Conference (STCW/CONF.2/34).

Note 2 Some expressions used in this Order are defined or explained in Marine Order 1 (Administration), including:

Note: AMSA

Note: equivalent

Note: General Manager, Maritime Operations Division

Note: IMO

Note: Manager, Marine Environment Standards

Note: Manager, Ship Inspection and Registration

Note: MARPOL

Note: Navigation Act

Note: penal provision

Note: Pollution Prevention Act

Note: SOLAS.

Note 3 Some expressions used in this Order are defined in the Navigation Act, including:

Note: STCW Convention

Note: survey authority

Note: surveyor.

3 Interpretation

3.1 In each of the following paragraphs of Annex 1, the Administration is taken to mean the Manager, Ship Inspection and Registration:

(a) paragraphs 1, 4 and 5 of regulation 3;

(b) paragraphs 4 and 5 of regulation 14;

(c) paragraphs 5 and 7 of regulation 20;

(d) paragraphs 5, 6 and 7 of regulation 21;

(e) paragraph 1 of regulation 40;

(f) paragraph 1 of regulation 41.

3.2 For the purposes of:

(a) paragraphs 6 and 7 of regulation 14;

(b) paragraphs 5, 8.2, 8.3, 8.4 and 10.1.1 of regulation 18;

(c) paragraph 8 of regulation 19;

(d) the first sentence of paragraph 5 of regulation 25;

(e) regulation 27;

(f) regulation 28;

(g) paragraphs 2.1 and 2.3 of regulation 29;

(h) paragraphs 6 and 7 of regulation 30;

(i) paragraphs 1, 2, 3 and 4 of regulation 31;

(j) regulation 32;

(k) paragraphs 1 and 2 of regulation 33; and

(l) paragraph 1 of regulation 35,

of Annex I, reference to the Administration is to be read as a reference to the Manager, Ship Inspection and Registration, or a survey authority, as appropriate.

3.3 For the purposes of:

(a) paragraph 6 of regulation 2;

(b) paragraphs 10.1.2 and 10.3 of regulation 18;

(c) paragraph 8.1 of regulation 20;

(d) paragraph 8.1 of regulation 21; and

(e) the final sentence of paragraph 5 of regulation 25,

of Annex I, reference to the Administration is to be read as a reference to AMSA.

3.4 In this Order, a reference to the date on which the keel of a ship was laid, or on which a ship was constructed, means the date on which not less than 50 tonnes or one per cent of the proposed total mass of the structural material of the ship, whichever is the less, has been assembled.

4 Application

4.1 Subject to subsection 33(2) of the Pollution Prevention Act and subsection 267(2) of the Navigation Act, this Order applies to and in relation to a ship:

(a) to which MARPOL is expressed to apply; or

(b) owned or operated by the Commonwealth and used, for the time being, on government non-commercial service.

4.2 For the purposes of subsections 32(1) and 32(1A) of the Pollution Prevention Act, sections 11A to 11G, 12 and 13 of that Act apply without modification or exception to foreign ships, including foreign ships flying the flag of, or under the authority of, a Party to the Convention, at any time when they are in a port in Australia or are in the territorial sea of Australia or in the sea on the landward side of the territorial sea of Australia while on their way to or from a port in Australia as if such ships were Australian ships.

5 Exemptions

Application

5.1 A person may apply, in accordance with the application process set out in Marine Order 1 (Administration), for an exemption of a ship from a requirement of this Order.

Decision maker

5.2 The decision maker for the application is the Manager, Ship Inspection and Registration.

Exemptions not to contravene Annex I

5.3 The Manager, Ship Inspection and Registration may give an exemption only if he or she is satisfied that it would not contravene Annex I.

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

Note: making an application

Note: seeking further information about an application

Note: the time allowed for consideration of an application

Note: imposing conditions on approval of an application

Note: notifying a decision on an application

Note: review of decisions.

5A Equivalents

Application

5A.1 A person may apply, in accordance with the application process set out in Marine Order 1 (Administration), for approval to use an equivalent.

Decision maker

5A.2 The decision maker for the application is the Manager, Ship Inspection and Registration.

Decision making criteria

5A.3 The Manager, Ship Inspection and Registration may approve use of an equivalent only if he or she is satisfied that:

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

(b) approving use of the equivalent would not contravene Annex I.

Meaning of equivalent and use

5A.4 For this section:

equivalent means:

(a) a fitting, material, appliance or apparatus that could be fitted or carried in a ship as an alternative to a fitting, material, appliance or apparatus that a provision of this Order requires to be fitted or carried in the ship; or

(b) an arrangement that could be made, or a procedure that could be followed, in or for a ship as an alternative to a requirement of this Order.

use, of an equivalent, includes:

(a) fitting or carrying the equivalent in or on a ship; and

(b) making an alternative arrangement or following an alternative procedure.

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

Note: making an application

Note: seeking further information about an application

Note: the time allowed for consideration of an application

Note: imposing conditions on approval of an application

Note: notification of a decision on an application

Note: review of decisions.

6 Review of decisions

6.1 Internal review

6.1.1 If the Manager, Ship Inspection and Registration makes a decision under a section of this Order other than section 5 or 5A, a person affected by the decision may, within 3 months of the date of notification of the decision or such longer period as determined by the General Manager, Maritime Operations Division apply to the General Manager, Maritime Operations Division for review of that decision.

6.1.2 An application for internal review under 6.1.1 must be made in writing to the General Manager, Maritime Operations Division and must be accompanied by such information as the General Manager, Maritime Operations Division requires to enable the decision to be properly reviewed.

View image in the official source 6.1.3 The General Manager, Maritime Operations Division may:

(a) affirm the original decision by the Manager, Ship Inspection and Registration, or surveyor; or

(b) make any decision that could be made by the Manager, Ship Inspection and Registration, or surveyor in accordance with this Order.

6.1.4 The General Manager, Maritime Operations Division must give his or her decision in writing within 28 days of receiving the application for internal review.

6.2 Review by the AAT

6.2.1 Application may be made to the Administrative Appeals Tribunal for review of a decision by the General Manager, Maritime Operations Division under subsection 6.1.3.

6.2.2 The notice of a decision by the General Manager, Maritime Operations Division under subsection 6.1.4 must include a statement to the effect that, if the person is dissatisfied with the decision, application may, subject to the Administrative Appeals Tribunal Act 1975, be made to the Administrative Appeals Tribunal for review of the decision. The notice must also include a statement to the effect that the person may request a statement under section 28 of that Act.

6.2.3 Failure to comply with subsection 6.2.2 in relation to a decision does not affect the validity of that decision.

7 Convention requirements

7.1 Regulations 12, 13, 14, 16, 18 to 35 (inclusive), 40, 41 and 42 of Annex I have the force of law as part of the law of the Commonwealth.

7.2 A regulation of Annex I interpreted or explained by a provision of this Order is to be read as having the meaning attributed by that provision of this Order.

7.3 In accordance with regulation 20.8.2.1 of Annex I, an oil tanker referred to in regulation 20.5 of Annex I will not be permitted to enter an Australian port or offshore terminal after the anniversary of the date of the delivery of the ship in 2015, notwithstanding that the country of registration of the ship has allowed continued operation of that ship in accordance with regulation 20.5 of Annex I.

7.4 In accordance with regulation 20.8.2.2 of Annex I, an oil tanker referred to in regulation 20.7 of Annex I will not be permitted to enter an Australian port or offshore terminal after the relevant date specified in regulation 20.4, notwithstanding that the country of registration of the ship has allowed continued operation of that ship in accordance with regulation 20.7 of Annex I.

7.5 In accordance with regulation 21.8.2 of Annex I, an oil tanker referred to in regulation 21.5 or 21.6 of Annex I will not be permitted to enter an Australian port or offshore terminal after the relevant date specified in regulation 21.4, notwithstanding that the country of registration of the ship has allowed continued operation of that ship in accordance with regulation 21.5 or 21.6 of Annex I.

7.6 The operator or agent of an oil tanker which does not comply with regulation 19 of Annex I must provide the Manager, Ship Inspection and Registration, with the following information at least 48 hours before loading cargo for carriage to or from an Australian port or offshore terminal:

(a) name of ship;

(b) IMO number of ship;

(c) details of cargo (type, density or kinematic viscosity);

(d) name of the Australian port or offshore terminal;

(e) expected date of arrival or departure; and

(f) contact details of person or company providing information.

Note Notice is to be sent to Manager, Ship Inspection and Registration, either by fax ( + 61 (0)2 6279 5058) or by e-mail (tankers@amsa.gov.au).

8 Surveys

8.1 Survey requirements

Every oil tanker of 150 tons gross tonnage and above, and every other ship of 400 tons gross tonnage and above, is subject to the following surveys and inspections:

(a) an initial survey before the ship is put in service or before an IOPP Certificate is issued for the first time;

(b) subject to subsections 9.3, 9.4.3, 9.4.4 and 9.4.5, a renewal survey at intervals not exceeding 5 years after the completion of the initial survey;

(c) an intermediate survey within three months before or after the second anniversary date or within three months before or after the third anniversary date of the IOPP Certificate, which will take the place of one of the annual surveys;

(d) an annual survey within 3 months before or after each anniversary date of the IOPP Certificate; and

(e) additional surveys, as occasion arises.

8.2 Initial survey

The initial survey must include a complete survey of its structure, equipment, systems, fittings, arrangements and material in so far as such is required by or provided for the purposes of, Annex I. This survey must be such as to ensure that the structure, equipment, systems, fittings, arrangements and material fully comply with the applicable requirements of Annex I.

8.3 Renewal surveys

The renewal survey must be such as to ensure that the structure, equipment, systems, fittings, arrangements and material fully comply with the applicable requirements of Annex I.

8.4 Intermediate surveys

The intermediate survey must be such as to ensure that the equipment and associated pump and piping systems, including oil discharge monitoring and control systems, crude oil washing systems, oily-water separating equipment and oil filtering systems, fully comply with Annex I and are in good working order.

8.5 Annual surveys

The annual survey must include a general inspection of the structure, equipment, systems, fittings, arrangements and material referred to in subsection 8.2 to ensure that they have been maintained in accordance with subsection 8.8.

8.6 Additional surveys

An additional survey, either general or partial, according to the circumstances, must be made after a repair resulting from investigations referred to in subsection 8.8.3, or whenever any important repairs or renewals are made. The survey must be such as to ensure that the necessary repairs or renewals have been effectively made, that the material and workmanship of such repairs or renewals are in all respects satisfactory, and that the ship complies in all respects with the provisions of Annex I.

8.7 Endorsement of certificates

The intermediate and annual surveys must be endorsed on the IOPP Certificate.

8.8 Maintenance of condition

8.8.1 The condition of the ship and its equipment must be maintained to conform with Annex I to ensure that the ship in all respects will remain fit to proceed to sea without posing a threat to the environment.

8.8.2 After any survey of the ship has been completed, no change is to be made in the structure, equipment, systems, fittings, arrangements or material covered by the survey, without the sanction of the Manager, Ship Inspection and Registration, except the direct replacement of such equipment and fittings.

8.8.3 Whenever an accident occurs to a ship or a defect is discovered which substantially affects the integrity of the ship or the efficiency of its equipment covered by Annex I, the master or, if the master is unable to do so, the owner of the ship must report at the earliest opportunity to the Manager, Ship Inspection and Registration, who will cause investigations to be initiated to determine whether a survey under subsection 8.6 is necessary.

This is a penal provision.

Note If the ship is at sea or at a port outside Australia, the report should be made to the Manager, Ship Inspection and Registration, through the Rescue Coordination Centre (RCC) Australia. Contact details for the RCC are provided in Form MO-91/2, set out in Schedule 1.

9 Certificates

9.1 Form of IOPP Certificate

For the purposes of sections 267B and 267C of the Navigation Act, the prescribed form is the International Oil Pollution Prevention Certificate appearing in Appendix II of Annex I.

9.2 Duration of certificates

An IOPP Certificate remains valid:

(a) in the case of the first issue of a certificate — for a period of 5 years from the date of issue; or

(b) in the case of a renewed certificate — for a period of 5 years from the appropriate commencement date specified in subsection 9.3; or

(c) for such lesser period as the certificate specifies,

unless ceasing to have effect at an earlier date in accordance with section 267D or section 267F of the Navigation Act.

9.3 Commencement of renewal period

If an existing IOPP certificate is being renewed, the period in subsection 9.2 commences:

(a) if the renewal survey is completed on, or within 3 months before, the expiry date of the existing certificate — from the expiry date of the existing certificate;

(b) if the renewal survey is completed after the expiry date of the existing certificate — from the expiry date of the existing certificate;

(c) if the renewal survey is completed more than 3 months before the expiry date of the existing certificate — from the date of completion of the renewal survey.

9.4 Extension of validity

9.4.1 If an IOPP certificate is issued or renewed for a period of less than 5 years, the Manager, Ship Inspection and Registration, may extend the validity of the certificate beyond the expiry date for a period not exceeding 5 years from the date of issue or renewal.

9.4.2 If a renewal survey has been completed and a new IOPP certificate cannot be issued or placed on board the ship before the expiry date of the existing certificate, the Manager, Ship Inspection and Registration, or survey authority, as appropriate, must endorse the existing certificate and such a certificate is to be accepted as valid for a further period which must not exceed 5 months from the expiry date.

9.4.3 If an Australian ship at the time when an IOPP certificate expires is not in a port in which it is to be surveyed, the Manager, Ship Inspection and Registration, or a consul or other diplomatic representative of Australia may extend the period of validity of the certificate but this extension is to be granted only for the purpose of allowing the ship to complete its voyage to the port in which it is to be surveyed, and then only in cases where it appears proper and reasonable to do so. No certificate is to be extended for a period longer than 3 months, and a ship to which an extension is granted must not, on its arrival in the port in which it is to be surveyed, be entitled by virtue of such extension to leave that port without having a new certificate. When the renewal survey is completed, the new certificate is to be valid to a date not exceeding 5 years from the date of expiry of the existing certificate before the extension was granted.

9.4.4 An IOPP certificate that has been issued to a ship engaged on short voyages, and that has not been extended under subsection 9.4.1 or 9.4.3, may be extended by the Manager, Ship Inspection and Registration, or a consul or other diplomatic representative of Australia for a period of grace of up to 1 month from the date of expiry stated on it. When the renewal survey is completed, the new certificate is to be valid to a date not exceeding 5 years from the date of expiry of the existing certificate before the extension was granted.

9.4.5 In special circumstances, as determined by the Manager, Ship Inspection and Registration, a new IOPP certificate need not be dated from the date of expiry of the existing certificate as required by subsection 9.3, 9.4.3 or 9.4.4. In these special circumstances the new certificate is to be valid to a date not exceeding 5 years from the date of completion of the renewal survey.

Note “Special circumstances” might include a situation where a ship is laid up at the time the survey is due and remains laid up for a period of 6 months or more.

9.5 Surveys completed before certificate expiry

If an annual or intermediate survey is completed before the period specified in section 8, then:

(a) the anniversary date shown on the certificate is to be amended by endorsement to a date which must not be more than three months later than the date on which the survey was completed;

(b) the subsequent annual, intermediate or periodical survey required by section 8 must be completed at the intervals specified in section 8 using the new anniversary date; and

(c) the expiry date may remain unchanged provided one or more annual or intermediate surveys, as appropriate, are carried out so that the maximum intervals between the surveys specified in section 8 are not exceeded.

9.6 Certificate ceasing to be valid

An IOPP Certificate ceases to be valid in any of the following cases:

(a) if the relevant surveys and inspections are not completed within the periods specified in section 8; or

(b) if the certificate is not endorsed in accordance with subsection 8.7; or

(c) upon transfer of the ship to or from the Australian flag.

Note A new certificate for a ship transferring to the Australian flag will not be issued until AMSA or a survey authority, as appropriate, is fully satisfied that the ship is in compliance with the requirements of Annex I.

10 Other prescribed matters

10.1 Issue of certificates in respect of ships to which the Navigation Act does not apply

For the purposes of paragraph 187AA(1)(b) of the Navigation Act, a certificate issued under section 267B of the Navigation Act, is a prescribed certificate.

10.2 Alteration or damage to ship

10.2.1 For the purposes of subsection 267D(1) of the Navigation Act, the following persons are prescribed persons:

(a) the Manager, Ship Inspection and Registration; and

(b) each Area Manager.

10.2.2 For the purposes of subsection 267D(1) of the Navigation Act, Form MO–91/1 in Schedule 1 is the prescribed form.

10.3 Service of notices

10.3.1 For the purposes of subsections 267D(6), 267D(7) and 267K(1) of the Navigation Act, service of a notice addressed to the owner of the ship may be effected:

(a) by serving it personally on the owner, or on all, or any, of the owners, as the case may be, of the ship or, if an owner who is to be served is a body corporate, on a director, secretary or other officer of the body corporate; or

(b) by serving it personally on any agent of the ship or, if an agent to be served is a body corporate, on a director, secretary or other officer of the body corporate; or

(c) by serving it personally on the master of the ship.

10.3.2 For the purposes of subsections 267D(6) and 267D(7) of the Navigation Act, service of a notice addressed to the agent of the ship may be effected by serving it personally on the agent or, if the agent is a body corporate, on a director, secretary or other officer of the body corporate.

10.3.3 For the purposes of subsections 267D(6), 267D(7) and 267K(1) of the Navigation Act, service of a notice addressed to the master of the ship may be effected by serving it personally on the master of the ship or, if for any reason (including the absence of the master from the ship) it is not practicable to serve the notice on the master, by delivering it to any person on board the ship who is, or is reasonably believed to be, an officer of the ship.

10.4 Emergency plans

10.4.1 For the purposes of subsection 11A(4) of the Pollution Prevention Act, the prescribed form is Guidelines for the Development of Shipboard Oil Pollution Emergency Plans, adopted by IMO as Resolution MEPC.54(32), as amended by MEPC.86(44).

10.4.2 A shipboard oil pollution emergency plan must be approved by a survey authority, or the Manager, Marine Environment Standards.

10.5 Prescribed officers

For each provision of the Pollution Prevention Act mentioned in the following table, each AMSA employee mentioned for the provision is a prescribed officer.

Note For the meaning of prescribed officer — see subsection 3(2) of the Pollution Prevention Act.

10.6 Notifying prescribed incidents — Australia

For paragraphs 11(1)(a) and (3)(c) of the Pollution Prevention Act, the form mentioned in subsection 10.7.1 must be given to the prescribed officer, or to the Rescue Coordination Centre Australia, by any of the following means:

(a) telephone to +61 (0)2 6230 6811 or freecall within Australia 1800 641 792;

(b) fax to +61 (0)2 6230 6868;

(c) email to rccaus@amsa.gov.au;

(d) Inmarsat C and HF DSC MMSI 005030001

(e) by Aeronautical Fixed Telecommunications Network to YSARYCYX.

Note

Note: For the meaning of

Note: prescribed incident

Note: — see s 11 of the Pollution Prevention Act.

10.7 Prescribed form — harmful substances

10.7.1 For subsections 11(6) and (7) of the Pollution Prevention Act, the prescribed form is MO–91/2 Harmful Substances Report.

Note MO-91/2 Harmful Substances Report form is available on the AMSA website: http://www.amsa.gov.au.

10.7.2 If a time must be recorded in a harmful substances report, it must be expressed in Coordinated Universal Time (UTC).

10.8 Time for giving report

For subsections 11(6) and 11(7) of the Pollution Prevention Act, the time for furnishing a report is within 24 hours after receiving a request for the report.

10.8A Ship-to-ship operations plan

10.8A.1 For subparagraph 11B(2)(a)(i) and 11D(2)(a) of the Pollution Prevention Act, the plan must be in accordance with Regulation 41 of Chapter 1 of Annex I.

10.8A.2 If the ship has a safety management system mentioned in Chapter IX of SOLAS, the plan may be incorporated into the safety management system.

10.8B Person in control of ship-to-ship operation — safe operating conditions

A person in control of a ship-to-ship operation must ensure that the transfer is carried out in safe operating conditions taking into account the following:

(a) the ship-to-ship plan;

(b) the geographical transfer area;

(c) emergency procedures for the operation;

(d) the weather conditions for the proposed transfer period.

10.8C Person in control of ship-to-ship operation — qualifications

For paragraph 11C(1)(f) of the Pollution Prevention Act, the qualification requirements are the following:

(a) a management level deck certificate of competency;

(b) an oil tanker endorsement on the certificate of competency;

(c) completion of training as required by regulation V/1-1 of the STCW Convention;

(d) completion of a ship-handling course approved by AMSA.

10.8D Ship-to-ship records

For subsection 11E(3) of the Pollution Prevention Act, a ship-to-ship record must include the following information:

(a) the name, flag, call sign and IMO number of the subject oil tanker;

(b) the date and time that the transfer commenced;

(c) the geographical location of the ship-to-ship transfer;

(d) the type and quantity of the oil being transferred;

(e) the name and contact details of:

(i) the transfer service provider; and

(ii) the person in overall advisory control of the transfer;

(f) the date and time that the transfer ceased.

10.8E Giving ship-to-ship transfer information — Australia

For subparagraph 11F(1)(e)(i) of the Pollution Prevention Act, the ship-to-ship transfer information must be given to AMSA by any of the following means:

(a) email to sts@amsa.gov.au;

(b) fax to +61 (0)2 6279 5076.

10.8F Ship-to-ship transfer information

10.8F.1 For subsections 11F(3) and 11G(3) of the Pollution Prevention Act, ship-to-ship transfer information is the following information for the ship-to-ship transfer:

(a) name, flag, call sign, IMO number and estimated time of arrival of the subject oil tanker at the geographical location the ship-to-ship transfer is intended to take place;

(b) date, time and geographical location when the transfer starts;

(c) whether the transfer is to be conducted at anchor or underway;

(d) type and quantity of oil to be transferred;

(e) planned duration of the transfer;

(f) identity of the service provider or person in overall advisory control for the transfer, and his or her contact details;

(g) confirmation that the subject oil tanker has on board a plan that complies with regulation 41 of Annex 1.

10.8F.2 For paragraph 10.8F.1(f), the person in overall advisory control must be:

(a) the master of the manoeuvring ship; or

(b) the person who assists with the mooring and unmooring of ships, coordinates and supervises the transfer.

Note For paragraph (b), the person may be called the STS Superintendent.

10.8G Giving ship-to-ship transfer information — country other than Australia

For subparagraphs 11G(1)(f)(i) and (ii) and 11G(1)(g)(i) and (ii) and paragraphs 11G(2)(f) and (h) of the Pollution Prevention Act, ship-to-ship transfer information must be given to the government agency administering MARPOL by any of the following means:

(a) telephone;

(b) fax;

(c) email.

10.9 Oil record books

10.9.1 For the purposes of subsections 12(2) and 12(3) of the Pollution Prevention Act, a ship referred to in paragraph 12(1)(a) of that Act must carry oil record books consisting of the form set out in Part I and the form set out in Part II of Appendix III to Annex I.

10.9.2 For the purposes of subsections 12(2) and 12(3) of the Pollution Prevention Act, a ship referred to in paragraph 12(1)(b) of that Act must carry an oil record book consisting of the form set out in Part I of Appendix III to Annex I.

10.9.3 Where a time is required to be specified in an oil record book, it must, unless expressed in ship’s time and the conversion to Coordinated Universal Time (UTC) cannot be readily made, be expressed in Coordinated Universal Time (UTC).

10.10 Prescribed operations or occurrences

10.10.1 For the purposes of subsection 12(5) of the Pollution Prevention Act each of the following operations, being a machinery space operation, is a prescribed operation in relation to the ship (including an oil tanker):

(a) ballasting or cleaning of oil fuel tanks;

(b) discharge of dirty ballast or cleaning water from oil fuel tanks;

(c) collection and disposal of oil residue (sludge);

(d) discharge overboard or disposal otherwise of bilge water that has accumulated in machinery spaces; and

(e) bunkering of fuel or bulk lubricating oil.

10.10.2 For the purposes of subsection 12(5) of the Pollution Prevention Act, each of the following operations, being a cargo or ballast operation is a prescribed operation in relation to an oil tanker:

(a) loading of oil cargo;

(b) internal transfer of oil cargo during a voyage;

(c) unloading of oil cargo;

(d) ballasting of cargo tanks and dedicated clean ballast tanks;

(e) cleaning of cargo tanks including crude oil washing;

(f) discharge of ballast except from segregated ballast tanks;

(g) discharge of water from slop tanks;

(h) closing of all applicable valves or similar devices after slop tank discharge operations;

(i) closing of valves necessary for isolation of a dedicated clean ballast tank from cargo and stripping lines after slop tank discharge operations; and

(j) disposal of residues.

10.10.3 For the purposes of subsection 12(5) of the Pollution Prevention Act, each of the following occurrences is a prescribed occurrence in relation to the ship:

(a) the discharge into the sea of oil or an oily mixture from a ship for the purpose of:

(i) securing the safety of the ship; or

(ii) saving life at sea;

(b) the discharge into the sea of oil or an oily mixture in consequence of damage to the ship or its equipment;

(c) the discharge into the sea of substances containing oil for the purpose of combating specific pollution incidents;

(d) failure of oil discharge monitoring control system;

(e) failure of the oil filtering equipment; and

(f) the accidental or other exceptional discharge of oil not referred to above.

11 Specifications and interpretations

11.1 Established requirements

For the purposes of paragraph 2 of regulation 33 of Annex I, the established requirements are those specified in the Annex to IMO Resolution A.446(XI) as amended by IMO Resolutions A.497(XII) and A.897(21).

11.2 Unified Interpretation

For the purposes of this Order, a regulation of Annex I, being a regulation referred to in the Unified Interpretations of Annex I, published by IMO, is to be read and applied in accordance with that document.

Note The Unified Interpretations of Annex I is published in MARPOL, Consolidated Edition, 2011, IMO.

11.3 Exceptional cases

For the purposes of paragraph 3 of regulation 18 of Annex I, exceptional case includes the cases identified by 26.1 of the Unified Interpretation referred to in 11.2.

11.4 Crude oil washing system operations and equipment manual

For the purposes of paragraph 1 of regulation 35 of Annex I, a crude oil washing system operations and equipment manual containing the information specified in the Annex to IMO Resolution MEPC.3(XII), as amended by MEPC.81(43), is satisfactory.

11.5 Oil content meters and oil discharge monitoring and control system — approved design (oil tankers)

For the purposes of paragraph 8.3 of regulation 18 and paragraphs 6 and 7 of regulation 14 of Annex I, the design of an oil content meter or oil filtering equipment will not be approved unless the design is in accordance with the applicable specifications in:

(a) the Annex to IMO Resolution A.393(X) for oil content meters and systems installed on board tankers built before 2 October 1986; or

(b) the Annex to IMO Resolution A.586(14) for oil content meters and systems installed on board tankers built on or after 2 October 1986 but before 1 January 2005; or

(c) the Annex to IMO Resolution MEPC 108(49) for oil content meters and systems installed on board tankers built on or after 1 January 2005.

11.6 Oil filtering equipment — approved design (machinery spaces — all ships)

For the purposes of paragraphs 6 and 7 of regulation 14 of Annex I, the design of oil filtering equipment will not be approved unless it is in accordance with the applicable specifications in:

(a) the Annex to IMO Resolution A.393(X) for equipment installed on board ships on or after 14 November 1978 but before 30 April 1994; or

(b) the Annex to IMO Resolution MEPC.60(33) for equipment installed on board ships on or after 30 April 1994 but before 1 January 2005; or

(c) the Annex to IMO Resolution MEPC.107(49) for equipment installed on board ships on or after 1 January 2005.

Note For guidance about upgrading the design of oil filtering equipment installed on board ships on or after 1 January 2005 — see the 2011 Guidelines and Specifications for Add-On Equipment for Upgrading Resolution MEPC.60(33) - Compliant Oil Filtering Equipment (IMO Resolution MEPC.205(62), Annex 24). They update the IMO adopted Revised Guidelines and Specifications for Pollution Prevention Equipment for Machinery Space Bilges of Ships (IMO Resolution MEPC.107(49), Annex 13).

11.7 Condition Assessment Scheme

For the purposes of the Condition Assessment Scheme in respect of an Australian registered ship:

(a) a reference to the Administration is to be read as a reference to the Manager, Ship Inspection and Registration; and

(b) a reference to a Recognised Organisation (RO) is to be read as a reference to a survey authority.

Schedule 1 Forms

AUSTRALIA

Form MO–91/1

Marine Order 91 (Marine pollution prevention — oil)

NOTICE OF ALTERATION OR DAMAGE TO AN AUSTRALIAN SHIP

To: *Manager, Ship Inspection and Registration

*Area Manager, Maritime Operations, ..............................

(*— delete which inapplicable)

PARTICULARS TO BE NOTIFIED

1. Name of ship.

2. Official number (if any).

3. Home port/port of registry.

4. Call sign.

5. Name of owner(s) or agent.

6. Address of principal place of business of owner or agent in Australia.

7. Date of issue and reference number of International Oil Pollution Prevention Certificate.

8. Description of nature and extent of alteration or damage to the ship (including date(s) on which the damage occurred and the date(s) on which repairs or alterations, as the case may be, were commenced and completed).

9. Name and address of person or corporation effecting alteration or repairs.

10. Reason(s) for, or cause(s) of, alteration or repairs.

11. Particulars of changes in the construction of the ship.

12. Additional information (if any) affecting the compliance of the ship with the provisions of Annex I (MARPOL).

…...............................................

(signature of master or owner)

........................................

(date)

AUSTRALIA

Form MO–91/2

Marine Order 91 (Marine pollution prevention —oil)

HARMFUL SUBSTANCES REPORT

(POLREP)

To: General Manager, Maritime Operations Division and

General Manager, Marine Environment Division and

General Manager, Emergency Response

through Rescue Coordination Centre (RCC) Australia

Telex 7162349

Telephone +61 (0)2 6230 6811

Freecall 1800 641 792 (within Australia)

Facsimile +61 (0)2 6230 6868

AFTN YSARYCYX

E-mail rccaus@amsa.gov.au

(Note: If any of the following items of the ship reporting format are inappropriate they should be omitted from the report. These items of the standard reporting format are referred to in IMO Resolution A.851(20)).

A. Name of ship, call sign and flag.

B. Date and time of event.

Note: (Note: Time must be expressed as Coordinated Universal Time (UTC))

C. Position: latitude and longitude; or

D. Position: true bearing and distance.

E. True course (as a three digit group).

F. Speed (in knots and tenths of a knot as a 3-digit group).

L. Route information — details of intended track.

M. Full details of radio stations and frequencies being guarded.

N. Time of next report.

Note: (Note: Time must be expressed as Coordinated Universal Time(UTC))

P. Types and quantities of cargo and bunkers on board.

Q. Brief details of defects, damage, deficiencies or other limitations. These must include the condition of the ship and the ability to transfer cargo, ballast or fuel.

R. Brief details of actual pollution. These should include the type of oil, an estimate of the quantity discharged, whether the discharge is continuing, the cause of the discharge and, if possible, an estimate of the movement of the slick.

S. Weather and sea condition, including wind force and direction and relevant tidal or current details.

T. Name, address, facsimile and telephone numbers of the ship's owner and representative (manager or operator of the ship, or their agents).

U. Details of length, breadth, tonnage and type of ship.

X. 1. Action being taken with regard to the discharge and to the movement of the ship.

2. Assistance or salvage efforts which have been requested or which have been provided by others.

3. The master of an assisting or salvaging ship should report the particulars of the action undertaken or planned.

Notes to Marine Order 91, issue 5 (Marine pollution prevention — oil)

Note 1

Note: Marine Order 91, issue 5 (Marine pollution prevention — oil) (in force under the Navigation Act 1912) as shown in this compilation comprises Marine Order 91, issue 5 (Marine pollution prevention — oil) amended as indicated in the following tables.

Note: > Note: Table of

Orders

Note: > Note: Table of amendments

<table cellspacing="0" cellpadding="0" style="border-collapse:collapse"><tbody><tr><td colspan="2" style="width:425.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmendHead" style="margin-right:0pt"><span>ad. = added or inserted</span><span> </span><span>am. = amended</span><span> </span><span>rep. = repealed</span><span> </span><span>rs. = repealed and substituted</span></p></td></tr><tr><td style="width:78.6pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableColHead"><span>Provision affected</span></p></td><td style="width:335.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableColHead"><span>How affected</span></p></td></tr><tr><td style="width:78.6pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-left:0pt; text-indent:0pt"><span>1A</span><span style="width:102.39pt; font-family:'Lucida Console', monospace; display:inline-block">..................</span></p></td><td style="width:335.85pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>ad. 2012/2</span></p></td></tr><tr><td style="width:78.6pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-left:0pt; text-indent:0pt"><span>1</span><span style="width:108.39pt; font-family:'Lucida Console', monospace; display:inline-block">...................</span></p></td><td style="width:335.85pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>am. 2012/2</span></p></td></tr><tr><td style="width:78.6pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-left:0pt; text-indent:0pt"><span>2</span><span style="width:108.39pt; font-family:'Lucida Console', monospace; display:inline-block">...................</span></p></td><td style="width:335.85pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-bottom:3pt"><span>am. 2012/2</span></p></td></tr><tr><td style="width:78.6pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-left:0pt; text-indent:0pt"><span>3</span><span style="width:108.39pt; font-family:'Lucida Console', monospace; display:inline-block">...................</span></p></td><td style="width:335.85pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-bottom:3pt"><span>am. 2012/2</span></p></td></tr><tr><td style="width:78.6pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-left:0pt; text-indent:0pt"><span>4</span><span style="width:108.39pt; font-family:'Lucida Console', monospace; display:inline-block">...................</span></p></td><td style="width:335.85pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-bottom:3pt"><span>am. 2012/2</span></p></td></tr><tr><td style="width:78.6pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-left:0pt; text-indent:0pt"><span>5</span><span style="width:108.39pt; font-family:'Lucida Console', monospace; display:inline-block">...................</span></p></td><td style="width:335.85pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-bottom:3pt"><span>rs. 2012/2</span></p></td></tr><tr><td style="width:78.6pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-left:0pt; text-indent:0pt"><span>5A</span><span style="width:102.39pt; font-family:'Lucida Console', monospace; display:inline-block">..................</span></p></td><td style="width:335.85pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-bottom:3pt"><span>ad. 2012/2</span></p></td></tr><tr><td style="width:78.6pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-left:0pt; text-indent:0pt"><span>6</span><span style="width:108.39pt; font-family:'Lucida Console', monospace; display:inline-block">...................</span></p></td><td style="width:335.85pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-bottom:3pt"><span>am. 2012/2</span></p></td></tr><tr><td style="width:78.6pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-left:0pt; text-indent:0pt"><span>7</span><span style="width:108.39pt; font-family:'Lucida Console', monospace; display:inline-block">...................</span></p></td><td style="width:335.85pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-bottom:3pt"><span>am. 2012/2</span></p></td></tr><tr><td style="width:78.6pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-left:0pt; text-indent:0pt"><span>8</span><span style="width:108.39pt; font-family:'Lucida Console', monospace; display:inline-block">...................</span></p></td><td style="width:335.85pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-bottom:3pt"><span>am. 2012/2</span></p></td></tr><tr><td style="width:78.6pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-left:0pt; text-indent:0pt"><span>9</span><span style="width:108.39pt; font-family:'Lucida Console', monospace; display:inline-block">...................</span></p></td><td style="width:335.85pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-bottom:3pt"><span>am. 2012/2</span></p></td></tr><tr><td style="width:78.6pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-left:0pt; text-indent:0pt"><span>10</span><span style="width:103.39pt; font-family:'Lucida Console', monospace; display:inline-block">...................</span></p></td><td style="width:335.85pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-bottom:3pt"><span>am. 2012/2</span></p></td></tr><tr><td style="width:78.6pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-left:0pt; text-indent:0pt"><span>11</span><span style="width:103.39pt; font-family:'Lucida Console', monospace; display:inline-block">...................</span></p></td><td style="width:335.85pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-bottom:3pt"><span>am. 2012/2</span></p></td></tr><tr><td style="width:78.6pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-left:0pt; text-indent:0pt"><span>Schedule 1</span><span style="width:68.36pt; font-family:'Lucida Console', monospace; display:inline-block">............</span></p></td><td style="width:335.85pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-bottom:3pt"><span>am. 2012/2</span></p></td></tr></tbody></table>