(a) gives effect to, whole or part of, Regulations 5, 6, 8, 9, 13, 14, 16 and 18 of Annex VI of MARPOL which deal with survey and certification, emission limits for nitrogen oxides (NOx) and sulphur oxides (SOx), shipboard incineration, fuel oil sampling and record keeping matters; and
(b) prescribes matters for the purposes of Division 12D of Part IV of the Navigation Act and Division 2 of Part IIID 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 267ZV of the Navigation Act provides that the regulations may make provision for and in relation to giving effect to Regulations 5, 6, 8, 9, 13 and 16 of Annex VI of MARPOL.
1.2.2 Subsection 33(1) of the Pollution Prevention Act provides for regulations to be made prescribing matters:
(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 Pollution Prevention Act, any other Act or any instrument made under any other 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 (other than the imposition of penalties) for or in relation to which provision may be made by regulation.
2 Definitions of words and phrases used in this Part
anniversary date, in relation to an IAPP Certificate, means the day and month of each year which corresponds to the date of expiry of the certificate.
Annex VI means Annex VI of MARPOL.
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.
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 Annex VI, being a date not earlier than the date on which the survey for the issue of the certificate was completed,
whichever is the earlier.
IAPP Certificate means:
(a) an air pollution prevention certificate issued under section 267ZW of the Navigation Act; or
(b) an International Air Pollution Prevention Certificate issued under 267ZX of the Navigation Act.
Note AMSA has approved the form of certificate set out in Appendix 1 to Annex VI as:
Note: (a) the air pollution prevention certificate for the purposes of s.267ZW of the Navigation Act; and
Note: (b) the International Air Pollution Prevention Certificate, for the purposes of s.267ZX of the Navigation Act.
North American area means the North American Emission Control Area as defined in Appendix VII to Annex VI.
NOx Technical Code has the same meaning as in Annex VI.
Note Some expressions used in this Part are defined in Marine Order 1, issue 2 including:
AMSA
General Manager
IMO
Manager, Ship Inspection and Registration
MARPOL
Navigation Act
penal provision
survey authority.
3 Interpretation
3.1 A reference in the NOx Technical Code to the Administration is to be taken to mean, in relation to a ship registered in Australia, the Manager, Ship Inspection and Registration, or a survey authority.
Note Information on obtaining copies of IMO Resolutions or other documents referred to in this Part is available from AMSA.
4 Application
4.1 Subject to subsection 33(2) of the Pollution Prevention Act and subsection 267ZU(2) of the Navigation Act, this Part applies to and in relation to a ship:
(a) to which Annex VI is expressed to apply; or
(b) that is government owned or operated and used, for the time being, on non-commercial service.
4.2 Provisions 7 and 8 of this Part do not apply to a ship that is not an Australian ship, except to the extent necessary to enable the issue of an IAPP Certificate under 267ZX of the Navigation Act.
5 Equivalents
5.1 This provision applies if:
(a) a provision of this Part, or Annex VI, requires:
(i) fitting in a ship of a particular fitting, material, appliance or apparatus (the required thing); or
(ii) use of a particular procedure, fuel oil or compliance method (the required usage); and
(b) an alternative to the required thing or required usage (an equivalent) is available that:
(i) could be fitted in a ship, or used, instead of the required thing or required usage; and
(ii) may be at least as effective if fitted in the ship, or used, as the required thing or required usage; and
(c) the owner or operator of a ship wants to fit in the ship, or use, the equivalent.
5.2 The owner or operator may apply, in accordance with the application process set out in Marine Order 1, issue 2 for approval for an equivalent to be fitted or used.
5.3 The decision maker for an application made under provision 5.2 is the Manager, Ship Inspection and Registration.
Note Marine Order 1, issue 2 deals with the following:
Note: making of an application
Note: seeking further information about an application
Note: the time allowed for consideration of an application
Note: notification of a decision on an application
Note: review of decisions
7 Surveys
[MARPOL VI-5]
7.1 Survey requirements
Every ship of 400 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 IAPP Certificate is issued for the first time;
(b) subject to provisions 8.2, 8.3.3, 8.3.4 and 8.3.5, a renewal survey at intervals not exceeding 5 years after the completion of the initial survey;
(c) an intermediate survey within 3 months before or after the second anniversary date or within 3 months before or after the third anniversary date of the IAPP 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 IAPP Certificate; and
(e) additional surveys, as occasion arises.
7.2 Initial survey
The initial survey must include a complete survey of its equipment, systems, fittings, arrangements and material in so far as such is required by, or provided for the purposes of, Annex VI. This survey must be such as to ensure that the equipment, systems, fittings, arrangements and material fully comply with the applicable requirements of Annex VI.
7.3 Renewal surveys
Each renewal survey must be such as to ensure that the equipment, systems, fittings, arrangements and material fully comply with the applicable requirements of Annex VI.
7.4 Intermediate surveys
Each intermediate survey must be such as to ensure that the equipment and arrangements fully comply with the applicable requirements of Annex VI and are in good working order.
7.5 Annual surveys
Each annual survey must include a general inspection of the equipment, systems, fittings, arrangements and material referred to in 7.2 to ensure that they have been maintained in accordance with 7.9.
7.6 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 7.9.3, 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 VI.
7.7 Endorsement of certificates
The intermediate and annual surveys must be endorsed on the IAPP Certificate.
7.8 Emission of nitrogen oxides from engines
Engines and equipment will be regarded as complying with Regulation 13 of Annex VI if they are surveyed in accordance with the NOx Technical Code and an Engine International Air Pollution Prevention Certificate is issued by the Manager, Ship Inspection and Registration, or a survey authority.
Note See also IMO Resolution MEPC.103(49): Guidelines for on-board NOx verification procedure – direct measurement and monitoring method.
7.9 Maintenance of condition
7.9.1 The condition of the equipment of a ship must be maintained to conform with the provisions of Annex VI.
7.9.2 After any survey of a ship has been completed, no change is to be made in the 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.
7.9.3 Whenever an accident occurs to a ship or a defect is discovered which substantially affects the efficiency or completeness of its equipment covered by Annex VI, the master or, if the master is unable to do so, the operator 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 7.6 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: 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 the ship is at a port in Australia, the report should be made through a surveyor at the nearest AMSA office. Contact details for the nearest AMSA office can be found at www.amsa.gov.au
Note: If the ship is in a port outside Australia, the master must, in addition to reporting to the Manager, Ship Inspection and Registration, report the happening to the appropriate authority of the country in which the port is situated.
8 Certificates
[MARPOL VI-9]
Note Under section 421 of the Navigation Act, AMSA has directed that section 267ZZC of that Act does not apply to Australian registered ships of 400 gross tonnage and above, other than a ship engaged on an overseas voyage, until 10 May 2009.
8.1 Duration of certificates
An IAPP 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 8.2; or
(c) for such lesser period as the certificate specifies,
unless ceasing to have effect at an earlier date in accordance with section 267ZZ or section 267ZZB of the Navigation Act.
8.2 Commencement of renewal period
If an existing IAPP Certificate is being renewed, the period in 8.1 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.
8.3 Extension of validity
8.3.1 If an IAPP 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.
8.3.2 If a renewal survey has been completed and a new IAPP 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.
8.3.3 If an Australian ship at the time when an IAPP 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.
8.3.4 An IAPP certificate that has been issued to a ship engaged on short voyages, and that has not been extended under 8.3.1 or 8.3.3, 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.
8.3.5 In special circumstances, as determined by the Manager, Ship Inspection and Registration, a new IAPP Certificate need not be dated from the date of expiry of the existing certificate as required by 8.2, 8.3.3 or 8.3.4. 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.
8.4 Surveys completed before certificate expiry
If an annual or intermediate survey is completed before the period specified in 7, then:
(a) the anniversary date shown on the certificate is to be amended by endorsement to a date which must not be more than 3 months later than the date on which the survey was completed;
(b) the subsequent annual, intermediate or periodical survey required by provision 8 must be completed at the intervals specified in 7 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 7 are not exceeded.
8.5 Certificate ceasing to be valid
An IAPP 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 7; or
(b) if the certificate is not endorsed in accordance with 7.7; or
(c) the ship to which it refers ceases to be registered in Australia.
Note A new certificate is required for a ship transferring to the Australian flag and 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 VI. Section 267ZZB of the Navigation Act provides that a certificate ceases to have effect if the ship ceases to be an Australian ship.
9 Nitrogen oxides
[MARPOL VI-13]
9.1 Scope
Provisions 9.2 and 9.3 apply to the operation of a marine diesel engine to which:
(a) Annex VI, regulation 13, applies; and
(b) provision 9.4, 9.5 or 9.6 does not apply.
9.2 General rule about emission levels
9.2.1 A person may operate a marine diesel engine installed on a ship of a kind mentioned in the following table only if the total weighted emissions of nitrogen oxides from the engine is within the limits mentioned in the table for the item.
<table cellspacing="0" cellpadding="0" style="border-collapse:collapse"><thead><tr><td style="width:24.6pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="LDClause" style="margin-left:0pt; text-indent:0pt; font-size:11pt"><span style="font-family:Arial, sans-serif; font-weight:bold">Item</span></p></td><td style="width:103.2pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="LDClause" style="margin-left:0pt; text-indent:0pt; font-size:11pt"><span style="font-family:Arial, sans-serif; font-weight:bold">Kind of ship</span></p></td><td style="width:275.85pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="LDClause" style="margin-left:0pt; text-indent:0pt; font-size:11pt"><span style="font-family:Arial, sans-serif; font-weight:bold">Limits of emissions</span></p></td></tr></thead><tbody><tr><td style="width:24.6pt; border-top:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="LDTabletext"><span style="font-family:'Times New Roman', serif">1</span></p></td><td style="width:103.2pt; border-top:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="LDTabletext"><span style="font-family:'Times New Roman', serif">Ship constructed after 31</span><span style="font-family:'Times New Roman', serif"> </span><span style="font-family:'Times New Roman', serif">December 1999 and before 1</span><span style="font-family:'Times New Roman', serif"> </span><span style="font-family:'Times New Roman', serif">January 2011</span></p></td><td style="width:275.85pt; border-top:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="LDschedP1a" style="margin-bottom:6pt"><span style="font-family:'Times New Roman', serif">(a)</span><span style="width:6.88pt; text-indent:0pt; font-family:'Times New Roman', serif; display:inline-block"> </span><span style="font-family:'Times New Roman', serif">for </span><span style="font-family:'Times New Roman', serif; font-style:italic">n</span><span style="font-family:'Times New Roman', serif"> < 130 rpm</span><span style="font-family:'Times New Roman', serif"> </span><span style="font-family:'Times New Roman', serif">— 17.0</span><span style="font-family:'Times New Roman', serif"> </span><span style="font-family:'Times New Roman', serif">g per kWh;</span></p><p class="LDschedP1a" style="margin-top:6pt; margin-bottom:6pt"><span style="font-family:'Times New Roman', serif">(b)</span><span style="width:6.21pt; text-indent:0pt; font-family:'Times New Roman', serif; display:inline-block"> </span><span style="font-family:'Times New Roman', serif">for 2</span><span style="font-family:'Times New Roman', serif"> </span><span style="font-family:'Times New Roman', serif">000 rpm ></span><span style="font-family:'Times New Roman', serif; font-style:italic"> n</span><span style="font-family:'Times New Roman', serif"> ≥130 rpm</span><span style="font-family:'Times New Roman', serif"> </span><span style="font-family:'Times New Roman', serif">— 45.0 × </span><span style="font-family:'Times New Roman', serif; font-style:italic">n</span><span style="font-family:'Times New Roman', serif; font-size:8pt; vertical-align:super">(-0.2)</span><span style="font-family:'Times New Roman', serif"> </span><span style="font-family:'Times New Roman', serif">g per kWh;</span></p><p class="LDschedP1a" style="margin-top:6pt"><span style="font-family:'Times New Roman', serif">(c)</span><span style="width:6.88pt; text-indent:0pt; font-family:'Times New Roman', serif; display:inline-block"> </span><span style="font-family:'Times New Roman', serif">for </span><span style="font-family:'Times New Roman', serif; font-style:italic">n</span><span style="font-family:'Times New Roman', serif"> ≥ 2</span><span style="font-family:'Times New Roman', serif"> </span><span style="font-family:'Times New Roman', serif">000</span><span style="font-family:'Times New Roman', serif"> </span><span style="font-family:'Times New Roman', serif">— 9.8</span><span style="font-family:'Times New Roman', serif"> </span><span style="font-family:'Times New Roman', serif">g per kWh</span></p></td></tr><tr><td colspan="3" style="width:425.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="LDNote"><span style="font-family:'Times New Roman', serif; font-style:italic">Note</span><span style="font-family:'Times New Roman', serif; font-style:italic"> </span><span style="font-family:'Times New Roman', serif"></span><span style="font-family:'Times New Roman', serif"></span><span style="font-family:'Times New Roman', serif">Item 1 reflects requirements called Tier 1 requirements in MARPOL, Annex VI, r</span><span style="font-family:'Times New Roman', serif"> </span><span style="font-family:'Times New Roman', serif">13.</span></p></td></tr><tr><td style="width:24.6pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="LDTabletext"><span style="font-family:'Times New Roman', serif">2</span></p></td><td style="width:103.2pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="LDTabletext"><span style="font-family:'Times New Roman', serif">Ship constructed after 31</span><span style="font-family:'Times New Roman', serif"> </span><span style="font-family:'Times New Roman', serif">December 2010 other than a ship to which item 3 applies</span></p></td><td style="width:275.85pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="LDschedP1a" style="margin-bottom:6pt"><span style="font-family:'Times New Roman', serif">(a)</span><span style="width:6.88pt; text-indent:0pt; font-family:'Times New Roman', serif; display:inline-block"> </span><span style="font-family:'Times New Roman', serif">for </span><span style="font-family:'Times New Roman', serif; font-style:italic">n</span><span style="font-family:'Times New Roman', serif"> < 130 rpm</span><span style="font-family:'Times New Roman', serif"> </span><span style="font-family:'Times New Roman', serif">— 14.4</span><span style="font-family:'Times New Roman', serif"> </span><span style="font-family:'Times New Roman', serif">g per kWh;</span></p><p class="LDschedP1a" style="margin-top:6pt; margin-bottom:6pt"><span style="font-family:'Times New Roman', serif">(b)</span><span style="width:6.21pt; text-indent:0pt; font-family:'Times New Roman', serif; display:inline-block"> </span><span style="font-family:'Times New Roman', serif">for 2</span><span style="font-family:'Times New Roman', serif"> </span><span style="font-family:'Times New Roman', serif">000 rpm ></span><span style="font-family:'Times New Roman', serif; font-style:italic"> n</span><span style="font-family:'Times New Roman', serif"> ≥130 rpm</span><span style="font-family:'Times New Roman', serif"> </span><span style="font-family:'Times New Roman', serif">— 44.0 × </span><span style="font-family:'Times New Roman', serif; font-style:italic">n</span><span style="font-family:'Times New Roman', serif; font-size:8pt; vertical-align:super">(-0.23)</span><span style="font-family:'Times New Roman', serif"> </span><span style="font-family:'Times New Roman', serif">g per kWh;</span></p><p class="LDschedP1a" style="margin-top:6pt"><span style="font-family:'Times New Roman', serif">(c)</span><span style="width:6.88pt; text-indent:0pt; font-family:'Times New Roman', serif; display:inline-block"> </span><span style="font-family:'Times New Roman', serif">for </span><span style="font-family:'Times New Roman', serif; font-style:italic">n</span><span style="font-family:'Times New Roman', serif"> ≥ 2</span><span style="font-family:'Times New Roman', serif"> </span><span style="font-family:'Times New Roman', serif">000</span><span style="font-family:'Times New Roman', serif"> </span><span style="font-family:'Times New Roman', serif">— 7.7</span><span style="font-family:'Times New Roman', serif"> </span><span style="font-family:'Times New Roman', serif">g per kWh</span></p></td></tr><tr><td colspan="3" style="width:425.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="LDNote"><span style="font-family:'Times New Roman', serif; font-style:italic">Note</span><span style="font-family:'Times New Roman', serif"> </span><span style="font-family:'Times New Roman', serif"></span><span style="font-family:'Times New Roman', serif"></span><span style="font-family:'Times New Roman', serif">Item 2 reflects requirements called Tier 2 requirements in MARPOL, Annex VI, r</span><span style="font-family:'Times New Roman', serif"> </span><span style="font-family:'Times New Roman', serif">13.</span></p></td></tr><tr><td style="width:24.6pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="LDTabletext" style="page-break-after:avoid"><span style="font-family:'Times New Roman', serif">3</span></p></td><td style="width:103.2pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="LDTabletext" style="page-break-after:avoid"><span style="font-family:'Times New Roman', serif">Ship constructed after 31</span><span style="font-family:'Times New Roman', serif"> </span><span style="font-family:'Times New Roman', serif">December 2015 that is within an emission control area</span></p></td><td style="width:275.85pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="LDschedP1a" style="margin-bottom:6pt; page-break-after:avoid"><span style="font-family:'Times New Roman', serif">(a)</span><span style="width:6.88pt; text-indent:0pt; font-family:'Times New Roman', serif; display:inline-block"> </span><span style="font-family:'Times New Roman', serif">for </span><span style="font-family:'Times New Roman', serif; font-style:italic">n</span><span style="font-family:'Times New Roman', serif"> < 130 rpm</span><span style="font-family:'Times New Roman', serif"> </span><span style="font-family:'Times New Roman', serif">— 3.4</span><span style="font-family:'Times New Roman', serif"> </span><span style="font-family:'Times New Roman', serif">g per kWh;</span></p><p class="LDschedP1a" style="margin-top:6pt; margin-bottom:6pt; page-break-after:avoid"><span style="font-family:'Times New Roman', serif">(b)</span><span style="width:6.21pt; text-indent:0pt; font-family:'Times New Roman', serif; display:inline-block"> </span><span style="font-family:'Times New Roman', serif">for 2</span><span style="font-family:'Times New Roman', serif"> </span><span style="font-family:'Times New Roman', serif">000 rpm ></span><span style="font-family:'Times New Roman', serif; font-style:italic"> n</span><span style="font-family:'Times New Roman', serif"> ≥130 rpm</span><span style="font-family:'Times New Roman', serif"> </span><span style="font-family:'Times New Roman', serif">— 9.0 × </span><span style="font-family:'Times New Roman', serif; font-style:italic">n</span><span style="font-family:'Times New Roman', serif; font-size:8pt; vertical-align:super">(-0.2)</span><span style="font-family:'Times New Roman', serif"> </span><span style="font-family:'Times New Roman', serif">g per kWh;</span></p><p class="LDschedP1a" style="margin-top:6pt; page-break-after:avoid"><span style="font-family:'Times New Roman', serif">(c)</span><span style="width:6.88pt; text-indent:0pt; font-family:'Times New Roman', serif; display:inline-block"> </span><span style="font-family:'Times New Roman', serif">for </span><span style="font-family:'Times New Roman', serif; font-style:italic">n</span><span style="font-family:'Times New Roman', serif"> ≥ 2</span><span style="font-family:'Times New Roman', serif"> </span><span style="font-family:'Times New Roman', serif">000</span><span style="font-family:'Times New Roman', serif"> </span><span style="font-family:'Times New Roman', serif">— 2.0</span><span style="font-family:'Times New Roman', serif"> </span><span style="font-family:'Times New Roman', serif">g per kWh</span></p></td></tr><tr><td colspan="3" style="width:425.25pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="LDNote" style="page-break-after:avoid"><span style="font-family:'Times New Roman', serif; font-style:italic">Note</span><span style="font-family:'Times New Roman', serif"> </span><span style="font-family:'Times New Roman', serif"></span><span style="font-family:'Times New Roman', serif"></span><span style="font-family:'Times New Roman', serif">Item 3 reflects requirements called Tier 3 requirements in MARPOL, Annex VI, r</span><span style="font-family:'Times New Roman', serif"> </span><span style="font-family:'Times New Roman', serif">13.</span></p></td></tr></tbody></table>
This is a penal provision.
9.2.2 In provision 9.2.1:
emission control area means the North American area.
n, for a marine diesel engine, is the rated engine speed (in crankshaft revolutions per minute).
9.3 Large engines installed on ships constructed after 31 December 1989 and before 1 January 2000
9.3.1 Provision 9.3.2 applies to a marine diesel engine:
(a) with a power output of more than 5 000 kilowatts; and
(b) with a displacement of at least 90 litres per cylinder; and
(c) installed on a ship constructed after 31 December 1989 and before 1 January 2000.
9.3.2 A person may operate the marine diesel engine only if the total weighted emissions of nitrogen oxides from the engine is within the following limits:
(a) for n < 130 rpm — 17.0 g per kWh;
(b) for 2 000 rpm > n ≥130 rpm — 45.0 × n(-0.2) g per kWh;
(c) for n ≥ 2 000 — 9.8 g per kWh.
This is a penal provision.
9.3.3 In provision 9.3.2:
n, for a marine diesel engine, is the rated engine speed (in crankshaft revolutions per minute).
9.3.4 Provision 9.3.2 does not apply to a marine diesel engine installed on a ship if:
(a) no method of modifying the engine in accordance with the NOx Technical Code has been approved by a country to which Annex VI applies and notified to IMO; or
(b) both:
(i) a method of modifying the engine in accordance with the NOx Technical Code has been approved by a country to which Annex VI applies and notified to IMO; and
(ii) either:
(A) the ship has not been required to undergo a renewal survey within 12 months after the day of the notification; or
(B) the Manager, Ship Inspection and Registration has certified that a method of modifying the engine is not commercially available.
Note Information on methods of modifying engines that have been approved by IMO is obtainable from AMSA.
9.4 Engines in certain ships not undertaking overseas voyages — general rule does not apply
9.4.1 Item 1 in the table in provision 9.2.1 and provision 9.3.2 do not apply to a marine diesel engine installed in an Australian ship that:
(a) was constructed or underwent a major conversion (within the meaning of paragraph 2.1 of regulation 13 in Annex VI) before 10 November 2007; and
(b) does not undertake overseas voyages.
Note for paragraph (a) Annex VI entered into force for Australia on 10 November 2007.
9.4.2 Item 2 in the table in provision 9.2.1 and provision 9.3.2 do not apply to a marine diesel engine installed in an Australian ship that:
(a) was constructed or underwent a major conversion (within the meaning of regulation 2.1 in Annex VI) before 1 January 2011; and
(b) does not undertake overseas voyages.
9.5 Exhaust gas cleaning system — general rule does not apply
9.5.1 Provisions 9.2.1 and 9.3.1 do not apply to a marine diesel engine if an exhaust gas cleaning system approved by the Manager, Ship Inspection and Registration in accordance with the NOx Technical Code, is operating on the ship to reduce onboard emissions of nitrogen oxides at least to the limit mentioned for the engine in those provisions.
9.6 Other circumstances in which general rule does not apply
9.6.1 Provisions 9.2 and 9.3 do not apply to a marine diesel engine having an emission of nitrogen oxides exceeding the limit mentioned for the engine in those provisions if the excess emission:
(a) is necessary for securing the safety of a ship or saving life at sea; or
(b) is a result of unintentional damage to the ship or its equipment, and all reasonable precautions have been taken after the occurrence of the damage or the discovery of the emission, to prevent or minimise the emission.
9.6.2 For paragraph 9.6.1 (b), damage to a ship or its equipment is not unintentional if:
(a) the master or owner of the ship acted:
(i) with intent to cause the damage; or
(ii) recklessly and with knowledge that the damage would probably result; or
(b) the damage was a result of the negligence of the master or owner of the ship.
10 Shipboard incineration
[MARPOL VI-16]
10.1 Subject to 10.3 to 10.5 inclusive, a person must not incinerate any matter on board a ship except in a shipboard incinerator which, if installed on board the ship on or after 1 January 2000, must comply with 10.2.
This is a penal provision.
10.2 A shipboard incinerator installed on board a ship on or after 1 January 2000 must:
(a) be of a type in respect of which an IMO type approval certificate has been issued certifying that the incinerator complies with Appendix IV of Annex VI of MARPOL; and
(b) be approved by the Manager, Ship Inspection and Registration, or a survey authority as complying with IMO Resolution MEPC.76(40), as amended by MEPC.93(45).
10.3 A shipboard incinerator installed before 10 November 2007 in an Australian ship that does not undertake overseas voyages need not comply with 10.2.
10.4 A person must not incinerate any of the following substances on board ship at any time:
(a) residues of cargoes to which Annex I, II and III of MARPOL apply, including related contaminated packing materials;
(b) polychlorinated biphenyls (PCBs);
(c) garbage, as defined in Annex V of MARPOL, containing more than traces of heavy metals; and
10.5 Incineration of sewage sludge and sludge oil generated during the normal operation of a ship may also take place in the main or auxiliary power plant or boilers, except when the ship is inside a port, harbour or estuary.
10.6 A person must not incinerate polyvinyl chlorides (PVCs) except in a shipboard incinerator complying with 10.2(a).
This is a penal provision.
10.7 The operator of a ship with a shipboard incinerator complying with 10.2(a) must ensure that there is provided on the ship a copy of the manufacturer’s operating manual.
This is a penal provision.
10.8 The operator of a ship with a shipboard incinerator complying with 10.2(a) must ensure that personnel responsible for operating the incinerator are suitably trained and capable of implementing the guidance provided in the manufacturer’s operating manual.
This is a penal provision.
10.9 The master of a ship with a shipboard incinerator complying with 10.2(a) must ensure that the combustion flue gas outlet temperature is monitored at all times.
This is a penal provision.
10.10 A person must not feed waste into a continuous-feed shipboard incinerator when the temperature is below 850°C.
This is a penal provision.
11 Matters prescribed for the purposes of the Navigation Act
11.1 Report of damage etc. to ship
For the purposes of paragraph 267ZY(1)(c) of the Navigation Act, notice of a happening must be given by sending Form MO — 97/1 in Schedule 1 to:
(a) the Manager, Ship Inspection and Registration; or
(b) an Area Manager.
11.2 Cancellation of certificates and directions in relation to foreign ships
11.2.1 For the purposes of subsections 267ZZ(3) and 267ZZ(5) and 267ZZF(2) 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.
11.2.2 For the purposes of subsections 267ZZ(3) and 267ZZ(5) and 267ZZF(2) 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.
11.2.3 For the purposes of subsections 267ZZ(3) and 267ZZ(5) 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.
12 Matters prescribed for the purposes of the Pollution Prevention Act
12.1 Sulphur content of fuel oil — prescribed limits generally
12.1.1 For paragraphs 26FEG(1)(b) and (2)(a) of the Pollution Prevention Act, the following limits are prescribed for the sulphur content of fuel oil mentioned in those paragraphs:
(a) before 1 January 2012— 4.50% m/m;
(b) after 31 December 2011 and before 1 January 2020 — 3.50% m/m;
(c) after 31 December 2019 — 0.50% m/m.
12.1.2 For subparagraphs 26FEG(5)(b)(i) and (6)(b)(i) of the Pollution Prevention Act, the Manager, Ship Inspection and Registration is a prescribed officer.
12.2 Sulphur content for fuel oil — prescribed limits for Australian ships in emission control area
12.2.1 For paragraph 26FEH (4)(a) of the Pollution Prevention Act, the following limits are prescribed for the sulphur content of fuel oil mentioned in that paragraph:
(a) before 1 January 2015 — 1.00% m/m;
(b) after 31 December 2014 — 0.10% m/m.
Note emission control area is an expression used in Annex VI and so, because of s 26FEF (2) of the Pollution Prevention Act, has the same meaning in this Order as in Annex VI. (Annex VI incorporates definitions set out elsewhere in MARPOL.) Details of emission control areas (as at 1 September 2011) are shown in the following table.
Name of area
Meaning
Defining provision in MARPOL
Baltic Sea area
The Baltic Sea proper with the Gulf of Bothnia and the Gulf of Finland and the entrance to the Baltic Sea bounded by the parallel of the Skaw in the Skagerrak at 57 44´.8 N
Annex I, r 1.11.2
North American area
[Too lengthy to reproduce here]
Annex VI, Appendix VII
North Sea area
The North Sea proper including the seas within, with the following boundaries:(a) the North Sea south of latitude 62 N and east of longitude 4 W;(b) the Skagerrak, the southern limit of which is determined east of the Skaw by latitude 57 44´.8 N;(c) the English Channel and its approaches east of longitude 5 W and north of latitude 48 30´N
Annex V, r 5 (1)(f)
12.2.2 For subparagraphs 26FEH(4)(b)(i) and (9)(b)(i) of the Pollution Prevention Act, the Manager, Ship Inspection and Registration is a prescribed officer.
Note When determining whether to approve an exhaust gas cleaning system, or other technological method under subparagraph 26FEH(4)(b)(i) of the Pollution Prevention Act, the Manager, Ship Inspection and Registration will have regard to IMO Resolution MEPC.170(57): Guidelines for exhaust gas-SOx cleaning systems.
12.2.3 For subparagraph 26FEH(4)(b)(ii) of the Pollution Prevention Act, a waste stream may be discharged into an enclosed port, harbour or estuary only if it is documented by the ship that the waste stream has no adverse impact on the ecosystem of the enclosed port, harbour or estuary.
Note Criteria for individual ports, harbours and estuaries will be developed by port authorities and circulated by IMO. Copies of any criteria can be obtained from AMSA.
12.3 Flushing fuel oil service systems
For paragraph 26FEI(1)(d) of the Pollution Prevention Act, the following limits are prescribed for the sulphur content of fuel oil mentioned in that paragraph:
(a) before 1 January 2015 — 1.00% m/m;
(b) after 31 December 2014 — 0.10% m/m.
12.4 Record of prescribed fuel-changeover operation
12.4.1 For the purposes of paragraphs 26FEJ(1)(a) and 26FEJ(3)(a) of the Pollution Prevention Act, the following are prescribed record books:
(a) in relation to any ship over 400 GT or an oil tanker over 150GT — the ship’s oil record book (Part 1) or the official log book;
(b) in relation to any other ship — the official log book.
12.4.2 For the purposes of paragraph 26FEJ(1)(a) of the Pollution Prevention Act, an entry is to be made once it has been established that only fuel oil with a sulphur content of less than 1.5% m/m is being burned and must include:
(a) the volume of low-sulphur fuel oils (less than or equal to 1.5% sulphur content) in each tank; and
(b) the date, time and position of the ship when any fuel changeover operation is completed.
12.4.3 For the purposes of paragraph 26FEJ(1)(a) of the Pollution Prevention Act, a prescribed fuel-changeover operation is any fuel changeover operation carried out prior to entering a Sulphur Oxides (SOx) emission control area listed in Regulation 14(3)(a) of Annex VI or designated by IMO in accordance with Regulation 14(3)(b) of Annex VI.
12.4.4 For the purposes of paragraph 26FEJ(1)(b) of the Pollution Prevention Act, the prescribed period is 3 years after the last entry has been made.
12.5 Register of Local Suppliers of Fuel Oil
12.5.1 For the purposes of paragraph 26FEM(3)(a) of the Pollution Prevention Act, AMSA is to:
(a) establish the Register of Local Suppliers of Fuel Oil based on information provided in the Local Fuel Suppliers’ Initial Declarations referred to in 12.5.2; and
(b) maintain the Register of Local Suppliers of Fuel Oil based on information provided in the Local Fuel Suppliers’ Annual Declarations referred to in 12.5.3;
and enter in the Register the details provided in those declarations.
12.5.2 For the purposes of subparagraph 26FEM(3)(b)(i) of the Pollution Prevention Act, a person seeking registration as a local supplier of fuel oil must complete the Local Fuel Oil Suppliers Initial Declaration—Form 97/2 in Schedule 1 —and forward the completed form to the address provided. If any changes occur to information provided in the Initial Declaration, it must be re-submitted with the new information.
12.5.3 For the purposes of subparagraph 26FEM(3)(b)(ii) of the Pollution Prevention Act, a person registered as a local supplier of fuel oil must complete the Local Fuel Oil Suppliers’ Annual Declaration—Form 97/3 in Schedule 1 —in June or July each year and forward the completed form to the address provided. Any changes to information previously provided in the Local Fuel Oil Suppliers Initial Declaration should be included in the Annual Declaration.
12.6 Bunker delivery note and sample
12.6.1 For the purposes of paragraph 26FEO(1)(d) of the Pollution Prevention Act, a completed bunker delivery note is provided in accordance with the regulations if it is provided to the master or the officer in charge of the bunker operation on completion of bunkering operations.
Note AMSA has approved the Bunker Delivery Note set out in Appendix V to Annex VI as the approved form.
12.6.2 For the purposes of paragraph 26FEO(2)(d) of the Pollution Prevention Act, a representative sample is provided in accordance with the regulations if it is provided to the master or the officer in charge of the bunker operations on completion of bunkering operations.
12.6.3 For the purposes of paragraph 26FEO(2)(d) of the Pollution Prevention Act, a representative sample is signed and sealed in accordance with the regulations if it is signed and sealed by the supplier’s representative and the master or officer in charge of the bunker operation on completion of bunkering operations.
12.7 Fuel oil sample retention
For the purposes of paragraph 26FER(1)(d) of the Pollution Prevention Act, a sample of fuel oil is to be retained until the fuel oil is substantially consumed, but in any case for a period of not less than 12 months from the time of delivery:
(a) on board the ship; or
(b) at a shore based location, such as a port office or other similar facility, where the samples can be readily accessed.
12.8 Ozone depleting substances record book
12.8.1 For paragraph 26FET(3)(a) of the Pollution Prevention Act, an ozone depleting substances record book must be:
(a) part of an existing log-book; or
(b) an electronic recording system approved by the Manager, Ship Inspection and Registration.
12.8.2 For subsections 26FET(3), (7) and (8) of the Pollution Prevention Act, each entry and page in an electronic recording system mentioned in paragraph 12.8.1(b) is taken to have been signed by the master of the ship.
12.8.3 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;
(c) discharge of ozone depleting substances to the atmosphere:
(i) deliberately; and
(ii) not deliberately;
(d) discharge of ozone depleting substances to land-based reception facilities; and
(e) supply of ozone depleting substances to the ship.
12.8.4 For paragraphs 26FEV(4) and (5) of the Pollution Prevention Act, the Manager, Ship Inspection and Registration is a prescribed officer.
Schedule 1 Forms
AUSTRALIA
Form MO — 97/1
Marine Orders, Part 97 (Marine Pollution Prevention — Air Pollution)
NOTICE OF ALTERATION OR DAMAGE TO AN AUSTRALIAN SHIP
Address of principal place of business of owner or agent in Australia.
Date of issue and reference number of International Air Pollution Prevention Certificate.
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).
Name and address of person or corporation effecting alteration or repairs.
Reason(s) for, or cause(s) of, alteration or repairs.
Particulars of changes in the construction of the ship.
Additional information (if any) affecting the compliance of the ship with the provisions of Annex VI (MARPOL).
…...............................................
(signature of master or owner)
........................................
(date)
Form MO—97/2
Marine Orders, Part 97 (Marine Pollution Prevention — Air Pollution)
Local Fuel Oil Suppliers* Initial Declaration
Please complete this form and return by mail or fax to:
Name & Position: ___________________________________________
* The Local Fuel Oil Supplier is the person or company responsible for delivering the bunkers to the ship or installation by barge, offshore supply vessel, road tanker or direct from shore.
** The Fuel Oil Supplier is the person responsible for the final blend of fuel delivered to the ship. In some cases the Fuel Oil Supplier will also deliver the fuel to the ship, taking on the additional responsibilities and obligations of the Local Fuel Oil Supplier.
Form MO—97/3
Marine Orders, Part 97 (Marine Pollution Prevention — Air Pollution)
Local Fuel Oil Suppliers* Annual Declaration
Please complete this form to verify the information held by the Australian Maritime Safety Authority’s Local Fuel Oil Suppliers Register and return by mail or fax (by 1 month after date of dispatch) to:
Name & Position: ___________________________________________
* The Local Fuel Oil Supplier is the person or company responsible for delivering the bunkers to the ship or installation by barge, offshore supply vessel, road tanker or direct from shore.
** The Fuel Oil Supplier is the person responsible for the final blend of fuel delivered to the ship. In some cases the Fuel Oil Supplier will also deliver the fuel to the ship, taking on the additional responsibilities and obligations of the Local Fuel Oil Supplier.
Notes to the Marine Orders Part 97, issue 1
Note 1
Note: Marine Orders Part 97, issue 1 (MO 2007/7) (in force under the Navigation Act 1912) as shown in this compilation comprise Marine Orders Part 97, issue 1 amended as indicated in the following tables.
Note: > Note: Table of
Orders
Year and number
Registration date
FRLI number
Commencement date
Application, saving or transitional provisions
Marine Orders Part 97, issue 1 (MO 2007/7)
30 October 2007
F2007L04250
10 November 2007
_
Marine Orders Part 97 Amendment (No. 1) (MO 2011/6)
26 August 2011
F2011L01754
sections 1 to 3 and Schedules 1 and 2 — 1 September 2011;Schedule 3 — 7 October 2011