Marine Order 95 (Marine pollution prevention

Marine Order 95 (Marine pollution prevention - garbage) 2013

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AMSA MO 2013/1
Marine Order 95 (Marine pollution prevention — garbage) 2013
I, Mick Kinley, Acting Chief Executive Officer of the Australian Maritime Safety Authority, make this Order under subsection 34(1) of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.
15 January 2013
Mick Kinley
Acting Chief Executive Officer

Division 1               General............................................................................................. 2
1               Name of Order............................................................................................... 2
2               Commencement............................................................................................. 2
3               Repeal of Marine Orders Part 95, issue 4......................................................... 2
4               Purpose......................................................................................................... 2
5               Power............................................................................................................ 2
6               Definitions..................................................................................................... 3
7               Application.................................................................................................... 3
Division 2               Prescribed matters........................................................................ 4
8               Cargo residue substances.............................................................................. 4
9               Discharge of animal carcasses garbage.......................................................... 4
10             Cleaning agents or additives........................................................................... 4
11             Garbage record book..................................................................................... 4
12             Garbage management plan............................................................................. 4
13             Officer who may require discharge of garbage at a reception facility................. 4
Division 3               Port State control on operational requirements.................... 5
14             Inspection of ships......................................................................................... 5
15             Detention of ships.......................................................................................... 5
16             Amending schedule........................................................................................ 5
Schedule 1                Amending schedule — amendments because of Navigation Act 2012 commencement          6

Division 1     General
1          Name of Order
                 This Order is Marine Order 95 (Marine pollution prevention — garbage) 2013.
2          Commencement
                 This Order commences on 21 January 2013.
Note   This Order is amended by Schedule 1 on the commencement of section 3 of the Navigation Act 2012.
3          Repeal of Marine Orders Part 95, issue 4
                 Marine Orders Part 95 (Marine Pollution Prevention — Garbage) issue 4 is repealed.
4          Purpose
                 This Order prescribes matters necessary to give effect to Annex V of MARPOL.
Note   Annex V of MARPOL contains regulations for the prevention of pollution of the sea by garbage from ships.
5          Power
        (1)     Subsection 33(1) of the Pollution Prevention Act provides for regulations to be made prescribing matters required or permitted by the Act to be prescribed, necessary or convenient to be prescribed for carrying out or giving effect to the Act and in particular for giving effect to MARPOL, other than prescribing penalties under paragraph 33(1)(f) for contravention of a provision.
        (2)     Subsection 34(1) of the Pollution Prevention Act provides that AMSA may make orders about any matter for which the regulations may provide.
6          Definitions
                 In this Order:
animal carcass has the same meaning as in MARPOL, Annex V.
cargo residue has the same meaning as in MARPOL, Annex V.
IMO 2012 guidelines for the implementation of MARPOL Annex V means the guidelines set out in the Annex to IMO Resolution MEPC.219(63).
penal provision means a penal provision for section 4 of the Protection of the Sea (Prevention of Pollution from Ships) (Orders) Regulations 1994.
Note  A person must not fail to comply with a provision of an order, made under subsection 34(1) of the Pollution Prevention Act, that is expressed to be a penal provision — see regulation 4 of the Protection of the Sea (Prevention of Pollution from Ships) (Orders) Regulations 1994.
surveyor means a person appointed to be a surveyor under section 190 of the Navigation Act.
Note    Some terms used in this Order are defined in Marine Order 1 (Administration), including:
·         AMSA
·         IMO
·         Manager, Ship Inspection and Registration
·         MARPOL
·         Navigation Act
·         Pollution Prevention Act
·         SOLAS.
7          Application
        (1)     This Order applies to:
(a)   a ship to which MARPOL applies; and
(b)   a ship that is owned or operated by the Commonwealth when it is being used only on government non-commercial service.
Note 1   MARPOL Consolidated Edition 2011 is available for purchase from the IMO. See the IMO website at http://www.imo.org/publications.
Note 2   The additional information section of the 2011 edition includes, among other amendments, the amendments made to Annex V of MARPOL by IMO Resolution MEPC.201(62) that entered into force on 1 January 2013. These amendments are sometimes referred to as ‘revised MARPOL Annex V’ — see for example MEPC.1/Circ.791.
        (2)     For subsections 32(1) and 32(1A) of the Pollution Prevention Act, sections 26FA, 26FB and 26FC of that Act apply to a foreign ship, including a foreign ship flying the flag of, or under the authority of, a party to the Convention, as if it were an Australian ship, when it is:
(a)   in:
             (i) a port in Australia; or
            (ii) the territorial sea of Australia; or
           (iii) the sea on the landward side of the territorial sea of Australia; and
(b)   on its way to or from a port in Australia.
Division 2     Prescribed matters
8          Cargo residue substances
                 For paragraph 26F(7)(d) of the Pollution Prevention Act, each substance that is considered harmful to the marine environment under subsection 3.2 of the IMO 2012 guidelines for the implementation of MARPOL Annex V is prescribed.
Note   For further guidance about the management of cargo residues of solid bulk cargoes, see the remainder of section 3 of the IMO 2012 guidelines for the implementation of MARPOL Annex V. For guidance about the classification of solid bulk cargoes under the revised MARPOL Annex V between 1 January 2013 and 31 December 2014, see IMO MEPC.1/Circ.791, dated 18 October 2012.
9          Discharge of animal carcasses garbage
                 For paragraph 26F(8)(d) of the Pollution Prevention Act:
(a)   the animal carcass must have been:
             (i) manually slit or cut so that its thoracic and abdominal cavities are opened; or
            (ii) passed through a comminuter, grinder, hogger, mincer or similar equipment; and
(b)   the discharge must comply with section 2.12 of the IMO 2012 guidelines for the implementation of MARPOL Annex V.
10        Cleaning agents or additives
                 For paragraph 26F(8A)(c) and subparagraph 26F(8C)(c)(ii) of the Pollution Prevention Act, a cleaning agent or additive is prescribed if it:
(a)   was in the cargo hold, deck or external surfaces wash water of the ship; and
(b)   is considered harmful to the marine environment under section 1.7.5 of the IMO 2012 guidelines for the implementation of MARPOL Annex V.
11        Garbage record book
        (1)     For subsection 26FA(3) of the Pollution Prevention Act, the form set out in the Appendix to Annex V of MARPOL is prescribed.
        (2)     For subsection 26FA(6) of the Pollution Prevention Act, each operation or occurrence mentioned in section 4 of the Appendix to Annex V of MARPOL is prescribed.
        (3)     For subsections 26FB(5) and (7) of the Pollution Prevention Act, a surveyor is a prescribed officer.
12        Garbage management plan
                 For subsection 26FC(3) of the Pollution Prevention Act, the garbage management plan must be in a form that includes the matters mentioned in section 4 of the 2012 Guidelines for the Development of Garbage Management Plans set out in the Annex to IMO Resolution MEPC.220(63).
Note   The matters mentioned in these Guidelines are about designating a person in charge of carrying out the plan, and procedures for collecting, processing, storing and discharging garbage.
13        Officer who may require discharge of garbage at a reception facility
                 For subsection 26FE(1) of the Pollution Prevention Act, the Manager, Ship Inspection and Registration is a prescribed officer.
Division 3     Port State control on operational requirements
14        Inspection of ships
                 A surveyor may inspect a ship in an Australian port if the surveyor has reasonable grounds to think that the master or crew of the ship is not familiar with essential shipboard procedures for the prevention of pollution by garbage.
15        Detention of ships
        (1)     A surveyor intending to inspect a ship under section 14 may detain the ship by order in writing addressed to the master of the ship.
        (2)     If a surveyor who has detained a ship is satisfied that the ship may proceed to sea without presenting an unreasonable threat of harm to the marine environment, the surveyor must revoke the detention order.
        (3)     The master of a ship given a detention order under subsection (1) must comply with the order.
This is a penal provision.
16        Amending schedule
                 Schedule 1 amends this Order immediately after the commencement of section 3 of the Navigation Act 2012.
Schedule 1 Amending schedule — amendments because of Navigation Act 2012 commencement

[1]       Section 2, note
            omit
[2]       Section 6
            after
In this Order:
            insert
AMSA means the Australian Maritime Safety Authority established by the Australian Maritime Safety Authority Act 1990.
[3]       Section 6, after definition of IMO 2012 guidelines for the implementation of MARPOL Annex V
            insert
inspector means a person appointed as an inspector under subsection 254(1) of the Navigation Act.
[4]       Section 6, note
            omit
·         AMSA
[5]       Further amendments
Provision
omit
insert

Section 6, note
(Administration)
(Administration) 2011

Section 14
A surveyor
An inspector

Section 14
surveyor
inspector

Subsection 15(1)
A surveyor
An inspector

Subsection 15(2)
a surveyor
an inspector

Subsection 15(2)
surveyor
inspector

Note
1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.