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Marine Orders - Part 93: Marine Pollution Prevention - Noxious Liquid Substances, Issue 4 (Order No. 2 of 2005)

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MARINE ORDERS
Part 93
Marine Pollution Prevention—
Noxious Liquid Substances
Issue 4
Order No. 2 of 2005
Pursuant to subsection 425(1AA) of the Navigation Act 1912 and subsection 34(1) of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983, I hereby make this Order repealing Marine Orders Part 93, Issue 3, and issuing the attached Marine Orders, Part 93, Issue 4, to come into operation on 5 April 2005.
 
                                                                                              Clive Davidson
                                                                                              Chief Executive Officer
                                                                                             24 March 2005
        
Table of Contents
 
1       Purpose & power
2       Definitions of words and phrases used in this Part
3       Interpretation
4       Application
5       Equivalents & exemptions
6       Review of decisions
7       Convention requirements
8       Surveys
9       Certificates
10      Other prescribed matters
11      Specifications and interpretations
12      Port State control of operational requirements
13      Shipboard marine pollution emergency plan
AppendixForms
 
 
 
 
Previous issues
Issue 1, Order No.2 of 1988
Amended by Order No.1 of 1990
Amended by Order No.11 of 1994
Amended by Order No.9 of 1995
Issue 2, Order No.6 of 1998
Amended by Order No.11 of 1999
Issue 3, Order No.4 of 2001
Amended by Order No.8 of 2001
Amended by Order No.12 of 2002
 
1  Purpose & power
1.1  Purpose
1.1.1  This Part of Marine Orders gives effect to all or part of the following Regulations of Annex II to MARPOL:[1]
(a)  Regulations 5, 5A and 8, which deal with ventilation procedures, pumping and unloading arrangements, tank washing on chemical tankers and measures of control;
(b) Regulations 9 and 16, which deal with cargo record books and shipboard marine pollution emergency plans on chemical tankers;
(c) Regulations 10, 11 and 12, which deal with survey and certification of chemical tankers; and
(d) Regulation 15 which deals with port State control on operational requirements.
1.1.2  The Part also prescribes various matters, such as the manner of notifying a discharge, for the purposes of Division 12A of Part IV of the Navigation Act and Part III 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.
1.2.2  Subsection 33(1) of the Pollution Prevention Act provides for regulations to be made prescribing matters:
(a)  required or permitted by the Act 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 of words and phrases used in this Part
AMSA means the Australian Maritime Safety Authority established by the Australian Maritime Safety Authority Act 1990;
Annex II means Annex II 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;
approved, in relation to a Shipboard Marine Pollution Emergency Plan for Noxious Liquid Substances, means approved:
(a)  in the case of a ship registered in Australia:
(i)    if the ship is surveyed by a survey authority—by that authority; or
(ii)    in any other case—by the Manager, Environment Protection Standards, in AMSA; and
(b) in the case of a ship registered in a country other than Australia—by the administration of the country in which the ship is registered or any organisation duly authorised by that administration to approve such documents;
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 MARPOL, being a date not earlier than the date on which the survey for the issue of the certificate was completed,
whichever is the earlier;
IMO means the International Maritime Organization;[2]
IPP Certificate means a chemical tanker construction certificate referred to in section 267Q of the Navigation Act or an International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk referred to in section 267R of the Navigation Act;[3]
Manager, Ship Inspections, means the Manager, Ship Inspections, in AMSA or, in respect of any particular purpose under this Part, a suitably qualified person authorised by the Manager, Ship Inspections, for that purpose;
MARPOL has the same meaning as 'the Convention' in the Pollution Prevention Act;[4]
penal provision means a penal provision for the purposes of Regulation 4 of the Navigation (Orders) Regulations[5] or Regulation 4 of the Protection of the Sea  (Prevention of Pollution from Ships)(Orders) Regulations;[6]
survey authority means a survey authority approved for the purposes of the Navigation Act;[7]
surveyor means a person appointed as a surveyor under section 190 of the Navigation Act 1912;
surveyor-in-charge, in relation to a port, means:
(a)  in the case of a port where an AMSA marine survey office is located—the surveyor-in-charge of that office; and
(b) in the case of any other port—the surveyor-in-charge of the AMSA marine survey office nearest that port;
the London Convention means the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972;
the Navigation Act means the Navigation Act 1912; and
the Pollution Prevention Act means the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.
3  Interpretation
3.1  For the purposes of paragraph (5) of regulation 5A of Annex II, reference to the Administration is to be read as a reference to a survey authority.
3.2  For the purposes of paragraph (6)(a) and (7) of regulation 5A of Annex II, reference to the Administration is to be read as a reference to the Manager, Ship Inspections.
3.3   In this Part, 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.
3.4  In this Part:
(a)  headings and subheadings are part of the Part;
(b) the Appendix is part of the Part; and
(c) a footnote is not part of the Part, but may provide additional information or guidance in applying the Part.
4  Application
4.1  Subject to subsection 33(2) of the Pollution Prevention Act and subsection 267N(2) of the Navigation Act, this Part 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 23 and 24 of that Act apply 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.
4.3  Provision 13 applies to ships of 150 gross tonnage and above certified to carry noxious liquid substances in bulk.
5  Equivalents & exemptions[8]
5.1  If a provision of this Part requires a particular fitting, material, appliance or apparatus, or type thereof, to be fitted or carried in a ship or a particular provision to be made in a ship, the Manager, Ship Inspections, may allow any other fitting, material, appliance or apparatus, or type thereof, to be fitted or carried, or any other provision to be made, if that officer is satisfied that the other fitting, material, appliance or apparatus, or type thereof, or provision, is at least as effective as that required by that provision of this Part.
5.2  For the purposes of subsection 267V(2) of the Navigation Act, the following classes of ships are prescribed as exempt from the application of subsection 267V(1) of that Act absolutely:
(a)  naval auxiliaries; and
(b) ships in respect of which a certificate of fitness referred to in the BCH Code or the IBC Code, as defined in Marine Orders, Part 17 (Liquefied Gas Carriers and Chemical Tankers), is in force.
6  Review of decisions
6.1  Interpretation
In 6.2 and 6.3, General Manager means the person occupying the position of General Manager, Maritime Operations, in AMSA.
6.2  Internal review
6.2.1  If the Manager, Ship Inspections, or a surveyor makes a decision under this Part, a person affected by the decision may apply to the General Manager for review of that decision.
6.2.2  An application for internal review under 6.2.1 must be made in writing to the General Manager and must be accompanied by such information as the General Manager requires to enable the decision to be properly reviewed.
6.2.3  The General Manager may:
(a)  affirm the original decision by the Manager, Ship Inspections, or surveyor; or
(b) make any decision that could be made by the Manager, Ship Inspections, or surveyor in accordance with this Part.
6.3  Review by the AAT
6.3.1  Application may be made to the Administrative Appeals Tribunal for review of a decision by the General Manager under 6.2.3.
6.3.2  The General Manager must give his or her decision in writing within 28 days of receiving the application for internal review.  The notice 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.
6.3.3  Failure to comply with 6.3.2 in relation to a decision does not affect the validity of that decision.
7  Convention requirements
7.1  Paragraphs (5) and (10) of regulation 5, regulation 5A and regulation 8 of Annex II have the force of law as part of the law of the Commonwealth.[9]
7.2  A regulation of Annex II interpreted or explained by a provision of this Part is to be read as having the meaning attributed by that provision of this Part.
8  Surveys
8.1  Survey requirements
A ship carrying noxious liquid substances in bulk is subject to the following surveys:
(a)  an initial survey before the ship is put in service or before an IPP Certificate is issued for the first time;
(b) subject to provisions 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 IPP 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 IPP Certificate; and
(e)  additional surveys, as occasion arises.
8.2  Initial survey
The initial survey must include a complete survey of the ship’s structure, equipment, systems, fittings, arrangements and material in so far as such is required by, or provided for the purposes of, Annex II.  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 II.
8.3  Renewal surveys
The renewal survey must be such as to ensure that the ship’s structure, equipment, systems, fittings, arrangements and material fully comply with the applicable requirements of Annex II.
8.4  Intermediate surveys
The intermediate survey must be such as to ensure that the ship’s equipment and associated pump and piping systems fully comply with the applicable requirements of Annex II and are in good working order.
8.5  Annual surveys
The annual survey must include a general inspection of the ship’s structure, equipment, systems, fittings, arrangements and material referred to in 8.2 to ensure that they have been maintained in accordance with 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 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 II.
8.7  Endorsement of certificates
The intermediate and annual surveys must be endorsed on the IPP Certificate.
8.8  Maintenance of condition
8.8.1  The condition of the ship and its equipment must be maintained to conform with Annex II to ensure that the ship in all respects will remain fit to proceed to sea without presenting an unreasonable threat of harm to the marine 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 Inspections, 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 II, 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 Inspections, who will cause investigations to be initiated to determine whether a survey under 8.6 is necessary.[10]
This is a penal provision.
9  Certificates
9.1  Form of certificate
For the purposes of sections 267Q and 267R of the Navigation Act, the prescribed form is the International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk appearing in Appendix V of Annex II.
9.2  Duration of certificates
An IPP 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 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 267S or section 267U of the Navigation Act.
9.3  Commencement of renewal period
If an existing IPP Certificate is being renewed, the period in 9.2 commences:
(a)  if the renewal survey is completed on, or within three months before, the expiry date of the existing certificatefrom the expiry date of the existing certificate; or
(b) if the renewal survey is completed after the expiry date of the existing certificatefrom the expiry date of the existing certificate; or
(c) if the renewal survey is completed more than three months before the expiry date of the existing certificatefrom the date of completion of the renewal survey.
9.4  Extension of validity
9.4.1  If an IPP Certificate is issued or renewed for a period of less than 5 years, the Manager, Ship Inspections, 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 IPP Certificate cannot be issued or placed on board the ship before the expiry date of the existing certificate, the Manager, Ship Inspections, 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 IPP Certificate expires is not in a port in which it is to be surveyed, the Manager, Ship Inspections, 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 three 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 IPP Certificate that has been issued to a ship engaged on short voyages, and that has not been extended under 9.4.1 or 9.4.3, may be extended by the Manager, Ship Inspections, or a consul or other diplomatic representative of Australia for a period of grace of up to one 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,[11] as determined by the Manager, Ship Inspections, a new IPP Certificate need not be dated from the date of expiry of the existing certificate as required by 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.
9.5  Surveys completed before certificate expiry
If an annual or intermediate survey is completed before the period specified in provision 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 provision 8 must be completed at the intervals specified in provision 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 provision 8 are not exceeded.
9.6  Certificate ceasing to be valid
An IPP 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 provision 8; or
(b) if the certificate is not endorsed in accordance with provision 8.7; or
(c) upon transfer of the ship to or from the Australian flag.[12]
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 267Q of the Navigation Act, is a prescribed certificate.
10.2  Alteration or damage to ship
10.2.1  For the purposes of subsection 267S(1) of the Navigation Act, the following persons are prescribed persons:
(a)  the Manager, Ship Inspections;
(b) each surveyor-in-charge of an AMSA marine survey office.
10.2.2  For the purposes of subsection 267S(1) of the Navigation Act, Form MO93/1 in the Appendix is the prescribed form.
10.3  Service of notices
10.3.1  For the purposes of subsections 267S(6), 267S(7) and 267Y(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 267S(6) and 267S(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 267S(6), 267S(7) and 267Y(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  Prescribed officers
10.4.1  For the purposes of sections 20 and 25 of the Pollution Prevention Act, a surveyor-in-charge of an AMSA marine survey office is a prescribed officer.
10.4.2  For the purposes of section 21(2) of the Pollution Prevention Act, the following AMSA employees are prescribed officers:
(a)  General Manager, Maritime Operations;
(b) General Manager, Maritime Safety and Environmental Strategy;
(c) General Manager, Emergency Response;
(d) Manager, Environment Protection Response; and
(e)  a surveyor-in-charge of an AMSA marine survey office.
10.4.3  For the purposes of sections 21(6), 21(7), 21(8) and 21(9) of the Pollution Prevention Act, the following are prescribed officers:
(a)  in respect of an Australian registered ship—the Manager, Ship Inspections, or any suitably qualified employee of a survey authority authorised by that survey authority to act on its behalf; and
(b) in respect of a foreign registered ship—any person authorised by the marine administration of the country of registration to exercise its powers and functions under Regulation 5 of Annex II.
10.4.4  For the purposes of section 22 of the Pollution Prevention Act, the General Manager, Maritime Operations, in AMSA is a prescribed officer.
10.4.5  For the purposes of section 26AA of the Pollution Prevention Act, the Manager, Ship Inspections, is a prescribed officer.
10.5  Prescribed manner of notifying a discharge
For the purposes of subsections 22(1) and 22(3) of the Pollution Prevention Act, an incident is notified in the prescribed manner if it is notified by:
(a)  a telephone message; or
(b) a facsimile message; or
(c) a telex message; or
(d) a radio message; or
(e)  an e-mail message,
conveyed either direct to the prescribed officer or through the Rescue Coordination Centre (RCC) Australia,[13] being a message that commences with the code letters POLREP and the name and radio call-sign of the ship.
10.6  Prescribed formharmful substances report
10.6.1  For the purposes of subsections 22(6) and 22(7) of the Pollution Prevention Act, the prescribed form for a harmful substances report is Form MO93/2 in the Appendix.
10.6.2  Where a time is required to be specified in a harmful substances report, it must be expressed in Coordinated Universal Time (UTC).
10.7  Prescribed time for furnishing a report
For the purposes of subsections 22(6) and 22(7) of the Pollution Prevention Act, the period of 24 hours immediately following receipt of a request for a report is the prescribed time.
10.8  Record books
10.8.1  For the purposes of subsection 23(3) of the Pollution Prevention Act, the prescribed form in relation to a cargo record book is the form set out in Appendix IV to Annex II.
10.8.2  Where a time is required to be specified in a cargo 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).
10.9  Prescribed operations or occurrences
10.9.1  For the purposes of subsection 23(5) of the Pollution Prevention Act, each of the following operations with respect to a noxious liquid substance is a prescribed operation in relation to a ship:
(a)  loading of cargo;
(b) internal transfer of cargo;
(c) unloading of cargo;
(d) cleaning of a cargo tank;
(e)  ballasting of a cargo tank;
(f)  discharge of ballast from a cargo tank;
(g) disposal of residues to a reception facility;
(h) discharge of a noxious liquid substance, or a mixture containing such a substance, into the sea in accordance with regulation 5 of Annex II; and
(i)  removal by ventilation procedures of cargo residues from a tank in accordance with regulation 5 of Annex II.
10.9.2  For the purposes of subsection 23(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 a noxious liquid substance, or a mixture containing such a substance, for the purpose of securing the safety of the ship or saving life at sea;
(b) the discharge into the sea of a noxious liquid substance, or a mixture containing such a substance, in consequence of damage to the ship or its equipment; and
(c) the discharge into the sea of a noxious liquid substance, or a mixture containing such a substance, being:
(i)    a discharge for an exceptional purpose other than for the purpose of securing the safety of the ship or saving life at sea; or
(ii)    an accidental discharge other than a discharge in consequence of damage to the ship or its equipment.
10.10  Prescribed time & manner to notify proposal to import or export
10.10.1  For the purposes of section 20 of the Pollution Prevention Act, the prescribed time, in relation to the notification of a proposal to import or export a liquid substance, is the period of 30 days immediately preceding the day on which the importation or exportation takes place.
10.10.2  For the purposes of section 20 of the Pollution Prevention Act, a proposal to import or export a liquid substance is notified in the prescribed manner if it is notified by:
(a)  writing delivered by hand or forwarded by certified mail; or
(b) a facsimile message; or
(c) a telex message.
11  Specifications and interpretations
11.1  Unified Interpretation
For the purposes of this Part, a regulation of Annex II, being a regulation referred to in the Unified Interpretations of Annex II, published by IMO, is to be read and applied in accordance with that document.[14]
11.2  Dumping operations
For the purpose of the application of Annex II in respect of ships engaged in the dumping operation of liquid wastes under the London Convention, a regulation of Annex II, being a regulation referred to in the Interpretation of Annex II of MARPOL 73/78 in Respect of Ships Engaged in Dumping Operations and Explanatory Notes Thereto, published by IMO as Annex 5 to MEPC 25/20, is to be read and applied in accordance with that document.
11.3  Measures of control
11.3.1  For the purposes of regulation 8 of Annex II:
(a)  a reference to the receiving Party is to be read as a reference to Australia;
(b) a function or power expressed to be exercisable by the Government of the receiving party is exercisable by the Manager, Ship Inspections;
(c) a reference to the Administration is to be read as:
(i)    in respect of an Australian registered ship—the Manager, Ship Inspections, or any suitably qualified employee of a survey authority authorised by that survey authority to act on its behalf; and
(ii)    in respect of a foreign registered ship—any person authorised by the marine administration of the country of registration to exercise its powers and functions under regulation 8 of Annex II; and
(d) a reference to the surveyor (however described) is to be read as a reference to a person appointed as a surveyor under section 190 of the Navigation Act.
11.3.2  An exemption referred to in paragraph (2)(b), (5)(b), (6)(c) or (7)(c) of regulation 8 of Annex II may only be granted to a ship engaged in voyages to ports or terminals under the jurisdiction of States parties to the Convention and, on such an exemption being granted to a ship, the appropriate entry made in the ship's cargo record book must be endorsed by a surveyor.
11.3.3  A surveyor must, in exercising any power or performing any function under regulation 8 of Annex II, comply with the control procedures developed by IMO and published by IMO as Resolution A.787(19), as amended by A.882(21).
11.4  Appropriate measures
For the purposes of paragraph (4) of regulation 13 of Annex II, the appropriate measures are:
(a)  in respect of a ship, other than an offshore support vessel—
(i)    the provisions of the  IBC Code for a ship the keel of which was laid or which was at a similar stage of construction on or after 1 July 1986; and
(ii)    the provisions of the BCH Code for a ship the keel of which was laid or which was at a similar stage of construction before 1 July 1986, to the extent that the provisions can be practicably applied to such ships; and
(b) in respect of an offshore support vessel—the provisions of the Guidelines for the Transport and Handling of Limited Amounts of Hazardous and Noxious Liquid Substances in Bulk in Offshore Support Vessels, published as IMO Resolution A.673(16).
12  Port State control of operational requirements
12.1  Inspection of ships
If a surveyor has clear grounds for believing that the master or crew of a ship in a port in Australia are not familiar with essential shipboard procedures relating to the prevention of pollution by noxious liquid substances, the surveyor may inspect the ship.
12.2  Detention of ships
12.2.1  A surveyor intending to inspect a ship under 12.1 may, by order in writing addressed to the master, detain it.
12.2.2  When the surveyor is satisfied that the ship is able to proceed to sea without presenting an unreasonable threat of harm to the marine environment, he or she is to revoke the detention order.
12.2.3  The master of a ship must comply with an order under 12.2.1.
This is a penal provision.
13  Shipboard marine pollution emergency plan
13.1  The owner of a ship must provide to the ship an approved Shipboard Marine Pollution Emergency Plan for Noxious Liquid Substances written in the working language of the master of, and the officers on board, the ship.
This is a penal provision.
13.2  The master of a ship must ensure that the Shipboard Marine Pollution Emergency Plan for Noxious Liquid Substances in respect of the ship is kept on board the ship.
This is a penal provision.
13.3  A Shipboard Marine Pollution Emergency Plan for Noxious Liquid Substances must be in accordance with the Guidelines for the Development of Shipboard Marine Pollution Emergency Plans for Oil and/or Noxious Liquid Substances, adopted by IMO as Resolution MEPC.85(44).
13.4  A Shipboard Marine Pollution Emergency Plan for Noxious Liquid Substances must at least contain:
(a)  the procedure to be followed by the master, or any other person having charge of the ship, in reporting a noxious liquid substances pollution incident;
(b) the list of authorities or persons to be contacted in the event of a noxious liquid substances pollution incident;[15]
(c) a detailed description of action to be taken immediately by persons on board to reduce or control the discharge of noxious liquid substances following the incident; and
(d) the procedures and point of contact on the ship for coordinating shipboard action with national and local authorities in combating the pollution.
13.5  If a ship is required to comply with regulation 26 of Annex 1 of MARPOL, the Shipboard Marine Pollution Emergency Plan for Noxious Liquid Substances in respect of the ship may be combined with its Shipboard Oil Pollution Emergency Plan.[16]
Appendix
FORMS
AUSTRALIA
Form MO93/1
Marine Orders, Part 93 (Marine Pollution PreventionNoxious Liquid Substances)
NOTICE OF ALTERATION OR DAMAGE TO AN AUSTRALIAN SHIP
To:      *Manager, Ship Inspections
           *Surveyor-in-charge, ............................................. AMSA Survey Office
               (* delete which inapplicable)
PARTICULARS TO BE NOTIFIED
1.        Name of ship.
2.        Official number (if any).
3.        IMO Number.
4.        Home port/port of registry.
5.        Call sign.
6.        Name of owner(s) or agent.
7.        Address of principal place of business of owner or agent in Australia.
8.        Date of issue and reference number of International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk.
9.        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).
10.      Name and address of person or corporation effecting alteration or repairs.
11.      Reason(s) for, or cause(s) of, alteration or repairs.
12.      Particulars of changes in the construction of the ship.
13.      Additional information (if any) affecting the compliance of the ship with the provisions of Annex II (MARPOL).
..............................................
     (signature of master or owner)
........................................
(date)
 
AUSTRALIA
Form MO93/2
Marine Orders, Part 93 (Marine Pollution PreventionNoxious Liquid Substances)
HARMFUL SUBSTANCES REPORT
(POLREP)
To:      General Manager, Maritime Operations 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.85(20).)
 
A.        Name of ship, call sign and flag.
B.        Date and time of event.
           (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: Time must be expressed as Coordinated Universal Time (UTC))
P.        1.     Type of oil or the correct technical name for the noxious liquid substances on board.
           2.     UN number or numbers.
           3.     Pollution category (A, B, C or D) for each noxious liquid substance.
           4.     Names of manufacturers of substances or consignee or consignor.
           5.     An estimate of the quantity of the substances.
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.        1.     Type of oil or the correct technical name of the noxious liquid substance discharged into the sea.
           2.     UN number or numbers.
           3.     Pollution category (A, B, C or D) for each noxious liquid substance.
           4.     Names of manufacturers of substances or consignee or consignor.
           5.     An estimate of the quantity of the substances.
           6.     Whether lost substances floated or sank.
           7.     Whether loss is continuing.
           8.     Cause of loss.
           9.     Estimate of the movement of the discharge or lost substances giving current conditions, if known.
           10.   Estimate of the surface area of the spill.
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.
* * * * * *
 
 

[1]     Regulation 13 of Annex II is given effect by Marine Orders, Part 17.
[2]     Copies of IMO resolutions or other documents referred to in this Part are available from AMSA.
[3]     The chemical tanker construction certificate referred to in section 267Q of the Navigation Act and the International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk referred to in section 267R of the Navigation Act are, in fact, identical.
[4]     MARPOL is to be found in MARPOL 73/78 Consolidated Edition, 2002, published by IMO, and has been revised by IMO Resolutions MEPC.95(46) and MEPC.111(50). It will be further revised with effect from 1 August 2005 by IMO Resolutions MEPC.115(51) and MEPC.116(51).
[5]     Subregulation 4(1) of the Navigation (Orders) Regulations provides that a person who fails to comply with a provision of an order made under subsection 425(1AA) of the Navigation Act that is expressed to be a penal provision is guilty of an offence and is punishable by:
(a)     if the offender is an individual—a fine not exceeding 20 penalty units; or
(b)    if the offender is a body corporate—a fine not exceeding 50 penalty units.
A penalty unit is currently $110.
[6]     Regulation 4 of the Protection of the Sea (Prevention of Pollution from Ships) (Orders) Regulations provides that 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. The penalty is 20 penalty units or, in the case of a body corporate, 50 penalty units.  A penalty unit is currently $110.
[7]     The following survey authorities are approved: American Bureau of Shipping; Bureau Veritas; Det Norske Veritas; Germanischer Lloyd; Lloyd's Register; and Nippon Kaiji Kyokai.
[8]     Applications for exemptions or the allowance of equivalents should be made to the Manager, Ship Inspections and should be accompanied by relevant information.  The Manager, Ship Inspections may seek additional information to assist in reaching a decision.
[9]     For the purposes of paragraphs (5) and (10) of regulation 5 and paragraphs (5) and (6) of regulation 5A of Annex II, AMSA has approved the ventilation procedures, pre-wash procedures, pumping conditions and pumping efficiency tests specified in Standards for procedures and arrangements for the discharge of noxious liquid substances, published in MARPOL 73/78, Consolidated Edition, 2002.
[10]    If the ship is at sea or at a port outside Australia, the report should be made to the Manager, Ship Inspections through the Rescue Coordination Centre (RCC) Australia.  Contact details for the RCC are provided in Form MO-92/2, set out in the Appendix.
If the ship is at a port in Australia, the report should be made through the person in charge of the nearest AMSA survey office.  Contact details for the nearest AMSA survey office can be found at www.amsa.gov.au
[11]    "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.
[12]    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 II.
[13]    Contact details for the RCC are provided in Form MO-93/2, set out in the Appendix.
[14] The Unified Interpretations of Annex II is published in MARPOL 73/78, Consolidated Edition, 2002.
[15]    Refer to the general principles for ship reporting systems and ship reporting requirements, including guidelines for reporting incidents involving dangerous goods, harmful substances and/or marine pollutants, adopted by IMO as Resolution A.851(20).
[16]    The combined document is known as a Shipboard Marine Pollution Emergency Plan.