Federal Register of Legislation - Australian Government

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Order No. 8 of 2009 Orders/Marine as made
These Orders repeal the Marine Orders - Part 94: Marine Pollution Prevention - Packaged Harmful Substances, Issue 4 (Order No. 5 of 2005) and prescribes matters for the purpose of giving effect to Annex III of the International Convention for the Prevention of Pollution from Ships 1973, as amended by the Protocol of 1978 (MARPOL 73/78), in relation to packaged harmful substances.
Administered by: Infrastructure and Regional Development
General Comments: This Marine Order was originally made under subsection 425(1AA) of the Navigation Act 1912 and subsection 34(1) of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983. To the extent that this Order was made under the Navigation Act 1912 it has effect, for the purposes of the Navigation Act 2012, with such modifications as are specified in Marine Order 4 (Transitional modifications) 2013 (see section 343 of the Navigation Act 2012 and Schedule 40 of Marine Order 4 (Transitional modifications) 2013).
Made 18 Nov 2009
Registered 20 Nov 2009
Tabled HR 25 Nov 2009
Tabled Senate 26 Nov 2009
Date of repeal 22 Feb 2014
Repealed by Marine Order 94 (Marine pollution prevention — packaged harmful substances) 2014

MARINE ORDERS

Part 94

Marine Pollution Prevention—
Packaged Harmful Substances

                               Issue 5

Order No. 8 of 2009

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 94, Issue 4, and substituting the attached Marine Orders Part 94, Issue 5, to come into operation from 1 January 2010

 

 

Michael Kinley
Acting Chief Executive Officer
18 November 2009

 

 


Table of Contents

 

1       Purpose and power

2       Definitions of words and phrases used in this Part

3       Interpretation

4       Application

5       Review of decisions

6       Convention requirements

7       Prescribed matters

8       Port State control on operational requirements

 

Appendix    Marine Pollutants Report Form

 

 

 

 

 

 

 

 

 

 

 

 

 

Previous issues

Issue 1, Order No.12 of 1994

Issue 2, Order No.7 of 1998

Issue 3, Order No.9 of 2001                       

Issue 4, Order No.5 of 2005

1  Purpose and power

1.1  Purpose

1.1.1   Annex III of MARPOL provides regulations aimed at preventing the pollution of the sea by     harmful substances carried by sea in packaged form.  This Part of Marine Orders gives effect to   all or part of the following regulations of Annex III:

(a)     Regulations 1 to 4, which deal with packing, marking, labelling and documentation of harmful substances;

(b)     Regulations 5 and 6, which deal with the stowage of packages containing harmful substances and the limitation of quantities of such substances; and

(c)     Regulation 8, which deals with port State control on operational requirements.

1.1.2   The Part also prescribes various matters, such as the manner of notifying an incident, for the     purposes of Division 12B of Part IV of the Navigation Act and Part IIIA 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 267ZC of the Navigation Act            provides that the regulations may make provision for and in relation to giving effect to Regulations 1 to 6 (inclusive) of Annex III of MARPOL.

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

(a)     required or permitted 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 III means Annex III to MARPOL;

Deputy CEO means the person occupying the position of Deputy Chief Executive Officer, Maritime Operations in AMSA;

harmful substance means a substance which is identified as a marine pollutant in the IMDG Code;

Note   Guidelines for the identification of harmful substances are set out in the Appendix to Annex III.

IMDG Code means the International Maritime Dangerous Goods Code as defined in Marine Orders, Part 41;

IMO means the International Maritime Organization;

MARPOL has the same meaning as 'the Convention' in the Pollution Prevention Act;

Note  MARPOL is to be found in a Consolidated Edition, 2006, published by IMO. The text of Annex III contained in the 2006 Consolidated Edition has been amended by IMO Resolution MEPC.156(55).

packaged form means a form of containment specified for harmful substances in the IMDG Code;

penal provision means a penal provision for the purposes of Regulation 4 of the Navigation (Orders) Regulations 1980 or Regulation 4 of the Protection of the Sea  (Prevention of Pollution from Ships)(Orders) Regulations 1994;

 

Note  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 fine not exceeding 50 penalty units. The maximum penalty that a court may impose on a body corporate that fails to comply with a penal provision is 250 penalty units.

 

Note 2  Regulation 4 of the Protection of the Sea (Prevention of Pollution from Ships) (Orders) Regulations provides that a person who fails 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 is guilty of an offence and is punishable by a fine not exceeding 50  penalty units.  The maximum penalty that a court may impose on a body corporate that fails to comply with a penal provision is 250 penalty units.

surveyor means a person appointed as a surveyor under section 190 of the Navigation Act;

the Navigation Act means the Navigation Act 1912;

the Pollution Prevention Act means the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.

Note  Information on obtaining copies of IMO resolutions and documents referred to in this part is available from AMSA on AMSA’s website: www.amsa.gov.au; or via email: international.relations@amsa.gov.au.

3  Interpretation

In this Part:

(a)     headings and sub-headings are part of the Part;

(b)     the Appendix is part of the Part; and

(c)     a note is not part of the Part, but may provide additional information or guidance in applying the Part.

4  Application

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

(a)     to which the Convention is expressed to apply; or

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

5  Review of decisions

5.1  Internal review

5.1.1   If a surveyor makes a decision under this Part, a person affected by the decision may, within 3            months of the date of notification of the decision or such longer period as determined by the Deputy CEO, apply to the Deputy CEO for review of that decision.

5.1.2   An application for internal review under 5.1.1 must be made in writing to the Deputy CEO and            must be accompanied by such information as the Deputy CEO requires to enable the decision to          be properly reviewed.

5.1.3  The Deputy CEO may:

(a)     affirm the original decision by the surveyor; or

(b)     make any decision that could be made by the surveyor in accordance with this Part.

5.1.4   The Deputy CEO must notify his or her decision in writing to the applicant within 28 days of    receiving the application for internal review.

5.2  Review by the AAT

5.2.1   Application may be made to the Administrative Appeals Tribunal for review of a decision by   the Deputy CEO under 5.1.3.

5.2.2   The Deputy CEO 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.

5.2.3  Failure to comply with 5.2.2 in relation to a decision does not affect the validity of that decision.

6  Convention requirements

6.1      By virtue of subsection 267ZC of the Navigation Act, regulations 1 to 6 (inclusive) of Annex III          have the force of law as part of the law of the Commonwealth.

6.2      For the purposes of paragraph 3 of regulation 4 of Annex III, AMSA is the designated            organisation.

Note   A copy of the special list, manifest or stowage plan required by paragraph 3 of Regulation 4 of Annex III should be made available before departure to the surveyor in charge of marine surveys for AMSA at the port of loading, or, if no such surveyor is located at the port of loading, to AMSA’s surveyor at the AMSA office nearest to the port of loading.

7  Prescribed matters

7.1  Washing substances overboard

For the purposes of subsections 26AB(6) and 26B(11) of the Pollution Prevention Act, a substance is to be taken to have been washed overboard in accordance with the orders if the person who authorises the washing overboard, after considering the physical, chemical and biological properties of the substance, reasonably believes that washing overboard is the most appropriate manner of disposal.

7.2  Prescribed officer

For the purposes of section 26B of the Pollution Prevention Act, the following persons are prescribed officers:

(a)     the General Manager, Emergency Response, in AMSA; and

(b)     the Deputy CEO.

7.3  Prescribed manner of notifying an incident

For the purposes of subsections 26B(3) and 26B(5) 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 radio message; or

(d)     an E-mail message

conveyed either direct to the prescribed officer or through the Rescue Coordination Centre (RCC) Australia, being a message that commences with the code letters POLREP and the name, IMO number and radio call-sign of the ship.

 

Note   The following are contact details for the Rescue Coordination Centre (RCC) Australia: Telephone: +61 (02) 6230

6811; Freecall: 1800 641 792 (within Australia); Facsimile: +61 (0)2 6230 6868; AFTN: YSARYCYX;   

E-mail: rccaus@amsa.gov.au

7.4  Prescribed form¾marine pollutants report

7.4.1   For the purposes of subsections 26B(8) and 26B(9) of the Pollution Prevention Act, the          prescribed form for a marine pollutants report is the form set out in the Appendix.

7.4.2   Where a time is required to be specified in a marine pollutants report, it must be expressed in   Coordinated Universal Time (UTC).

7.5  Prescribed time for furnishing a report

For the purposes of subsections 26B(8) and 26B(9) of the Pollution Prevention Act, the period of 24 hours immediately following receipt of a request for a report is the prescribed time.

Note   Provision 13 of Marine Orders Part 41 prescribes requirements to report incidents at sea involving dangerous goods that are not marine pollutants.

Port State control on operational requirements

8.1  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 harmful substances, the surveyor may inspect the ship.

8.2  Detention of ships

8.2.1   A surveyor intending to inspect a ship under 8.1 may, by order in writing addressed to the       master, detain it.

8.2.2   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.

8.2.3   The master of a ship must comply with an order under 8.2.1.

  This is a penal provision.

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Appendix

Marine Pollutants Report Form

When reporting discharge or potential discharge of a marine pollutant in a packaged form, the following information is to be provided.

Note   If any of the following items of the ship reporting format are inappropriate they should be omitted from the report. These items of the standard reporting format are referred to in IMO Resolution A.851(20)  as amended by MEPC.138(53).

A     Ship

        name

        call sign/ship station identity

        flag

B     Date & time of event

       

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

        Position

C     latitude and longitude

        or

D     true bearing and distance

M    Radio communications

        full names of stations

P     Probable discharge

        1.     Correct technical name or names of goods

        2.     UN number or numbers

        3.     IMO hazard class or classes

        4.     Names of manufacturers of goods, or consignee, or consignor

        5.     Types of packages, including identification marks

specify whether portable tank, freight container or other cargo transport container, including official registration marks and numbers assigned to the unit.

        6.     An estimate of the quantity and likely condition of the goods

Q      Condition of ship

        1.     Condition of ship

        2.     Ability to transfer cargo/ballast/fuel

R     Discharge

        1.     Correct technical name or names of goods

        2.     UN number or numbers

        3.     IMO hazard class or classes

        4.     Names of manufacturers of goods, or consignee, or consignor

        5.     Types of packages, including identification marks

specify whether portable tank, freight container or other cargo transport container, including official registration marks and numbers assigned to the unit.

        6.     An estimate of the quantity and condition of the goods

        7.     Whether lost goods floated or sank

        8.     Whether loss is continuing

        9.     Cause of loss

S     Weather conditions

        Give brief details of weather and sea conditions prevailing

T     Contact details

        Name, address, telephone number and facsimile or telex number of the ship's owner and representative

U     Ship size and type

X     Action

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.

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