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AMSA MO 2014/9 Orders/Marine as amended, taking into account amendments up to Marine Order 91 (Marine pollution prevention — oil) Amendment Order 2018
Administered by: Infrastructure, Transport, Regional Development and Communications
Registered 03 Apr 2018
Start Date 01 Apr 2018

Marine Order 91 (Marine pollution prevention — oil) 2014

made under the Navigation Act 2012 and the Protection of the Sea (Prevention of Pollution from Ships) Act 1983

Compilation no. 3

Compilation date: 1 April 2018

 

This compilation was prepared on 21 March 2018 taking into account amendments up to Marine Order 91 (Marine pollution prevention — oil) Amendment Order 2018

Prepared by the Australian Maritime Safety Authority

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Division 1     Preliminary...................................................................................................... 3

1        Name of Order.................................................................................................... 3

2        Purpose.............................................................................................................. 3

3        Power................................................................................................................. 3

4        Definitions.......................................................................................................... 3

5        Interpretation....................................................................................................... 4

6        Application.......................................................................................................... 5

7        Exemptions and waivers...................................................................................... 5

8        Equivalents......................................................................................................... 6

Division 2     Requirements of Annex I.................................................................................. 6

9        Convention requirements...................................................................................... 6

Division 3     Certificates issued under the Navigation Act..................................................... 6

10      Certificates required............................................................................................. 6

11      Applying for certificates....................................................................................... 6

12      Criteria for the issue of IOPP certificates.............................................................. 6

13      Conditions of IOPP certificates............................................................................ 7

14      Endorsements of IOPP certificates....................................................................... 7

15      Commencement and duration of certificates......................................................... 7

16      Criteria for the variation of IOPP certificates.......................................................... 7

17      Criteria for the revocation of IOPP certificates....................................................... 7

18      Notifying alterations............................................................................................. 7

Division 4     Certificate requirements for foreign vessels..................................................... 8

19      Requirements for foreign vessels......................................................................... 8

Division 5     Reporting requirements................................................................................... 8

20      Marine incidents.................................................................................................. 8

21      Incidents involving oil or oily mixture or damage, failure or breakdown................... 8

22      Notification by oil tankers not meeting construction requirements........................... 9

Division 6     Other prescribed matters for the Pollution Prevention Act............................... 9

22A   Ship board oil pollution emergency plan — foreign ships...................................... 9

23      Shipboard oil pollution emergency plan................................................................ 9

24      Ship-to-ship operations plan — transfer of oil cargo between oil tankers................ 9

25      Qualification requirements — transfer of oil cargo between oil tankers.................. 10

25A   Transfer of oil cargo involving a foreign ship — prescribed operation................... 10

26      Ship-to-ship record — transfer of oil cargo between oil tankers............................ 10

27      Ship-to-ship transfer information......................................................................... 11

28      Giving ship-to-ship transfer information — Australia............................................. 11

29      Giving ship-to-ship transfer information — country other than Australia................. 11

29A   Oil record book — foreign ships......................................................................... 12

30      Oil record book................................................................................................. 12

31      Prescribed operation or occurrence.................................................................... 12

Division 7     Vessels not permitted to enter port................................................................ 13

32      Double hull and double bottom oil tankers.......................................................... 13

Division 8     Specifications of Annex I................................................................................. 13

33      Crude oil washing systems................................................................................. 13

34      Crude oil washing system operations and equipment manuals.............................. 13

35      Oil discharge monitoring and control systems (oil tankers)................................... 13

36      Oil content meters — approved design (oil tankers)............................................. 13

37      Oil filtering equipment — approved design (machinery spaces — all vessels)....... 14

 


Division 1     Preliminary

1          Name of Order

                 This Order is Marine Order 91 (Marine pollution prevention oil) 2014.

2          Purpose

                 This Order:

(a)   gives effect to parts of Annex I of MARPOL; and

(b)   prescribes matters for Chapter 4 of the Navigation Act; and

(c)   prescribes matters for Part II of the Pollution Prevention Act.

3          Power

        (1)     This Order is made under both the Navigation Act and the Pollution Prevention Act.

        (2)     The following provisions of the Navigation Act provide for this Order to be made:

(a)   section 130 which provides that the regulations may provide for pollution certificates;

(b)   section 314 which provides that the regulations may prescribe various matters about certificates;

(c)   subsection 339(1) which provides for regulations to be made prescribing matters required or permitted to be prescribed, or that are necessary or convenient to be prescribed for carrying out or giving effect to the Act;

(d)   paragraph 340(1)(c) which provides that the regulations may provide for giving effect to MARPOL;

(e)   subsection 342(1) which provides that AMSA may make orders about matters that can be provided for by regulations.

        (3)     The following provisions of the Pollution Prevention Act provide for this Order to be made:

(a)   paragraphs 33(1)(a) and (b) which provide for regulations to be made prescribing matters required or permitted to be prescribed, or that are necessary or convenient to be prescribed for carrying out or giving effect to the Act;

(b)   paragraph 33(1)(c) which provides for regulations under paragraphs 33(1)(a) and (b) to be made to give effect to MARPOL;

(c)   subsection 34(1) which provides that AMSA may make orders for any matter (other than the imposition of penalties) for which provision may be made by regulation.

4          Definitions

                 In this Order:

Annex I means Annex I to MARPOL.

Condition Assessment Scheme means the Condition Assessment Scheme adopted by IMO Resolution MEPC.94(46), as in force from time to time.

IOPP certificate means a certificate that is:

(a)   a pollution certificate mentioned in subsection 10(1) relating to vessel structure, systems, fittings, arrangements and material or equipment; and

(b)   in the form of the International Oil Pollution Prevention Certificate set out in Appendix II of Annex I.

Note 1   Some terms used in this Order are defined in Marine Order 1 (Administration) 2013, including:

·         equivalent

·         IMO

·         MARPOL

·         Navigation Act

·         Pollution Prevention Act

·         SOLAS

·         STCW Code.

Note 2   Other terms used in this Order are defined in the Navigation Act including:

·         Australian nationality

·         issuing body

·         pollution certificate

·         recognised organisation (for organisations that have been prescribed for the definition — see Marine Order 1 (Administration) 2013)

·         STCW Convention.

Note 3   Other terms used in this Order are defined in the Pollution Prevention Act, including foreign ship.

Note 4   Most provisions of this Order are expressed using terms used in the Navigation Act (eg vessel). However, some provisions of this Order that are made solely under the Pollution Prevention Act use terms used in that Act (eg ship). An example of a provision using terms used in the Pollution Prevention Act is section 30.

Note 5   A copy of IMO documents mentioned in this Order is available on the IMO website at http://www.imo.org or AMSA’s website at http://www.amsa.gov.au.

Note 6   For delegation of AMSA’s powers under this Order — see the AMSA website Marine Orders link at http://www.amsa.gov.au.

5          Interpretation

        (1)     For this Order:

(a)   a reference in Annex I or the Condition Assessment Scheme to the Administration is taken to mean AMSA; and

(b)   the Unified Interpretations of Annex I, published by IMO, are to be taken into account in complying with a regulation of Annex I; and

(c)   a vessel is taken to have been constructed when:

             (i)  the keel is laid; or

            (ii)  both:

(A)    construction identifiable with a specific vessel starts; and

(B)    the lesser of at least 50 tonnes, or 1% of the estimated total mass of all structural material, of the vessel is assembled.

Note for paragraph (a)   AMSA has an agreement with each of the recognised organisations mentioned in Schedule 1 of Marine Order 1 (Administration) 2013 for the provision of survey and certification services for vessels registered in Australia. These bodies are authorised to provide these services on behalf of AMSA.

        (2)     In this Order, a term that is used but is not defined for this Order, and is defined in MARPOL, the STCW Convention or the STCW Code has the meaning given by MARPOL, the STCW Convention or the STCW Code.

Examples

1   Definition of management level in section A-I/1 of Chapter I of Part A of the STCW Code.

2   Definition of certificate of competency in Regulation I/1 of the Annex to the STCW Convention.

6          Application

(1)          This Order applies to a vessel that is:

(a)   a regulated Australian vessel; or

(b)   a foreign vessel; or

(c)   a recreational vessel; or

(d)   a domestic commercial vessel.

(2)          However, this Order does not apply to a vessel that is owned or operated by a country other than Australia and used, for the time being, on government non-commercial service.

(3)          Also, Division 3 does not apply to a vessel that is:

(a)   a foreign vessel; or

(b)  a recreational vessel that does not have Australian nationality.

        (4)     For this Order, Annex I is taken to apply to a vessel that is owned and operated by the Commonwealth and is used, for the time being, on government non-commercial service.

Note   The application of this Order is subject to subsection 33(2) of the Pollution Prevention Act and section 12 of the Navigation Act. Those provisions have the effect that parts of this Order that give effect to parts of MARPOL do not apply to certain vessels in an area if a law of a State or the Northern Territory or the Marine Safety (Domestic Commercial Vessel) National Law gives effect to the same parts of MARPOL for vessels in the area.

7          Exemptions and waivers

        (1)     A person may apply, in accordance with the application process set out in Marine Order 1 (Administration) 2013, for an exemption of a vessel mentioned in regulation 3.1 of Annex I from a requirement of this Order.

        (2)     AMSA may give an exemption if satisfied that the construction and equipment of the vessel provides equivalent protection against pollution by oil, having regard to the service for which the vessel is intended.

Note   Marine Order 1 (Administration) 2013 deals with the following matters about exemptions and equivalents:

·         making an application

·         seeking further information about an application

·         the time allowed for consideration of an application

·         imposing conditions on approval of an application

·         notifying a decision on an application

·         review of decisions.

        (3)     AMSA may give a waiver in accordance with regulation 3.4, 3.5, 3.6 or 14.5 of Annex I.

8          Equivalents

        (1)     A person may apply, in accordance with the application process set out in Marine Order 1 (Administration) 2013, for approval to use an equivalent.

        (2)     AMSA may approve the use of an equivalent if:

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

(b)   approving the use of the equivalent would not contravene regulation 5.1 of Annex I.

Division 2     Requirements of Annex I

9          Convention requirements

                 A vessel must comply with the requirements of Annex I that apply to the vessel.

Division 3     Certificates issued under the Navigation Act

10        Certificates required

                 For subsection 130(3) of the Navigation Act (which enables the regulations to provide that specified kinds of vessels are required to have specified pollution certificates), a vessel mentioned in regulation 7.1 of Annex I must have an IOPP certificate.

11        Applying for certificates

        (1)     For subsection 131(1) of the Navigation Act (which enables a person to apply to an issuing body for a pollution certificate specified in the regulations), an IOPP certificate is specified.

        (2)     Division 3 of Marine Order 1 (Administration) 2013 (other than section 17) applies to an application to AMSA for a certificate mentioned in subsection (1).

Note   Division 3 of Marine Order 1 (Administration) 2013 prescribes some general rules about the making and determination of various kinds of applications. Section 17 of that Order provides for internal review of decisions about applications. That section does not apply to decisions about pollution certificates because those decisions are reviewable under subsection 313(1) of the Navigation Act.

12        Criteria for the issue of IOPP certificates

                 For paragraph 132(1)(b) of the Navigation Act, the criteria for issue of an IOPP certificate are that the vessel:

(a)   has completed the initial or renewal survey mentioned in regulation 6.1 of Annex I; and

(b)   complies with the requirements that apply to it under Annex I.

Note   If a regulated Australian vessel is not required to have a certificate mentioned in section 9, the owner may apply for and be issued a certificate if the vessel meets the requirements mentioned in this section.

13        Conditions of IOPP certificates

                 For paragraph 132(2)(a) of the Navigation Act, an IOPP certificate is subject to the following conditions:

(a)   the vessel and its equipment must be maintained to comply with Annex I;

(b)   any survey mentioned in regulation 6 of Annex I must be completed in accordance with the requirements of that regulation;

(c)   any endorsement required to be made to the certificate under regulation 6 of Annex I is made;

(d)   after any survey mentioned in regulation 6 of Annex I has been completed, any change to the structure, equipment, systems, fittings, arrangements or material covered by the survey, other than the direct replacement of equipment or fittings, must be approved by an issuing body.

14        Endorsements of IOPP certificates

                 For paragraph 13(c), an endorsement on an IOPP certificate must be made by an issuing body.

Note   It is practice for an issuing body endorsing a certificate to be the same as the issuing body that originally issued the certificate.

15        Commencement and duration of certificates

                 An IOPP certificate comes into force, and ceases to be in force, in accordance with regulation 10 of Annex I.

16        Criteria for the variation of IOPP certificates

                 For subsection 133(1) of the Navigation Act, the criteria for variation of an IOPP certificate are that:

(a)   the vessel complies with the requirements that apply to it under Annex I; and

(b)   to the extent that the variation relates to matters mentioned in regulation 10 of Annex I — the variation is in accordance with that regulation.

Note for paragraph (b)   A variation may be in the form of an endorsement on a certificate. Endorsements are provided for in paragraphs 3, 4, 5, 6 and 8 of Regulation 10 of Annex I.

17        Criteria for the revocation of IOPP certificates

                 For section 134 of the Navigation Act, the criteria for revocation of an IOPP certificate are that:

(a)   a condition of the certificate has been, or is likely to be, breached; or

(b)   an endorsement to a certificate mentioned in paragraph 13(c) has not been made; or

(c)   the vessel to which the certificates applies ceases to be registered in Australia; or

(d)   the owner of the vessel asks in writing that the vessel’s certificate be revoked.

18        Notifying alterations

                 For paragraph 137(1)(c) of the Navigation Act, the period within which AMSA and each issuing body that issued the IOPP certificate for the vessel must be informed of an alteration to a vessel is 7 days after the alteration is made.

Note   An approved form for reporting of alterations to vessels is available from AMSA’s website http://www.amsa.gov.au.

Division 4     Certificate requirements for foreign vessels

19        Requirements for foreign vessels

        (1)     A foreign vessel to which regulation 7.1 of Annex I applies must have a certificate issued in accordance with that regulation.

        (2)     A foreign vessel to which Annex I does not apply but to which Regulation 7.1 of Annex I would apply if the country in which the vessel is registered were a party to MARPOL must carry and comply with any certificate or other document that:

(a)   is issued for the vessel by or for the administration of the country in which it is registered; and

(b)   deals with the prevention of oil pollution by the vessel.

Division 5     Reporting requirements

20        Marine incidents

                 For paragraph (l) of the definition of marine incident in subsection 14(1) of the Navigation Act, the following incidents are prescribed:

(a)   equipment failure that may affect compliance by the vessel with Annex I;

(b)   an incident involving the vessel that may affect compliance by the vessel with Annex I;

(c)   anything that substantially affects the integrity of the vessel or the efficiency or completeness of the vessel’s equipment covered by Annex I.

Note 1   The owner and master of a vessel must report marine incidents to AMSA — see sections 185 and 186 of the Navigation Act.

Note 2   For the prescribed periods for the reporting of marine incidents — see section 23A of Marine Order 1 (Administration) 2013.  Forms for reporting of marine incidents are available from AMSA’s website at http://www.amsa.gov.au.

Note 3   For other reporting requirements — see Transport Safety Investigation Act 2003, sections 18 and 19.

21        Incidents involving oil or oily mixture or damage, failure or breakdown

        (1)     For subsections 11(1) and (3) of the Pollution Prevention Act, a prescribed incident (which is an incident involving discharge or probable discharge of oil or oily mixture or damage, failure or breakdown) must be notified by any of the following means:

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

(c)   email to rccaus@amsa.gov.au;

(d)   HF DSC MMSI 005030001.

Note 1   Subsections 11(1) and (3) of the Pollution Prevention Act requires notification of a prescribed incident to be made without delay.

Note 2   Subsections 11(1) and (3) of the Pollution Prevention Act requires notification of a prescribed incident to be made to a prescribed officer. For the definition of prescribed officer — see subsection 3(2) of the Act.

        (2)     A report mentioned in subsection 11(6) or (7) of the Pollution Prevention Act must be made using Form MO‑91/2 Harmful Substance Report.

Note   Form MO‑91/2 Harmful Substance Report is available on AMSA’s website http://www.amsa.gov.au.

        (3)     For subsections 11(6) and (7) of the Pollution Prevention Act, the report must be given within 24 hours after receiving the request for the report.

22        Notification by oil tankers not meeting construction requirements

                 The operator or agent of an oil tanker that does not comply with regulation 19 of Annex I must give AMSA the following information at least 48 hours before loading cargo for carriage to or from an Australian port:

(a)   name of vessel;

(b)   IMO number of vessel;

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

(d)   name of the Australian port;

(e)   expected date of arrival or departure;

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

Note   Notice should to be sent to AMSA by email (tankers@amsa.gov.au).

Division 6     Other prescribed matters for the Pollution Prevention Act

22A     Ship board oil pollution emergency plan — foreign ships

For subsection 32(1A) of the Pollution Prevention Act, section 11A of the Act applies to a foreign ship, as if it were an Australian ship, when it is in:

(a)   a port in Australia; or

(b)   the territorial sea of Australia; or

(c)   the sea on the landward side of the territorial sea of Australia.

23        Shipboard oil pollution emergency plan

        (1)     For subsections 11A(4) of the Pollution Prevention Act, the prescribed form for a shipboard oil pollution emergency plan is the format mentioned in the Guidelines for the Development of Shipboard Oil Pollution Emergency Plans, adopted by IMO as Resolution MEPC.54(32), as in force from time to time.

        (2)     A shipboard oil pollution emergency plan must be approved by an issuing body.

24        Ship-to-ship operations plan — transfer of oil cargo between oil tankers

                 For subparagraph 11B(2)(a)(i) and paragraph 11D(2)(a) of the Pollution Prevention Act, a ship-to-ship operations plan must be in a form that includes:

(a)   information about the following matters:

             (i)  particulars of the vessel;

            (ii)  conditions that apply to the vessel;

           (iii)  methods of communication;

           (iv)  equipment to be used;

            (v)  procedures for safety and emergencies;

           (vi)  operational preparations before manoeuvring;

          (vii)  performance of cargo transfer operations;

         (viii)  manoeuvring and unmooring;

           (ix)  reporting procedures; and

(b)   the following documents:

             (i)  vessel interest contact lists;

            (ii)  checklists;

           (iii)  general arrangement plan;

           (iv)  cargo tank arrangement plan and capacities;

            (v)  cargo handling system plan;

           (vi)  anchor handling and mooring arrangement plan;

          (vii)  records of STS operations.

        (2)     A ship-to-ship operations plan must be approved by an issuing body.

25        Qualification requirements — transfer of oil cargo between oil tankers

                 For paragraph 11C(1)(f) of the Pollution Prevention Act, the person with overall advisory control of a transfer must have the following qualifications:

(a)   a management level deck certificate of competency;

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

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

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

Note   Details of approved courses are available on AMSA’s website http://www.amsa.gov.au.

25A     Transfer of oil cargo involving a foreign ship — prescribed operation

For subsection 32(1) of the Pollution Prevention Act:

(a)   the transfer of oil cargo with another oil tanker that has a gross tonnage of 150 or more is a prescribed operation; and

(b)   sections 11D and 11E of the Act apply to a foreign ship, as if it were an Australian ship, when it is 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 while on its way to or from a port in Australia.

Note    Sections 11B, 11C and 11F of the Pollution Prevention Act also apply to foreign ships — see sections 11B, 11C and 11F.

26        Ship-to-ship record — transfer of oil cargo between oil tankers

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

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

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

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

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

(e)   the name and contact details of:

             (i)  the transfer service provider; and

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

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

27        Ship-to-ship transfer information

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

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

(b)   date, time and geographical location when the transfer is to start;

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

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

(e)   planned duration of the transfer;

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

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

Note for paragraph (f)   The person in overall advisory control is usually the master of the manoeuvring ship or the person who assists with the mooring and unmooring of ships, coordinates and supervises the transfer and is generally known as the STS Superintendent.

28        Giving ship-to-ship transfer information — Australia

                 For paragraphs 11F(1)(e) and (f) of the Pollution Prevention Act, the notification of ship-to-ship transfer information must be by:

(a)   email to sts@amsa.gov.au; or

(b)   fax to +61 (0)2 6279 5076.

Note   Paragraphs 11F(1)(e) and (f) of the Pollution Prevention Act require notification of ship-to-ship transfer information to be made at least 48 hours before the transfer begins.

29        Giving ship-to-ship transfer information — country other than Australia

                 For subparagraphs 11G(1)(f)(i) and (ii) and 11G(1)(g)(i) and (ii) and paragraphs 11G(2)(f) and (h) of the Pollution Prevention Act, the notification must be by:

(a)   telephone; or

(b)   fax; or

(c)   email.

Note   Subparagraphs 11G(1)(f) and (g) and paragraph 11G(2)(f) of the Pollution Prevention Act require notification of ship-to-ship transfer information to be made at least 48 hours before the transfer begins.

29A     Oil record book — foreign ships

For subsection 32(1) of the Pollution Prevention Act, section 12 of the Act applies to a foreign ship, as if it were an Australian ship, when it is in:

(a)   a port in Australia; or

(b)   the territorial sea of Australia; or

(c)   the sea on the landward side of the territorial sea of Australia.

Note   Section 13 (False entries in oil record book) of the Pollution Prevention Act also applies to foreign ships because that section applies to ships to which section 12 applies.

30        Oil record book

        (1)     For subsections 12(2) and (3) of the Pollution Prevention Act:

(a)   a ship mentioned in paragraph 12(1)(a) of that Act must carry an oil record book in the form set out in Parts I and II of Appendix III to Annex I; and

(b)   a ship mentioned in paragraph 12(1)(b) of that Act must carry an oil record book in the form set out in Part I of Appendix III to Annex I.

Note   AMSA publishes Oil Record Book Part I (Machinery space operations) and Oil Record Book Part II (Cargo/Ballast operations — oil tankers) available for purchase from major AMSA offices.

        (2)     A time that must be stated in an oil record book must, unless expressed in ship’s time and the conversion to Coordinated Universal Time cannot be readily made, be expressed in Coordinated Universal Time.

31        Prescribed operation or occurrence

        (1)     For subsection 12(5) of the Pollution Prevention Act:

(a)   each machinery space operation mentioned in the form set out in Part I of Appendix III to Annex I is a prescribed operation; and

(b)   each cargo or ballast operation mentioned in the form set out in Part II of Appendix III to Annex I is a prescribed operation for an oil tanker.

        (2)     For subsection 12(5) of the Pollution Prevention Act, each of the following is a prescribed occurrence:

(a)   discharging into the sea oil or an oily mixture from a ship to secure the safety of the ship or to save life at sea;

(b)   discharging into the sea oil or an oily mixture because of damage to the ship or its equipment;

(c)   discharging into the sea substances containing oil to deal with a specific pollution incident;

(d)   failure of oil discharge monitoring control system;

(e)   failure of the oil filtering equipment;

(f)    accidental or other exceptional discharge of oil not mentioned in paragraphs (a) to (c).

Division 7     Vessels not permitted to enter port

32        Double hull and double bottom oil tankers

                 The master of an oil tanker must not take a vessel into a port in Australia after:

(a)   for an oil tanker mentioned in regulation 20.5 of Annex I and for regulation 20.8.2.1 of Annex I — the anniversary in 2015 of the date of the delivery of the vessel; or

(b)   for an oil tanker mentioned in regulation 20.7 of Annex I and for regulation 20.8.2.2 of Annex I — the date mentioned in paragraph 4 of regulation 20 of Annex I that applies to the oil tanker; or

(c)   for an oil tanker mentioned in regulation 21.5 or 21.6 of Annex I and for regulation 21.8.2 of Annex I — the date mentioned in regulation 21.4 of Annex I that applies to the oil tanker.

Division 8     Specifications of Annex I

33        Crude oil washing systems

                 For regulation 33.2 of Annex I, crude oil washing installation and associated equipment and arrangements must comply with IMO Resolution A.446(XI), as in force from time to time.

34        Crude oil washing system operations and equipment manuals

                 For regulation 35.1 of Annex I, the operations and equipment manual for an oil tanker must be in the form and include the information mentioned in IMO Resolution MEPC.3(XII), as in force from time to time.

35        Oil discharge monitoring and control systems (oil tankers)

                 For regulation 31.1 of Annex I, an issuing body may approve an oil discharge monitoring and control system only if designed and installed in accordance with the specifications mentioned in:

(a)   for a system installed on board an oil tanker constructed after 31 December 2004 — IMO Resolution MEPC.108(49); or

(b)   for a system installed on board an oil tanker constructed after 1 October 1986 and before 1 January 2005 — IMO Resolution A.586(14); or

(c)   for a system installed on board an oil tanker constructed before 2 October 1986 — IMO Resolution A.496(XII).

36        Oil content meters — approved design (oil tankers)

                 For regulations 18.8.3 and 31.2 of Annex I, an issuing body may approve the design of an oil content meter only if in accordance with the specifications mentioned in:

(a)   for a meter installed on board an oil tanker constructed after 31 December 2004 — IMO Resolution MEPC.108(49); or

(b)   for a meter installed on board an oil tanker constructed after 1 October 1986 and before 1 January 2005 — IMO Resolution A.586(14); or

(c)   for a meter installed on board an oil tanker constructed before 2 October 1986 — IMO Resolution A.393(X).

37        Oil filtering equipment — approved design (machinery spaces — all vessels)

        (1)     For regulations 14.6 and 14.7 of Annex I, an issuing body may approve the design of oil filtering equipment only if it is in accordance with the specifications mentioned in:

(a)   for equipment installed on board a vessel after 31 December 2004 — the Revised guidelines and specifications for pollution prevention equipment for machinery space bilges of ships, adopted by IMO Resolution MEPC.107(49), as amended from time to time; or

(b)   for equipment installed on board a vessel after 29 April 1994 and before 1 January 2005 — IMO Resolution MEPC.60(33); or

(c)   for equipment installed on board a vessel after 13 November 1978 and before 30 April 1994 — IMO Resolution A.393(X).

        (2)     For paragraph (1)(b), an issuing body may approve the design of equipment that is upgraded with add-on equipment to improve its emulsified oil treatment capabilities only if it is in accordance with the specifications mentioned in IMO Resolution MEPC.205(62).


Notes to Marine Order 91 (Marine pollution prevention — oil) 2014

Note 1

Marine Order 91 (Marine pollution prevention — oil) 2014 (in force under subsection 342(1) of the Navigation Act 2012 and subsection 34(1) of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983) as shown in this compilation comprises Marine Order 91 (Marine pollution prevention — oil) 2014 amended as indicated in the following tables.

Table of Orders

Year and number

Registration date

FRLI number

Commencement date

Application, saving or transitional provisions

Marine Order 91 (Marine pollution prevention — oil) 2014 (MO 2014/9)

2 June 2014

F2014L00638

1 July 2014

 

Marine Order 81 (Administration amendment) 2016 (MO 2016/18)

12 December 2016

F2016L01915

13 December 2016

Marine Orders (Navigation Act) Administrative Amendment Order 2017

(MO 2017/5)

10 October 2017

F2017L01336

11 October 2017

Marine Order 91 (Marine pollution prevention — oil) Amendment Order 2018

MO 2018/3)

21 March 2018

F2018L00335

1 April 2018

Table of amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

1A..........................................

rep. Legislation Act 2003, s. 48D

1B..........................................

rep. Legislation Act 2003, s. 48C

4............................................

am. 2018/3

5............................................

am. 2018/3

6............................................

rs. 2018/3

7............................................

am. 2018/3

13..........................................

am. 2018/3

18..........................................

am. 2018/3

19..........................................

rs. 2018/3

20..........................................

am. 2016/18

21..........................................

am. 2018/3

22A.......................................

ad. 2018/3

25A.......................................

ad. 2018/3

29A.......................................

ad. 2018/3

37..........................................

am. 2017/5, am. 2018/3