MARINE ORDERS

Part 96

Marine Pollution Prevention—Sewage

Issue 2

Table of Contents

1 Purpose and power

2 Definitions of words and phrases used in this Part

3 Interpretation

4 Application

5 Equivalents and exemptions

6 Review of decisions

7 Systems, equipment etc. required by Annex IV

8 Surveys

9 Certificates

10 Other prescribed matters

11 Port state control

Appendix  Forms

Previous issues
Issue 1, Order No. 3 of 2004

1 Purpose and power

1.1   Purpose

This Part of Marine Orders gives effect to Article 5(2) of MARPOL and Regulations 4, 9 and 10 of Annex IV of MARPOL, and prescribes the equipment, survey and certificates required by vessels to which Annex IV applies for the purpose of preventing marine pollution by sewage.

1.2   Power

1.2.1 Section 267ZF of the Navigation Act provides that the regulations may make provision for, and in relation to, giving effect to Regulations 4, 9 and 10 of Annex IV of MARPOL.  Paragraph 33(1)(c) of the Pollution Prevention Act provides for regulations to be made 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.

1.2.2 Subsection 425(1) of the Navigation Act and paragraphs 33(1)(a) and (b) of the Pollution Prevention Act provide for regulations to be made prescribing matters requiring or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to each 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 IV means Annex IV of MARPOL;

Australian ship means:

(a) a ship registered in Australia; or

(b) an unregistered ship having Australian nationality.

date of issue, in relation to a certificate, means:

(a) the date that the certificate is issued; or

(b) the date shown on the certificate as the date of issue for the purposes of Annex IV, being a date not earlier than the date on which the survey for the issue of the certificate was completed,

whichever is the earlier;

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

IMO means the International Maritime Organization;

Manager, Ship Inspections means the person occupying the position of 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;

Note:  MARPOL is to be found in a Consolidated Edition, 2006, published by IMO. The text of Annex IV contained in the 2006 Consolidated Edition has been amended by IMO Resolutions MEPC.143(54) and MEPC.164 (56).

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.

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 50 penalty units.

sewage certificate means an International Sewage Pollution Prevention Certificate issued under section 267ZG or 267ZH of the Navigation Act;

survey authority means a corporation or association for the survey of shipping, approved by AMSA, in writing, for the purposes of the Navigation Act;

Note:  A list of approved survey authorities is available on AMSA’s website: www.amsa.gov.au

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 Copies of IMO resolutions or other documents referred to in this Part are available from AMSA.

3.2 In this Part:

(a) headings and subheadings are part of the Part;

(b) the Appendix is part of the Part;

(c) a note 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 267ZE(3) of the Navigation Act, this Part applies to and in relation to a ship:

(a) to which Annex IV is expressed to apply; or

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

4.2 For the purpose of subsection 267ZE(2) of the Navigation Act, a ship referred to in 4.1 is a ship included in a prescribed class of ships.

4.3 Provisions 7, 8 and 9 of this Part do not apply to a ship that is not an Australian ship.

5 Equivalents and exemptions

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.

Note:  Applications for 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.

5.2 For the purposes of subsection 267ZM(3) of the Navigation Act, naval auxiliaries are prescribed as exempt from the application of subsection 267ZM(1) and (2) of that Act absolutely.

6 Review of decisions

6.1 Internal review

6.1.1 If the Manager, Ship Inspections, 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.

6.1.2 An application for internal review under 6.1.1 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.

6.1.3 The Deputy CEO may:

(a) affirm the original decision by the Manager, Ship Inspections; or

(b) make any decision that could be made by the Manager, Ship Inspections, in accordance with this Part.

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

6.2 Review by the AAT

6.2.1 Application may be made to the Administrative Appeals Tribunal for review of a decision by the Deputy CEO under 6.1.3.

6.2.2 The notice under 6.1.4 must include:

(a) 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; and

(b) a statement to the effect that the person may request a statement under section 28 of that Act.

6.2.3 Failure to comply with 6.2.2 in relation to a decision does not affect the validity of that decision.

7 Systems, equipment etc. required by Annex IV

7.1 Sewage systems
 [MARPOL IV-9]

Every ship to which Annex IV applies must be equipped with one of the following sewage systems:

(a) a sewage treatment plant of a type approved by the Manager, Ship Inspections, or survey authority complying with:

(i) in the case of system installed on a ship on or after 1 January 2010—IMO Resolution MEPC.159(55); or

(ii) in the case of system installed on a ship before 1 January 2010—IMO Resolution MEPC.2(VI); or

(b) a sewage comminuting and disinfecting system approved by the Manager, Ship Inspections, or survey authority, fitted with facilities to the satisfaction of the Manager, Ship Inspections, or survey authority for the temporary storage of sewage when the ship is less than 3 nautical miles from the nearest land; or

(c) a holding tank:

(i) of a capacity to the satisfaction of the Manager, Ship Inspections, or survey authority for the retention of all sewage, having regard to operation of the ship, the number of persons on board and other relevant factors;

(ii) constructed to the satisfaction of the Manager, Ship Inspections, or survey authority; and

(iii) having a means to indicate visually the amount of its contents.

7.2 Standard discharge connections
[MARPOL IV-10]

7.2.1 To enable pipes of reception facilities to be connected with the ship’s discharge pipeline, both lines must, subject to 7.2.2, be fitted with a standard discharge connection in accordance with Table 1.

Table 1

Standard dimensions of flanges for discharge connections

 For ships having a moulded depth of 5 m and less, the inner diameter of the discharge connection may be 38 mm.

7.2.2 For ships in dedicated trades, e.g. passenger ferries, alternatively the ship’s discharge pipeline may be fitted with a discharge connection accepted by the Manager, Ship Inspections, such as a quick-connection coupling.

8 Surveys
[MARPOL IV-4]

8.1 Survey requirements

A ship to which Annex IV applies is subject to the following surveys and inspections:

(a) an initial survey before the ship is put in service or before a sewage certificate is issued for the first time;

(b) subject to 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) additional surveys referred to in 8.4.

8.2 Initial survey

The initial survey must include a complete survey of the ship’s structure, equipment, systems, fittings, arrangements and materials in so far as such is required by, or provided for the purposes of, Annex IV.  This survey must be such as to ensure that the structure, equipment, systems, fittings, arrangements and materials fully comply with the applicable requirements of Annex IV.

8.3 Renewal surveys

The renewal survey must be such as to ensure that the ship’s structure, equipment, systems, fittings, arrangements and materials fully comply with the applicable requirements of Annex IV.

8.4 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 8.5.3, 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 materials 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 IV.

8.5 Maintenance of condition

8.5.1 The condition of the ship and its equipment must be maintained to conform with Annex IV 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.

8.5.2 After any survey of the ship has been completed, no change is to be made in the structure, equipment, systems, fittings, arrangements or materials covered by the survey, without the sanction of the Manager, Ship Inspections, except the direct replacement of such equipment and fittings.

8.5.3 Whenever an accident occurs to a ship or a defect is discovered which substantially affects the integrity of the ship or the efficiency or completeness of its equipment covered by Annex IV, 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 8.4 is necessary.

This is a penal provision.

Note:  If the ship is at sea or at a port outside Australia, the report should be made to the Manager, Ship Inspections, through the Australian Search and Rescue Centre (telephone:+61 2 6230 6811;facsimile:+61 2 6230 6868).  If the ship is at a port or offshore facility in Australia, the report should be made through the person in charge of the nearest AMSA survey office.

If the ship is in a port outside Australia, the master must, in addition to reporting to the Manager, Ship Inspections, report the accident or defect to the appropriate authority of the country in which the port is situated.

9 Certificates

9.1 Form of sewage certificate

For the purposes of sections 267ZG and 267ZH of the Navigation Act, the prescribed form is the International Sewage Pollution Prevention Certificate appearing in the Appendix to Annex IV.

9.2 Duration of certificates

A sewage 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 267ZJ or section 267ZL of the Navigation Act.

9.3 Commencement of renewal period

For the purposes of 9.2(b), the appropriate commencement date is:

(a) if the renewal survey is completed on, or within three months before, the expiry date of the existing certificatethe expiry date of the existing certificate;

(b) if the renewal survey is completed after the expiry date of the existing certificatethe expiry date of the existing certificate;

(c) if the renewal survey is completed more than three months before the expiry date of the existing certificatethe date of completion of the renewal survey.

9.4 Extension of validity

9.4.1 If a sewage 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 sewage certificate is to be issued but 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 a ship at the time when a sewage 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 such 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 A sewage 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, as determined by the Manager, Ship Inspections, a new sewage 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.

Note:  "Special circumstances" might include a situation where a ship is laid up at the time the survey is due and remains laid up for a period of 6 months or more.

9.5 Sewage certificate ceasing to be valid

A sewage certificate ceases to be valid in either of the following cases:

(a) if the relevant surveys and inspections are not completed within the periods specified in 9;

(b) upon transfer of the ship to or from the Australian flag.

Note:  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 IV.

10 Other prescribed matters

10.1 Alteration or damage to ship

10.1.1 For the purposes of subsection 267ZJ(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.

10.1.2 For the purposes of subsection 267ZJ(1) of the Navigation Act, Form MO96/1 in the Appendix is the prescribed form.

10.2 Service of notices

10.2.1 For the purposes of subsections 267ZJ(4), 267ZJ(6) and 267ZQ(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.

10.2.2 For the purposes of subsections 267ZJ(4), 267ZJ(6) and 267ZQ(1) 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.

10.2.3 For the purposes of subsections 267ZJ(4), 267ZJ(6) and 267ZQ(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.

10.3 Power to require discharge of sewage at a reception facility

For the purposes of subsection 26DAA(1) of the Pollution Prevention Act, the Manager, Ship Inspections, is a prescribed officer.

10.4 Rate of discharge of untreated sewage

 For the purposes of paragraph 26D(6)(c) of the Pollution Prevention Act the discharge rate, is:

(a) over any period not exceeding 24 hours—a maximum of DR­max cubic metres per hour, where:

DR­max = 0.00926.V.D.B;

V = the ship’s average speed in knots over the period;

D = draft in metres; and

B = breadth in metres; and

(b) in any one hour during that period—a maximum of (DR­max ) + 20% cubic metres.

Note: Paragraph 26D(6)(c) of the Pollution Prevention Act provides that sewage that has not been comminuted and disinfected in accordance with Annex IV and has been stored in holding tanks, or originates from spaces containing living animals, may be discharged:

(a)  at a distance of not less than 12 nautical miles from the nearest land;

(b)  while the ship is proceeding en route at a speed of not less than four knots; and

(c)  at a prescribed rate.

The calculations in Provision 10.4 give effect to IMO Resolution MEPC.157(55).

11 Port state control

11.1 Inspection of ships

If, in relation to a ship in a port in Australia or at an offshore terminal belonging to Australia:

(a) a surveyor has clear grounds for believing that the condition of the ship or its equipment does not correspond substantially with the particulars of its International Sewage Pollution Prevention Certificate; or

(b) there is no valid International Sewage Pollution Prevention Certificate on board the ship,

the surveyor may inspect the ship.

11.2 Detention of ships

11.2.1 A surveyor intending to inspect a ship under 11.1 may, by order in writing addressed to the master, detain it.

11.2.2 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.

11.2.3 The master of a ship must comply with an order under 11.2.1.

This is a penal provision.

* * * * * *

Appendix

AUSTRALIA

Form MO96/1

Marine Orders, Part 96 (Marine Pollution PreventionSewage)

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 (if any).

 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 Sewage Pollution Prevention Certificate.

 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 IV (MARPOL).

…...............................................

     (signature of master or owner)

........................................

(date)