Marine pollution prevention — air pollution - Australian Maritime ...

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Section 21.2.4 Subsection 34(1) of the Pollution Prevention Act provides that AMSA maymake orders for any matter (other than the imposition of penalties) for whichprovision may be made by regulation.2 Definitionsanniversary date, in relation to an IAPP Certificate, means the day and month ofeach year which corresponds to the date of expiry of the certificate.Annex VI means Annex VI of MARPOL.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 ofAnnex VI, being a date not earlier than the date on which the survey for theissue of the certificate was completed,whichever is the earlier.EIAPP certificate (or Engine International Air Pollution Preventioncertificate) means:(a) a pollution certificate relating to air pollution or ozone depleting substancesissued under section 132 of the Navigation Act for engines and equipmentof a vessel; or(b) a certificate relating to Annex VI issued under section 319 of theNavigation Act for engines and equipment of a vessel.Note For the form of certificate — see subsection 8.1A.7.IAPP certificate (or International Air Pollution Prevention certificate) means:(a) a pollution certificate relating to air pollution or ozone depleting substancesissued under section 132 of the Navigation Act for a vessel; or(b) a certificate relating to Annex VI issued under section 319 of theNavigation Act for a vessel.Note For the form of certificate — see subsection 8.1A6.North American area means the North American Emission Control Area asdefined in Appendix VII to Annex VI.NOx Technical Code has the same meaning as in Annex VI.Note 1 Some expressions used in this Order are defined in Marine Order 1(Administration) 2011 including:Area ManagerGeneral ManagerIMOManager, Ship Inspection and RegistrationMARPOLNavigation Act Pollution Prevention Act.Note 2 Some terms used in this Order are defined in the Navigation Act or Pollution PreventionAct, including:AMSAinspector recognised organisation (for organisations that have been prescribed for the definition —see Marine Order 1 (Administration) 2011)4 Marine Order 97 (Marine pollution prevention — air pollution) 2007MO97 modcomp-130613Z.docx
Section 5regulated Australian vessel.3 Interpretation3.1 A reference in the NOx Technical Code to the Administration is to be taken tomean, in relation to a vessel registered in Australia, the Manager, ShipInspection and Registration, or a recognised organisation.Note Information on obtaining copies of IMO Resolutions or other documents referred to inthis Order is available from AMSA.4 Application4.1 Subject to subsection 33(2) of the Pollution Prevention Act and section 12 of theNavigation Act, this Order applies to:(a) a non-foreign vessel:(i) to which Annex VI is expressed to apply; or(ii) owned or operated by the Commonwealth and used, for the time being,on government non-commercial service; and(b) a foreign vessel to which Annex VI is expressed to apply.Note 1 The legislation mentioned in subsection 4.1 provides, in effect, that this Order does notapply to certain vessels to which MARPOL applies because of a law of a State or the NorthernTerritory or the Maritime Safety (Domestic Commercial Vessel) National Law.Note 2 A provision of this Order made under the Navigation Act affects foreign vessels only tothe extent that it is expressed to apply to foreign vessels.4.1A For subsection 4.1, each of the following is a non-foreign vessel:(a) a regulated Australian vessel;(b) a domestic commercial vessel;(c) a recreational vessel that has Australian nationality.4.2 Sections 7 and 8 do not apply to a foreign vessel, except to the extent necessaryto enable the issue of an IAPP Certificate under section 319 of the NavigationAct.5 Equivalents5.1 This provision applies if:(a) a provision of this Order, or Annex VI, requires:(i) fitting in a vessel of a particular fitting, material, appliance or apparatus(the required thing); or(ii) use of a particular procedure, fuel oil or compliance method (therequired usage); and(b) an alternative to the required thing or required usage (an equivalent) isavailable that:(i) could be fitted in a vessel, or used, instead of the required thing orrequired usage; and(ii) may be at least as effective if fitted in the vessel, or used, as therequired thing or required usage; and(c) the owner or operator of a vessel wants to fit in the vessel, or use, theequivalent.Marine Order 97 (Marine pollution prevention — air pollution) 2007 5MO97 modcomp-130613Z.docx
Page 1 and 2: Marine Order 97 (Marine pollution p
Page 3: Section 11AName of OrderThis Order
Page 7 and 8: Section 77.5 Annual surveysEach ann
Page 9 and 10: Section 88.2 Commencement of renewa
Page 11 and 12: Section 9Item Kind of vessel Limits
Page 13 and 14: Section 109.6.2 For paragraph 9.6.1
Page 15 and 16: Section 12(b) after 31 December 201
Page 17 and 18: Section 1212.6 Bunker delivery note
Page 19 and 20: Forms Schedule 1Form MO—97/2Marin
Page 21: NotesNotes to Marine Order 97 (Mari

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