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

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