Marine Environment Protection

Reporting Ship Sourced Pollution

National Plan

Place of Refuge Guidelines

Educational resources and information

Major Oil Spills in Australia

Prevention of Pollution from Ships

National Maritime Emergency Response Arrangements

AMSAs Role in Maritime Environmental Issues

Register of Local Fuel Oil Suppliers

AMSA's Role in Maritime Environmental Issues

The Australian Maritime Safety Authority Act 1990 specifies that AMSA’s role includes protection of the marine environment from pollution from ships and other environmental damage caused by shipping.

This document provides information on current issues associated with AMSA’s environmental activities, including those that might impact on the maritime industry and the role of AMSA within the next few years. AMSA continually reviews its involvement in a range of environmental issues to ensure it is meeting stakeholders’ needs and expectations.

 

Current Issues

Enforcement

AMSA is responsible for the enforcement of environmental standards for ships in Commonwealth jurisdiction. Assistance from the AFP may be sought as necessary in accordance with the relevant Protocol. For incidents in the Great Barrier Reef Marine Park, AMSA provides assistance to the Great Barrier Reef Marine Park Authority as necessary.

INTERPOL - Environmental Crimes Committee

For several years AMSA has been participating in the work of the Interpol Environmental Crimes Committee relevant to the prevention of pollution from ships. In October 2005 AMSA accepted a leadership role for the Committee's Project Clean Seas. A key component of this Project is working with industry, Protection and Indemnity Clubs, and IMO to increase the rate of compliance with MARPOL standards and relevant domestic legislation. The Project has a number of tasks including:

The best practices manual was finalised at the most recent meeting of the Committee help in early June 2007. Australia played in key role in its development. The “Interpol Investigative Manual for Illegal Oil Discharges from Vessels” is the first international manual produced for environmental criminal enforcement. The Manual will be beneficial for enforcement programs in all countries, regardless of the level of investigative capability and will form the basis of future Interpol training programs throughout the world. Interpol will be is translating the Manual into French, Spanish and Arabic with all language versions to be available on CD later this year. The manual will be circulated through National Crimes Bureaus (NCBs) in countries throughout the world.

The Committee also finalized an advocacy memorandum that can be used to inform judges and prosecutors when determining appropriate fines for intentional oil pollution and other environmental crimes. It is considered that such fines should recoup the economic advantage gained by the non-compliance as well as imposing a penalty.

Prevention of Air Pollution from Ships (Annex VI of MARPOL)

The Maritime Legislation Amendment (Prevention of Air Pollution from Ships) Act 2007 received Royal Assent on 15 March 2007 (Act no. 24 of 2007), and it is expected that Annex VI will enter into force for Australia during September/October 2007. Annex VI deals with prevention of air pollution from ships and includes several standard MARPOL provisions, such as survey and certification requirements, which in due course will require attention during port State control inspections. The Annex places certification and sampling obligations on suppliers of fuel oil and sets limits on emissions of nitrogen oxides (NOx) from diesel engines and sulphur content in ships bunker fuel. In accordance with the terms of the Annex, AMSA will maintain a register of approved local fuel oil suppliers. Marine Orders are currently being developed (Part 97), along with a Marine Notice and other internal AMSA policies and procedures to support the new regulations.

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Entry into force of OPRC-HNS Protocol

On 14 June 2007 the Protocol on Preparedness, Response and Co-operation to Pollution Incidents by Hazardous and Noxious Substances (OPRC-HNS Protocol) 2000 entered into force internationally and for Australia. The OPRC-HNS Protocol was adopted to expand the scope of the 1990 International Convention on Oil Pollution Preparedness, Response and Co-operation (OPRC 1990) to cover hazardous and noxious substances.

Countries which are party to the OPRC-HNS Protocol are required to establish a national system for responding to HNS, with an appropriate level of response equipment, communications plans, regular training and exercises.

Parties must also provide assistance, to the extent possible and feasible, to other parties in the event of a pollution emergency. There is a provision for the reimbursement of any assistance provided. Parties should also try to conclude bilateral or multilateral agreements on preparedness for, and response to, pollution incidents involving HNS.

IMO has developed a wide array of tools including model training courses, manuals and guidance documents to assist countries in developing their capacity for dealing with incidents involving HNS and meeting their obligations under the Protocol. In Australia, the National Plan to Combat Pollution by Oil and Other Noxious and Hazardous Substances gives effect to the majority of the Protocol’s obligations. Australia is also currently reviewing existing bilateral oil spill response arrangements with several neighbouring countries with a view to including HNS.

HNS Convention

The HNS Convention is based on the two-tier compensation system for oil spills established under the existing Civil Liability and Fund Conventions. However, it goes further in that it covers not only pollution damage but also the risks of fire and explosion, including loss of life or personal injury as well as loss of or damage to property. Liability will be shared by shipowners, who will have to provide evidence of insurance, and cargo interests (receivers of cargo), who will pay a levy into an International HNS Fund to be established under the Convention.

The Convention will enter into force when ratified by 12 States including 4 States each with 2 million gross tons of shipping. However, to date only 10 countries have ratified the convention, mostly smaller countries representing just 3.71% of world tonnage. Obstacles to ratification include difficulties associated with identifying the “receiver” of packaged HNS goods, contribution arrangements by the owners of an LNG cargo and problems with countries failing to provide their contributing cargo returns either on ratification or annually thereafter. These obstacles have raised concerns that the first countries to ratify the Convention will bear the brunt of contributions to the Fund to meet any short-term claims.

Australia was an original proponent of the HNS Convention and played a key role in its development at IMO. However Australia itself has not yet ratified the Convention, primarily due to difficulties in gaining agreement from several stakeholders. The lack of a compensation regime for HNS pollution was identified as a significant gap in the liability and compensation regime in Australia during discussions on the National Maritime Emergency Response Arrangements in 2006.

Because of the ongoing delays caused by the complexities of the HNS Convention, several countries have identified the need to consider the development of a Protocol to amend the HNS Convention. A range of policy proposals to address the above listed obstacles are currently being considered by a Working Group of the IOPC Fund Assembly, with a view to finalising the text of an amending Protocol by the end of 2008. Australia is closely monitoring these developments.

Harmful Aquatic Organisms in Ballast Water

Australia signed the International Convention for the Control and Management of Ships’ Ballast Water and Sediments, subject to ratification, on 29 May 2005.

The Convention will enter in force 12 months after 30 States with combined merchant fleets constituting 35% of the gross tonnage of the world’s merchant shipping have signed the Convention.

The 25th IMO Assembly (November 2007) adopted a resolution which addresses concerns over implementation of the Convention for vessels constructed in 2009, given the uncertainties as to whether type-approved technology would be immediately available for these ships. It allows for certain new ships built in 2009 to be exempted, if such technologies are not available.

The Department of Agriculture, Fisheries and Forestry (DAFF) has primary responsibility for implementation of this Convention in Australia. AMSA is providing advice and assistance to DAFF in working towards Australian ratification of the Convention. It is likely that AMSA will play a role in implementing the Convention, primarily through port State control. Currently DAFF is developing draft legislation for the implementation of the Convention, however this is expected in part to be domestically operational prior to the Convention coming into force internationally.

Anti-Fouling Paints

The International Convention on the Control of Harmful Anti-fouling Systems on Ships 2001 (AFS Convention) will enter into force internationally, and for Australia, on 17 September 2008. The Convention will be given effect in Australia by the Protection of the Sea (Harmful Anti-Fouling Systems) Act 2006, and Marine Orders Part 98 (currently being developed).

The Convention includes certification requirements that will have flag and port State control implications.

The Convention provides that by an effective date of 1 January 2003, all ships shall not apply or re-apply organotin compounds which act as biocides in anti-fouling systems. By 1 January 2008 (effective date), ships either:

  1. shall not bear such compounds on their hulls or external parts or surfaces; or
  2. shall bear a coating that forms a barrier to such compounds leaching from the underlying non-compliant anti-fouling systems.

AMSA has been working in conjunction with the National Registration Authority (NRA) for Veterinary and Agricultural Chemicals, AFFA, Environment Australia, Australian Shipowners Association (ASA) and the Australian Paint Manufacturers Federation to introduce a ban through NRA processes on the use of TBT-based paints for marine purposes. The ban took effect from 31 July 2003.

International Convention for Bunkers Liability

The International Convention on Civil Liability for Bunker Oil Pollution Damage 2001 (the Bunkers Convention) will enter into force internationally on 21 November 2008. The Convention provides for shipowners to be strictly liable for fuel oil spills and requires them to carry compulsory insurance to cover any pollution damage following a fuel oil spill. In accordance with a commitment in the Government’s Oceans Policy, Australia was closely involved in the development of this Convention.

As an interim measure, AMSA has enacted legislation requiring ships entering Australian ports from 6 April 2001 to have documentation on board demonstrating that the ship has insurance coverage, at least to the limit of applicable international treaties.

Implementing legislation was passed on 27 June 2008 and work has commenced to develop subordinate legislation. This will enable Australia to ratify the Convention, with entry into force for Australia then likely to be at or shortly after the international entry into force date.

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Supplementary Fund Protocol

A new Protocol creating a Supplementary Fund that improves the international regime for compensation of victims of oil pollution from oil tankers entered into force in March 2005.

The Supplementary Fund does not replace the existing Fund (the '1992 Fund') but makes available additional compensation to victims in the States that accede to the Protocol. The total amount of compensation available for each incident in the States that are Members of the Supplementary Fund is approximately A$1,500 million. The Supplementary Fund covers incidents that occur after the entry into force of the Protocol. For States that decide to remain in the 1992 Fund, the total amount of compensation available following an incident will be approximately A$405 million.

Implementing legislation was introduced in Parliament on 18 June 2008 and is expected to be in place by the end of 2008.

Wreck Removal Convention

The Nairobi International Convention on the Removal of Wrecks (WRC) was adopted by an IMO Diplomatic Conference on 18 May 2007. The new Convention establishes a sound legal basis for States to remove, or have removed, from their exclusive economic zones (EEZs) wrecks that may pose a hazard to navigation or, because of the nature of their cargo, a threat to marine and coastal environments. The WRC makes shipowners financially liable for the costs of removing hazardous wrecks and to this end requires them to take out insurance or provide other financial security to cover the costs of wreck removal.

Key provisions of the new Convention include:

The Convention will enter into force when ratified by 10 States. An Australian position on possible implementation of the new Convention is currently being developed, in conjunction with States/NT, industry and other stakeholders.

International and National Environment Protection Activity

Greenhouse Gas Emissions from Ships

The 57th session of the IMO Marine Environment Protection Committee (MEPC) agreed, in April 2008, on the fundamental principles for a coherent and comprehensive future IMO framework for a binding greenhouse gas (GHG) instrument for international shipping. Work currently being undertaken by an MEPC Working Group includes the development of a mandatory CO2 Design Index for new ships and the completion of a CO2 Operational Index, as well as further development of mechanisms with GHG-reduction potential for international shipping, including, inter alia: a global levy/hybrid mechanism; emissions trading schemes; and/or so-called clean development mechanisms.

MEPC 58 in October 2008 is expected to approve reduction mechanisms, with a view to them forming part of the future IMO regime applying to all ships. MEPC 58 is also expected to consider the related legal aspects and decide whether the GHG regulations should form part of an existing convention or whether an entirely new instrument should be developed and adopted.

MEPC 58 will also decide on the work needed prior to MEPC 59, to be held in July 2009, when final adoption of a coherent and comprehensive IMO regime to control GHG emissions from ships engaged in international trade is planned.

AMSA is working closely with the Department of Infrastructure, Transport, Regional Development and Local Government (DITRDLG), the Department of Climate Change, and DFAT to provide operational input as necessary and ensure Australia’s position is accurately reflected during IMO deliberations.

Biofouling of Ships

Australia co-sponsored a submission to the IMO Marine Environment Protection Committee (MEPC) in July 2007 raising the issue of translocation of invasive aquatic
species through biofouling of ships, and the Committee agreed to add a new high priority item to the work programme. Biofouling is the undesirable accumulation of micro-organisms, plants and animals on submerged structures, and is becoming increasingly recognized as a pathway for the introduction of marine organisms. Evidence suggests that in some regions (including Port Phillip Bay) more than 50% of marine introductions have occurred through the biofouling pathway. The submission was successful at MEPC, and the Sub-Committee on Bulk Liquids and Gases has now commenced this work by establishing an intersessional Correspondence Group lead by New Zealand, with participation by Australia.

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Ship Strikes with Cetaceans

‘Ship strikes’, i.e., collisions with cetaceans (in particular whales), are recognised as a threat to some vulnerable cetacean populations and increased traffic of faster and larger ships has led to rising concerns over the associated risks for cetaceans.

Australia, Belgium, Italy and several NGO’s presented a joint proposal for consideration at the 57th session in April 2008 seeking to gain support to place ‘ship strikes’ on the Marine Environment Protection Committee (MEPC) work program. In response to the paper, MEPC agreed to add a high-priority item on “Development of a guidance document for minimizing the risk of ship strikes with cetaceans” in the agenda of MEPC 58 (October 2008) with a target completion date of 2010.
AMSA will work with the Cetacean Policy group at DEWHA to coordinate Australia’s future participation in the work.

Amendments to Annex VI (air pollution from ships) of MARPOL 73/78

At its 57th session in April 2008, the IMO Marine Environment Protection Committee (MEPC) completed a major revision of Annex VI of MARPOL (air emissions), and approved proposed amendments for adoption at MEPC 58 in October 2008. The main changes are a progressive reduction in sulphur oxide (SOx) content of fuel with the global sulphur cap to be reduced to 3.50% (currently 4.50%) from 2012, then to 0.50 %, from 2020, subject to a feasibility review to be completed by 2018. The limits in Emission Control Areas (ECAs) will be reduced to 1.00%, beginning in 2010 (currently 1.50 %); and a further reduction to 0.10 % from 2015. In summary, this means that marine diesel oil will replace heavy fuel oil as bunker fuel by 2020, and marine gasoil will be required in ECAs.

In addition there will be progressive reductions in nitrogen oxide (NOx) emissions from marine engines to which the current Annex VI applies.

One of the most controversially debated issues was the application of NOx emission standards to “existing” engines (built before 1 January 2000). After considerable discussion it was agreed that the NOx Technical Code will include a new chapter containing the approach for the reduction of NOx emissions from existing ships, applying an emission limit of 17.0 g/kW for diesel engines (with a power output of more than 5,000 kW and a displacement per cylinder at, or above, 90 litres) that have been installed on a ship constructed on or after 1 January 1990 but prior to 1 January 2000.

Australian Marine Environment Protection Association (AUSMEPA)

The Australian Marine Environment Protection Association (AUSMEPA) was formed in November 1999 by a partnership of concerned government and maritime industry representatives all seeking to increase awareness for the protection of the marine environment. The AUSMEPA mandate is through education to encourage, develop and oversee the voluntary participation of Australians in protecting Australia's precious marine environment and the environment specifically, and the environment generally from all sources of pollution and degradation. AUSMEPA is based upon a Greek marine network initiative – HELMEPA.

AUSMEPA with assistance from AMSA have produced a DVD titled “Welcome to Australia – Protecting our Marine Environment”. The purpose of the DVD is to inform seafarers visiting Australian waters of their roles and responsibilities to ensure the protection of Australia’s unique marine environment. The DVD is available in English, Greek, Spanish, Mandarin and Filipino. Copies are available from AMSA.

AUSMEPA has also commenced a Ship Membership Scheme. The Scheme rewards quality shipping that has demonstrated a good safety record and meets the association’s safety and environmental criteria. To date there are 18 ships flying the AUSMEPA flag when in an Australian port. The first Australian flagged ship, the Iron Monarch, was approved and accepted into the scheme in August 2007.

As part of AUSMEPA’s educational web-based programs, two new programs are currently being developed - Ports and the Marine Environment and Ships and the Marine Environment. Other programs already on the website include Effects of Climate Change on Coral Bleaching, Marine Pests and Threats and Stormwater pollution.

AMSA is a supporter of the AUSMEPA concept and we share common goals for protection of the marine environment. AMSA will continue to support the activities of AUSMEPA as a Board member and by providing educational and other materials along with corporate membership.

National Plan—Research, Development and Technology (RD&T) Program

The National Plan Operations Group (NPOG) is responsible for overseeing the National Plan Research, Development and Technology (RD&T) Program with input from the Environment, Chemical Operations and Oil Operations Working Groups . The objective of the RD&T program is to enable the National Plan to provide the most effective practicable response to oil and chemical pollution incidents in Australia. AMSA provides Secretariat services for these groups, and manages the RD&T contracts, assisting the research teams by providing and/or facilitating technical advice.

The University of Queensland’s Marine Pollution Research & Response Unit is undertaking on behalf of the National Plan a project to examine the cost and net environmental benefit of using biodiesel as a cleaning agent for habitats such as mangroves where access is difficult and physical disturbance by clean-up teams using current methods is potentially more damaging than leaving oil in-situ. The need to address these sensitive habitats was highlighted by the Global Peace spill in Gladstone (January 2006). The project examines the potential of using biodiesel to clean mangrove mud, sand, rock, marine-grade concrete, mangrove pneumatophores, fibreglass and aluminium contaminated with heavy fuel oil. The first phase of the project has shown that palm oil biodiesel and coconut oil biodiesel outperform other agents tested (e.g. Cytosol, Biosolve, automotive degreaser) in a cleaning a range of substrates. Further work such as toxicity testing, net cost and environmental benefit analysis and field trials is currently being considered by AMSA.

The final report for Phase 1 was received by AMSA in June 2008, and further work supported by the National Plan is currently being developed.

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Review of Annex V of MARPOL 73/78

Following an invitation from the United Nations General Assembly, IMO has commenced a review of Annex V of MARPOL 73/78, which contains the regulations dealing with the disposal of garbage from ships. This work is expected to be completed in 2009, and issues to be discussed include:

Ship-to-Ship Transfer of Oil at Sea

The IMO Marine Environment Protection Committee (MEPC) is developing new regulations for inclusion in MARPOL Annex I to prevent pollution during oil transfer operations between ships at sea. MEPC 58 (October 2008) will consider draft amendments developed by the Sub-Committee on Bulk Liquids and Gases Subcommittee. AMSA has participated actively in the discussions, and the draft amendments reflect many of AMSA’s comments and suggestions. Ships greater than 150 gross tons intending to conduct STS oil transfer operations at sea will be required to have onboard a Ship To Ship Transfer Plan approved by the Flag State Administration that is developed to industry best-practice standards. Notification must be made to the relevant coastal State at least 48 hours prior to the commencement of STS oil transfer operations. The regulations will only apply to transfers of oil cargo - bunkering operations will be excluded. Fixed and floating offshore platforms will also be excluded. MEPC will decide whether to apply the notification requirements in the EEZ, territorial sea, or both.

Port Waste Reception Facilities

Under MARPOL 73/78, Australia is required ensure the provision of adequate port waste reception facilities for oily wastes, noxious liquid substances, sewage, garbage and, when Annex VI enters into force for Australia, ozone-depleting substances and exhaust gas cleaning residues.

IMO has developed guidelines for ensuring the adequacy of waste reception facilities including an audit procedure. Ports Australia and AMSA agreed that trial audits based on the IMO guidelines should be conducted. The Port of Melbourne Corporation (PoMC) and Dampier Port Authority (DPA) participated in trial audits in November 2006 and March 2007 respectively.

The outcomes of these trials were reported to the Ports Australia Environment and Sustainability Working Group in August 2007. It was agreed that consideration would be given to building upon these trials to develop a gap analysis framework to assist ports and AMSA to identify necessary improvements in waste reception facilities. A draft framework was presented to the Working Group’s meeting in April 2008 and comments sought from Ports Australia for finalisation by the end of this Financial year. AMSA proposes to carry out gap analyses in two ports in FY2008-09.

Threat Abatement Plan for Marine Debris

‘Injury and fatality to vertebrate marine life caused by ingestion of, or entanglement in, harmful marine debris’ was listed in August 2003 as a key threatening process under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). A key threatening process is a process that ‘threatens or may threaten the survival, abundance or evolutionary development of a native species or ecological community’.

Under the EPBC Act, the Australian Government implements the threat abatement plan (TAP) as it applies to Commonwealth areas and seeks the collaboration of State, Territory and local governments and other stakeholders to implement the TAP as it applies to them. A draft Threat Abatement Plan for the impacts of marine debris on vertebrate marine life was released by the Department of the Environment, Water, Heritage and the Arts on May 14 2008, and will be available for public comment for a period of three months.

AMSA has participated actively and provided input during the process to ensure the obligations of Annex V of the MARPOL Convention are taken into consideration. Relevant proposed action items include:

Marine Bioregional Planning

In 2005 the Australian Government brought its programme of regional marine planning directly under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). The plans are known as Marine Bioregional Plans to reflect the part of the EPBC Act under which they will be established.

Marine Bioregional Planning will assist in understanding the impacts of actions on the Commonwealth marine environment and determining the circumstances under which actions can take place. Marine Bioregional Plans will be developed in each of Australia’s five marine regions – South-east, East, North, North-west and South-west – between 2006 and 2012.

AMSA contributes actively to the development of these plans, particularly regarding consideration of the environmental, social and economic implications of increasing vessel sizes and shipping traffic.

Other National and International Issues

AMSA will continue to introduce, promote or maintain a watching brief on emerging environmental issues relevant to the shipping industry, primarily through the IMO Marine Environment Protection Committee and the International Oil Pollution Compensation Fund. Examples of current and likely future items are:

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last updated: July 2008