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
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 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.
International Convention for Bunkers Liability
The International Convention on Civil Liability for Bunker Oil Pollution Damage 2001 (the Bunkers Convention) entered into force internationally on 21 November 2008, and for Australia on 16 June 2009. 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. Marine Notice 9 of 2009 was issued to advise industry of the new requirements. AMSA has to date issued some 60 certificates to Australian and foreign registered vessels.
The new legislation is the Protection of the Sea (Civil Liability for Bunker Oil Pollution Damage) Act 2008 (Act No. 76 of 2008) and the Protection of the Sea (Civil Liability for Bunker Oil Pollution Damage) (Consequential Amendments) Act 2008 (Act No. 77 of 2008).
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 internationally in March 2005 and for Australia on 13 October 2009.
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.
Australian implementing legislation is included in the Protection of the Sea Legislation Amendment Act 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 reporting and locating of wrecks in the EEZ of States Parties;
- a provision enabling States to extend the application of the WRC to wrecks in their territory, including the territorial sea;
- the determination of hazard based on a list of specific criteria, including depth of water above the wreck and proximity of shipping routes;
- the rights and obligations to remove hazardous ships and wrecks, in particular when the shipowner is responsible for removing the wreck and when a State may intervene;
- the financial liability of shipowners for the costs of locating, marking and removing wrecks; and
- requirements for shipowners to be insured to cover their liabilities under the WRC.
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 59th session of the Marine Environment Protection Committee (July 2009) continued its work on developing measures to reduce greenhouse gas emissions from ships. The Committee successfully concluded:
- interim guidelines on the method of calculation, and voluntary verification, of the Energy Efficiency Design Index for new ships, which is intended to stimulate innovation and technical development of all the elements influencing the energy efficiency of a ship from its design phase; and
- guidance on the development of a Ship Energy Efficiency Management Plan, for new and existing ships, which incorporates best practices for the fuel efficient operation of ships; as well as guidelines for voluntary use of the Ship Energy Efficiency Operational Indicator for new and existing ships, which enables operators to measure the fuel efficiency of a ship.
It was, however, generally agreed that these technical and operational measures alone will not achieve the required reductions, and that some form of market based measure will also be needed. The two main options being considered are an International Fund for Greenhouse Gas Emissions from Ships and a global emission trading scheme for international shipping. Discussions on these and any other options put forward are expected to continue for the next 2-3 sessions of the Committee. The outcome of MEPC 59 on the GHG issue will be presented to the United Nations conference on climate change to be held in Copenhagen in December 2009.
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.
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.
Following a submission by Australia, Belgium, Italy and several NGO’s in 2008, a high-priority item on “Development of a guidance document for minimizing the risk of ship strikes with cetaceans” was added to the work program of the IMO Marine Environment Protection Committee.
The guidance document was finalised at the Committee meeting in July 2009 and has since been issued as IMO Circular MEPC MEPC.1/Circ.674. The document deals with actions that can be taken at the national level, such as gathering information, education and outreach, technological development, and operational measures including routeing and reporting measures or speed restrictions. The need for co-ordinating such actions with other states is also addressed.
AMSA is currently working with the Cetacean Policy group at DEWHA to identify any appropriate actions for Australia consistent with the advice in MEPC.1/Circ.674.
Amendments to Annex VI (air pollution from ships) of MARPOL
At its 58th session in October 2008, the IMO Marine Environment Protection Committee (MEPC) completed a major revision of Annex VI (air emissions) of MARPOL by adopting amendments that will enter into force internationally on 1 July 2010. 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. The Secretary-General of IMO hailed the landmark achievement as a monumental decision in IMO’s history.
Progressive reductions in nitrogen oxide (NOx) emissions from marine engines were also agreed, with the most stringent controls on so-called "Tier III" engines, i.e. those installed on ships constructed on or after 1 January 2016, operating in Emission Control Areas.
The revised Annex VI will allow for an Emission Control Area to be designated for SOx and particulate matter, or NOx, or all three types of emissions from ships, subject to a proposal from a Party or Parties to the Annex, which would be considered for adoption by IMO, if supported by a demonstrated need to prevent, reduce and control one or all three of those emissions from ships.
It is expected that the necessary amendments to Australian implementing legislation will be passed during 2009.
HNS Convention
The HNS Convention is based on the successful two-tier compensation system for oil spills established under the existing Civil Liability and Fund Conventions. Like those instruments, when in force internationally it will establish a two-tier system for compensation to be paid in the event of accidents at sea, in this case involving hazardous and noxious substances. Tier one would be covered by compulsory insurance taken out by shipowners, who would be able to limit their liability; compensation claims over that amount (i.e. tier two) could be paid from a fund, made up of contributions calculated according to the amount of HNS received.
However, among the obstacles that have discouraged ratification of the Convention, one of the most difficult to overcome has been the requirement for Parties to declare the quantities of HNS received. The sheer range and diversity of hazardous and noxious substances that will be governed by the HNS Convention has made this a complex issue that is hard to resolve in practical terms.
The 95th session of the IMO Legal Committee (April 2009), approved a draft Protocol to the 1996 HNS Convention to address this problem, as well as others thought to be acting as barriers to ratification of the Convention. A Diplomatic Conference to adopt the new Protocol will be held in early 2010.
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.
Australia is participating actively in this work at IMO.
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 was recently updated to include information on the recent changes to MARPOL. 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 32 ships flying the AUSMEPA flag when in an Australian port.
A seafarer training program is currently being developed. The draft program includes items such as ballast water treatment and management, safe stowage of chemical cargoes and safe ship board operations. Initial plans are to run one workshop a month in selected ports. A pilot workshop will be held at the end of March 2009.
As part of AUSMEPA’s educational web-based programs, two new programs have been launched on the website - Ports and the Marine Environment and Ships and the Marine Environment. Both the Australian Shipowners Association and Ports Australia provided significant input into both programs.
Other programs on the AUSMEPA website include Effects of Climate Change on Coral Bleaching, Marine Pests and Threats and Storm Water Pollution.
AUSMEPA has been working with Maritime Safety Queensland and AMSA in the Torres Strait to develop two booklets, one on marine safety and the other on the marine environment. These booklets will be for use in all schools in the Torres Strait and will be specific for the region with local indigenous students assisting with the project.
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 (UQ) 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 developed by AMSA and UQ to commence in 2010. An application for an Australian Research Council Industry Linkage grant is pending which will, if approved, complement the National Plan funding.
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, which contains the regulations dealing with the disposal of garbage from ships. This work is expected to be completed in 2010, and issues being discussed include:
- Clearer regulations for dealing with cleaning residues and cargo hold washings;
- Tighter controls on discharges of dunnage, lining, and packaging materials;
- Management of waste materials from hull cleaning;
- Managing livestock wastes; and
- Including a general prohibition on the discharge of garbage except under the conditions set out in Annex V.
Port Waste Reception Facilities
As a party to the MARPOL Convention, Australia is required to ensure the provision of adequate port waste reception facilities for oily wastes, noxious liquid substances, sewage, garbage, ozone-depleting substances and exhaust gas cleaning residues.
IMO has developed guidelines for ensuring the adequacy of waste reception facilities including an audit procedure. In 2006, 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 conducted by AMSA in November 2006 and March 2007 respectively.
The outcomes of these trials were reported to the Ports Australia Environment and Sustainability Working Group, and at its meeting in 2008 the Group endorsed a framework for AMSA to continue this work as a series of voluntary “gap analyses”. Consequently, a gap analysis in the Port of Sydney was conducted on 27-29 October 2008, and gap analyses are planned for Port Kembla on 19-20 October 2009 and Fremantle on 14-15 December 2009.
AMSA is also coordinating Australia’s input into the IMO Flag State Implementation Sub-Committee’s correspondence group on implementing the IMO Action Plan to Tackle the Inadequacy of Waste Reception Facilities. Outcomes of this group to date include a model advance notification form, model waste delivery receipt and a Guide to Good Practice on the provision and use of waste reception facilities for ports, ships crews and shipping agents. AMSA is working with the port and shipping industry to promote use of these documents where appropriate.
Threat Abatement Plan for Marine Debris
Under the EPBC Act, a Threat Abatement Plan for the impacts of marine debris on vertebrate marine life was issued by the Department of the Environment, Water, Heritage and the Arts in May 2009.
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:
- A review of existing arrangements relevant to the control of marine debris on vessels less than 400 gross tons;
- Proposals to ensure that details of waste reception facilities for ships are included in port environment plans;
- States/NT to examine the effectiveness of legislation relating to the provision of adequate reception facilities for ships waste; and
- Studies of the barriers and incentives to the use of existing port waste reception facilities.
Noise from Commercial Shipping
The 58th session of the IMO Marine Environment Protection Committee (MEPC) in October 2008 approved the inclusion of a new item in the agenda of MEPC 59 (July 2009) on “Noise from commercial shipping and its adverse impacts on marine life” with a target completion date of three or four sessions. The basis for the new item was a proposal by the United States on the development of non-mandatory technical guidelines to minimize the introduction of incidental noise from commercial shipping operations into the marine environment to reduce potential adverse impacts on marine life.
An intersessional Correspondence Group was established by the Committee to identify and address ways to minimize the introduction of incidental noise into the marine environment from commercial shipping to reduce the potential adverse impact on marine life, in particular develop voluntary technical guidelines for ship-quieting technologies as well as potential navigation and operational practices. The group reported progress to MEPC 59 and was re-established to continue its work, and will next report to MEPC 60 in March 2010. AMSA is coordinating Australia’s input to this group which has included expertise from the Defence Science and Technology Organisation and Curtin University.
Limit of Liability under the Bunkers Convention
The recent Pacific Adventurer oil spill and changes in monetary values due to inflation suggest that the limits of liability under the Convention on Limitation of Liability for Maritime Claims (LLMC), which also apply under the Bunkers Convention, are no longer sufficient to address incidents of this kind.
Australia therefore submitted a proposal to the 96th session of the IMO Legal Committee in October 2009 to add a new work program item to consider amending the limits of liability in the LLMC Convention.
The Committee endorsed the addition of an item to its work programme to progress this work. The target completion date is 2011 with an entry-into-force date of 2014.
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.