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.
Environment Protection Conventions And Legislation
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.
Australia has applied ballast water management requirements in Australian waters since 2001 and the Department of Agriculture, Fisheries and Forestry (DAFF) is the lead agency. DAFF is currently preparing legislation and operational procedures to establish national ballast water management arrangements and ratify the Ballast Water Management Convention. The ballast water arrangements are being incorporated into new biosecurity legislation being developed by the Department as part of a biosecurity reform agenda. It is expected that an exposure draft of the new legislation will be released prior to introduction into Parliament in 2012.
It is likely that AMSA will play an operational role in implementing the Convention, primarily through port State control.
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. The limit of liability is as provided in the Convention on Limitation of Liability for Maritime Claims, as amended.
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 assessment of whether Australia should adopt the new Convention will be undertaken, in conjunction with States/NT, industry and other stakeholders.
Review of Annex V of MARPOL
A revised text of Annex V of MARPOL – Regulations for the Prevention of Pollution by Garbage from Ships – was adopted at the 62nd session of the IMO Marine Environment Protection Committee in July 2001. The amended regulations will enter into force internationally on 1 January 2013. Amendments will be required to the Commonwealth Protection of the Sea (Prevention of Pollution from Ships) Act 1983 to give effect to the regulations. Once implemented, the legislation will apply to all Australian waters, including State/NT waters until each jurisdiction implements complementary legislation.
The main change is the inclusion of a new requirement specifying that discharge of all garbage into the sea is prohibited, except as expressly provided otherwise. The discharges permitted in certain limited circumstances include:
- food wastes (3 nautical miles from the nearest land if treated, 12 nautical miles if not);
- cargo residues (12 nautical miles from the nearest land);
- water used for washing deck and external surfaces containing cleaning agents or additives which are not harmful to the marine environment;
- animal carcasses providing the discharge is as far as possible from the nearest land, taking into account guidelines that are currently being developed by IMO.
Other changes include the expansion of the requirements for placards and garbage management plans to fixed and floating platforms engaged in exploration and exploitation of the sea-bed.
The total prohibition on the disposal of all garbage, with only these minor exceptions, is expected to increase demand for garbage waste reception facilities in ports. AMSA has advised Ports Australia, waste removal contractors in ports, and the Australian Quarantine and Inspection Service to ensure the impact of the new regulations is taken into account in forward planning.
Amendments to MARPOL - Ship-to-Ship (STS) Transfer of Oil at Sea
On 4 August 2011, the Protection of the Sea (Prevention of Pollution from Ships) Amendment (Oil Transfers) Act 2001 received Royal Assent (Act number 90 of 2011). The Act gives effect to amendments to Annex I of the International Convention for the Prevention of Pollution from Ships (MARPOL) designed to prevent pollution during oil transfer operations between ships at sea entered into force internationally. From 1 April 2012, ships greater than 150 gross tons intending to conduct STS oil transfer operations at sea (within a country’s exclusive economic zone) 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 are excluded. Fixed and floating offshore platforms are also excluded.
Amendments to MARPOL - Carriage of Heavy Fuel Oil in Antarctic Waters
The 59th session of the IMO Marine Environment Protection Committee in July 2009 adopted amendments to MARPOL Annex I on special requirements for the use or carriage of oils in the Antarctic area.
The amendments will prohibit the carriage in bulk as cargo, or carriage and use as fuel, of: crude oils having a density at 15°C higher than 900 kg/m3; oils, other than crude oils, having a density at 15°C higher than 900 kg/m3 or a kinematic viscosity at 50°C higher than 180 mm2/s; or bitumen, tar and their emulsions. An exception is included for vessels engaged in securing the safety of ships or in a search and rescue operation.
The amendments will be given effect by the Protection of the Sea (Prevention of Pollution from Ships) Amendment (Oils in the Antarctic Area) Bill 2011 currently before Parliament.
Contacts: AMSA – Paul Nelson ph: 02 62795040 email: pen@amsa.gov.au
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 annually.
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 packaged HNS received annually. 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.
To address these issues, an International Conference on the revision of the HNS Convention was held at IMO headquarters in London in April 2010. The Conference successfully concluded an amending Protocol that will enter into force when accepted by 12 States, including four with not less than 2 million units of gross tonnage each, and with a combined total of at least 40 million tonnes of contributing cargo.
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 the difficulties outlined above. Domestic consultations with a view to Australian adoption of the revised HNS Convention have commenced and are being lead by the Department of Infrastructure and Transport.
Limit of Liability under the Bunkers Convention
The 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 programme to progress this work, and discussion with regard to potential amendments to the LLMC Convention will be undertaken at the Committee’s 99th session in April 2012.
Greenhouse Gas Emissions from Ships
The 62nd session of the IMO Marine Environment Protection Committee in July 2011 adopted mandatory measures to reduce emissions of greenhouse gases (GHGs) from international shipping, representing the first ever mandatory global greenhouse gas reduction regime for an international industry sector. This was again a controversial issue, and the Committee was unable to complete all of its agenda due to lengthy debates and negotiations. The text ultimately adopted following a vote late on the final day was based on a joint submission by Australia and several other countries. The text included several compromise provisions to address the concerns of the developing countries that had argued for several years that the amendments should reflect the principles of Common But Differentiated Responsibility from the United National Framework Convention on Climate Change (UNFCCC).
The amendments to MARPOL Annex VI Regulations for the prevention of air pollution from ships, add a new chapter 4 to Annex VI on Regulations on energy efficiency for ships to make mandatory the Energy Efficiency Design Index (EEDI), for new ships, and the Ship Energy Efficiency Management Plan (SEEMP) for all ships. The EEDI is a non-prescriptive, performance-based mechanism that leaves the choice of technologies to use in a specific ship design to the industry. As long as the required energy-efficiency level is attained, ship designers and builders would be free to use the most cost-efficient solutions for the ship to comply with the regulations. The SEEMP establishes a mechanism for operators to improve the energy efficiency of ships. Other amendments to Annex VI add new definitions and the requirements for survey and certification, including the format for the International Energy Efficiency Certificate.
The regulations apply to all ships of 400 gross tonnage and above and are expected to enter into force on 1 January 2013. The EEDI will reduce over three phases - 2015, 2020 and 2025 – with the amount of reduction to vary according to ship type.
A detailed Fact Sheet on these amendments is located on AMSA’s web site. Consideration of potential market-based mechanisms to reduce GHG emissions from ships will continue at the Committee’s next session in February 2012.
INTERNATIONAL AND NATIONAL ENVIRONMENT PROTECTION ACTIVITY
Biofouling of Ships
Australia co-sponsored a submission to IMO’s 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 was tasked to develop best practice measures, including practical guidelines, to minimize the transfer of invasive aquatic species through biofouling of ships. This work was completed at the 62nd session of the Marine Environment Protection Committee in July 2011 with the adoption of the “Guidelines for the Control and Management of Ships Biofouling to Minimize the Transfer of Invasive Aquatic Species”. The Department of Agriculture Fisheries and Forestry will consult with Commonwealth government agencies, State/NT governments and industry on the best way to undertake implementation of the new Guidelines.
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 MEPC.
The guidance document was finalised at the Committee meeting in July 2009 and has since been issued as IMO Circular 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 the Department of Sustainability, Environment, Water, Population and Communities to identify any appropriate actions for Australia consistent with the advice in MEPC.1/Circ.674. A Marine Notice summarising the contents of the IMO Circular was issued by AMSA in August 2011.
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.
The 50th AUSMEPA Board and Advisory Committee meeting was held in Brisbane in July 2011. Issues discussed included:
- difficulties and confusion for masters (especially WA jurisdiction) with differing environmental regulations;
- AMSA to provide additional information on new MARPOL regulations relating to greenhouse gas emissions and disposal of garbage; and
- The need to emphasise the message that shipping remains the least polluting transport industry.
AUSMEPA is seeking nominations to replace current Executive Director Mike Julian, who will retire in October 2011.
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 and Dampier Port Authority 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 were completed in Port Kembla in October 2009, Fremantle in December 2009 and Port Hedland in October 2010. It is expected that a further gap analysis will be undertaken in Townsville before the end of 2011.
Threat Abatement Plan for Marine Debris
Under the Environment Protection Biodiversity and Conservation Act, a Threat Abatement Plan for the impacts of marine debris on vertebrate marine life was issued 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. AMSA continues to work with the Department of Sustainability, Environment, Water, Population and Communities on the implementation of the Plan.
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 IMO’s 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. The Group reported progress to MEPC 61 in October 2010, and was re-established to continue its work and will provide a written report to MEPC 63 in February 2012. AMSA has coordinated Australia’s input to this group which has included expertise from the Defence Science and Technology Organisation and Curtin University.