Consultation was open for 6 weeks from 28 November 2022 to 8 January 2023.
A copy of the draft MO98 was placed on the AMSA website for public comment, with notification provided on social media, including Facebook and Instagram, and the AMSA website. Notification of the public consultation was also emailed to around 350 stakeholders, including vessel operators, recognised organisations, shipping and cargo industry bodies, seafarer representive organisations and relevant government agencies, inviting comments on the proposed changes.
Two responses were received following consultation. Comments concerned the timing of implementation for the revised MO98 and the Australian availability of anti-fouling products containing cybutryne. These comments were considered during the preparation of the final Marine Order, as below.
Key issues arising from feedback and AMSA’s response
In review of the consultation feedback, AMSA identified one key issue, outlined below.
Summary of submissions
Key issue 1: Implementation of the revised MO98 should be delayed to allow industry to find a suitable replacement chemical for cybutryne.
The ban on use of cybutryne in anti-fouling systems is implemented through the Protection of the Sea (Harmful Anti-fouling Systems) Act (the HAFS Act), not via the proposed changes to MO98. Amendments to the HAFS Act to implement the ban on cybutryne have been completed and the ban entered into force in Australia, and internationally, on 1 January 2023. Therefore, delaying the implementation of the revised MO98 would not delay the ban or allow industry additional time to find a replacement for cybutryne.
There is no indication that cybutryne is actively used in anti-fouling systems within Australia, and the ban is expected to have minimal impact on Australian industry.