Consultation feedback report - Marine Order 98 reissue

This feedback report summarises submissions we received on the proposed changes to Marine Order 98.
2 March 2023

Marine Order 98 (Marine pollution – anti-fouling systems) 2023 is a reissue of Marine Order 98 (Marine pollution – anti-fouling systems) 2013. The commencement date of the reissued Marine Order is 1 March 2023.


The review of Marine Order 98 (MO98) looked to give effect to amendments to the International Convention on the Control of Harmful Anti-fouling Systems on Ships (AFS Convention) which ban the use of cybutryne in anti-fouling systems on ships and update the form of the International Anti-fouling System Certificate (IAFS Certificate) to reflect this ban. The review also sought to give effect to the revised Guidelines for the survey and certification of anti-fouling systems on ships, which have also been updated to reflect the ban on cybutryne.

The main changes made as part of this review are:

  • Removal of the form of the IAFS Certificate so it can be updated to reflect the ban on use of cybutryne in anti-fouling systems and published on the AMSA website
  • Removal of the form of the Notice of Alteration or Damage to an Australian Ship and the form of the Declaration on Anti-fouling Systems for publication on the AMSA website
  • Replacement of the reference to the 2010 Guidelines for survey and certification of anti-fouling systems on ships with reference to the 2022 Guidelines for survey and certification of anti-fouling systems on ships.

The review of MO98 is consequential to amendments to the Protection of the Sea (Harmful Anti-fouling Systems) Act 2006 (HAFS Act) to add cybutryne to the list of banned substances. These amendments were managed by the Department of Infrastructure, Transport, Regional Development, Communications and the Arts (DITRDCA) and entered into force on 1 January 2023. 

Consultation approach

AMSA seeks to have effective and respectful two-way communications with our regulated community. Consultation for MO98 was open to the public and a broad range of stakeholders covering various industry groups within the maritime industry. Public consultation was supported by an awareness campaign to ensure as many industry participants as possible were made aware of the requirements and provided an opportunity to comment on the proposed changes to MO98. 

AMSA also engaged directly with targeted stakeholder groups to build familiarity and preparedness for the new requirements resulting from the changes proposed to MO98. Existing and established AMSA committees, including the National Safety Committee (NSC) and Regional Safety Committee (RSC) were also advised on the proposed new requirements.

Public consultation 


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

Public consultation220

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. 

Further information

If you require further information, please contact AMSA Connect.

Last updated: 10 March 2023