We want to know what you think about proposed changes to air pollution regulations.

Marine order 97 (Marine pollution prevention – air pollution) 2013 deals with the prevention of air pollution from vessels and gives effect to MARPOL Regulations for the Prevention of Air Pollution from Ships (Annex VI).

This marine order applies to regulated Australian vessels (RAVs), domestic commercial vessels (DCVs), recreational vessels and foreign vessels.
 

Consultation closed on 20 March 2022
Key changes

The key proposed changes in the marine order are as follows.

  1. From the date the order takes effect, anticipated to be on 1 January 2023: 
    • a diesel engine with a power output of more than 130 kW installed on an existing or new DCV will be required to have an engine international air pollution prevention (EIAPP)  certificate and associated technical file.
    • an existing diesel engine with a power output of more than 130 kW already installed on DCVs will not require an EIAPP certificate. However, if a DCV proceeds on an overseas voyage, it will no longer be a DCV. All vessels proceeding on an international voyage (for example to undertake maintenance or on a delivery voyage) will be required to have an EIAPP certificate and associated technical file for each diesel engine with a power output of more than 130 kW installed on the vessel. 
    • diesel engine suppliers will be required to provide an EIAPP certificate and the technical file with any new diesel engine—with a power output of more than 130 kW—sold for installation on a DCV.  
    • people carrying out a major conversion of a diesel engine with power output more than 130 kW for use on a DCV, will be required to supply an EIAPP certificate and the technical file for that converted engine. 
  2. Vessels of 400 gross tonnage and above proceeding on an overseas voyage (for example to undertake maintenance or on a delivery voyage), will be required to hold an international energy efficiency (IEE) certificate and an international air pollution prevention (IAPP) certificate.   
  3. Deliberate emissions of ozone depleting substances (for example certain refrigerants) from DCVs, RAVs, foreign vessels and all recreational vessels will be prohibited. 
  4. When records for using ozone depleting substances are required to be kept, electronic record books will be an option. This option will also be available for NOx emission and fuel oil changeover records when applicable.
  5. Requirements for local fuel oil suppliers will be made more consistent with MARPOL Annex VI and the Pollution Prevention Act. 

Commencement

It is intended that the new Marine order 97 (Marine pollution prevention – air pollution) 2022 will commence on 1 January 2023.

Who will the changes affect?

There will be obligations for:

  • suppliers of marine diesel engines with a power output of over 130kW
  • suppliers of marine fuel oils
  • people intending to construct a new DCV where diesel engines with power output more than 130 kW will be installed
  • owners of an existing DCV who installs a new diesel engine with power output more than 130 kW on the vessel
  • owners of a DCV where an existing diesel engine with power output more than 130 kW undergoes a major conversion
  • owners of a DCV with gross tonnage of 400 and over
  • owners, operators, and agents of RAVs and recreational vessels with Australian nationality.

Consultation papers