AMSA seeks to have effective and respectful two-way communications with our regulated community. Consultation for MO97 was open to the public and a broad range of stakeholders covering various industry groups within the maritime industry. Public consultation for both phases one and two were supported by an extensive 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 MO97.
AMSA also engaged directly with targeted stakeholder groups to build familiarity and preparedness for new requirements resulting from the changes proposed to MO97. An information session was run on the new EEXI and CII requirements targeted at owners and operators of relevant regulated Australian vessels (RAV). Direct consultation was undertaken with suppliers of marine diesel engines to DCVs and recreational vessels to build awareness of the proposed new requirement for suppliers to provide customers with EIAPP certificates. Existing and established AMSA committees, including the National Safety Committee (NSC) and Regional Safety Committee (NSC) were also advised on proposed new requirements.
Public Consultation
Overview
Both consultation phases were for eight weeks - 24 January to 20 March 2022 and 16 August to 9 October 2022.
A copy of the draft MO97 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 650 stakeholders, including vessel operators, recognised organisations, shipping and cargo industry bodies, seafarer representative organisations and relevant government agencies, inviting comments on the proposed changes on each occasion.
Eight responses were received following the first consultation and two following the second. From the first consultation comments were received on the EIAPP certificate requirements. These comments were taken into account in the preparation of the draft for the second consultation. Following the second consultation, comments were received on the acceptance of group/family EIAPP certificates and the application of energy efficiency requirements to vessels undertaking occasional overseas voyages. 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 11 key issues, 8 through the first review and 3 through the second review, outlined below.
Phase one review - Summary of submissions
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Activity
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Received
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Confidential
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Public
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Public Consultation
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8
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8
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0
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Key issue 1: The EIAPP certificate requirements should not apply to existing engines on DCVs operating within Australia as the requirements are onerous, expensive, and difficult or sometimes impossible to obtain from the manufacturers.
Response: For DCVs, only engines installed after 31 December 2022 will require an EIAPP certificate. All engines installed before 1 January 2023 will not require an EIAPP certificate. Therefore, existing DCV-installed engines are exempted.
From 1 January 2023, the engine supplier and any person who carries out a major conversion on an engine is responsible for providing an EIAPP certificate to the owner of the DCV or recreational vessel.
Key issue 2: The EIAPP certificate requirements should not apply to engines down to 130 kW on small vessels.
Response: Emission depends on engine power output rather than vessel size. MARPOL is an international treaty, and Australia is a signatory to it. MARPOL requires an EIAPP certificate for any diesel engine with a power output of more than130 kW. Under treaty obligation, Australia must implement this MARPOL requirement for all ships, including DCVs
Key issue 3: The term “major conversion” is open to interpretation.
Response: “Major conversion” is defined in the draft MO97, which points to the definition in MARPOL Annex VI. Therefore, there is no scope for interpretation.
Key issue 4: EIAPP certificate requirements should apply to all engines, and like-for-like replacement engines should not be exempt from the EIAPP certificate requirements.
Response: MO97 requires all new marine diesel engine installations and major conversions to be issued with an EIAPP certificate, including identical replacement engines as defined by regulation 13 of MARPOL Annex VI. For DCVs, this requirement applies from 1 January 2023.
Key issue 5: The lead time for MO97 may require some provision/exemption to assist with the transition.
Response: A number of the updates to MO97 seek to clarify existing requirements. For example, the requirement to hold an EIAPP certificate was first introduced into Australian legislation in 2007. The updates to MO97 seek to clarify the application of these requirements to DCVs, RAVs and recreational vessels. Regardless, an exemption from the EIAPP certificate requirements was provided to DCVs while MO97 was reviewed.
For new requirements, there has been enough lead time, and industry has been made aware of these changes since mid-2020.
Key issue 6: Whoever carries out a “major conversion” should be responsible for supplying the EIAPP certificate.
Response: MO97 places an obligation on whoever carries out a major conversion to supply the EIAPP certificate for DCVs and recreational vessels.
Key issue 7: MO97 is not written with DCV in mind, making it hard for the DCV industry to understand and comply.
Response: The difficulty for the domestic industry to understand MO97 is noted. However, any legislation has a degree of inherent complexity, and MO97 was drafted to make it less complex where possible, keeping in mind the domestic industry as an end user. AMSA ran an education campaign for the DCV industry commencing in mid-2020 to build industry familiarity with MO97. In addition, guidance materials will be published on the ASMA website to help industry understand and comply with the requirements.
Phase two review - Summary of submissions
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Activity
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Received
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Confidential
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Public
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Public Consultation
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2
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2
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0
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Key issue 8: EIAPP certification for an engine family or group should be accepted instead of requiring vessels to obtain engine-specific EIAPP certificates.
Response: MO97 continues to allow for EIAPP certificates to be issued for an engine family or group. It permits an issuing body to issue an EIAPP certificate for a marine diesel engine surveyed in accordance with the NOx Technical Code (section 35 of draft MO97). Chapter 4 of the NOx Technical Code permits certification for an engine family or group for serially manufactured engines to avoid emission testing of every engine for compliance.
Key issue 9: Vessels engaged on occasional overseas voyages for dry docking should not be required to comply with the requirements of chapter 4 of MARPOL Annex VI.
Response: Australia's implementation of chapter 4 of MARPOL Annex VI is in line with the international regulations outlined in MARPOL Annex VI. Marine Order 97 will apply the requirements of MARPOL Annex VI Chapter 4 to all relevant ship types of 400 gross tonnage and above that undertake international voyages, including vessels on occasional overseas voyages for routine maintenance, such as dry docking.
In Particular, RAVs are able to undertake overseas voyages at any time, so MO97 applies the regulations of MARPOL per the Convention to ensure these vessels are certified to meet international requirements at all times.
In line with circular MEPC.1/Cir.863, AMSA would consider the exemption of DCVs from the requirements of Chapter 4 of MARPOL Annex VI on a case-by-case basis, where the vessel must undertake an overseas voyage owing to exceptional circumstances. An exemption application should be made through the vessel's classification society in line with AMSA's procedures.
Key issue 10: A definition of ‘overseas voyage’ should be included in MO97.
Response: As noted under section 4 of draft MO97, some terms used in draft MO97 are defined in the Navigation Act 2012. This includes ‘overseas voyage’, which is defined under section 16 of the Navigation Act.
