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Consultation—Marine Order 97 (Marine pollution prevention – air pollution) Amendment Order 2019

We want to know what you think about the prevention of air pollution from vessels.

The POTS Act Amendment Bill is now available at the following link:

The consultation closed on 30 October 2019.

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 applies to regulated Australian vessels, domestic commercial vessels, recreational vessels and foreign vessels.

The proposed Amendment Order amends Marine Order 97.

Key changes

The proposed Marine Order 97 (Marine pollution prevention – air pollution) Amendment Order 2019 will:

  • Update the prescribed limit for sulphur content in fuel oil to remove expired limits (effective 1 January 2020).
  • Implement provisions for the prohibition of carriage of non-compliant fuel on board (effective 1 March 2020).
  • Provide for the use of a MARPOL Annex VI approved equivalent (eg exhaust gas cleaning system (EGCS)) not just inside but also outside an emission control area (ECA) for Australian ships and for foreign ships within Australian waters as an alternative to using compliant fuel.
  • Mandate fuel oil non-availability reporting (FONAR) for Australian ships both inside and outside ECAs and foreign ships within Australian waters.
  • Clarify requirements related to bunker supply to vessels.

Commencement

It is intended that the amendments will commence on 1 January 2019 and 1 March 2019 as relevant synchronising with commencement of the Protection of the Sea (POTS) Act Amendment Bill to give effect to the International Convention for the Prevention of Pollution from Ships (MARPOL) VI amendments.

Consultation papers

Last updated: 21 January 2021