Marine Order 95 (Marine pollution prevention — garbage) 2018 (Cth)

AMSA MO 2018/1 Marine Order 95 (Marine pollution prevention — garbage) 2018 I, Michael Kinley, Chief Executive Officer of the Australian Maritime Safety Authority, make this Order under subsection 34(1) of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983. 23 February 2018 Michael Kinley Chief Executive Officer

Division 1 Preliminary 1 Name of Order 1A Commencement 1B Repeal of Marine Order 95 (Marine pollution prevention — garbage) 2013 2 Purpose 3 Power 4 Definitions 5 Application Division 2 Discharge of garbage — prescribed matters 6 Cargo residue substances 7 Discharge of animal carcasses 8 Cleaning agents or additives Division 3 Garbage record books and management plans 9 Garbage records — foreign ships 10 Garbage record book — prescribed matters 11 Garbage management plans — foreign ships 12 Garbage management plan — prescribed matter

Division 1 Preliminary

1 Name of Order This Order is Marine Order 95 (Marine pollution prevention — garbage) 2018.

1A Commencement This Order commences on 1 March 2018.

1B Repeal of Marine Order 95 (Marine pollution prevention — garbage) 2013 Marine Order 95 (Marine pollution prevention — garbage) 2013 is repealed.

2 Purpose This Order: (a) gives effect to Annex V of MARPOL (which deals with the prevention of pollution by garbage from ships); and (b) prescribes matters for Part IIIC of the Pollution Prevention Act (which deals with the prevention of pollution by garbage); (c) provides for some provisions of the Pollution Prevention Act that apply to Australian ships to also apply to foreign ships.

3 Power The following provisions of the Pollution Prevention Act provide for this Order to be made: (a) subsection 32(1) which provides that the regulations may apply to foreign ships provisions of the Act about the record books that are required to be carried by Australian ships; (b) subsection 32(1B) which provides that the regulations may apply to foreign ships provisions of the Act about the garbage management plans that are required to be kept on board Australian ships; (c) paragraphs 33(1)(a) and (b) which provide for regulations to be made prescribing matters required or permitted to be prescribed, or that are necessary or convenient to be prescribed for carrying out or giving effect to the Act; (d) paragraph 33(1)(c) which provides for regulations under paragraphs 33(1)(a) and (b) to be made to give effect to MARPOL; (e) subsection 34(1) which provides that the Authority may make orders for any matter (other than the imposition of penalties) for which provision may be made by regulation.