Document ID: chunk:federal_register_of_legislation:F2022L01550:reg:2:p5
Version: federal_register_of_legislation:F2022L01550
Segment Type: reg
Provision Reference: reg 2 (pt 5/16)
Character Range: 27478–30428

(1) is a strict liability offence.
       (3) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 50 penalty units.

31 Ozone depleting substances record book
       (1) For paragraph 26FET(3)(a) of the Pollution Prevention Act, an ozone depleting substances record book must be:
(a) part of an existing logbook; or
(b) the official logbook; or
(c) an electronic record book.
       (2) For subsections 26FET(3), (7) and (8) of the Pollution Prevention Act, each entry and page in an electronic record book mentioned in paragraph (1)(c) is taken to have been signed by the master of the vessel.
       (3) For paragraphs 26FET(6)(a) and (8)(b) of the Pollution Prevention Act, the following operations or occurrences are prescribed:
(a) recharge, full or partial, of equipment containing ozone depleting substances;
(b) repair or maintenance of equipment containing ozone depleting substances;
(c) discharge of ozone depleting substances to the atmosphere:
 (i) deliberately; or
 (ii) not deliberately;
(d) discharge of ozone depleting substances to land-based reception facilities;
(e) supply of ozone depleting substances to the vessel.
Division 7 EIAPP certificates and nitrogen oxide emissions

32 EIAPP certificates for engines on regulated Australian vessels and recreational vessels with Australian nationality
       (1) This section applies if regulation 13 of Annex VI applies to:
        (a)      a marine diesel engine installed on a regulated Australian vessel or a recreational vessel with Australian nationality; or
        (b)      a marine diesel engine that has undergone a major conversion after installation on a regulated Australian vessel or a recreational vessel with Australian nationality.
       (2) The marine diesel engine must have an EIAPP certificate and associated technical file in accordance with the NOx Technical Code.
Note   Regulation 13 of Annex VI applies to a marine diesel engine with a power output >130 kW.

33 EIAPP certificates for engines on domestic commercial vessels
       (1) This section applies if regulation 13 of Annex VI applies to a marine diesel engine installed on a domestic commercial vessel.
       (2) The marine diesel engine must have an EIAPP certificate and associated technical file in accordance with the NOx Technical Code if:
(a) the engine is installed on the vessel after 31 December 2022; or
(b) the engine undergoes a major conversion after 31 December 2022.
Note   Regulation 13 of Annex VI applies to a marine diesel engine with a power output >130 kW.

34 Application for EIAPP certificate
        A person may apply in accordance with Marine Order 1 (Administration) 2013 for an EIAPP certificate for a marine diesel engine.

35 Issue of EIAPP certificate
        An issuing body may issue an EIAPP certificate for a marine diesel engine if:
(a) the engine has been surveyed in accordance with the NOx Technical Code; and
(b) a