Document ID: chunk:federal_register_of_legislation:F2016C01069:body:0:p4
Version: federal_register_of_legislation:F2016C01069
Segment Type: other
Provision Reference: 
Character Range: 7922–10785

imposing conditions on approval of an application
           * notifying a decision on an application
           * review of decisions.

9 Equivalents
       (1)A person may apply, in accordance with the application process set out in Marine Order 1 (Administration) 2013, for approval to use an equivalent.
Note   For definitions of equivalent and use, see Marine Order 1 (Administration) 2013.
       (2)AMSA may approve the use of an equivalent if:
(a) it would be at least as effective as compliance with the requirement to which the equivalent is an alternative; and
(b) approving the use of the equivalent would not contravene regulation 5.1 of Annex II.
Division 2 Requirements of Annex II

10 Convention requirements
       A vessel must comply with the requirements of Annex II that apply to the vessel.
Note   For paragraph 5 of regulation 12, AMSA has approved the procedure for testing the efficiency of cargo pumping system mentioned in Appendix V of Annex II. For paragraph 3 of regulation 13, AMSA has approved the ventilation procedures mentioned in Appendix VII of Annex II. For regulation 16, AMSA has approved prewash procedures mentioned in Appendix VI of Annex II.
Division 3 IPP certificates

11 Certificates required
       (1)For subsection 130(3) of the Navigation Act (which enables the regulations to provide that specified vessels are required to have specified pollution certificates), a vessel mentioned in regulation 9.1 of Annex II must have an IPP certificate.
       (2)However, for sections 135 and 136 of the Navigation Act, subsection (1) does not apply to a vessel for which a certificate of fitness mentioned in the BCH Code or the IBC Code is in force.

12 Applying for certificates
       For subsection 131(1) of the Navigation Act (which enables a person to apply to an issuing body for a pollution certificate of a kind specified in the regulations), an IPP certificate is specified.
Note   Division 3 of Marine Order 1 (Administration) 2013 prescribes some general rules about the making and determination of various kinds of applications. Section 17 of that Order provides for internal review of decisions about applications. That section does not apply to decisions about pollution certificates because those decisions are reviewable under subsection 313(1) of the Navigation Act.

13 Criteria for issue of IPP certificates
       For paragraph 132(1)(b) of the Navigation Act, the criteria for issue of an IPP certificate for a vessel are that the vessel:
(a) has been surveyed in accordance with regulation 8 of Annex II; and
(b) complies with the requirements that apply to it under Annex II.

14 Conditions of IPP certificates
       For paragraph 132(2)(a) of the Navigation Act, an IPP certificate is subject to the following conditions:
(a) the vessel and its equipment must be maintained to comply with Annex