Document ID: chunk:federal_register_of_legislation:F2025L00076:body:0:p4
Version: federal_register_of_legislation:F2025L00076
Segment Type: other
Provision Reference: 
Character Range: 7898–10589

(c)  a recreational vessel; or
(d)  a domestic commercial vessel.
      1.           This Marine Order does not apply to a vessel that is owned or operated by a country other than Australia and used, for the time being, on government non-commercial service.
      2.           Division 3 does not apply to a vessel that is:
(a) a foreign vessel; or
(b) a recreational vessel that does not have Australian nationality.
       (4) For this Marine Order, Annex I is taken to apply to a vessel that is owned and operated by the Commonwealth and is used, for the time being, on government non-commercial service.
Note   The application of this Marine Order is subject to subsection 33(2) of the Pollution Prevention Act and section 12 of the Navigation Act. Those provisions have the effect that parts of this Marine Order that give effect to parts of MARPOL do not apply to certain vessels in an area if a law of a State or the Northern Territory or the Marine Safety (Domestic Commercial Vessel) National Law gives effect to the same parts of MARPOL for vessels in the area.

7 Exemptions and waivers
       (1) An owner of a vessel (other than a foreign vessel) may apply for an exemption from a requirement of this Marine Order, in accordance with the application process set out in Marine Order 1 (Administration) 2013, in relation to:
(a) a vessel mentioned in regulation 3.1 of Annex I; or
(b) a vessel mentioned in regulation 3.7 of Annex I.
       (2) For paragraph (1)(a) — AMSA may give an exemption if satisfied that the construction and equipment of the vessel provides equivalent protection against pollution by oil, having regard to the service for which the vessel is intended.
       (3) For paragraph (1)(b) — AMSA may give an exemption for a period not exceeding 5 years, if AMSA is satisfied that the vessel:
(a) is a barge; and
(b) is not propelled by mechanical means; and
(c) carries no oil; and
(d) has no machinery fitted that uses oil or generates oil residue (sludge); and
(e) has no fuel tank, lubricating oil tank, oily bilge water holding tank and oil residue (sludge) tank; and
(f) has neither persons nor living animals on board.
Note   AMSA may give an exemption in the form set out in Appendix IV to Annex I being an IOPP exemption certificate for unmanned non-self-propelled (UNSP) barges.
       (4) AMSA may give a waiver in accordance with regulation 3.4, 3.5, 3.6 or 14.5 of Annex I.
Note   Marine Order 1 (Administration) 2013 deals with the following matters about exemptions and equivalents:
           * making an application
           * seeking further information about an application
           * the time allowed for consideration of an application