Document ID: chunk:federal_register_of_legislation:F2025L00076:body:0:p2
Version: federal_register_of_legislation:F2025L00076
Segment Type: other
Provision Reference: 
Character Range: 2724–5607

on 24 February 2025.

1B Repeal of Marine Order 91 (Marine pollution prevention—oil) 2014
        Marine Order 91 (Marine pollution prevention — oil) 2014 is repealed.

2 Purpose
        This Marine Order:
(a) gives effect to parts of Annex I of MARPOL; and
(b) prescribes matters for Chapter 4 of the Navigation Act; and
(c) prescribes matters for Part II of the Pollution Prevention Act.

3 Power
       (1) This Marine Order is made under both the Navigation Act and the Pollution Prevention Act.
       (2) The following provisions of the Navigation Act provide for this Marine Order to be made:
(a) section 130 which provides that the regulations may provide for pollution certificates;
(b) section 314 which provides that the regulations may prescribe various matters about certificates;
(c) subsection 339(1) which provides 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 340(1)(c) which provides that the regulations may provide for giving effect to MARPOL;
(e) subsection 342(1) which provides that AMSA may make orders about matters that can be provided for by regulations;
(f) subsection 342(4) allows a Marine Order to provide for any matter by applying, adopting or incorporating any matter contained in an instrument or other document in force or existing from time to time.
       (3) The following provisions of the Pollution Prevention Act provide for this Marine Order to be made:
(a) 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;
(b) paragraph 33(1)(c) which provides for regulations under paragraphs 33(1)(a) and (b) to be made to give effect to MARPOL;
(c) subsection 34(1) which provides that AMSA may make orders for any matter (other than the imposition of penalties) for which provision may be made by regulation.

4 Definitions
        In this Marine Order:
Annex I means Annex I to MARPOL.
Condition Assessment Scheme means the Condition Assessment Scheme adopted by IMO Resolution MEPC.94(46), as amended from time to time.
IOPP certificate means a certificate that is:
(a) a pollution certificate mentioned in subsection 10(1) relating to vessel structure, systems, fittings, arrangements and material or equipment; and
(b) in the form of the International Oil Pollution Prevention Certificate set out in Appendix II of Annex I.
Note 1   Some terms used in this Marine Order are defined in Marine Order 1 (Administration) 2013, including:
         * equivalent
         * IMO
         * MARPOL
         * Navigation Act
         * Pollution Prevention Act
         * SOLAS.
Note 2   Other terms used in this Marine Order