Document ID: chunk:federal_register_of_legislation:F2018L00160:body:0:p2
Version: federal_register_of_legislation:F2018L00160
Segment Type: other
Provision Reference: 
Character Range: 2588–5417

for which provision may be made by regulation.

4 Definitions
       In this Order:
animal carcass has the meaning given by Annex V.
Annex III means Annex III of MARPOL
Annex V means Annex V of MARPOL.
cargo residue has the meaning given by Annex V.
Note 1   Some terms used in this Order are defined in Marine Order 1 (Administration) 2013, including:
         * IMO
         * national law
         * Navigation Act
         * MARPOL
         * Pollution Prevention Act.
Note 2   Other terms used in this Order are defined in the Pollution Prevention Act, including:
         * Authority
         * Polar Code.
Note 3   For delegation of the Authority's powers under this Order — see the Australian Maritime Safety Authority (AMSA) website at http://www.amsa.gov.au.
Note 4   Information on obtaining copies of any IMO Resolution, IMO document or other document that is mentioned in this Order is available from the AMSA website Marine Orders link at http://www.amsa.gov.au.

5 Application
       This Order applies to an Australian ship and a foreign ship.
Note   Subsection 33(2) of the Pollution Prevention Act has the effect that this Order does not apply to certain ships covered by Annex V, in a particular area, if a law of a State or the Northern Territory, or the national law, applies Annex V to those ships in that area.
Division 2 Discharge of garbage — prescribed matters

6 Cargo residue substances
       For paragraph 26F(7)(d) and subparagraph 26F(8C)(c)(i) of the Pollution Prevention Act, each substance that is considered harmful to the marine environment in accordance with Appendix I of Annex V is prescribed.

7 Discharge of animal carcasses
       For paragraph 26F(8)(d) of the Pollution Prevention Act:
(a) the animal carcass must have been:
 (i) manually slit or cut so that its thoracic and abdominal cavities are opened; or
 (ii) passed through a comminuter, grinder, hogger, mincer or similar equipment; and
(b) the discharge must comply with section 2.12 of the 2017 Guidelines for the implementation of MARPOL Annex V adopted by IMO Resolution MEPC.295(71) and as amended from time to time.

8 Cleaning agents or additives
       For paragraphs 26F(8A)(c) and 26F(8D)(d) and subparagraph 26F(8C)(c)(ii) of the Pollution Prevention Act, a cleaning agent or additive is prescribed if it:
(a) was in the cargo hold, deck or external surfaces wash water of the ship; and
(b) either:
 (i) is identified as a harmful substance according to the criteria in the Appendix to Annex III; or
 (ii) contains a component that is carcinogenic, mutagenic or reprotoxic.
Division 3 Garbage record books and management plans

9 Garbage records — foreign ships
       For subsection 32(1) of the Pollution Prevention Act, sections 26FA and 26FB of the Act apply to a foreign ship, as if it were an Australian ship,