Document ID: chunk:federal_register_of_legislation:F2022L01550:reg:2:p8
Version: federal_register_of_legislation:F2022L01550
Segment Type: reg
Provision Reference: reg 2 (pt 8/16)
Character Range: 35052–37702

(1) does not apply, for the periods mentioned in regulation 13.5.5 of Annex VI, to emissions from a vessel mentioned in subsection (3) if:
(a) the emissions occur in relation to:
 (i) for a newly constructed vessel — the building and sea trials of the vessel; or
 (ii) converting, repairing or maintaining the vessel; or
 (iii) converting, repairing or maintaining, a Tier II engine installed on the vessel; or
 (iv) converting, repairing or maintaining a dual fuel engine on the vessel if the vessel is required for safety reasons not to have gas fuel or gas cargo on board; and
(b) the activities mentioned in subparagraphs (a)(i) to (iv) take place in a shipyard or other repair facility located in a NOx Tier III emission control area; and
(c) the engine meets the Tier II NOx limits; and
(d) the vessel:
 (i) sails directly to or from the shipyard or other repair facility; and
 (ii) does not load or unload cargo; and
 (iii) follows any routeing requirements of the port State in which the shipyard or other repair facility is located.
       (3) The vessels are as follows:
(a) a vessel constructed after 31 December 2015 and operating in the North American Emission Control Area or the United States Carribean Sea Emission Control Area;
(b) a vessel constructed after 31 December 2020 and operating in the Baltic Sea Emission Control Area or the North Sea Emission Control Area;
(c) a vessel operating in a NOx Tier III emission control area not mentioned in paragraphs (a) or (b) if the vessel is constructed after the later of:
 (i) the date of adoption under Annex VI of the emission control area: or
 (ii) the date mentioned, if one is mentioned, in the amendment to Annex VI that designates the emission control area.
       (4) For subsection (3), each of the following terms has the meaning given for that term by paragraph 6 of regulation 13 of Annex VI:
(a) North American Emission Control Area;
(b) United States Carribean Sea Emission Control Area;
(c) Baltic Sea Emission Control Area;
(d) North Sea Emission Control Area.
       (5) An offence against subsection (1) is a strict liability offence.
       (6) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 50 penalty units.

42 Engine status in NOx Tier III emission control areas
       (1) This section applies if the following vessels are operating in a NOx Tier III emission control area:
(a) a regulated Australian vessel;
(b) a recreational vessel with Australian nationality that is ≥24 m long, in accordance with the meaning of length in Annex I, if the vessel is:
 (i) ≥500 GT; or
 (ii) constructed after 31 December 2020.