Document ID: chunk:federal_register_of_legislation:F2018L00160:body:0:p1
Version: federal_register_of_legislation:F2018L00160
Segment Type: other
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Character Range: 0–2811

AMSA MO 2018/1
Marine Order 95 (Marine pollution prevention — garbage) 2018
I, Michael Kinley, Chief Executive Officer of the Australian Maritime Safety Authority, make this Order under subsection 34(1) of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.
23 February 2018
Michael Kinley
Chief Executive Officer

Division 1 Preliminary
1 Name of Order
1A Commencement
1B Repeal of Marine Order 95 (Marine pollution prevention — garbage) 2013
2 Purpose
3 Power
4 Definitions
5 Application
Division 2 Discharge of garbage — prescribed matters
6 Cargo residue substances
7 Discharge of animal carcasses
8 Cleaning agents or additives
Division 3 Garbage record books and management plans
9 Garbage records — foreign ships
10 Garbage record book — prescribed matters
11 Garbage management plans — foreign ships
12 Garbage management plan — prescribed matter

Division 1 Preliminary

1 Name of Order
       This Order is Marine Order 95 (Marine pollution prevention — garbage) 2018.

1A Commencement
       This Order commences on 1 March 2018.

1B Repeal of Marine Order 95 (Marine pollution prevention — garbage) 2013
       Marine Order 95 (Marine pollution prevention — garbage) 2013 is repealed.

2 Purpose
       This Order:
(a) gives effect to Annex V of MARPOL (which deals with the prevention of pollution by garbage from ships); and
(b) prescribes matters for Part IIIC of the Pollution Prevention Act (which deals with the prevention of pollution by garbage);
(c) provides for some provisions of the Pollution Prevention Act that apply to Australian ships to also apply to foreign ships.

3 Power
       The following provisions of the Pollution Prevention Act provide for this Order to be made:
(a) subsection 32(1) which provides that the regulations may apply to foreign ships provisions of the Act about the record books that are required to be carried by Australian ships;
(b) subsection 32(1B) which provides that the regulations may apply to foreign ships provisions of the Act about the garbage management plans that are required to be kept on board Australian ships;
(c) 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;
(d) paragraph 33(1)(c) which provides for regulations under paragraphs 33(1)(a) and (b) to be made to give effect to MARPOL;
(e) subsection 34(1) which provides that the Authority may make orders for any matter (other than the imposition of penalties) 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