Document ID: chunk:federal_register_of_legislation:F2022L01550:reg:2:p6
Version: federal_register_of_legislation:F2022L01550
Segment Type: reg
Provision Reference: reg 2 (pt 6/16)
Character Range: 30198–32801

for a marine diesel engine.

35 Issue of EIAPP certificate
        An issuing body may issue an EIAPP certificate for a marine diesel engine if:
(a) the engine has been surveyed in accordance with the NOx Technical Code; and
(b) a technical file in accordance with the NOx Technical Code has been approved by the issuing body; and
(c) the emissions from the engine have been measured in accordance with the NOx Technical Code and the measurements indicate that the emissions from the engine are likely to be within the limits set out in regulation 13 of Annex VI for the operation of the engine.
Note   Sections 17 and 18 of Marine Order 1 (Administration) 2013 provide for review of decisions that are made in accordance with the application process in that Marine Order.

36 Commencement and duration of EIAPP certificates
       (1) An EIAPP certificate comes into force on the day it is issued and remains in force for the life of the engine.
       (2) However, the certificate ceases to be in force if;
(a) the engine undergoes a major conversion; or
(b) the onboard NOx verification procedures required by the NOx Technical Code:
 (i) have not been carried out; or
 (ii) show that the engine:
  (A) does not conform to its technical file; or
  (B) no longer complies with regulation 13 of Annex VI.

37 Taking vessels to sea without required documents
       (1) A person commits an offence if:
(a) the person takes a vessel to sea, or causes or permits another person to take the vessel to sea; and
(b) there is installed on the vessel a marine diesel engine to which regulation 13 of Annex VI applies; and
(c) section 32 or 33 requires the engine to have an EIAPP certificate and technical file; and
(d)  the marine diesel engine does not have an EIAPP certificate and technical file.
Penalty: 50 penalty units.
       (2) An offence against subsection (1) is a strict liability offence.
       (3) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 50 penalty units.

38 Documents to be kept on board vessels
       (1) A person commits an offence if:
(a) the person is the owner of a vessel; and
(b) there is installed on the vessel a marine diesel engine to which regulation 13 of Annex VI applies; and
(c) the marine diesel engine has an EIAPP certificate and technical file required by section 32 or 33; and
(d) the EIAPP certificate and technical file are not kept on board the vessel.
Penalty: 50 penalty units.
       (2) An offence against subsection (1) is a strict liability offence.
       (3) A person is liable to a civil penalty if the