Victorian Current Acts Victorian Current ActsAPPENDIX
GUIDELINES FOR THE IDENTIFICATION OF HARMFUL SUBSTANCES IN PACKAGED FORM
For the purposes of this Annex, substances identified by any one of the following criteria are harmful substances:
—Bioaccumulated to a significant extent and known to produce a hazard to aquatic life or to human health (Hazard Rating "+" in column A*); or
—bioaccumulated with attendant risk to aquatic organisms or to human health with a short retention of the order of one week or less (Hazard Rating "Z" in column A*); or
—liable to produce tainting of seafood (Hazard Rating "T" in column A*); or
—highly toxic to aquatic life, defined by a LC50/96** hour less than 1 ppm (Hazard Rating "4" in column B*).
(*Reference is made to the Composite List of Hazard Profiles, prepared by the IMO/FAO/UNESCO/WMO/WHO/LAEA/UN/UNEP Joint Group of Experts on the Scientific Aspects of Marine Pollution (GESAMP) which is circulated annually by the Organization by means of BCH circulars to all IMO Member States.
** The concentration of a substance which will, within the specified time
(generally 96 hours), kill 50% of the exposed group of test organisms. LC50 is
often specified in mg/1 (parts per million (ppm)).
Sch. 1 Annex 4 inserted by No. 46/1991 s. 35.
REGULATIONS FOR THE PREVENTION OF POLLUTION BY SEWAGE FROM SHIPS
Definitions
For the purposes of the present Annex:
(1) "New ship" means a ship:
(a) for which the building contract is placed, or in the absence of a building contract, the keel of which is laid, or which is at a similar stage of construction, on or after the date of entry into force of this Annex; or
(b) the delivery of which is three years or more after the date of entry into force of this Annex.
(2) "Existing ship" means a ship which is not a new ship.
(3) "Sewage" means:
(a) drainage and other wastes from any form of toilets, urinals, and WC scuppers;
(b) drainage from medical premises (dispensary, sick bay, etc.) via wash basins, wash tubs and scuppers located in such premises;
(c) drainage from spaces containing living animals; or
(d) other waste waters when mixed with the drainage defined above.
(4) "Holding tank" means a tank used for the collection and storage of sewage.
(5) "Nearest land" . The term "from the nearest land" means from the baseline from which the territorial sea of the territory in question is established in accordance with international law except that, for the purposes of the present Convention "from the nearest land" off the north eastern coast of Australia shall mean from a line drawn from a point on the coast of Australia in
latitude 11°00´ South, longitude 142°08´ East to a point in latitude 10°35´ South,
longitude 141°55´ East, then to a point latitude 10°00´ South,
longitude 142°00´ East, thence to a point latitude 9°10´ South,
longitude 143°52´ East, thence to a point latitude 9°00´ South,
longitude 144°30´ East, thence to a point latitude 13°00´ South,
longitude 144°00´ East, thence to a point latitude 15°00´ South,
longitude 146°00´ East, thence to a point latitude 18°00´ South,
longitude 147°00´ East, thence to a point latitude 21°00´ South,
longitude 153°00´ East, thence to a point on the coast of Australia in latitude 24°42´ South, longitude 153°15´ East.
Application
The provisions of this Annex shall apply to:
(a) (i) new ships of 200 tons gross tonnage and above;
(ii) new ships of less than 200 tons gross tonnage which are certified to carry more than 10 persons;
(iii) new ships which do not have a measured gross tonnage and are certified to carry more than 10 persons; and
(b) (i) existing ships of 200 tons gross tonnage and above, 10 years after the date of entry into force of this Annex;
(ii) existing ships of less than 200 tons gross tonnage which are certified to carry more than 10 persons, 10 years after the date of entry into force of this Annex; and
(iii) existing ships which do not have a measured gross tonnage and are certified to carry more than 10 persons, 10 years after the date of entry into force of this Annex.
Surveys
(1) Every ship which is required to comply with the provisions of this Annex and which is engaged in voyages to ports or offshore terminals under the jurisdiction of other parties to the Convention shall be subject to the surveys specified below:
(a) An initial survey before the ship is put in service or before the Certificate required under Regulation 4 of this Annex is issued for the first time, which shall include a survey of the ship which shall be such as to ensure—
(i) when the ship is equipped with a sewage treatment plant the plant shall meet operational requirements based on standards and the test methods developed by the Organization;
(ii) when the ship is fitted with a system to comminute and disinfect the sewage, such a system shall be of a type approved by the Administration;
(iii) when the ship is equipped with a holding tank the capacity of such tank shall be to the satisfaction of the Administration for the retention of all sewage having regard to the operation of the ship, the number of persons on board and other relevant factors. The holding tank shall have a means to indicate visually the amount of its contents; and
(iv) that the ship is equipped with a pipeline leading to the exterior convenient for the discharge of sewage to a reception facility and that such a pipeline is fitted with a standard shore connection in compliance with Regulation 11 of this Annex.
This survey shall be such as to ensure that the equipment, fittings, arrangements and material fully comply with the application requirements of this Annex.
(b) Periodical surveys at intervals specified by the Administration but not exceeding five years which shall be such as to ensure that the equipment, fittings, arrangements and material fully comply with the applicable requirement of this Annex. However, where the duration of the International Sewage Pollution Prevention Certificate (1973) is extended as specified in Regulation 7(2) or (4) of this Annex, the interval of the periodical survey may be extended correspondingly.
(2) The Administration shall establish appropriate measures for ships which are not subject to provisions of paragraph (1) of this Regulation in order to ensure that the provisions of this Annex are complied with.
(3) Surveys of the ship as regards enforcement of the provisions of this Annex shall be carried out by officers of the Administration. The Administration may, however, entrust the surveys either to surveyors nominated for the purpose or to organizations recognized by it. In every case the Administration concerned fully guarantees the completeness and efficiency of the surveys.
(4) After any survey of the ship under this Regulation has been completed, no significant change shall be made in the equipment, fittings, arrangements, or material covered by the survey without the approval of the Administration, except the direct replacement of such equipment or fittings.
Issue of Certificate
(1) An International Sewage Pollution Prevention Certificate (1973) shall be issued, after survey in accordance with the provisions of Regulation 3 of this Annex, to any ship which is engaged in voyages to ports or offshore terminals under the jurisdiction of other Parties to the Convention.
(2) Such Certificate shall be issued either by the Administration or by any persons or organization duly authorized by it. In every case the Administration assumes full responsibility for the Certificate.
Issue of a Certificate by another Government
(1) The Government of a Party to the Convention may, at the request of the Administration, cause a ship to be surveyed and, if satisfied that the provisions of this Annex are complied with, shall issue or authorize the issue of an International Sewage Pollution Prevention Certificate (1973) to the ship in accordance with this Annex.
(2) A copy of the Certificate and a copy of the survey report shall be transmitted as early as possible to the Administration requesting the survey.
(3) A Certificate so issued shall contain a statement to the effect that it has been issued at the request of the Administration and it shall have the same force and receive the same recognition as the Certificate issued under Regulation 4 of this Annex.
(4) No International Sewage Pollution Prevention Certificate (1973) shall be issued to a ship which is entitled to fly the flag of a State, which is not a Party.
Form of Certificate
The International Sewage Pollution Prevention Certificate (1973) shall be drawn up in an official language of the issuing country in the form corresponding to the model given in the Appendix to this Annex. If the language used is neither English nor French, the text shall include a translation into one of these languages.
Duration of Certificate
(1) An International Sewage Pollution Prevention Certificate (1973) shall be issued for a period specified by the Administration, which shall not exceed five years from the date of issue, except as provided in paragraph (2), (3) and (4) of this Regulation.
(2) If a ship at the time when the Certificate expires is not in a port or offshore terminal under the jurisdiction of the Party to the Convention whose flag the ship is entitled to fly, the Certificate may be extended by the Administration, but such extension shall be granted only for the purpose of allowing the ship to complete its voyage to the State whose flag the ship is entitled to fly or in which it is to be surveyed and then only in cases where it appears proper and reasonable to do so.
(3) No Certificate shall be thus extended for a period longer than five months and a ship to which such extension is granted shall not on its arrival in the State whose flag it is entitled to fly or the port in which it is to be surveyed, be entitled by virtue of such extension to leave that port or State without having obtained a new Certificate.
(4) A Certificate which has not been extended under the provisions of paragraph (2) of this Regulation may be extended by the Administration for a period of grace of up to one month from the date of expiry stated on it.
(5) A Certificate shall cease to be valid if significant alterations have taken place in the equipment, fittings, arrangement or material required without the approval of the Administration, except the direct replacement of such equipment or fittings.
(6) A Certificate issued to a ship shall cease to be valid upon transfer of such a ship to the flag of another State, except as provided in paragraph (7) of this Regulation.
(7) Upon transfer of a ship to the flag of another Party, the Certificate shall remain in force for a period not exceeding five months provided that it would not have expired before the end of that period, or until the Administration issues a replacement Certificate, whichever is earlier. As soon as possible after the transfer has taken place the Government of the Party whose flag the ship was formerly entitled to fly shall transmit to the Administration a copy of the Certificate carried by the ship before the transfer and, if available, a copy of the relevant survey report.
Discharge of Sewage
(1) Subject to the provisions of Regulation 9 of this Annex, the discharge of sewage into the sea is prohibited, except when—
(a) the ship is discharging comminuted and disinfected sewage using a system approved by the Administration in accordance with Regulation 3(1)(a) at a distance of more than four nautical miles from the nearest land, or sewage which is not comminuted or disinfected at a distance of more than 12 nautical miles from the nearest land, provided that in any case, the sewage that has been stored in holding tanks shall not be discharged instantaneously but at a moderate rate when the ship is en route and proceeding at not less than 4 knots; the rate of discharge shall be approved by the Administration based upon standards developed by the Organization; or
(b) the ship has in operation an approved sewage treatment plant which has been certified by the Administration to meet the operational requirements referred to in Regulation 3(1)(a)(i) of this Annex; and
(i) the test results of the plant are laid down in the ship's International Sewage Pollution Prevention Certificate (1973);
(ii) additionally, the effluent shall not produce visible floating solids in, nor cause discolouration of, the surrounding water; or
(c) the ship is situated in the waters under the jurisdiction of a State and is discharging sewage in accordance with such less stringent requirements as may be imposed by such State.
(2) When the sewage is mixed with wastes or waste water having different discharge requirements, the more stringent requirements shall apply.
Exceptions
Regulation 8 of this Annex shall not apply to—
(a) the discharge of sewage from a ship necessary for the purpose of securing the safety of a ship and those on board or saving life at sea; or
(b) the discharge of sewage resulting from damage to a ship or its equipment if all reasonable precautions have been taken before and after the occurrence of the damage, for the purpose of preventing or minimizing the discharge.
Reception Facilities
(1) The Government of each Party to the Convention undertakes to ensure the provision of facilities at ports and terminals for the reception of sewage, without causing undue delay to ships, adequate to meet the needs of the ships using them.
(2) The Government of each Party shall notify the Organization for transmission to the Contracting Governments concerned of all cases where the facilities provided under this Regulation are alleged to be inadequate.
Standard Discharge Connections
To enable pipes of reception facilities to be connected with the ship's discharge pipeline, both lines shall be fitted with a standard discharge connection in accordance with the following table:
STANDARD DIMENSIONS OF FLANGES FOR DISCHARGE CONNECTIONS
|
Description |
Dimensions | |
| |
Outside diameter |
210mm |
| |
Inner diameter |
According to pipe outside diameter |
| |
Bolt circle diameter |
170mm |
| |
Slots in flange |
4 holes 18mm in diameter equidistantly placed on a bolt circle of the above diameter, slotted to the flange periphery. The slot width to be 18mm |
| |
Flange thickness |
16mm |
| |
Bolts and nuts; quantity and diameter |
4, each of 16mm in diameter and of suitable length |
| |
The flange is designed to accept pipes up to a maximum internal diameter of 100mm and shall be of steel or other equivalent material having a flat face. This flange, together with a suitable gasket, shall be suitable for a service pressure of 6kg/cm 2 . | |
For ships having a moulded depth of 5 metres and less, the inner diameter of the discharge connection may be 38 millimetres.
Appendix
FORM OF CERTIFICATE
INTERNATIONAL SEWAGE POLLUTION PREVENTION CERTIFICATE (1973)
Issued under the Provisions of the International Convention for the Prevention of Pollution from Ships, 1973, under the Authority of the Government of
............................................................................................................................
(full designation of the country)
by........................................................................................................................
(full designation of the competent person or organization authorized under the provisions of the International Convention for the Prevention of Pollution from Ships, 1973)
|
|
|
|
|
Number of Persons which the ship is certified to carry |
New/existing ship (a)
Date of building contract ...................................................................................
Date on which keel was laid or ship
was at a similar stage of construction
................................................................
Date of delivery .................................................................................................
THIS IS TO CERTIFY THAT:
(1) The ship is equipped with a sewage treatment plant/comminuter/ holding tank (a) and a discharge pipeline in compliance with Regulation 3(1)(a)(i) to (iv) of Annex IV of the Convention as follows:
(a) (a) Description of the sewage treatment plant:
Type of sewage treatment plant ..........................................................
Name of manufacturer ........................................................................
The sewage treatment plant is certified by the Administration to meet the following effluent standards: (b) .............................................
(a) (b) Description of comminuter: ...............................................................
Type of comminuter.............................................................................
Name of manufacturer.........................................................................
Standard of sewage after disinfection..................................................
(a) (c) Description of holding tank equipment:
Total capacity of the holding tank ..................................................m 3
Location ..............................................................................................
(d) A pipeline for the discharge of sewage to a reception facility, fitted with a standard shore connection.
(2) The ship has been surveyed in accordance with Regulation 3 of Annex IV of the International Convention for the Prevention of Pollution from Ships, 1973, concerning the prevention of pollution by sewage and the survey showed that the equipment of the ship and the condition thereof are in all respects satisfactory and the ship complete with the applicable requirements of Annex IV of the Convention.
This Certificate is valid until .............................................................................
Issued at .............................................................................................................
(place of issue of Certificate)
........................19 .......................................................................................
(Signature of official issuing the Certificate)
(Seal or stamp of the Issuing Authority, as appropriate)
Under the provisions of Regulations 7(2) and (4) of Annex IV of the Convention validity of this Certificate is extended until
.....................................................................................................................
Signed .......................................................
(Signature of duly authorised official)
Place ..........................................................
Date ...........................................................
(Seal or stamp of the Authority, as appropriate)
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
(a) Delete as appropriate
(b) Parameters should be incorporated
Sch. 1 Annex 5 inserted by No. 46/1991 s. 33.
Annex V
REGULATIONS FOR THE PREVENTION OF POLLUTION BY GARBAGE FROM SHIPS
Definitions
For the purposes of this Annex:
(1) "Garbage" means all kinds of victual, domestic and operational waste excluding fresh fish and parts thereof, generated during the normal operation of the ship and liable to be disposed of continuously or periodically except those substances which are defined or listed in other Annexes to the present Convention.
(2) "Nearest land" . The term "from the nearest land" means from the baseline from which the territorial sea of the territory in question is established in accordance with international law except that, for the purposes of the present Convention "from the nearest land" off the north eastern coast of Australia shall mean from the line drawn from a point on the coast of Australia in
latitude 11°00´ South, longitude 142°08´ East to a point in latitude 10°35´ South,
longitude 141°55´ East, thence to a point latitude 10°00´ South,
longitude 142°00´ East, thence to a point latitude 9°10´ South,
longitude 143°52´ East, thence to a point latitude 9°00´ South,
longitude 144°30´ East, thence to a point latitude 13°00´ South,
longitude 144°00´ East, thence to a point latitude 15°00´ South,
longitude 146°00´ East, thence to a point latitude 18°00´ South,
longitude 147°00´ East, thence to a point latitude 21°00´ South,
longitude 153°00´ East, thence to a point on the coast of Australia in latitude 24°42´ South, longitude 153°15´ East.
(3) "Special area" means a sea area where for recognised technical reasons in relation to its oceanographical and ecological condition and to the particular character of its traffic the adoption of special mandatory methods for the prevention of sea pollution by garbage is required. Special areas shall include those listed in Regulation 5 of this Annex.
Application
The provisions of this Annex shall apply to all ships.
Disposal of Garbage Outside Special Areas
(1) Subject to the provisions of Regulations 4, 5 and 6 of this Annex—
(a) the disposal into the sea of all plastics, including but not limited to synthetic ropes, synthetic fishing nets and plastic garbage bags is prohibited;
(b) the disposal into the sea of the following garbage shall be made as far as practicable from the nearest land but in any case is prohibited if the distance from the nearest land is less than—
(i) 25 nautical miles for dunnage, lining and packing materials which will float;
(ii) 12 nautical miles for food wastes and all other garbage including paper products, rags, glass, metal, bottles, crockery and similar refuse;
(c) disposal into the sea of garbage specified in subparagraph (b)(ii) of this Regulation may be permitted when it has passed through a comminuter or grinder and made as far as practicable from the nearest land but in any case is prohibited if the distance from the nearest land is less than 3 nautical miles. Such comminuted or ground garbage shall be capable of passing through a screen with openings no greater than 25 millimetres.
(2) When the garbage is mixed with other discharges having different disposal or discharge requirements the more stringent requirements shall apply.
Special Requirements for Disposal of Garbage
(1) Subject to the provisions of paragraph (2) of this Regulation, the disposal of any materials regulated by this Annex is prohibited from fixed or floating platforms engaged in the exploration, exploitation and associated offshore processing of seabed mineral resources, and from all other ships when alongside or within 500 metres of such platforms.
(2) The disposal into the sea of food wastes may be permitted when they have been passed through a comminuter or grinder from such fixed or floating platforms located more than 12 nautical miles from land and all other ships when alongside or within 500 metres of such platforms. Such comminuted or ground food wastes shall be capable of passing through a screen with openings no greater than 25 millimetres.
Disposal of Garbage within Special Areas
(1) For the purposes of this Annex the special areas are the Mediterranean Sea area, the Baltic Sea area, the Black Sea area, the Red Sea area and the "Gulfs area" which are defined as follows:
(a) The Mediterranean Sea area means the Mediterranean Sea proper including the gulfs and seas therein with the boundary between the Mediterranean and the Black Sea constituted by the 41°N parallel and bounded to the west by the Straits of Gibraltar at the meridian of 5°36´W.
(b) The Baltic Sea area means the Baltic Sea proper with the Gulf of Bothnia and the Gulf of Finland and the entrance to the Baltic Sea bounded by the parallel of the Skaw in the Skagerrak at 57°44.8´N.
(c) The Black Sea area means the Black Sea proper with the boundary between the Mediterranean and the Black Sea constituted by the parallel 41°N.
(d) The Red Sea area means the Red Sea proper including the Gulfs of Suez and Aqaba bounded at the south by the rhumb line between Ras si Ane (12°8.5´N, 43°19.6´E) and Husn Murad (12°40.4´N, 43°30.2´E).
(e) The "Gulfs area" means the sea area located north west of the rhumb line between Ras al Hadd (22°30´N, 59°48´E) and Ras al Fasteh (25°04´N, 61°25´E).
(2) Subject to the provisions of Regulation 6 of this Annex—
(a) disposal into the sea of the following is prohibited—
(i) all plastics, including but not limited to synthetic ropes, synthetic fishing nets and plastic garbage bags; and
(ii) all other garbage, including paper products, rags, glass, metal, bottles, crockery, dunnage, lining and packing materials;
(b) disposal into the sea of food wastes shall be made as far as practicable from land, but in any case not less than 12 nautical miles from the nearest land.
(3) When the garbage is mixed with other discharges having different disposal or discharge requirements the more stringent requirements shall apply.
(4) Reception facilities within special areas:
(a) The Government of each Party to the Convention, the coastline of which borders a special area undertakes to ensure that as soon as possible in all ports within a special area, adequate reception facilities are provided in accordance with Regulation 7 of this Annex, taking into account the special needs of ships operating in these areas.
(b) The Government of each Party concerned shall notify the Organization of the measures taken pursuant to sub-paragraph (a) of this Regulation. Upon receipt of sufficient notifications the Organization shall establish a date from which the requirements of this Regulation in respect of the area in question shall take effect. The Organization shall notify all Parties of the date so established no less than twelve months in advance of that date.
(c) After the date so established, ships calling also at ports in these special areas where such facilities are not yet available, shall fully comply with the requirements of this Regulation.
Exceptions
Regulations 3, 4 and 5 of this Annex shall not apply to—
(a) the disposal of garbage from a ship necessary for the purpose of securing the safety of a ship and those on board or saving life at sea; or
(b) the escape of garbage resulting from damage to a ship or its equipment provided all reasonable precautions have been taken before and after the occurrence of the damage, for the purpose of preventing or minimizing the escape; or
(c) the accidental loss of synthetic fishing nets or synthetic material incidental to the repair of such nets, provided that all reasonable precautions have been taken to prevent such loss.
Reception Facilities
(1) The Government of each Party to the Convention undertakes to ensure the provision of facilities at ports and terminals for the reception of garbage, without causing undue delay to ships, and according to the needs of the ships using them.
(2) The Government of each Party shall notify the Organization for transmission to the Parties concerned of all cases where the facilities provided under this Regulation are alleged to be inadequate.