Maritime Transport Act 1994

Making of marine protection rules and regulations and taking of other measures to protect marine environment - General powers of Director in relation to protection of marine environment

396A: Inspections and audits in relation to Annex VI

You could also call this:

"Checks on ships to protect the environment"

Illustration for Maritime Transport Act 1994

The Director can ask you to do inspections or audits if you have a marine protection document or operate a ship. The Director wants to protect the environment from harm caused by ships. The Director can also check if you are following the rules about discharging substances from ships. The Director can inspect your ship or facilities to make sure you are doing things correctly. You might need to give the Director information or show them that you can prevent marine pollution. The Director can take a sample of your ship's fuel oil to test it. The Director can ask you to demonstrate that you can carry out procedures in a competent manner. This is to ensure that you are protecting the environment and following the rules. You must cooperate with the Director during an inspection or audit.

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Part 27Making of marine protection rules and regulations and taking of other measures to protect marine environment
General powers of Director in relation to protection of marine environment

396AInspections and audits in relation to Annex VI

The Director may, in writing, require any person described in subsection (2) to undergo, or carry out, such inspections or audits, or both, as the Director considers necessary in the interests of—
protecting the environment, including the marine environment, from harm from discharges from ships that are subject to the provisions of Annex VI; or
verifying whether a ship has discharged any substance that is subject to the provisions of Annex VI in contravention of the regulations and rules made under this Act; or
facilitating and reviewing trials of ship emission reduction and control technologies; or
monitoring compliance with conditions of exemptions.

This section applies to a person who—
holds any marine protection document; or
is required to hold any marine protection document by this Act or any regulations or marine protection rules made under this Act; or
operates, maintains, or services, or does any other act in respect of, any ship, marine protection product, or reception facility.

The Director may, in respect of any person described in subsection (2), carry out such inspections or audits, or both, as the Director considers necessary in the interests of 1 or more of the matters specified in subsection (1)(a) to (d).
For the purposes of any inspection or audit carried out in respect of any person under subsection (3), the Director may, in writing,—
require that person to provide to the Director such information as the Director considers relevant to the inspection or audit:
in respect of a ship, require the person to—
1. allow the Director to take a sample of the ship’s fuel oil for the purposes of testing the sample in accordance with any requirements specified in the marine protection rules:
2. demonstrate to the Director the familiarity of the master or crew with essential shipboard procedures for the prevention of marine pollution:
3. demonstrate to the Director that any operational, maintenance, or servicing procedure in respect of a ship or a marine protection product is capable of being carried out in a competent manner.

Notes

Section 396A: inserted, on 16 November 2021, by section 14 of the Maritime Transport (MARPOL Annex VI) Amendment Act 2021 (2021 No 45).