Premier of Queensland

For reply please quote: IGRlWL - TF/11129860 - DOC/11/187153

13 DEC 2011Mr Neil LaurieClerk of the ParliamentParliament HouseGeorge StreetBRISBANE QLD 4000

Executive Building100 George Street Brisbane

PO Box 1.5185 City EastQueensland 4002 Australia

TeLephone +61] 3224 4500Facsimile +61732213631Email ThePremier@premiers.qld.gov.auWebsite www.thepremier.qld.gov.au

In accordance with parliamentary procedures, I wish to table correspondence from theCommonwealth Parliament's Joint Standing Committee on Treaties (JSCOT) in theLegislative Assembly.

The material for tabling includes JSCOT's advice and the following proposed treatyaction, as well as its National Interest Analysis:

Treaty tabled on 13 October 2011

• Resolution MEPC.200(62) Adopted on 15 July 2011 Amendments to the Annexof the Protocol of 1978 Relating to the International Convention for thePrevention of Pollution from Ships, 1973 (Special Area Provisions and theDesignation of the Baltic Sea as a Special Area Under MARPOL Annex IV).

Treaty texts and copies of the National Interest Analysis, which accompany each treatytabled, are also available online from the committee's website atwww.aph.gov.au/house/committee/jsct/130ctober2011/index.htm.

Thank you for your assistance in arranging the tabling of this material as soon aspossible.

Yours sincerely

*Encl

QueenslandGovernment

JOINT STANDING CQMMITTEE ON TREATIES

Parliament BOll,", Canben'. ACT 2600 IPhone: (02) 6277 4~~OO~2~1~~~6;2~77;2;2~191~~:t~~~rl

14 October 2011 rThe Hon AnTk1. Bligh MPPremier of QueenslandParliament HouseBRISBANE QLD 4002

Dear Premier

Treaty tabled on 13 October 2011

I am writing to advise of the most recent tabling of a treaty, and to invite commentsas part of the review process u,ndeltakenby the Commonwealth Parliament's JointStanding Committee on Treaties,

Before action is taken to bind Australia to the tenns 6f treaties, the TreatiesCommittee considers and reports on whether the proposals are in Australiasnational interest. 111e Committee is currerll:Iy inquiring into the following proposedtreaty tabled in both Houses of the Parliament this week

Treaty tabled on 13 October 2011

• Resolution MEPC.200(62) Adopted on15 July 2011 Amendments to the Annex ofthe Protocol of1978 Relating to the International Convention for tlte Prevention ofPollution from Ships, 1973 (Special Area Provisions and the Designation of the BalticSea as a Special Area Under MARPOL Annex IV)

The subject matter .of international treaties can be of interest to State and TerritoryGovernments and Parliaments and we are keen to provide an opportunity forcomment on any issues arising from proposed treaties. Treaty texts and copies of theNational Interest Analysis (which accompany each treaty tabled) are available £romthe COlnmi ttee's website athttr?J I www.aph.gov.au/house(committee(jsct/130ctober2011/tor.htm

As the Treaties Committee has periods of 15 and 20 sitting days in which to completeits reviews, it would be helpful if you could forward any comments you might wishto make to the Committee Secretariat by Friday, 11 Novem'ber 2011, If substantialissues of concern are raised about the proposed treaties and the Conunittee's usualperiod of review is extended, it may be possible to arrange for a submission to belodged after this date, Your comments may be accepted as a submission to thereview and authotised for publication

11. 5 2011

Should your officials have any questions about the treaties or about our reviewprocedures, they should contact James Catchpole, COlltrnittee Secretary on telephone(02) 6277 400Z, facsimile (02)6277 2219 or e-mail jset@aph.gov.au.

Yours faithfully

Senator Simon BirminghamActing Chair

DEPARTMENT OF FOREIGN AFFAIRS AND TRADECANBERRA

RESOLUTION MEPC.200(62)

Adopted on 15 July 2011

AMENDMENTS TO THE ANNEX OF THE PROTOCOL OF 1978 RELATING TO THEINTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM

SHIPS, 1973

(Special Area Provisions and the Designation of the Baltic Sea as a Special Area underMARPOL Annex IV)

Not yet in force[2011J ATNIF 19

THE MARINE ENVIRONMENT PROTECTION COMMITTEE,

RECALLING article 38(a) of the Convention on the International Maritime Organizationconcerning the functions of the Marine Environment Protection Committee (the Committee)conferred upon it by international conventions for the prevention and control of marinepollution,

NOTING article 16 of the International Convention for the Prevention of Pollution from Ships,1973 (hereinafter referred to as the "1973 Convention") and article VI of the Protocol of 1978relating to the International Convention for the Prevention of Pollution from Ships, 1973(hereinafter referred to as the" 1978 Protocol") which together specify the amendment procedureof the 1978 Protocol and confer upon the appropriate body of the Organization the function ofconsidering and adopting amendments to the 1973 Convention, as modified by the 1978Protocol (MARPOL 73/78),

HAVING CONSIDERED draft amendments to Annex IV of MARPOL 73/78,

1. ADOPTS, in accordance with article 16(2)(d) of the 1973 Convention, the amendmentsto Annex IV of MARPOL 73/78, the text of which is set out at annex to the present resolution;

2. DETERMINES, in accordance with article l6(2)(f)(iii) of the 1973 Convention, that theamendments shall be deemed to have been accepted on 1 July 2012 unless, prior to that date, notless than one third of the Parties or Parties the combined merchant fleets of which constitute notless than 50 per cent of the gross tonnage of the world's merchant fleet, have communicated tothe Organization their objection to the amendments;

3. INVITES the Parties to note that, in accordance with article l6(2)(g)(ii) of the1973 Convention, the said amendments shall enter into force on 1 January 2013 upon theiracceptance in accordance with paragraph 2 above;

4. REQUESTS the Secretary-General, in conformity with article l6(2)(e) of the 1973Convention, to transmit to all Parties to MARPOL 73/78 certified copies of the presentresolution and the text of the amendments contained in the Annex;

5. REQUESTS FURTHER the Secretary-General to transmit to the Members of theOrganization which are not Parties to MARPOL 73/78 copies of the present resolution and itsAnnex.

ANNEX

AMENDMENTS TO MARPOL ANNEX IV

1 New paragraphs 5bis, 7bis, and 7ter are added to regulation 1:

"5bis Special area means a sea area where for recognized technical reasons in relationto its oceanographical and ecological condition and to the particular character of itstraffic the adoption of special mandatory methods for the prevention of sea pollution bysewage is required,

The special areas are:

,1 the Baltic Sea area as defined in regulation 1.11.2 of Annex I; and

,2 any other sea area designated by the Organization in accordance withcriteria and procedures for designation of syecial areas with respect toprevention of pollution by sewage from ships '

7bis A passenger means every person other than:

.1 the master and the members of the crew or other persons employed orengaged in any capacity on board a ship on the business of that ship; and

,2 a child under one year of age.

7ter A passenger ship means a ship which carries more than twelve passengers,

For the application of regulation 11.3, a new passenger ship is a passenger ship:

.1 for which the building contract is placed, or in the absence of a building. contract, the keel of which is laid, or which is in a similar stage of

construction, on or after 1 January 2016; or

.2 the delivery of which is two years or more after 1 January 2016,

An existing passenger ship is a passenger ship which is not a new passenger ship!'

2 New paragraph 2 is added to regulation 9:

"2 By derogation from paragraph 1, every passenger ship which, in accordance withregulation 2, is required to comply with the provisions of this Annex, and for whichregulation 11.3 applies while in .a special area, shall be equipped with one of thefollowing sewage systems:

,1 a sewage treatment plant which shall be of a type approved by theAdministration, taking into account the standards and test methods developed bythe Organization,2 or

Refer to Assembly resolution A,927(22), Guidelines for the designation of special areas under MARPOL73/78 and guidelines for the identification and designation of particularly sensitive sea areas.

.2 a holding tank of the capacity to the satisfaction of the Administration for theretention of all sewage, having regard to the operation of the ship, the number ofpersons on board and other relcvant factors. The holding tanle shall beconstructed to the satisfaction of the Administration and shall have a means toindicate visually the amount of its contents."

3 Regulation 11 is replaced by the following:

Regulation 11Discharge ofsewage

"A Discharge of sewage from ships other than passenger ships in all areas anddischarge ofsewage from passenger ships outside special areas

I Subject to the provisions of regulation 3 of this Annex, the discharge of sewageinto the sea is prohibited, except when:

.1 the ship is discharging comminuted and disinfected sewage usmg asystem approved by the Administration in accordance withregulation 9.1.2 of this Annex at a distance of more than 3 nautical milesfrom the nearest land, or sewage which is not comminuted or disinfectedat a distance of more than 12 nautical miles from the nearest land,provided that, in any case, the sewage that has been stored in holdingtanks, or sewage originating from spaces containing living animals, shallnot be discharged instantaneously but at a moderate rate when the ship isen route and proceeding at not less than 4 knots; the rate of dischargeshall be approved by the Administration based upon standards developedby the Organization3

; or

.2 the ship has in operation an approved sewage treatment plant which hasbeen certified by the Administration to meet the operational requirementsreferred to in regulation 9.1.1 of this Annex, and the effluent shall notproduce visible floating solids nor cause discoloration of the surroundingwater.

2 The provisions of paragraph I shall not apply to ships operating in the watersunder the jurisdiction of a State and visiting ships from other States while they are inthese waters and are discharging sewage in accordance with such less stringentrequirements as may be imposed by such State.

B Discharge ofsewage from passenger ships within a special area

Refer to the [draft 2012] Guidelines on Implementation of Effluent Standards and Performance Tests forSewage Treatment Plants adopted by the Marine Environment Protection Committee of the Organizationby [resolution MEPC ... .].Refer to the Recommendation on standards for the rate of discharge of untreated sewage from shipsadopted by the Marine Environmental Protection Committee of the Organization byresolution MEPC.157(55).

3 Subject to the provisions of regulation 3 of this Annex, the discharge of sewagefrom a passenger ship within a special area shall be prohibited:

a) for new passenger ships on, or after 1 January 2016, subject to regulationl2bis, subparagraph 2; and

b) for existing passenger ships on, or after 1 January 2018, subject toregulation l2bis, subparagraph 2,

except when the following conditions are satisfied:

the ship has in operation an approved sewage treatment plant which ,has beencertified by the Administration to meet the operational requirements referred to inregulation 9.2.1 of this Annex, and the effluent shall not produce visible floatingsolids nor cause discoloration of the surrounding water.

C General requirements

4 When the sewage is mixed with wastes or waste water covered by other Annexesof MARPOL, the requirements of those Annexes shall be complied with in addition tothe requirements of this Annex."

4 New regulation 12bis is added asfollows:

"12bis Reception facilities for passenger ships in Special Areas

.1 Each Party, the coastline of which borders a special area, undertakes to ensurethat:

.1 facilities for the reception of sewage are provided in ports and terminalswhich are in a special area and which are used by passenger ships;

.2 the facilities are adequate to meet the needs of those passenger ships; and

.3 the facilities are operated so as not to cause undue delay to thosepassenger ships.

.2 The Government of each Party concerned shall notify the Organization of themeasures taken pursuant to subparagraph .1 of this regulation. Upon receipt of sufficientnotifications in accordance with subparagraph .1 the Organization shall establish a date.from which the requirements of regulation 11.3 in respect of the area in question shalltake effect. The Organization shall notify all Parties of the date so established no lessthan twelve months in advance of that date. Until the date so established, ships whilenavigating in the special area shall comply with the requirements of regulation 11.1 ofthis Annex."

AMENDMENTS TO THEFORM OF INTERNATIONAL SEWAGE POLLUTION PREVENTION CERTIFICATE

I The following text is added under the heading "Particulars ofship":

Type of ship for the application of regulation 11.3:'

New/Existing passenger ship

Ship other than a passenger ship

2 Amendparagraph '1.1. to read as follows:

'1.1. 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 effluentstandards as provided for in resolution MEPC.2(VI).

The sewage treatment plant is certified by the Administration to meet the effluentstandards as provided for in resolution MEPC.159(55).

The sewage treatment plant is certified by the Administration to meet the effluentstandards as provided for in [resolution MEPC.... ]§ §

***

Delete as appropriate.The number of the MEPC resolution will be inserted when the standards have been adopted by the MEPCat a future session.

National Interest Analysis [2011] ATNIA 28

with attachment on consultation

Resolution MEPC.200(62):Amendments to the Annex of the Protocol of 1978 Relating to the International Convention

for the Prevention of Pollution from Ships, 1973(Special Area Provisions and the Designation of the Baltic Sea as a Special Area

under MARPOL Annex IV)

Adopted at London on 15 July 2011

[2011] ATNIF 19

NATIONAL INTEREST ANALYSIS: CATEGORY 1 TREATY

SUMMARY PAGE

Resolution MEPC.200(62):Amendments to the Annex of the Protocol of 1978 Relating to the International Convention

for the Prevention of Pollution from Ships, 1973(Special Area Provisions and the Designation of the Baltic Sea as a Special Area

under MARPOL Annex IV)Adopted at London on 15 July 2011

(2011) ATNIF 19

Nature and timing of proposed treaty action

1. The International Convention for the Prevention of Pollution from Ships (MARPOL) is oneof the key international instruments addressing the problem of marine pollution from ships.MARPOL contains six technical annexes dealing with, respectively: oil; noxious liquid substancesin bulk; harmful substances in packaged form; sewage; garbage; and air pollution.

2. On 15 July 2011, the Marine Enviromnent Protection Committee of the InternationalMaritime Organization (IMO) adopted Resolution MEPC.200(62) to amend Annex IV ofMARPOL ([2007] ATS 47) to provide for the declaration of "special areas" for purposes of thatAnnex ("the proposed amendments"). "Special areas" will be areas described in Annex IV where,for recognized technical reasons in relation to their oceanographical and ecological conditions andto the particular character of their traffic, the adoption of special mandatory methods for theprevention ofpollution by sewage is required.

3. The proposed amendments to Annex IV designate and describe one sea area, namely theBaltic Sea area, to be a special area for the prevention ofpollution by sewage from passenger ships.The discharge requirements applicable to passenger ships in special areas will apply in the BalticSea area from 1 January 2016 for new passenger ships and from 1 January 2018 for existingpassenger ships, or from a later date determined by IMO if facilities for the reception of sewage atports and terminals in the Baltic Sea area are not adequate by the specified dates.

4. In accordance with the amendment procedure set out in MARPOL, the proposedamendments shall be deemed to have been accepted on 1 July 2012 unless, prior to that date, notless than one-third ofthe Parties or Parties the combined fleets of which constitute not less than50 per cent of the gross tonnage of the world's merchant fleet, have communicated to IMO theirobjection to the proposed amendments. Upon acceptance, the proposed amendments will enterinto force generally on 1 January 2013.

Overview and national interest summary

5. The discharge oflarge amounts of sewage into the sea and the resulting high concentration ofnitrogen and phosphorus leads to blooms of blue-green algae. As the algae die and decompose,high levels of organic matter and the decomposing organisms deplete the water ofavailable oxygen,

causing the death of other organisms, such as fish, The proposed amendments to Annex IV ofMARPOL wilJ result in a reduction of the amount of sewage discharged into the Baltic Sea area,

Reasons for Australia to take the proposed treaty action

6, Acceptance of the proposed amendments to Annex IV is consistent with Australia'slong-standing support for protection ofthe marine environment and also Australia's active bacldngof, and participation in meetings of, IMO,

7, The chapeau ofMARPOL includes a reference to the desire of the Parties to achieve thecomplete elimination of intentional marine polJution, The proposed amendments provide greaterprotection for an area that is particularly vulnerable to polJution by sewage,

8, In addition, acceptance of the proposed amendments is in accordance with Australia'sgeneral obligations as a Party to the United Nations Convention on the Law of the Sea (UNCLOS,[1994] ATS 31), wbich provides for States to adopt generally accepted international rules andstandards when implementing laws and regnlations to prevent, reduce and control pollution of themarine environment from vessels (Article 211 of UNCLOS),

Obligations

9, The requirements of Annex IV relating to the discharge of sewage from ships apply only toships engaged in international voyages, The requirements apply to all such ships of400 gross tonsand over and those ships with a gross tonnage of less than 400 which are certified to carry morethan 15 persons (as crew or passengers), Ships to which Annex IV applies are required to beequipped with a sewage system, being either: a sewage treatment plant which complies with IMOstandards; a sewage comminuting and disinfecting system; or a holding tank for the retention ofsewage, Discharge of sewage from ships at sea is prohibited unless:

• the ship has in operation an approved sewage treatment plant which has been certified to meetIMO requirements by the administration of the State in which the ship is registered; or

• the discharge is carried out using a comminuting and disinfecting system so long as the ship ismore than three nautical miles from the nearest land; or

• the discharge is carried out from a holding tank so long as the ship is more than 12 nauticalmiles from the nearest land, the ship is proceeding en route and the discharge is notinstantaneous,

10, The proposed amendments provide further controls on the discharge of sewage into the sea inareas where shipping activity generates a large concentration of sewage by enabling such areas tobe declared to be special areas for purposes ofAnnex IV, The proposed amendments apply to shipswhich are carrying more than 12 passengers, The proposed amendments will apply in the BalticSea area and in any future special areas to new ships from I January 2016 and to existing shipsfrom I January 2018, or from a later date determined by IMO after the requirements ofparagraph Iof new Article 12bis to provide adequate facilities for the reception of sewage in ports andterminals in the special area have been met. Australia will be required to ensure that any such shipswhich come under Australian jurisdiction and which are operating in a special area are equippedwith either an approved sewage treatment plant or with a holding tan1e of suitable capacity.

11. There are consequential amendments to the form of the International Sewage PollutionPrevention Certificate, which are set out in the Appendix to Annex IV.

12. Each State Party to Annex IV whose coastline borders a special area will be required toensure that adequate facilities for the reception of sewage are provided in ports in that State whichare used by passenger ships. This will impose obligations on Australia only if, at some time in thefuture, an area of the sea off the Australian coastline is declared to be a special area for purposes ofAnnex IV.

13. The designation of the Baltic Sea area as a special area for purposes of Annex IV is aimed atthe passenger ships which carry large numbers ofpassengers to and from the ports in countries thatborder the Baltic Sea area (Denmark, Estonia, Finland, Germany, Latvia, Lithuania, Poland,Russian Federation and Sweden). The amendments are expected to have no impact on Australia. Itis highly unlikely that any Australian passenger ship will travel through the Baltic Sea area or thatany ship will travel through that special area as part of a voyage to or from Australia.

14. It is appropriate that the Baltic Sea be designated as a special area under Annex IV as it is oneof the most intensively trafficked sea areas in the world. World-wide, including in the Baltic Sea,both the number and the size of ships have been growing during recent years, and this trend isexpected to continue. There has been a significant increase in passenger and crnise traffic in theBaltic Sea, significantly adding to the amount of sewage created on board. Passenger shipsoperating in the Baltic Sea typically have 2,000-5,000 people on board. Annually, there are about90 million international passenger movements through the major passenger ports in the Baltic Seaarea.

Implementation

15. The proposed amendments to Annex IV ofMARPOL will be implemented in Australia byamendments to the Protection ofthe Sea (Prevention ofPollution from Ships) Act 1983. However,as the proposed amendments are unlikely to have any effect on ships over which Australia hasjurisdiction there will be few, if any, administrative or enforcement requirements;

Costs

16. The proposed amendments will not result in any increased costs or savings to the AustralianGovernment or to the States and Territories.

Regulation Impact Statement

17. The Office of Best Practice Regulation has been consulted and has confirmed that aRegulation Impact Statement is not required.

Future treaty action

18. Future amendments to Annex IV or other Annexes to MARPOL will be in accordance withthe amendment procedures set out in MARPOL. This includes amendment by IMO's "tacitacceptance" amendment procedure, whereby the amendments enter into force on a specified date

unless an agreed number of Parties object by an agreed date. Amendments are usually adopted byeither IMO's Marine Enviromnent Protection Committee (MEPC) or by a Conference ofParties toMARPOL. All amendments would be subject to the Australian treaty process.

Withdrawal or denunciation

19. The proposed amendments to Annex IV cannot be denounced separately. The only way thatAustralia could denounce the amendments would be to denounce the whole of Annex IV.Denunciation would be effected by the deposit of an instrmnent of denunciation with theSecretary-General ofIMO.

Contact details

Maritime Policy SectionSurface Transport Policy DivisionDepartment ofInfrastmcture and Transport

ATTACHMENT ON CONSULTATION

Resolution MEPC.200(62):Amendments to the Annex of the Protocol of 1978 Relating to the International Convention

for the Prevention of Pollution from Ships, 1973(Special Area Provisions and the Designation of the Baltic Sea as a Special Area

under MARPOL Annex IV)Adopted at London on 15 July 2011

[2011] ATNIF 19

CONSULTATION

20. Because the proposed amendments will have no immediate effect on ships over whichAustralia has jurisdiction, no formal consultation was undertaken with industry. However, astanding agenda item on environment issues is provided at meetings of the Australian MaritimeSafety Authority (AMSA) Advisory Committee. At each Advisory Committee meeting, AMSAprovides a detailed paper to update the Committee on current issues associated with AMSA'senvironmental activities, including those that might impact on the maritime industry and the role ofAMSA. Membership of the AMSA Advisory Committee includes senior representatives frommany ofAMSA's key stakeholders, including Shipping Australia, the National Offshore PetroleumSafety Authority, Ports Australia, Australian Shipowners Association, Australian AntarcticDivision and the Australian Maritime College.

21. The State and Territory Governments have been consulted through the Commonwealth­State/Territory Standing Committee on Treaties (SCOT) and the Australian Maritime Group(AMG). Information on the proposed amendments was provided to State and Territoryrepresentatives for consideration at the SCOT meeting in October 2010. SCOT has not requestedfurther information or provided any comments on the proposed amendments.

22. The AMG usually meets twice each year. Each AMG meeting includes a standing agendaitem on marine environment issues. In this forum, States and the Northern Territory are providedwith a summary ofproposed amendments to Conventions and key issues relating to protection ofthe marine environment scheduled for formal adoption and/or discussion at IMO meetings. Via theAMSA web site, AMSA provides AMG members with access to IMO Committee andSub-Committee documentation, including the agenda and submitted papers. Members are invitedto provide comment on these papers to the relevant Commonwealth contact as appropriate. Nocomments were received on the proposed amendments to Annex N.