AMSA is seeking for feedback up to January 8th, 2023 with regards to the proposed changes to Marine Order 98 that deals with the prevention of pollution from anti-fouling systems. The ban on cybutryne will begin on 1 January 2023. The new regulations will prohibit all ships from applying or re-applying anti-fouling systems which contain cybutryne.
Marine Order 98 gives effect to the International Convention of Harmful Anti-fouling Systems on Ships (the AFS Convention), which prohibits the use of certain chemicals and substances in anti-fouling systems that can significantly impact the marine environment.
In 2021, the IMO adopted a resolution to amend the AFS Convention to ban anti-fouling systems which contain the chemical cybutryne.
Bans and controls on chemicals used in anti-fouling systems are implemented through the Protection of the Sea (Harmful Anti-fouling Systems) Act 2006 (the HAFS Act). The HAFS Act is being amended to add cybutryne to the list of banned substances. These amendments are managed by the Department of Infrastructure, Transport, Regional Development, Communications and the Arts (DITRDCA).
To ensure consistency with the amendments to the AFS Convention and the HAFS Act, the revision of MO98 will:
- remove the form of the International Anti-fouling System Certificate (IAFS Certificate) from the marine order so that it can be updated to reflect the ban on cybutryne and published on the AMSA website.
- ensure MO98 reflects any relevant changes to the HAFS Act
- ensure all references to the AFS Convention within MO98 are correct following updates to the AFS Convention.
The requirements relating to pre-existing anti-fouling systems will apply to all ships except:
- fixed and floating platforms, floating storage units (FSUs), and floating production storage and offtake units (FPSOs) constructed before 1 January 2023 which have not been in dry-dock on or after 1 January 2023, and
- ships not engaged in international voyages.
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