Amendments to Marine Order 98 – Marine Pollution – Anti-fouling systems

Closed on 8 January 2023

We want to know what you think about proposed changes to Marine Order 98 to reflect the ban on cybutryne in anti-fouling systems.

About Marine Order 98 and the proposed changes

Marine Order 98 (Marine pollution – anti-fouling systems) 2013 (MO 98) deals with the prevention of pollution from anti-fouling systems.

It 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.
 

Key dates

Commencement date for new controls on cybutryne

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.

From that date, ships that have pre-existing anti-fouling systems that contain cybutryne will be required to:

  • remove the anti-fouling system, or
  • apply a coating to prevent the leaching of cybutryne.

This is to be done at the first renewal of the anti-fouling system after 1 January 2023 but no later than 60 months after the last application of the cybutryne-based anti-fouling system.

Exceptions

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.
 
Commencement date for the revised MO 98

The revised MO98 will come into effect on 1 March 2023.

Regulated Australian vessels (RAVs) with an anti-fouling system that is applied or changed between 1 January and 1 March 2023 should contact their Recognised Organisations (RO) for supporting documentation.

Find out more about the proposed changes to MO 98

 

Consultation closed 08 January 2023