New Zealand

New Zealand has yet to ratify MARPOL Annex VI and incorporate its requirements into national law (click to view current status of ratifications by nation)

However this announcement (updated 19 June 20) from the New Zealand Ministry of Transport confirms the following:

The current sulphur limit of 3.5 percent by mass for marine fuels will drop to 0.5 percent when more stringent Annex VI regulations take effect globally on 1 January 2020. Compliance can be achieved by using low sulphur fuel or fitting an exhaust cleaning system known as a ‘scrubber’ to reduce emissions to a level equivalent to those from low sulphur fuel.

All ships ‘flagged’ to Annex VI party states visiting New Zealand will have to comply with the new regulations from that date. Similarly, New Zealand-flagged ships travelling to states that are party to Annex VI will also have to comply.

Subject to the parliamentary international treaty examination process, and legislation changes necessary to implement the convention, New Zealand is expected to accede to Annex VI in late 2021.

On the basis of New Zealand acceding to Annex VI by late 2021, ships operating only in domestic waters will have until early 2022 to comply, as Annex VI would come into force for New Zealand three months after accession. This gives shipping and fishing industries sufficient time to prepare for the new regulations.

The following announcement (updated link April 2021) from the New Zealand Ministry of Environment on the use of scrubbers should also be noted:

The Ministry for the Environment supports the use of precaution by ships operating scrubbers in territorial waters, whilst we undertake work to establish the nature and scale of the risks and develop a national position on these systems.

Our guidance to this effect is as follows, and was released as part of wider messaging through Maritime NZ at the end of 2019.

While the guidance is non-statutory, we encourage industry to implement the following measures until work currently underway in respect to the use of scrubbers has been completed.

We request that all ships carrying scrubbers and operating in New Zealand’s territorial waters engage with the relevant port and regional authorities, and as a precautionary measure that where possible they avoid discharging scrubber effluent close to shore by utilising alternate options such as:

  • preparing for entry into New Zealand waters by carrying compliant low sulphur fuel in order to use this when operating in sensitive environments, as identified by the relevant regional authorities.
  • operating closed loop scrubber functionality in zero discharge mode and retaining any effluent on board until able to dispose of at the next available port facility.
  • discharging any open loop scrubber washwater outside territorial waters.

Australia

Australian ports and waters are outside of IMO MARPOL Annex VI Emission Control Areas. Under Annex VI regulation 14 the maximum fuel sulphur limit of 0.50% applies from 1 January 2020 (although it should be noted that under local regulation 0.10% applies to cruise ships in Sydney harbour – see below). Regulation 4 also applies and EGCS can be used as an alternative means of compliance if at least as effective in terms of SOx emissions reduction as the fuel sulphur limit.

Marine Notice 02/21 (supercedes Marine Notice 05/19) sets out the requirements for the use of Exhaust Gas Cleaning Systems in Australian Waters and reporting to AMSA.

Key points of the Notice, which can be downloaded here from the AMSA website, are as follows:

  • The EGCS must be approved and operated in line with IMO requirements and the 2015 Guidelines for Exhaust Gas Cleaning Systems (resolution MEPC.259(68)
  • Crew members must be properly trained in the use of the EGCS
  • Any EGCS malfunction must be remedied soonest. A malfunction that lasts more than one hour, or repetitive malfunctions, should be reported to the vessel’s flag State Administration and the relevant port State authorities, with an explanation of the remedial actions that are being taken
  • Any EGCS found to be not in compliance with IMO guidelines in any respect (including but not limited to the wash water discharge criteria) may be prohibited from use in Australian waters.

If a vessel is to use exhaust gas cleaning as a method of compliance AMSA requests to be notified before first arrival at an Australian port after 1 January 2020. Information to be provided includes results of washwater testing undertaken during commissioning of the EGCS and repeated every twelve months, as a minimum, for a period of two years. Ships may not be allowed to discharge washwater from an EGCS in Australian waters if this data, or evidence that samples have been taken for analysis, cannot be provided before arrival.

AMSA is currently investigating the potential impacts of EGCS wash water discharges on Australian port environments and has commissioned a study to assess the potential cumulative impacts of wash water discharges from open-loop EGCS over time. This investigation will inform whether any future restrictions on the use of EGCS in Australian waters are needed.

While the discharge of wash water from EGCS is currently permitted in Australian waters, vessel owners, operators and Masters are encouraged to avoid discharging wash water within Australian port limits.

Other Marine Notices can be found at: https://www.amsa.gov.au/about/regulations-and-standards/marine-notices

Sydney

Cruise ships capable of accommodating more than 100 passengers in Sydney Harbour are required to use either low sulphur (maximum 0.10% m/m) fuel or an alternative measure that achieves an equivalent outcome i.e. EGCS.

See:  https://www.amsa.gov.au/marine-environment/air-pollution/sydney-harbour-cruise-ship-emissions