These guidelines provide an overview of the Australian public vessel status application process. A public vessel status application should only be completed following an in-depth examination of these guidelines.

1. Introduction

The United Nations Convention on the Law of the Sea 1982 (UNCLOS) establishes a comprehensive regime for the law of the sea. Part XIII of UNCLOS provides, among other things, that every State has the right to conduct marine scientific research, but that right is subject to the rights and duties of the coastal State in whose jurisdiction the research is being conducted. While coastal States have the exclusive right to regulate, authorise and conduct marine scientific research in their waters, UNCLOS provides that in normal circumstances, such States shall grant their consent for marine scientific research in their exclusive economic zone (EEZ) or continental shelf.

Australia gives effect to its obligations under these provisions through the granting of Public Vessel Status (PVS)¹ to foreign vessels wishing to conduct marine scientific research in Australia’s waters. The submission of a PVS application is required for all proposed activities in waters within the Australian territorial sea, EEZ, Australian fishing zone (AFZ) and on the Australian continental shelf, as well as for proposed port calls by such vessels.

These guidelines provide information on the requirements for obtaining PVS for the purpose of conducting marine scientific research in Australian waters. Applications are assessed by the Department of Foreign Affairs and Trade in consultation with other relevant Australian government departments and agencies.

UNCLOS provides that States wishing to conduct marine scientific research in the EEZ or on the continental shelf of a coastal State shall provide notice of this to the coastal State at least six months prior to the expected commencement of the project. Applications should therefore be submitted, in accordance with these guidelines, no less than six months in advance of the expected start date of the project.

Coastal States have the prerogative under UNCLOS to participate or be represented in the marine scientific research project, including on board the vessel. In addition, UNCLOS places a duty on vessels conducting marine scientific research to comply with certain conditions, in particular, requests from the coastal State in whose EEZ or continental shelf the research is being conducted. This includes complying with requests from the coastal State for preliminary reports and the final results and conclusions of the research conducted, as well as providing access to the coastal State to all data and samples derived from the research, together with an assessment of such data, samples and research results (or assistance in such assessment).

Types of Applications

There are two types of applications:

• CATEGORY 1 – Research activities (including CATEGORY 1A – research activities together with a port call)
• CATEGORY 2 – Port calls only

For a Category 1 application (requirements attached), a fully completed PVS application is to be provided by a foreign government to the Director, Sea Law Section, Department of Foreign Affairs and Trade (DFAT - see contact details below) under cover of a diplomatic note not less than SIX (6) months in advance of the expected start date of the marine scientific research project. Where the research activities will be combined with one or more port calls, applicants will need to submit a Category 1A application (requirements attached).

For a Category 2 application (requirements attached), a fully completed PVS application is to be provided by a foreign government to the Director, Sea Law Section, DFAT (see contact details below) under cover of a diplomatic note not less than TWO (2) months in advance of proposed entry to the first port of call.

Any amendments to a Category 1 or Category 1A PVS application are to be provided to the Director, Sea Law Section, DFAT (see contact details below) under cover of a diplomatic note not less than TWO (2) months in advance of proposed entry into the Australian EEZ. Amendments to a Category 2 application are to be provided within four weeks of the proposed date of entry into port.

A generic template for an application to conduct marine scientific research is provided by the Intergovernmental Oceanographic Commission of the United Nations Educational, Scientific and Cultural Organization [PDF]. While this template does not cover all the requirements of the Australian Government (as outlined below) it nevertheless constitutes a useful starting point.

2. Application Outcomes and Possible Conditions Imposed

Outcomes

Following consideration of the application by relevant Australian departments and agencies, the Department of Foreign Affairs and Trade may:

• seek additional information;
• conditionally approve the application;
• approve the application; or
• decline the application.

As mentioned above, in normal circumstances, coastal States shall grant their consent for marine scientific research in their EEZ or continental shelf. Indeed, the spirit and form of the UNCLOS provisions encourage international cooperation in marine scientific research for peaceful purposes.

Conditions

Reasonable conditions may be imposed on any permission granted pursuant to these guidelines or under applicable legislation. Such conditions will be directed towards compliance with these guidelines, the applicable legislation and the treaties and conventions to which Australia is a party, including UNCLOS and the 1992 Convention on Biological Diversity.

The conditions may also address commercial benefits which might flow from research in the territorial sea, EEZ, AFZ and on the Australian continental shelf. To this end, the research proponent may be requested to complete an Australian statutory declaration in accordance with the Statutory Declarations Act 1959.

Where research is planned within three nautical miles of Australia's territorial sea baselines, there may also be applicable requirements or conditions pursuant to the legislation of the adjacent Australian State or Territory.

3. Defence Requirements: Details of the Vessel

The Australian Department of Defence requires details of any military or public vessel entering Australian ports. Information which must be provided as part of a PVS application includes the following:

• Name of ship and side number
• Ship type
• Name and Rank of Commanding Officer or skipper
• Name and rank of any other military or civilian crew on board
• Any other personnel on board
• Length of vessel
• Beam
• Draft
• Displacement
• Intended radio frequencies, maximum power output and emission designator
• All radars and frequencies and maximum output
• TACAN / DME fitted
• Last port of call prior to entering Australian waters
• Australian ports to be visited within Australia including estimated time of arrival and departure.

4. Immigration Requirements: Details of the Crew

Anyone other than Australian citizens entering Australian territory (including its ports) must hold a valid visa. All foreign crew of a non-military ship, including articled crew, supernumerary crew or personnel on a vessel who are engaged in scientific research must hold a Maritime Crew Visa (MCV). The only exceptions are Australian permanent resident visa holders or New Zealand citizens who are eligible for a Special Category Visa.

The term ‘non-military ship’ includes foreign government-owned and operated scientific vessels, and vessels accorded PVS by the Australian Department of Foreign Affairs and Trade.

To enter Australia as a crew member aboard a non-military ship, crew must hold:

• A valid national passport;
• An MCV;
• Another document that establishes the crew member or scientific researcher’s employment on the ship (for example, crew list, articles, seaman’s book, contract).

Foreign crew who fail to meet the above requirements may be restricted on board their ship. The master or agent may also be liable for a $5,000 infringement for each person who they bring to Australia without a visa.

The fast and easy way to apply for an MCV is to lodge an internet application online. Most online applications are finalised within three working days. With the knowledge and consent of applicants, a third party such as a shipping agent can complete and lodge an application for an MCV. To apply online, or check if a person has been granted an MCV, or obtain further information regarding the MCV, see the Maritime Crew Visa webpage.

Please note that an MCV is not valid for travel to Australia by air. Crew or scientific researchers who hold an MCV but seek to fly to Australia to join their ship must also hold another visa that is valid for air travel, for example a Transit visa, an Electronic Travel Authority (ETA) or a Tourist visa.

Crew of non-military ships are subject to sign-on and sign-off procedures while in Australia.
Agents must provide the Australian Customs and Border Protection Service at least 24 hours notice prior to sign-on or sign-off of crew.

Crew holding both a Transit visa and an MCV who fly to Australia to join their ship will have five (5) calendar days from arrival at an Australian airport in which to sign-on to their ship, or their MCV will cease and they will become unlawful. Crew signing off a ship have five (5) calendar days to depart Australia, or sign-on to another vessel or obtain another type of visa, otherwise they will become unlawful.

5. Customs and Border Protection Requirements

The Australian Customs and Border Protection Service completes immigration checks on all travellers at the time of arrival to Australia on behalf of the Department of Immigration and Citizenship. All non-military vessels must provide details of travellers on board to Customs and Border Protection at least 96 hours before arrival (in addition to providing a full crew list at the application stage). Crew and Passenger declarations should be provided to the local port of entry. Information about ports of entry can be found at www.customs.gov.au/site/page4363.asp.

Customs and Border Protection may request a written account of goods on board a public vessel. The vessel’s master is expected to observe Australia’s legal requirements by delivering an account of all goods including any cargo and all stores and to answer questions relating to such goods when requested to do so by an authorised officer.

The movement of goods and travellers on and off a public vessel while in Australia must be reported to Customs and Border Protection. Authorised officers may attend to verify the movement of goods and clear travellers joining or departing the vessel. Without appropriate clearance the visa status of travellers may be affected.

The master of a vessel must not depart with the vessel from any port or other place in Australia without receiving from an authorised officer a Certificate of Clearance. On request the local Customs and Border Protection Office will provide the master of a public vessel a clearance to depart the port.

6. Vessels which have the Capacity to Fish: Research and Port Permits

Port Permits

Some foreign vessels will need to apply for additional clearances from the Australian Fisheries Management Authority (AFMA). Application for these clearances should be made as part of the public vessel status application.

In accordance with the Fisheries Management Act 1991, all foreign vessels that have a capacity to fish are required to complete a 'Port Permit Application' to gain access to Australian ports. Such applications must be made to AFMA (through DFAT) in the approved form. A fee is payable if an application for a Port Permit is required. No fee is payable for the granting of PVS.

Scientific Permits

Foreign vessels (including foreign fisheries research and fisheries training vessels) that:

• are designed or equipped to take, process or carry fish; or
• intend to take, process or carry fish; or
• propose to search for certain sedentary organisms on the Australian continental shelf and/or take certain sedentary organisms from the Australian continental shelf are required to apply for and obtain a separate ‘Scientific Research Permit’ under the Fisheries Management Act 1991. Applications for Scientific Research Permits must be made to AFMA (through DFAT) in the approved form. There may be a fee payable in connection with this application.

Application forms for Port and Scientific permits and information about how payments in connection with applications can be made is available from:

• Australian Fisheries Management Authority
  Licensing and Quota Management
  PO Box 7051
  Canberra Business Centre, ACT 2610
• or at www.afma.gov.au

7. Quarantine Requirements

Pre-Arrival Report

All vessels must submit a Quarantine Pre-Arrival Report (QPAR) to the Australian Quarantine and Inspection Service (AQIS) 12-96 hours prior to arrival and are required to hold a valid Ship Sanitation Certificate (SSC).

Vessel Inspection and Quarantine Surveillance

A routine vessel inspection will be conducted on arrival and those vessels that carry seawater as ballast will be required to manage their ballast water in accordance with AQIS requirements and not discharge high risk ballast water in Australian ports or waters. A ballast water log must be completed and made available for inspection by AQIS.

During the vessel inspection, those vessels which are found to be carrying stores/supplies will be inspected for Quarantine Risk Material (QRM). Vessels may be directed to either bond such materials on board the vessel or they may be seized for destruction by AQIS.

AQIS has increased general surveillance of all vessels, including crew and goods removed from vessels. AQIS will also ensure that all quarantine waste arrangements are being strictly adhered to by visiting vessels.

All vessels, passengers and crew (both disembarking and day tripping) are subject to quarantine clearance. Those persons found to be in contravention of quarantine requirements may be issued with a Quarantine Infringement Notice if they fail to declare quarantine items on the 'Incoming Passenger Card' and/or give false information to a quarantine officer, in relation to goods being taken off the vessels (currently penalties of up to $220 fine and/or imprisonment apply to these offences).

Please Note: Vessels intending to enter an Australian non-proclaimed port of call must seek prior approval in writing from AQIS under section 20AA of the Quarantine Act 1908.

For further information and quarantine forms please refer to the Seaports Program web site.

8. Research Reporting Requirements

As mentioned above, vessels conducting marine scientific research have a duty under UNCLOS to comply with certain requests from the coastal State related to the research and findings. Accordingly, each request by a foreign research vessel to conduct marine scientific research in Australian waters must include:

• proposals to make available to Australia, in a timely manner, theresults, both preliminary and final, of marine scientific research,including those relating to bathymetric, sub-bottom profiling and otherbiogeophysical studies;
• proposals to provide, in a timely manner, copies of such data instandard international formats, and to lodge samples of all materials andspecies collected; and
• proposals to provide a timely assessment of data, samples andresearch results or provide assistance in their assessment orinterpretation.

Where applicable, data must be exchanged under the protocols of the World Meteorological Organisation (WMO) and Intergovernmental Oceanographic Commission (IOC), including but not limited to those of the International Oceanographic Data and Information Exchange (IODE) program, Joint WMO/IOC Commission for Oceanography and Marine Meteorology (JCOMM) and World Weather Watch (WWW).

Marine research vessels, where the capability exists, are encouraged to acquire and record multibeam sonar bathymetry and backscatter data, geo-potential (magnetics and gravity) data, meteorological data, and oceanographic data in Australia’s Marine Jurisdiction. These data must be submitted to the relevant repositories (see Table 1 below) and will be made available according to the Commonwealth Policy on Spatial Data Access and Pricing 2001. Vessels transiting through Australia’s Marine Jurisdiction are also included.

Australia’s Marine Jurisdiction comprises the Australian Territorial Sea, EEZ and areas of Extended Continental shelf.

Submission of Research Results and Data

Data collected within Australia’s Marine Jurisdiction is requested to be submitted with accompanying metadata to the respective repository for that dataset within six (6) months of the completion of the voyage in Australia’s Marine Jurisdiction. Table 1 sets out the appropriate arrangements for submission of data collected in Australia’s Marine Jurisdiction. Note that bathymetry and backscatter data are to be submitted to both the Hydrographer, RAN – Australian Hydrographic Service and Chief Executive Officer, Geoscience Australia.
Table 1. Data archiving arrangements.

Data Type	Archiving Institution
Bathymetry and acoustic backscatter (e.g., single beam and multibeam sonar)	Hydrographer, RAN – Australian Hydrographic Service; and ChiefExecutive Officer, Geoscience Australia
Meteorology (e.g., air temp., rel. humidity, etc.)	Chief Executive Officer, Bureau ofMeteorology
Oceanography (e.g., CTD, current measurements)	Chief of Division, CSIRO – Divisionof Marine and Atmospheric Research
Geophysical and potential field (e.g., gravity, magnetics, side-scan sonar, sub-bottom profiler, seismic)	Chief Executive Officer, GeoscienceAustralia

If geological samples are collected within Australia’s Marine Jurisdiction, then a listing of the samples, including: sample number; sample type; latitude; longitude; water depth; and length of core (if a core is taken); is to be submitted to the Chief Executive Officer, Geoscience Australia within six (6) months of the completion of the voyage in Australia’s Maritime Jurisdiction.

If biological samples are collected within Australia’s Marine Jurisdiction, then a listing of the samples, including: sample number; equipment type; latitude; longitude; water depth; voucher specimen, including any formal species identification (if available); is to be submitted to the Chief of Division, CSIRO – Division of Marine and Atmospheric Research within six (6) months of the completion of the voyage in Australia’s Marine Jurisdiction.

Each archiving institution will then advise the general Australian Government marine community of the submission of the data and sample metadata through the Executive Officer, Australian Ocean Data Centre Joint Facility (AODCJF). This advice will be provided within one (1) month of data submission.

A maximum two-year embargo on general access to the data holdings to protect the principal investigators’ own research may be considered upon further application.

At the conclusion of the voyage, the applicant or the voyage Chief Scientist is requested to provide an indication as to when and how the preliminary and final results of the marine research will be made available and in what format.

All raw and processed data are to be accompanied by observation/processing notes and relevant interpretive reports. The AODCJF can organise to take receipt of the data and coordinate management of the information on behalf of the applicant or, alternatively, the international institution sponsoring the vessel may, with the consent of the AODCJF, elect to make the data available by other means.

Note that for research undertaken under permit, such as in a Commonwealth reserve, additional reporting requirements may be imposed through the permit approval. Please refer to Section 9 on environment protection and conservation below.

Deployment of Argo and Argo-Equivalent Profiling Floats

The International Argo Program is being implemented under the auspices of the WMO and the IOC. The Australian Government views the deployment of Argo floats and their equivalents for collecting temperature and salinity observations as ‘marine scientific research’ as that term is used in UNCLOS. Australia therefore requires formal notification under UNCLOS for deployments of profiling floats within its EEZ by foreign research vessels, subject to the normal conditions of entry by those vessels into Australian waters.

Australia considers that States deploying on the high seas scientific devices over whose subsequent movements they have no control need not seek the consent of any coastal State into whose territorial sea or EEZ the devices might foreseeably drift under the influence of prevailing winds and currents.

9. Environment Protection and Conservation

Vessel crews operating in Australian waters should be aware of their responsibilities under Australian environment protection laws, which include:

Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act)

(i) Activities which may have a significant impact on the environment

Under the EPBC Act, a person must not take an action that has, will have, or is likely to have, a significant impact on a matter of National Environmental Significance (NES) without approval from the Australian Government Minister for the Environment (the Minister). An ‘action’ includes a project, development, undertaking, activity or series of activities, or an alternative to any of these things. There are severe penalties for taking such actions without approval.

Matters of NES are:

• World Heritage properties;
• National Heritage places;
• Ramsar wetlands of international importance;
• listed threatened species and ecological communities;
• listed migratory species;
• the Great Barrier Reef Marine Park;
• the Commonwealth marine environment, and
• nuclear actions

If a proposed action has, will have, or is likely to have, a significant impact on a matter of NES, a referral to the Australian Government Department of the Sustainability, Environment, Water, Populations and Communities (DSEWPaC) must be submitted. If a person is unsure as to whether their proposed action is significant, they can still refer the proposal, and the Minister will decide within 20 business days whether an approval is required.

DSEWPaC holds a vast range of reference material that may assist a person in determining whether a referral is required. Available information includes:

• copies of legislation, conventions, principles, and guidelines on significance;
• information on Commonwealth reserves, Conservation Zones, Biosphere Reserves, and the Australian Whale Sanctuary, together with copies of Management Plans and IUCN categories of reserves;
• information on World Heritage properties, together with a list of the values of each property;
• lists of species and communities (threatened species and communities, migratory species, listed marine species), cetaceans, including species in other countries covered by international agreements to which Australia is a party;
• range/distribution maps for listed taxa, and their habitat; and
• information regarding the ecology of listed species (eg. critical habitats, habitat requirements, life cycles, etc).

For further information about the EPBC Act, including documentation on the referral, assessment and approval process, and matters of NES, visit the DSEWPaC website or call the Community Information Unit on 1800 803 772.

(ii) Activities which may impact on a protected species

Activities for which permits/approvals are required under the EPBC Act include:

1. activities in or on a Commonwealth area (defined below) that may affect:

• a member of a listed threatened species or ecological community; or
• a member of a listed migratory species; or
• a member of a listed marine species.

Note that it is an offence to kill, injure, take, trade, keep or move a member of a listed threatened species or ecological community, a member of a listed migratory species, or a member of a listed marine species without a permit. A permit can only be issued if the activity will contribute significantly to the conservation of the threatened, migratory or marine species or ecological community.

2. activities in the Australian Whale Sanctuary (AWS) that may affect whales, dolphins or porpoises. The AWS encompasses the entire Commonwealth marine area including waters around Australia’s external territories such as Christmas, Cocos (Keeling), Norfolk, Heard Island and McDonald Islands). Within the AWS it is an offence to kill, injure, take, trade, keep, move or interfere with (harass, chase, herd, tag, mark or brand) a cetacean without a permit. It is also illegal for foreign whaling vessels to enter a port in Australia or an external Territory without written permission from the Minister. A permit can only be issued if the activity will contribute significantly to the conservation of the species of whale, dolphin or porpoise;

3. activities involving the movement of wildlife or product made from wildlife, into or out of Australia. Specimens of Australian native fauna and flora may not be taken out of Australia for the purposes of scientific research, trade, etc without a permit from DSEWPaC. Certain specimens are, however, exempt from these export permission requirements, including some species of commercially harvested molluscs and crustaceans (refer to the Listed Specimens webpage).

The EPBC Act defines a Commonwealth area as including: the coastal sea of Australia or an external Territory; the continental shelf, and the waters and airspace over the continental shelf; the waters of the EEZ, the seabed under those waters and the airspace above those waters; and any other area of land, sea or seabed that is included in a Commonwealth reserve; but does not include coastal waters of States or the Northern Territory.

All persons operating vessels should be aware of Part 8 (Regulation 8.05) of the Environment Protection and Biodiversity Conservation Regulations 2000 (EPBC Regulations), where a vessel within a 300m caution zone of a cetacean must operate at a constant speed of less than 6 knots, maintain a direct line of travel and not approach closer than 100m to a cetacean (refer to Figure 1). Persons aboard all research vessels may be requested to record sightings of cetaceans and marine turtles in Australian waters, and to provide information to DSEWPaC at the completion of the cruise.

For further information about activities for which permits are required under the EPBC Act, including permit application forms, visit the DSEWPaC website or call the Community Information Unit on 1800 803 772.

A person who undertakes an action that results in the death, injury, trade, keeping or moving of a listed threatened, migratory or marine species or ecological community or a cetacean in a Commonwealth Marine Area, or that kills, injures or interferes with a cetacean, is required to notify the Secretary of the DSEWPaC within 7 days of becoming aware of the action.

To report an interaction which you were involved in or that you witnessed:

• Call the Community Information Unit: 1800 803 772
• Email: ciu@environment.gov.au; and
• Write to:
  The Secretary
  Department of the Sustainability, Environment, Water, Population and Communities
  GPO Box 787 Canberra ACT 2601

(iii) Activities in Marine Protected Areas

There are many areas declared as Commonwealth protected areas under the EPBC Act and managed by the Australian Government. You cannot undertake research in a Commonwealth Marine Protected Area (which may include both sea and islands) without a permit. The locations of Commonwealth Marine Protected Areas (MPA) can be found at the DSEWPaC website.

Permits may be issued for research in Commonwealth MPAs by the Director of National Parks. Research activities must be consistent with the Management Plan (if in force) for the MPA in which the activity is to be conducted. Management Plans that are in force are available from the DSEWPaC website. Permits are currently free of charge. The permit application process takes at least 28 days, so you must apply well ahead of your planned trip. Note that additional reporting requirements and special conditions restricting your activities may be imposed in your permit approval.

For application forms or other enquiries regarding permits for research within Commonwealth Marine Protected Areas, please contact the Marine Protected Area Operations Section at mpa@environment.gov.au.

A permit may be issued for an activity in Commonwealth reserves only if:

1. The activity is consistent with:

• the Management Plan (if there is a plan in force); and
• the purposes for which the reserve is declared (if there is no plan in force); and
• any lease of indigenous people's land in the reserve (if the reserve is jointly managed);

and

2. The activity is not likely to:

• endanger public safety; or
• unduly damage the reserve; or
• unduly interfere with the preservation or conservation of biodiversity or heritage in the reserve; or
• unduly interfere with the protection of other features or facilities in the reserve; or
• interfere with the privacy of a cultural event held in the reserve by the traditional owners of indigenous peoples’ land in the reserve; or
• interfere with the continuing cultural use of the reserve (including residence in the reserve) by the traditional owners of indigenous peoples’ land in the reserve; or
• interfere with the privacy of other persons in the reserve.

Regulation 17.05 of the EPBC Regulations specifies other limitations on the issuing of permits.

Please note that, with the exemption of the Great Barrier Reef Marine Park, MPAs, marine parks and reserves located within 3 nautical miles of the territorial sea baseline are managed by the State or Territory government. Persons wishing to enter or conduct research in MPAs within three nautical miles of the territorial sea baseline of Australia or coastal islands must contact the relevant State or Territory park management or fisheries authority for advice on their requirements.

(iv) Activities that may need a permit to access biological resources: separate and additional application required

If you wish to take biological resources from a Commonwealth area for the purpose of research and/or development on any genetic resources, or biochemical compounds, comprising or contained in the biological resources, you will need to obtain a permit under Part 8A of the EPBC Regulations.

The regulations do not apply to the taking of resources for any other purpose, including amongst other things, fishing for commerce or recreation, taking essential oils from plants or taking wild animals or plants for food.

The Australian Government regulations only apply in Commonwealth areas (see definition above), though similar State government regulations may also apply. Please contact the Director, Genetic Resource Management, on +61 2 6274 2528, or at grm@environment.gov.au for further information.

If a vessel proposes to undertake this form of research the requesting state must complete the Commonwealth Marine Parks and Reserves Research Permit Application Form and submit this as part of its PVS application.

Great Barrier Reef Marine Park Act 1975 (Cth)

Persons wishing to undertake marine scientific research and other activities, including passage other than through recognised shipping channels, within the Great Barrier Reef Marine Park² may be required to hold a permit issued under the Great Barrier Reef Marine Park Act 1975. Applications for permits should be made to the Great Barrier Reef Marine Park Authority (GBRPA).

Applications for permits to undertake marine scientific research within the Great Barrier Reef Marine Park should specify the reasons why such research needs to be undertaken within the Marine Park.

Persons undertaking marine scientific research and other activities within the Great Barrier Reef Marine Park for which approval has been obtained shall comply with the conditions of the written permission supplied by the GBRPA. Restrictions apply to the conduct of certain research activities at certain locations.

Sea Installations Act 1987

The Sea Installations Act 1987 regulates the construction and operation of sea installations to ensure that they are constructed and operated safely and in a manner that is consistent with the protection of the environment. A sea installation is defined in the Act as being any man-made structure that, when in or brought into contact with the seabed or when floating, can be used for an environment-related activity. Environment-related activities include exploring the living resources of the sea, the seabed or the subsoil of the seabed, marine archaeology, or any scientific activity.

The Sea Installations Act 1987 applies from the ‘state limit’, which is three nautical miles from the Lowest Astronomical Tide level, to the outermost limits of Australian waters, being either 200 nautical miles from the Lowest Astronomical Tide level or to the limit of the Australian continental shelf as defined in Article 76 of UNCLOS. In respect of the Australian external Territories, the Act applies from the Lowest Astronomical Tide level (there being no ‘state limit’) to the outermost limits of Australian waters.

Operators of foreign research vessels wishing to erect scientific research installations or to operate any research equipment, whether towed or static (other than those used for hydrocarbons or hard minerals exploration), must obtain a permit or an exemption certificate from DSEWPaC, or the GBRPA if the installation is proposed to be installed or operated within the Great Barrier Reef Marine Park.

Environment Protection (Sea Dumping) Act 1981

The Environment Protection (Sea Dumping) Act 1981 (the Sea Dumping Act 1981) was enacted to fulfil Australia’s international responsibilities under the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter 1972 (the London Convention) and has been amended to implement the 1996 Protocol to the London Convention, which Australia ratified in 2001.

The Sea Dumping Act 1981 regulates the deliberate loading and dumping of wastes and other matter at sea. It applies to all vessels, aircraft or platforms in or over Australian waters and to all Australian vessels and aircraft in or over any part of the sea. The Sea Dumping Act 1981 does not prohibit the disposal of wastes at sea that are derived from the ‘normal operation of vessels’, which includes the reasonable disposal of galley scraps and sewage (London Convention, Article III 1(b)(i)).

The Sea Dumping Act 1981 applies in respect of all Australian waters (other than waters within the limits of a State or the Northern Territory) from the Lowest Astronomical Tide level to the outermost limits of Australian waters.

The Sea Dumping Act 1981 is administered by the DSEWPaC, or the GBRMPA if the proposed dumping is to take place within the Great Barrier Reef Marine Park. Applications for a sea dumping permit can be obtained from these agencies. In deciding whether to grant a permit, consideration is given to the type of material proposed to be dumped, the dumpsite and the potential impacts on the marine environment.

If the proposed dumping is likely to have a significant impact on the marine environment in a Commonwealth marine area, or on any other matter of national environmental significance, it may also be necessary to refer the proposal under the EPBC Act.

For further information about activities for which permits are required under the Sea Installations Act 1987 or the Sea Dumping Act 1981, visit the DSEWPaC website or contact:

Director
Approvals and Audit Section
Department of Sustainability, Environment,Water, Population and Communities
GPO Box 787
CANBERRA ACT 2601

Phone: (02) 6274 2128

or

Manager
Environmental Impact Management
Great Barrier ReefMarine Park Authority
PO Box 1379
TOWNSVILLE QLD 4810

Phone: (07) 4750 0734

Territory of Heard Island and the McDonald Islands

Persons wishing to enter the Territory of Heard Island and the McDonald Islands must apply for a permit under the Environment Protection and Management Ordinance 1987. Persons wishing to undertake research in the Heard Island and the McDonald Islands Marine Reserve may also need to apply for a permit under the EPBC Act.

10. Search and Rescue

Vessels for which approval is given to conduct marine scientific research in Australia’s waters within the Australian Search and Rescue Region or to enter an Australian port shall comply with the Australian Ship Reporting System (AUSREP), as prescribed in the Australian Navigation Act 1912. The preferred method of reporting is via INMARSAT-C polling. Alternatively, HF DSC is available. Details of reporting requirements are contained in the ‘AUSREP and REEFREP’ booklets and Marine Orders published by the Australia Maritime Safety Authority.

11. Minerals, Hydrocarbon and Greenhouse Gas Storage, Exploration and Research

Operators of foreign research vessels wishing to conduct marine geoscientific research, or erect scientific research installations or equipment used wholly for the exploration for, or research on, minerals and/or hydrocarbons or greenhouse gas storage formations, on the Australian continental shelf are required to hold a consent or authority issued under the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (OPGGSA) or the Offshore Minerals Act 1994 (OMA).

Operators of foreign research vessels and/or those erecting scientific research installations or equipment for the purpose of petroleum, mineral or greenhouse gas storage exploration in Australian waters and within a title area must hold an authority or consent issued under the OPGGSAor theOMA.

Operators are required to comply with the provisions for ‘petroleum scientific investigation consents’ as set out in Part 2.9 of the OPGGSA, ‘greenhouse gas research consents’ in Part 3.7 of the OPGGSA, or for ‘special purpose consents’ in Part 2.6 of the OMA. Any application for ‘petroleum scientific investigation consents’ or ‘special purpose consents’ should be lodged with the Designated Authority for the relevant offshore area. The contact details of the relevant Designated Authority can be obtained through the Department of Resources, Energy and Tourism (DRET). An application for ‘greenhouse gas research consents’ should be made to DRET. It should be noted that conditions may be applied to the granting of such consents.

A referral under the EPBC Act may also be required if the proposed research activities are likely to have a significant impact on a matter of NES (see above).

Proponents of offshore seismic operations should also refer to ‘EPBC Act Policy Statement 2.1 - Interaction between Offshore Seismic Exploration and Whales’. This policy has several aims. Firstly, it provides practical standards to minimise the risk of acoustic injury to whales in the vicinity of seismic survey operations. Secondly, it establishes a framework to minimise the risk of biological consequences from acoustic disturbance from seismic survey sources to whales. Finally, it provides guidance about the legal responsibilities under the EPBC Act.

Contacts

Australian Customs and Border Protection Service
Maritime Policy Planning
5 Constitution Avenue
Canberra ACT 2601

Australian Fisheries Management Authority
Licensing and Quota Management
PO Box 7051
Canberra Business Centre ACT 2610
www.afma.gov.au

Australian Hydrographic Service
Locked Bag 8801
Wollongong NSW 2500
www.hydro.gov.au

Australian Oceanographic Data Centre Joint Facility
Executive Officer
Maritime Headquarters
Wylde Street, Building 89, Garden Island
Potts Point NSW 2011

Australian Quarantine Inspection Service
Seaports Operations
PO Box 858
Canberra ACT 2601
Tel: +61 2 6272 5557
www.daff.gov.au/aqis/avm/vessels

Department of Defence
SO1 Domestic 1
Military Strategic Commitments Branch
R1-5, Russell Offices
Canberra ACT 2600
Tel: +61 2 6265 3990

Department of Foreign Affairs and Trade
Director
Sea Law, Environment Law & Antarctic Section
International Legal Branch
R.G. Casey Building
John McEwen Crescent
Barton ACT 0221
Tel: + 61 2 6261 1111

Department of Immigration and Citizenship
PO Box 25
Belconnen ACT 2616
E-mail: Airseaportspolicy@immi.gov.au
www.immi.gov.au

Department of Resources, Energy and Tourism
General Manager
Offshore Resources Branch
Resources Division
GPO Box 9839
Canberra ACT 2601
Tel: +61 2 6213 7928
www.ret.gov.au

Department of Sustainability, Environment, Water, Population and Communities
Approvals & Wildlife Division OR Marine Division
GPO Box 787
Canberra ACT 2601
www.environment.gov.au

Geoscience Australia
Chief Executive Officer
GPO Box 378
Canberra ACT 2601
www.ga.gov.au

Great Barrier Reef Marine Park Authority
GPO Box 791
Canberra ACT 2601
www.gbrmpa.gov.au

Public Vessel Status Applications

CATEGORY 1 APPLICATION REQUIREMENTS

INFORMATION IN SUPPORT OF A REQUEST BY A FOREIGN RESEARCH VESSEL TO CONDUCT MARINE SCIENTIFIC RESEARCH WITHIN THE AUSTRALIAN TERRITORIAL SEA, EXCLUSIVE ECONOMIC ZONE, AUSTRALIAN FISHING ZONE AND ON THE AUSTRALIAN CONTINENTAL SHELF (INCLUDING RESEARCH INVOLVING A PORT VISIT – CATEGORY 1A)

The following information is to be provided SIX (6) months in advance in support of a request by a foreign research vessel to conduct marine scientific research including seismic and other sub sea floor profiles, in the Australian territorial sea, exclusive economic zone (EEZ), Australian fishing zone (AFZ) and on the Australian continental shelf. These guidelines also apply to any matters relating to access to or use of genetic resources including, in particular, the collection of relatively small samples of biological material possessing potentially valuable compounds or attributes (including genes, foods and disease resistant plants) for conservation, scientific or commercial purposes. Any amendments to this information are to be submitted for approval TWO (2) months in advance of the expected starting date of the marine scientific project.

1. A full description of the nature and objectives of the marine scientific research project. This is to include a full description of:
   1. the proposed methods and means of the marine scientific research; and
   2. the scientific equipment to be used including any submersibles.
2. A full description of the vessel including its means of propulsion, configuration and dimensions.
3. Radio, radar and sonar frequencies, including international call sign and where displayed on vessel.
4. The proposed deployment of equipment and plans for its removal from particular marine scientific research areas.
5. Itinerary of movements in the Australian maritime zones, including;
   1. first port of call and full details of any other proposed port visits or landings in Australia or its territories, including proposed dates of entry and departure; and
   2. the precise geographical areas in which the marine scientific research activities are to be conducted, and detailed coordinates for marine scientific research stations and a map (or maps) of A4 size to show the proposed itinerary and the area in which the marine scientific research will take place.
6. The name and address of the sponsoring institution as well as:
   1. its director and the person aboard the vessel in charge of the marine scientific research project; and
   2. the master and owner of the vessel.
7. Details of those Australian scientists, agencies or institutions which will be participating in the research should be included. (The opportunity is to be provided for Australian scientists to participate in the marine scientific research project and Australian scientists should be allowed to board the vessel and inspect the marine scientific research equipment carried.)
8. Proposals to make available to Australia the results, both preliminary and final, of marine scientific research, including those relating to bathymetric, sub-bottom profiling and other geophysical studies; proposals to provide copies of such data and their format, and to lodge samples of all materials and species collected; proposals to provide an assessment of data, samples and research results or provide assistance in their assessment or interpretation.
9. Details of any relationship between the proposed marine scientific research project and an agreement or arrangement between Australia and the requesting State.
10. Details of the proposed means of sharing the benefits (including financial benefits), whether immediate or in the longer term from the commercial development of new products and processes derived from the discovery of natural resources in Australian maritime zones.
11. Details of any proposed collecting, sampling, coring, drilling, chemicals, explosives or other manipulation on the Australian continental shelf or in the territorial sea or EEZ.
12. Details of any radioactive or hazardous substances on board and how they are stored.
13. A photograph or line drawing of the vessel.
14. Declaration by the relevant diplomatic mission that a MCV is held by crew or applications for an MCV have been lodged.

CATEGORY 1A APPLICATION REQUIREMENTS

ADDITIONAL INFORMATION IN SUPPORT OF A REQUEST BY A FOREIGN RESEARCH VESSEL TO CONDUCT MARINE SCIENTIFIC RESEARCH AND HAVE ACCESS TO AUSTRALIAN PORTS

The following additional information is to be provided at least SIX (6) months in advance if a foreign research vessel requesting consent to undertake research in the Australian territorial sea, EEZ, AFZ and on the Australian continental shelf, also requests access to Australian ports. Any amendments to this information are to be submitted for approval no less than TWO (2) months in advance of the expected starting date of the marine scientific research project, including any associated port visit.

The information listed below is to be provided in addition to the information required pursuant to a CATEGORY 1 application.

1. Itinerary of visit to any port or any other landing envisaged in Australia and/or its territories.
2. Actual radio frequencies proposed to be used while the vessel is in port.
3. Names of any scientific organisations or personnel to be contacted in Australia.
4. Full names (using the Latin alphabet), nationality and date and place of birth of all crew and personnel on the vessel, as well as information in relation to two forms of identification for each crew member or person on the vessel (valid passport number and seafarer identification number), unless from a State issuing ‘Seafarer Passports’ recognised by Australian authorities.
5. Declaration by the relevant diplomatic mission that a MCV is held by crew or applications for an MCV have been lodged.

CATEGORY 2 APPLICATION REQUIREMENTS

INFORMATION IN SUPPORT OF A REQUEST BY A FOREIGN RESEARCH VESSEL FOR ACCESS TO AUSTRALIAN PORTS, WHERE THE FOREIGN RESEARCH VESSEL IS NOT UNDERTAKING RESEARCH IN AUSTRALIA'S MARITIME ZONES.

The following information is to be provided at least TWO (2) months in advance of proposed access to a port or other landing in Australia, including its territories:

1. Full description of vessel including its means of propulsion, configuration and dimensions.
2. Proposed first port of call and full details of any other proposed port visits or landings in Australia or its territories by each vessel, including proposed dates of entry and departure.
3. Radio, radar and sonar frequencies, including
   1. international call sign and where displayed on vessel;
   2. actual radio frequencies proposed to be used while the vessel is in port.
4. The names and addresses of the owner of the vessel and the name of the vessel's agent and captain.
5. Names of any scientific organisations or personnel to be contacted in Australia.
6. Full names (using the Latin alphabet), nationality and date and place of birth of all crew and personnel on the vessel, as well as information in relation to two forms of identification for each crew member or person on the vessel (valid passport number and seafarer identification number), unless from a State issuing ‘Seafarer Passports’ recognised by Australian authorities.
7. A photograph or line drawing of the vessel
8. Details of any radioactive or hazardous substances on board and how they are stored.
9. Declaration by the relevant diplomatic mission that a MCV is held by crew or applications for an MCV have been lodged.

Any amendments to this information are to be submitted for approval no less than FOUR (4) weeks prior to either the port entry dates previously approved or any changed port entry dates, whichever is the earlier.