To undertake marine scientific research (MSR) under UNCLOS Part XIII in Australian waters and Continental Shelf and/or to make a port call/s as a public vessel.

General Information

What is Public Vessel Status (PVS)?

The United Nations Convention on the Law of the Sea 1982 (UNCLOS) establishes a comprehensive regime for the law of the sea. Part XIII (Articles 238-265) 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 MSR in their waters, UNCLOS provides that in normal circumstances, such States shall grant their consent for MSR in their Exclusive Economic Zone (EEZ) or Continental Shelf.

Australia gives effect to its obligations under UNCLOS provisions through the granting of PVS to foreign vessels wishing to conduct MSR in Australia's waters and/or Continental Shelf. A grant of PVS may also be made to foreign vessels wishing to make a visit/port call/s either as part of undertaking MSR or independently. Public vessels are regarded in Australia as those vessels owned, chartered, temporarily employed, contracted or commissioned by any foreign State, when such vessels are not engaged in any commercial activity.

Three (3) types of applications can be made:

• Category 1 (MSR) within the Australian Territorial Sea, Exclusive Economic Zone, Australian fishing zone and on the Australian Continental Shelf
• Category 1A (MSR and port visit/port call) to 1 or more Australian Ports
• Category 2 (Port visit or call only) to 1 or more Australian Ports.

When must a PVS application be submitted?

Consistent with UNCLOS, Category 1 and 1A applications must be lodged six (6) months in advance of the expected start date of the MSR and/or the port visit or call, whichever is the earlier date.

Category 2 applications must be lodged two (2) months in advance of the expected date of the first port call or visit.

Where is the PVS application submitted?

The Australian Government Department of Foreign Affairs & Trade (DFAT) manages the PVS application process on behalf of the Australian Government. All applications for PVS must be submitted to:

Public Vessel Status Officer
Sea Law Section (SEL)
International Legal Branch II
Department of Foreign Affairs & Trade
RG Casey Building
John McEwen Crescent
BARTON ACT 0221
Email: pvs@dfat.gov.au
Telephone: +61 (0)2 6261 1111
Facsimile: +61 (0)2 6112 3600

If additional permits are required as part of a PVS application, those applications cannot be made until an PVS application has been made to DFAT. Any permit required is in addition to and not as an alternative to a PVS application. A permit does not circumvent the need for a grant of PVS. A grant of PVS cannot be made until the outcome of any additional permits is known.

What must be submitted when making a PVS application?

All applications must be lodged under cover of Third Person Note (TPN).

The following forms must be completed for each category of application:

• Category 1 – Attachment A
• Category 1A – Attachment A; B and D
• Category 2 – Attachment B and D.

These forms contain all the information required to submit a PVS request to the Government of Australia. All information in each application form (where applicable to an application type/category) must be completed and attached to TPNs. Full and accurate information must be provided so applications can be progressed as quickly as possible.

What if a PVS Application requires amendment?

If an application needs to be amended, any amendment must be submitted to the PVS Officer, SEL, under cover of TPN and within the following timeframes:

• Category 1 and 1A – two (2) months in advance of the expected start date of the MSR and/or port call or visit, whichever is the earlier date;
• Category 2 – one (1) month in advance of the expected date of the first port call or visit.

Assessment process and disclosure of information

The purpose of collecting information in connection with applications is to assess whether the Australian Government consents to MSR being conducted in Australian waters and/or on its Continental Shelf under Part XIII of UNCLOS (Articles 238-265), and/or whether to grant PVS to foreign vessels.

Applications are assessed by the Department of Foreign Affairs & Trade (DFAT) in consultation with other relevant Australian Government Departments and Agencies including Australian State and Territory Government Departments and Agencies.

In turn, other Australian Government Departments and Agencies exchange and disclose/provide information related to application including material related to the requirement for any additional permits with DFAT for the purpose of assessing and processing your application for PVS and any additional permits required or conditions imposed.

Outcomes

Following consideration of the PVS application by DFAT and relevant Australian Government Departments and Agencies, DFAT may:

• Seek additional information
• Conditionally approve the PVS application
• Approve the PVS application
• Decline the PVS application.

Relevant government departments and agencies will be advised on the outcome of your application.

Conditions imposed on PVS approvals

Reasonable conditions may be imposed on any permission granted pursuant to and directed towards compliance with DFAT's PVS guidelines, applicable Australian Federal, State or Territory laws and Treaties and Conventions to which Australia is a party, including UNCLOS and the 1992 Convention on Biological Diversity.

Conditions may also address commercial benefits which might flow from research in the territorial sea, EEZ, Australian Fishing Zone (AFZ) and the Australian continental shelf. Research proponents may be requested to complete an Australian Statutory Declaration pursuant to the Statutory Declarations Act 1959.

Where research is planned within three (3) nautical miles of Australia's territorial sea baselines, there may also be additional requirements or conditions applied pursuant to the laws of the adjacent Australian state or territory authority.

Coastal state participation and provision of MSR outcomes

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

As mentioned above, vessels conducting MSR 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, the results, both preliminary and final, of all marine scientific research undertaken;
• proposals to provide, in a timely manner, copies of such data in standard international formats, and to lodge samples of all materials and species collected; and
• proposals to provide a timely assessment of data, samples and research results or provide assistance in their assessment or interpretation.

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 (including vessels transiting through Australia's marine jurisdiction), are encouraged, where the capability exists, to acquire and record multibeam sonar bathymetry and backscatter data, magnetics and gravity data, meteorological data, and oceanographic data in Australia's marine jurisdiction. This data must be submitted to the relevant repositories (see Table 1 below) and will be made available under a Creative Commons 3.0 attribution licence consistent with the Australian Government's published Statement of IP Principles for Australian Government Agencies and Principles on the Open Public Sector Information from the Office of the Australian Information Commissioner. Vessels transiting through Australia's marine jurisdiction are also included.

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, Royal Australian Navy – Australian Hydrographic Service and the Chief Executive Officer, Geoscience Australia.

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 Executive Officer, Australian Ocean Data Centre Joint Facility (AODCJF) that data and sample metadata submission has occurred. The Executive Officer will then advise the general Australian Government marine community of the submission of that data. This advice will be provided to the Executive Officer, ADODCJF within one (1) month of data submission, and the Executive Officer will advise the general Australian Government marine community within one (1) month of receiving notification of data submission.

All survey reports and sundry survey information will be lodged with the Executive Officer, ADODCJF, who will make this available through the Australian Ocean Data Network.

All MSR data collected within Australia's marine jurisdiction will be archived by the relevant authority of that coastal State and will be made freely available to the public according to the Commonwealth Policy on Spatial Data Access and Pricing 2001.

In special circumstances, a maximum two-year confidentiality period on general access to the data holdings may be considered upon further application to protect the principal investigators' own research.

At the conclusion of the voyage, the applicant or the voyage Chief Scientist is requested to provide a document indicating 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 on behalf of one of the Australian Archiving Institution and coordinate management and dissemination of the information on behalf of the applicant. In addition, the international institution sponsoring the vessel may, with the consent of the AODCJF, elect to also 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 the information below on environment protection and conservation. 

How is the launch of Argo and Argo-equivalent profiling floats treated?

Argo is sponsored by the World Climate Research Programme's Climate Variability and Predictability project (CLIVAR) and by the Global Ocean Data Assimilation Experiment (GODAE). It is a pilot project of the Global Ocean Observing System (GOOS).

The Australian Government views the deployment of Argo floats and their equivalents for collecting temperature and salinity observations as MSR as that term is used in UNCLOS. Australia requires formal notification under UNCLOS for such deployments 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 floats on the high seas or in waters under the jurisdiction of other coastal States of scientific devices/floating ocean observation devices (known as ARGO floats) over whose subsequent movements in the horizontal plane they have no control need not seek the consent of any other coastal State, including Australia, into whose territorial sea or EEZ the devices might foreseeably drift under the influence of prevailing winds or currents.

Australian Government requirements which form part of the PVS process

Department of Defence, Department of Australian Border Force (ABF) and Australian Fisheries Management Authority requirements (AFMA), where applicable must be completed as part of a PVS application.

Defence requirements: details of the vessel

The Australian Department of Defence requires details of public vessels entering Australian ports. The following information is the minimum required to process a Diplomatic Clearance and must be provided as part of a PVS application. This information is included in our template forms (Attachment A and Attachment D) and separately (Attachment C):

• Name of Ship:
• Side Number:
• Type of ship (include ship designator for e/g DDG):
• Ports to visit in Australia including Estimated Time of Arrival and Estimated Time of Departure:
• Type of visit (see note 1 below) – please provide reason/s for visit.
• Name and Rank of Commanding Officer:
• Officers Borne:
• Other Ranks Borne:
• Non-service Borne:
• Length overall:
• Beam:
• Draft:
• Displacement:
• Masthead height:
• All individual discrete radio frequencies intending to be used and maximum output and emission designator (see note 2 below):
• All radars and frequencies and maximum output (see note 2 below):
• Details of TACAN/DME, IMARSAT if fitted:
• Embarked aircraft:
  • Rotary-Wing (YES/NO):
  • Fixed Wing (YES/NO):
  • Any spectrum required for the above, if YES (see note 2 below):
  • Please indicate whether flying operations are planned in vicinity of the ship during the visit:
• Last port of call prior to entering Australian waters:

Notes

1. Type of Visit (please include details of the reason for the visit)

Formal visits are those visits that require special honours and ceremonies to be rendered. These are normally made when ships are participating in national ceremonies or on other special occasions usually at the request of the host government.

Informal visits are those visits that involve participation in local ceremonies in which formalities are normally restricted to customary salutes and exchange of calls.

Operational visits are those which are made primarily for logistic purposes, recreation, combined exercises or in connection with operational tasks. Please include operation name or exercise name if known.

2. Frequency Clearance

To provide frequency clearances for visiting warships and similar vessels to Australian Ports, Defence requires details of individual frequencies required to support intended port visits by the relevant foreign warship or government vessel.

Often a request will not list the individual HF, VHF, UHF or Radar frequencies but will instead list 'blanket' type spectrum (i.e., a range), for example 2.0 to 30 MHz. Defence is not able to provide approval to a request of this nature.
To enable frequency clearance approval or denial advice to be provided individual frequencies must be advised.

All requests for a diplomatic clearance must include individual discrete frequencies for radio and radar intended to be used during the proposed visit. Without this information Defence will not be in a position to provide the necessary diplomatic clearance.

Immigration requirements: details of the crew

Anyone other than Australian citizens travelling to, or 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;
• a MCV; and
• 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 most efficient means of applying for an MCV is to lodge an 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.

Ensuring that crew members hold a MCV prior to arrival in Australia, is the responsibility of the vessel. If a crew member arrives in Australia without a valid visa, the vessel that they arrived on may be subject to an infringement notice, and the crew member may be taken into immigration detention.

Vessels which have the capacity to fish: port and scientific research 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 (PP – Application for Port Permit). A fee is payable in respect of Port Permit Applications, but the fee is refunded should PVS be granted.

Scientific research 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 on 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 (SP1 – Application for Scientific Permit). There is no fee attached to the application for Scientific Permit.

Both additional permit applications are available from:

Australian Fisheries Management Authority
Licensing and Quota Management
PO Box 7051
Canberra Business Centre, ACT 2610

Or online, where they are found on this page under the heading 'Other licensing and quota management forms': http://www.afma.gov.au/resource-centre/publications-and-forms/fisheries/licensing-and-quota-management/

Maritime safety information

AMSA's Joint Rescue Coordination Centre (JRCC Australia) provides Maritime Safety Information (MSI) via Inmarsat SafetyNET. This service is designed to give the mariner information relating to navigation hazards and aids to navigation.

Vessels for which approval is given to conduct marine scientific research are to notify JRCC Australia through rccaus@amsa.gov.au (Phone: 1800 641 792 or +61 2 6230 6811) for the promulgation of appropriate MSI broadcasts 24 to 48 hours before research operations or activities commence. The JRCC will require the vessels' details (including name, callsign and Maritime Mobile Service Identity (MMSI)), satellite communications details (including INMARSAT-C and satellite telephone), and area of operations. The JRCC also needs to be advised when operations start and end.

Australian Government requirements which are undertaken prior to the vessel’s arrival in port

Customs and border protection requirements

The Australian Border Force completes immigration checks on all travellers at the time of arrival to Australia on behalf of the Department of Home Affairs. All non-military vessels must provide details of travellers on board to Australian Border Force 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 on the Australian Border Force website.

Australian Border Force 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 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 Service Office will provide the master of a public vessel a clearance to depart the port.

Biosecurity (quarantine) requirements

Pre-arrival report

All vessels must submit a Quarantine Pre-Arrival Report (QPAR) to the Australian Department of Agriculture, Fisheries, and Forestry (DAFF) (formerly Australian Quarantine and Inspection Service (AQIS)) 12-96 hours prior to arrival. Vessels 25 metres and greater are required to hold a valid Ship Sanitation Certificate (SSC). This form and guidelines are available on the DAFF website.

Vessel inspection and quarantine surveillance

A routine vessel inspection may be conducted on arrival and those vessels that carry water as ballast will be required to manage their ballast water in accordance with DAFF Biosecurity 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 DAFF Biosecurity.

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 DAFF Biosecurity.

DAFF Biosecurity has increased general surveillance of all vessels, including crew and goods removed from vessels. DAFF Biosecurity 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 biosecurity 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 Biosecurity (Quarantine) officer, in relation to goods being taken off the vessels (currently penalties of an on-the-spot fine of up to $220 fine and/or prosecution/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 DAFF Biosecurity under section 20AA of the Quarantine Act 1908.

For further information and quarantine forms please refer to the Seaports Program web site at http://www.daff.gov.au/aqis/avm/vessels

MSR: additional permits that may be required as part of a PVS application

As noted in this document, obtaining the following permits (where necessary) is in addition to and not in the alternative to seeking and being granted PVS.

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)

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
• 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 Change, Energy, Environment and Water (DCCEEW) 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.

For further information about the EPBC Act, see the DCCEEW website or contact the Community Information Unit on:

• Telephone: 1800 803 772.
• Email: epbc.referrals@dcceew.gov.au

Activities which may impact on a protected species 

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

Activities in 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.

• 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 Australian Government Environment Minister or the Minister's delegate. A permit can only be issued if the activity will contribute significantly to the conservation of the species of whale, dolphin or porpoise;
• 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 DCCEEW. Certain specimens are, however, exempt from these export permission requirements, including some species of commercially harvested molluscs and crustaceans.

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 a cetacean within a distance of 100 metres (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 (such as a Sightings Report) to DCCEEW at the completion of the voyage.

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 DCCEEW within seven (7) days of becoming aware of the action.

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

• Telephone the Community Information Unit on: 1800 803 772
• Email: ciu@dcceew.gov.au

Activities in Marine Protected Areas 

You cannot undertake Research in a Commonwealth Marine Protected Area (which may include both sea and islands) requires a permit. The locations of Commonwealth Marine Protected Areas (MPA) can be found on the Australian Marine Parks 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 DCCEEW 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.

The PVS Officer will advise if a permit is required for the MSR.

For application forms or other enquiries regarding permits for research within Commonwealth Marine Protected Areas, please contact marineparks@dcceew.gov.au.

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.

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 Australian Government regulations only apply in Commonwealth areas (defined in s525 of the EPBC Act), though similar State government regulations may also apply. Please contact grm@dcceew.gov.au for further information.

If a vessel proposes to undertake this form of research the requesting state must complete an Access to biological resources in Commonwealth areas permit Application Form and submit this as part of the PVS application.

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, within Australia's marine jurisdiction 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).

Application for authority consents should be lodged with the National Offshore Petroleum Titles Administrator (NOPTA). The contact details can be obtained through the NOPTA website. It should be noted that conditions and fees 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). Visit the DCCEEW website for details of the EPBC Act referral process.

Proponents of offshore seismic operations should also refer to 'EPBC Act Policy Statement 2.1 - Interaction between Offshore Seismic Exploration and Whales'.

Great Barrier Reef Marine Park Act 1975

Persons wishing to undertake marine scientific research and other activities, including passage other than through recognised shipping channels, within the Great Barrier Reef Marine Park ^[1] 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 (GBRMPA) (www.gbrmpa.gov.au).

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 GBRMPA. Restrictions apply to the conduct of certain research activities at certain locations.

Sea Installations Act 1987

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 DCCEEW, or the GBRMPA if the installation is proposed to be installed or operated within the Great Barrier Reef Marine Park.

See the DCCEEW website for details on the Sea Installations Act 1987 and the permit process.

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 the 1996 Protocol to the London Convention.

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 Protocol, Article 1.4.2.1).

The Sea Dumping Act 1981 is administered by the DCCEEW 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.

See the DCCEEWW website for details of the Sea Dumping Act and the permit process.

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

The Manager
Environmental Impact Management
Great Barrier Reef Marine 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. Before the Australian Antarctic Division will issue a permit under either piece of legislation, the proponent must prepare a written report detailing the environmental impacts that the proposed activity would be likely to have on the environment. Further details are available on the following website: http://www.heardisland.aq/. Contact can also be made via email: himi@aad.gov.au.

Search and rescue

Vessels for which approval is given to conduct marine scientific research within the Australian Search and Rescue Region or to enter an Australian port should comply with the Modernised Australian Ship Tracking and Reporting System (MASTREP) and the Great Barrier Reef and Torres Strait Ship Reporting System (REEFREP) as prescribed in Marine Order 63 under the Australian Navigation Act 2012.

The method of reporting is via Automatic Identification System (AIS). Any malfunction of AIS must be reported to the JRCC Australia. If the master of the vessel switches off the AIS, this action and the reason for it must be reported to JRCC Australia, unless the reporting would compromise the safety or security of the vessel.

Details of reporting requirements are contained in Marine Order 63 published by the Australia Maritime Safety Authority (links to these resources are available via the internet at www.amsa.gov.au).

24-Hour emergency helpline
Within Australia: 1800 641 792
Outside Australia: +61 2 6230 6811

Incident reporting

The AMSA webpage provides a summary of the principal requirements for notification to AMSA when there is an incident that has affected, or is likely to affect the safety, operation, or seaworthiness of the vessel.

Reporting marine pollution incidents

24-Hour emergency helpline:
Within Australia: 1800 641 792
Outside Australia: +61 2 6230 6811

Port State control

Port State control inspections of foreign vessels in Australian ports is provided for by the Navigation Act 2012 (Navigation Act). Section 10 of the Navigation Act provides that the Act does not apply to or in relation to:

1. a warship
2. a Government vessel that is used only on government non-commercial service as a naval auxiliary; or
3. a vessel used by a foreign country for customs or law enforcement purposes.

Hence, all other vessels calling at Australian ports could be subject to PSC inspection.

Under s 257 of the Navigation Act, AMSA inspectors have the power to board all vessels for the purpose of finding out whether the Navigation Act has been complied with. The inspector can investigate whether the vessel has the required international certification or is seaworthy, and can detain the vessel for failure to comply with these requirements.

AMSA notes that government vessels on non-commercial service are not subject to some international conventions unless their flag State so requires. Furthermore, customary international law maintains and preserves the immunities otherwise available to government ships on non-commercial service in port.

Hence, AMSA's general position is to inspect vessels with public vessel status only when it has a specific reason to do so. AMSA nevertheless expects that all vessels with public vessel status comply with any or all legislative or operational requirements and at all times, work in such a way that will assist in ensuring the safety of vessels and persons on board and the preservation of the marine environment.

The AMSA website has further details on Port State control.

Contact: psc@amsa.gov.au

Attachments

• Attachment A - Application for Consent to Conduct Marine Scientific Research [PDF 167 KB]
• Attachment A - Application for Consent to Conduct Marine Scientific Research [DOCX 32 KB]
   
• Attachment B - Crew List including Scientific Personnel (abf.gov.au) [PDF 146 KB]
   
• Attachment C - Defence Diplomatic Clearance Requirements [PDF 90 KB]
• Attachment C - Defence Diplomatic Clearance Requirements [DOCX 21 KB]
   
• Attachment D - Application For Consent To Undertake A Port Call/s At An Australian Port/s As A Public Vessel [PDF 120 KB]
• Attachment D - Application For Consent To Undertake A Port Call/s At An Australian Port/s As A Public Vessel [DOCX 26 KB]