{"id":"nsw:act-2012-005","name":"Marine Pollution Act 2012","slug":"marine-pollution-act-2012","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"5 of 2012","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174766,"registerId":"nsw-nsw:act-2012-005-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Marine Pollution Act 2012](/view/html/inforce/current/act-2012-005).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on a day or days to be appointed by proclamation.","sortOrder":2},{"sectionNumber":"2A","sectionType":"section","heading":"Object of Act","content":"#### 2A Object of Act\n\n2A Object of Act\n\n> > (1) The object of this Act is to enhance the protection of New South Wales State waters from marine pollution from vessels.\n> \n> > (2) This object is to be achieved primarily by giving effect to the relevant provisions of the following Annexes of MARPOL—\n> > \n> > > • Annex I, which deals with prevention of pollution by oil,\n> > \n> > > • Annex II, which deals with control of pollution by noxious liquid substances in bulk,\n> > \n> > > • Annex III, which deals with prevention of pollution by harmful substances in packaged form,\n> > \n> > > • Annex IV, which deals with prevention of pollution by sewage,\n> > \n> > > • Annex V, which deals with prevention of pollution by garbage.\n> \n> > (3) The object is also to be achieved by providing—\n> > \n> > > (a) an approach to protecting New South Wales State waters from ship-sourced pollutants that is complementary to the approach of the Commonwealth, and\n> > \n> > > (b) an effective framework for the protection of New South Wales State waters from pollution from vessels, and\n> > \n> > > (c) for the investigation of marine pollution incidents and for appropriate action following a marine pollution incident, and\n> > \n> > > (d) for the imposition of penalties on persons who pollute New South Wales State waters in contravention of this Act.\n> \n> **s 2A:** Ins 2021 No 8, Sch 1.1\\[1\\].","sortOrder":3},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> In this Act—\n> \n> Australian ship means—\n> \n> > (a) a ship registered in Australia, or\n> \n> > (b) an unregistered ship having Australian nationality.\n> \n> cargo record book, in relation to a ship, means a book required to be carried on board the ship by section 124.\n> \n> certified—\n> \n> > (a) in relation to a ship with a home port in this State—means certified by Transport for NSW or the Australian Maritime Safety Authority, or\n> \n> > (b) in relation to an Australian ship with a home port outside this State—means certified by the Australian Maritime Safety Authority or by the interstate maritime authority that regulates its home port, or\n> \n> > (c) in relation to a ship having nationality outside Australia—means certified by the relevant national maritime authority of the country whose flag the ship is entitled to fly.\n> \n> discharging includes jettisoning.\n> \n> foreign ship means a ship that is not an Australian ship.\n> \n> function includes a power, authority or duty, and exercise a function includes perform a duty.\n> \n> garbage discharge requirements placard, in relation to a ship, means a placard required to be displayed on the ship by section 110.\n> \n> garbage management plan, in relation to a ship, means a plan required to be carried on board the ship by section 107.\n> \n> garbage record book—\n> \n> > (a) in relation to a ship—means a book required to be carried on board the ship by section 135, or\n> \n> > (b) in relation to a platform—means a book required to be carried on the platform by section 136.\n> \n> Government ship has the same meaning as in section 13 (1) of the [Protection of the Sea (Civil Liability) Act 1981](http://www.legislation.gov.au/) of the Commonwealth.\n> \n> harmful substance means a substance that is identified as a marine pollutant in the International Maritime Dangerous Goods Code and includes a substance that meets the criteria in the Appendix of Annex III of MARPOL.\n> \n> inspector means a person who is appointed under section 226 to be an inspector for the purposes of this Act.\n> \n> International Maritime Dangerous Goods Code means the Code adopted by the International Maritime Organization by resolution A.716(17), as amended from time to time.\n> \n> jettisoning includes leakage and accidental discharge or loss overboard.\n> \n> large ship means a ship—\n> \n> > (a) that has a gross tonnage of 400 or more, or\n> \n> > (b) that has a gross tonnage of less than 400 and that is certified to carry more than 15 persons, or\n> \n> > (c) that does not have a measured tonnage and is certified to carry more than 15 persons.\n> \n> marine pollutant means any one, or any combination, of the following substances (whether in bulk, packaged or another form)—\n> \n> > (a) oil,\n> \n> > (b) a noxious liquid substance,\n> \n> > (c) a harmful substance, whether or not in packaged form,\n> \n> > (d) sewage,\n> \n> > (e) garbage.\n> \n> MARPOL means the International Convention for the Prevention of Pollution from Ships, 1973—\n> \n> > (a) as corrected by the Proces-Verbal of Rectification dated 13 June 1978, and\n> \n> > (b) as affected by any amendment made under Article 16 of MARPOL, other than an amendment not accepted by Australia or that has not entered into force in Australia, and\n> \n> > (c) as modified and added to by the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973, as affected by any amendment to that Protocol made under Article VI of that Protocol other than an amendment not accepted by Australia or that has not entered into force in Australia.\n> \n> Note.\n> \n> The full text of the 1973 Convention and the 1978 Protocol referred to in this definition (including all amendments) can be found by searching for “MARPOL” on the website of the Australian Maritime Safety Authority (www.amsa.gov.au). The amendments accepted by Australia are the amendments reproduced on that website.\n> \n> master, in relation to a ship, means a person, other than a pilot, having command or charge of the ship.\n> \n> mixture includes ballast water, tank washings and other residues.\n> \n> NSW sewage pollution prevention certificate means a certificate issued under section 155 (3).\n> \n> occupier—\n> \n> > (a) in relation to a place on land (other than a pipeline) means—\n> > \n> > > (i) the person exercising personally or by employees or agents the right of occupation of the land, or\n> > \n> > > (ii) if there is no occupier—the owner of the land, and, in the case of a vehicle, includes the person in charge and the owner of the vehicle, but does not include the occupier or owner of the land on or over which the vehicle stands or moves, and\n> \n> > (b) in relation to a pipeline means—\n> > \n> > > (i) the owner of the pipeline, and\n> > \n> > > (ii) the lessee, licensee or user of any lease, licence or right of user for the use of the pipeline for the carriage of oil or a noxious liquid substance or any combination of those substances (whether in bulk, packaged or another form).\n> \n> oil record book, in relation to a ship, means a book required to be carried on board the ship by section 113.\n> \n> overseas voyage has the same meaning as in the [Navigation Act 2012](http://www.legislation.gov.au/) of the Commonwealth.\n> \n> packaged form means a form of containment specified for harmful substances in the International Maritime Dangerous Goods Code.\n> \n> place on land includes the following—\n> \n> > (a) any structure or apparatus on or above or below the surface of any land,\n> \n> > (b) any thing or vehicle resting on or moving over land,\n> \n> > (c) any thing resting on or lying under the bed, bank or shore of any State waters,\n> \n> > (d) a pipeline,\n> \n> > (e) any thing afloat (other than a ship) if it is anchored or attached to the bed, bank or shore of any State waters or is used in any operation for the exploration of the sea-bed or subsoil beneath any State waters or for the exploitation of the natural resources of that sea-bed or subsoil.\n> \n> port has the same meaning as in the [Ports and Maritime Administration Act 1995](/view/html/inforce/current/act-1995-013).\n> \n> Port Authority of New South Wales means the Port Authority of New South Wales established under the [Ports and Maritime Administration Act 1995](/view/html/inforce/current/act-1995-013).\n> \n> procedures and arrangements manual, in relation to a ship, means a manual for the ship required to be carried on board the ship by section 104.\n> \n> recreational vessel means a vessel used wholly for the purpose of recreational or sporting activities and not for hire or reward.\n> \n> responsible—see section 5.\n> \n> ship means a vessel of any type capable of being used on or in water and includes—\n> \n> > (a) a hydrofoil boat, or\n> \n> > (b) an air-cushion vehicle, or\n> \n> > (c) a submersible or submarine, or\n> \n> > (d) a floating craft, or\n> \n> > (e) a fixed or floating platform, or\n> \n> > (f) a barge (whether self-propelled or not), or\n> \n> > (g) a sea-plane, or\n> \n> > (h) a floating dock (whether self-propelled or not).\n> \n> shipboard marine pollution emergency plan for noxious liquid substances, in relation to a ship, means a plan required to be carried on board the ship by section 100.\n> \n> shipboard oil pollution emergency plan, in relation to a ship, means a plan required to be carried on board the ship by section 95.\n> \n> State waters means—\n> \n> > (a) coastal waters of the State, within the meaning of Part 10 of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015), and\n> \n> > (b) waters within the limits of the State.\n> \n> strictly prohibited oily mixture means a mixture that contains oil and that also contains—\n> \n> > (a) chemicals or other substances in quantities or concentrations that are hazardous to the marine environment, or\n> \n> > (b) chemicals or other substances that have been introduced for the purpose of attempting to prevent the application of section 15, 16 or 17 to the discharge of a mixture containing oil from a ship.\n> \n> transfer operation—see section 5A.\n> \n> unavoidable damage, in relation to a ship, means any damage other than the following—\n> \n> > (a) damage deliberately caused by the master or owner of, or a member of the crew of, the ship,\n> \n> > (b) damage recklessly caused by the master or owner of, or a member of the crew of, the ship, with the knowledge that damage would probably result,\n> \n> > (c) damage arising as a result of the negligence of the master or owner of, or a member of the crew of, the ship,\n> \n> > (d) deterioration resulting from failure to maintain the ship or equipment,\n> \n> > (e) defects that develop during the normal operation of the ship or equipment.\n> \n> uncategorised noxious liquid substance means a liquid substance—\n> \n> > (a) that has not been categorised in accordance with Regulation 6.1 of Annex II of MARPOL, and\n> \n> > (b) that has not been provisionally assessed in accordance with Regulation 6.3 of Annex II of MARPOL.\n> \n> **s 3:** Am 2020 No 30, Sch 4.40\\[1\\]; 2021 No 8, Schs 1.1\\[2\\]–\\[7\\], 1.2\\[1\\]; 2025 No 66, Sch 4.4.","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Expressions used in this Act and MARPOL","content":"#### 4 Expressions used in this Act and MARPOL\n\n4 Expressions used in this Act and MARPOL\n\n> > (1) An expression used in this Act that is also used in MARPOL (whether or not a particular meaning is assigned to it by MARPOL), has in this Act the same meaning as in MARPOL.\n> \n> > (2) Except as far as the context or subject matter otherwise indicates or requires, if a word or expression is defined in MARPOL (including Protocol I or an Annex of MARPOL) and this Act—\n> > \n> > > (a) this Act’s definition does not limit or exclude, but may extend, the meaning of the word or expression given under MARPOL, and\n> > \n> > > (b) the definitions are to be read in the context of each other and the other provisions of this Act, but, if the definitions so read are inconsistent, the MARPOL definition is displaced.\n> \n> **s 4:** Am 2021 No 8, Sch 1.2\\[2\\].","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Meaning of “responsible”","content":"#### 5 Meaning of “responsible”\n\n5 Meaning of “responsible”\n\n> For the purposes of this Act, a person is responsible for a discharge if that person, or another person acting under the direction of that person, committed an act that caused the discharge and the person committed the act—\n> \n> > (a) with intent to cause the discharge, or\n> \n> > (b) recklessly and with the knowledge that the discharge would probably result, or\n> \n> > (c) negligently.","sortOrder":6},{"sectionNumber":"5A","sectionType":"section","heading":"Meaning of ”transfer operation”","content":"#### 5A Meaning of ”transfer operation”\n\n5A Meaning of ”transfer operation”\n\n> For the purposes of this Act, transfer operation—\n> \n> > (a) means an operation that is involved in the preparation for, or in the commencement of, carrying on or termination of, a transfer of oil or a noxious liquid substance or a combination of those substances, whether in bulk, packaged or another form, to or from a ship or a place on land, but\n> \n> > (b) does not include a transfer of oil cargo at sea between oil tankers with a gross tonnage of 150 or more, to which Chapter 8 of Annex I of MARPOL applies.\n> \n> **s 5A:** Ins 2021 No 8, Sch 1.1\\[8\\].","sortOrder":7},{"sectionNumber":"5B","sectionType":"section","heading":"References to ”certified to carry”","content":"#### 5B References to ”certified to carry”\n\n5B References to ”certified to carry”\n\n> > (1) A reference in this Act to a ship that is certified to carry a number of persons is taken to include a ship displaying, on an Australian Builders Plate, information about the maximum number of persons the ship may carry if the ship is fitted with an Australian Builders Plate containing the information.\n> \n> > (2) In this section—\n> > \n> > Australian Builders Plate means a plate issued in accordance with the National Standard for the Australian Builders Plate for Recreational Boats developed by the National Marine Safety Committee, as in force from time to time.\n> \n> **s 5B:** Ins 2021 No 8, Sch 1.1\\[8\\].","sortOrder":8},{"sectionNumber":"6","sectionType":"section","heading":"Time when ship taken to be proceeding on voyage","content":"#### 6 Time when ship taken to be proceeding on voyage\n\n6 Time when ship taken to be proceeding on voyage\n\n> For the purposes of the Act, a ship is taken to be proceeding on a voyage from the time when it is got under way for the purpose of proceeding on the voyage until the time when it is got under way for the purpose of proceeding on another voyage.\n> \n> **s 6:** Am 2021 No 8, Sch 1.1\\[9\\].","sortOrder":9},{"sectionNumber":"7","sectionType":"section","heading":"References to tonnage","content":"#### 7 References to tonnage\n\n7 References to tonnage\n\n> > (1) A reference in this Act to the gross tonnage of a ship not expressed in tons is, in the application of this Act to a non-TMC ship, taken to be a reference to the gross tonnage of the ship expressed in tons.\n> \n> > (2) In this section—\n> > \n> > non-TMC ship means a ship the gross tonnage of which has been determined otherwise than in accordance with the Tonnage Convention.\n> > \n> > Tonnage Convention has the same meaning as in the [Navigation Act 2012](http://www.legislation.gov.au/) of the Commonwealth.\n> \n> **s 7:** Am 2021 No 8, Schs 1.1\\[10\\] \\[11\\], 1.2\\[3\\].","sortOrder":10},{"sectionNumber":"8","sectionType":"section","heading":"Notes","content":"#### 8 Notes\n\n8 Notes\n\n> Notes and examples included in this Act do not form part of this Act.\n> \n> Note.\n> \n> To assist the reader, many provisions of this Act contain editor’s notes drawing attention to the provision of MARPOL that the provision of the Act gives effect to.\n> \n> **s 8:** Am 2021 No 8, Sch 1.1\\[12\\].","sortOrder":11},{"sectionNumber":"Part 2","sectionType":"part","heading":"Application of Act","content":"# Part 2 Application of Act\n\nPart 2 Application of Act","sortOrder":12},{"sectionNumber":"9","sectionType":"section","heading":"Saving of other laws","content":"#### 9 Saving of other laws\n\n9 Saving of other laws\n\n> This Act is to be read and construed as being in addition to, and not in derogation of, any other law of the State.\n> \n> Note.\n> \n> It is noted that section 7 (3) of the [Protection of the Environment Operations Act 1997](/view/html/inforce/current/act-1997-156) provides that this Act prevails over that Act.\n> \n> **s 9:** Am 2021 No 8, Sch 1.2\\[4\\].","sortOrder":13},{"sectionNumber":"10","sectionType":"section","heading":"Act subject to Ports and Maritime Administration Act 1995","content":"#### 10 Act subject to Ports and Maritime Administration Act 1995\n\n10 Act subject to [Ports and Maritime Administration Act 1995](/view/html/inforce/current/act-1995-013)\n\n> This Act is subject to the [Ports and Maritime Administration Act 1995](/view/html/inforce/current/act-1995-013).\n> \n> **s 10:** Am 2021 No 8, Sch 1.2\\[5\\].","sortOrder":14},{"sectionNumber":"11","sectionType":"section","heading":"Detention of ships and holding of security over them: exclusion of matters from operation of Commonwealth Act","content":"#### 11 Detention of ships and holding of security over them: exclusion of matters from operation of Commonwealth Act\n\n11 Detention of ships and holding of security over them: exclusion of matters from operation of Commonwealth Act\n\n> > (1) The exercise, while a ship is compulsorily detained under this Act, of a right of seizure created by the Commonwealth Act is declared to be an excluded matter for the purposes of section 259 of the Commonwealth Act in relation to section 123 of that Act.\n> \n> > (2) The priority given to interests (within the meaning of the Commonwealth Act) by Division 2 of Part 2.6 of the Commonwealth Act, to the extent that it would give priority to such an interest over a statutory State interest in a ship, is declared to be an excluded matter for the purposes of section 259 of the Commonwealth Act in relation to Division 2 of Part 2.6 of that Act.\n> \n> > (3) In this section—\n> > \n> > Commonwealth Act means the [Personal Property Securities Act 2009](http://www.legislation.gov.au/) of the Commonwealth.\n> > \n> > compulsorily detained under this Act, in relation to a ship, means the detention of the ship under section 176, 186, 208, 221 or 237 of this Act.\n> > \n> > right of seizure created by the Commonwealth Act means a right under section 123 of the Commonwealth Act of a secured party (within the meaning of that Act) to seize collateral in the form of a ship.\n> > \n> > statutory State interest means an interest of the Minister under a security provided in compliance with section 186, 208, 223 or 237 of this Act.\n> \n> Note.\n> \n> New South Wales has referred certain matters relating to security interests in personal property to the Commonwealth, which means that the Commonwealth Parliament has power under section 51(xxxvii) of the [Commonwealth Constitution](http://www.legislation.gov.au/) to make laws in respect of those matters. The Commonwealth Parliament passed the [Personal Property Securities Act 2009](http://www.legislation.gov.au/). Normally a law of the Commonwealth prevails over a State law to the extent of any inconsistency between them (see section 109 of the [Commonwealth Constitution](http://www.legislation.gov.au/)). However, section 259 of the [Personal Property Securities Act 2009](http://www.legislation.gov.au/) of the Commonwealth provides that a law of a referring State can declare a matter to be an excluded matter for the purposes of that section. If that is done, the [Personal Property Securities Act 2009](http://www.legislation.gov.au/) does not apply in relation to the excluded matter. This section excludes certain matters in relation to certain provisions of the Commonwealth Act.\n> \n> **s 11:** Am 2021 No 8, Sch 1.1\\[13\\].","sortOrder":15},{"sectionNumber":"12","sectionType":"section","heading":"Application of Act to mixtures of marine pollutants","content":"#### 12 Application of Act to mixtures of marine pollutants\n\n12 Application of Act to mixtures of marine pollutants\n\n> > (1) In this Act, a reference to a discharge of a marine pollutant or a residue includes a reference to a discharge of a mixture that contains that marine pollutant or residue.\n> \n> > (2) If a mixture that contains more than one marine pollutant is discharged into State waters—\n> > \n> > > (a) if one of the pollutants discharged is garbage—see section 66A, or\n> > \n> > > (b) otherwise—each of the applicable Parts in relation to each of the marine pollutants in the mixture applies in relation to the mixture.\n> \n> > (3) However, a person is not liable to be convicted of an offence under more than one applicable Part in respect of the same discharge of a mixture.\n> \n> > (4) In this section—\n> > \n> > applicable Part means—\n> > \n> > > (a) in relation to oil—Part 3, or\n> > \n> > > (b) in relation to a noxious liquid substance—Part 4, or\n> > \n> > > (c) in relation to a harmful substance—Part 5, or\n> > \n> > > (d) in relation to sewage—Part 6.\n> \n> **s 12:** Am 2021 No 8, Sch 1.1\\[14\\]\\[15\\].","sortOrder":16},{"sectionNumber":"13","sectionType":"section","heading":"Discharge outside State waters that enters State waters","content":"#### 13 Discharge outside State waters that enters State waters\n\n13 Discharge outside State waters that enters State waters\n\n> > (1) The discharge of a marine pollutant onto or into any land or waters, or any structure or thing, that occurs outside State waters is, for the purposes of this Act, taken to be a discharge into State waters of the marine pollutant if the whole or any part of the marine pollutant enters any State waters.\n> \n> > (2) The discharge is taken to happen when the discharged marine pollutant enters State waters.\n> \n> > (3) Despite subsections (1) and (2), a person is not liable to prosecution for an offence under this Act if—\n> > \n> > > (a) the discharge of a marine pollutant occurs and is taken to be a discharge of the marine pollutant into State waters by operation of this section, and\n> > \n> > > (b) a provision of the [Protection of the Sea (Prevention of Pollution from Ships) Act 1983](http://www.legislation.gov.au/) of the Commonwealth applies to the discharge giving effect to the following regulations of MARPOL—\n> > > \n> > > > (i) for the discharge of oil or oily mixtures from the cargo area of an oil tanker—Regulation 34 of Annex I of MARPOL,\n> > > \n> > > > (ii) for the discharge of Category X substances—Regulations 13.2.1 and 13.6.1 of Annex II of MARPOL,\n> > > \n> > > > (iii) for the discharge of Category Y substances and Category Z substances from ships constructed on or after 1 January 2007—Regulations 13.2.1 and 13.7.1 of Annex II of MARPOL,\n> > > \n> > > > (iv) for the discharge of Category Z substances from ships constructed before 1 January 2007—Regulations 13.2.1 and 13.2.2 of Annex II of MARPOL,\n> > > \n> > > > (v) for the discharge of comminuted and disinfected sewage—Regulation 11.1.1 of Annex IV of MARPOL,\n> > > \n> > > > (vi) for the discharge of sewage that is not comminuted or disinfected—Regulation 11.1.1 of Annex IV of MARPOL,\n> > > \n> > > > (vii) for the discharge of comminuted or ground food waste—Regulation 4.1.1 of Annex V of MARPOL,\n> > > \n> > > > (viii) for the discharge of food waste that is not comminuted or ground—Regulation 4.1.2 of Annex V of MARPOL,\n> > > \n> > > > (ix) for the discharge of cargo residues that cannot be recovered using commonly available methods for unloading—Regulation 4.1.3 of Annex V of MARPOL,\n> > > \n> > > > (x) for the discharge of animal carcasses—Regulation 4.1.4 of Annex V of MARPOL,\n> > > \n> > > > (xi) for the discharge of cleaning agents or additives contained in cargo hold, deck and external surfaces wash water—Regulation 4.2 of Annex V of MARPOL,\n> > > \n> > > > (xii) for the discharge of garbage from fixed or floating platforms or other ships when alongside or within 500 metres of a fixed or floating platform—Regulation 5 of Annex V of MARPOL.\n> \n> **s 13:** Am 2021 No 8, Schs 1.1\\[16\\], 1.2\\[6\\].","sortOrder":17},{"sectionNumber":"14","sectionType":"section","heading":"Discharges to which Act does not apply","content":"#### 14 Discharges to which Act does not apply\n\n14 Discharges to which Act does not apply\n\n> > (1) This Act does not apply to the following discharges—\n> > \n> > > (a) the release of relevant harmful substances directly arising from the exploration, exploitation and associated off-shore processing of sea-bed mineral resources,\n> > \n> > > (b) the release of relevant harmful substances for purposes of legitimate scientific research into pollution abatement or control,\n> > \n> > > (c) dumping within the meaning of the 1996 Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter 1972, done at London on 7 July 1996, as amended and in force for Australia from time to time.\n> > > \n> > > Note.\n> > > \n> > > The 1996 Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972 defines dumping as—\n> > > \n> > > > (a) any deliberate disposal into the sea of wastes or other matter from vessels, aircraft, platforms or other man-made structures at sea,\n> > > \n> > > > (b) any deliberate disposal into the sea of vessels, aircraft, platforms or other man-made structures at sea,\n> > > \n> > > > (c) any storage of wastes or other matter in the seabed and the subsoil thereof from vessels, aircraft, platforms or other man-made structures at sea,\n> > > \n> > > > (d) any abandonment or toppling at site of platforms or other man-made structures at sea, for the sole purpose of deliberate disposal.\n> > > \n> > > Under that Convention, dumping does not include—\n> > > \n> > > > (a) the disposal into the sea of wastes or other matter incidental to, or derived from the normal operations of vessels, aircraft, platforms or other man-made structures at sea and their equipment, other than wastes or other matter transported by or to vessels, aircraft, platforms or other man-made structures at sea, operating for the purpose of disposal of such matter or derived from the treatment of such wastes or other matter on such vessels, aircraft, platforms or other man-made structures,\n> > > \n> > > > (b) placement of matter for a purpose other than the mere disposal thereof, provided that such placement is not contrary to the aims of the Protocol, and\n> > > \n> > > > (c) abandonment in the sea of matter (e.g. cables, pipelines and marine research devices) placed for a purpose other than the mere disposal thereof.\n> \n> > (2) In this section—\n> > \n> > relevant harmful substances—\n> > \n> > > (a) means a substance which, if introduced into the sea, is liable to—\n> > > \n> > > > (i) create hazards to human health, or\n> > > \n> > > > (ii) harm living resources and marine life, or\n> > > \n> > > > (iii) damage amenities, or\n> > > \n> > > > (iv) interfere with other legitimate uses of the sea, and\n> > \n> > > (b) includes a substance subject to control by MARPOL.\n> \n> Editor’s note.\n> \n> See Article 2 of the International Convention for the Prevention of Pollution from Ships, 1973.\n> \n> **s 14:** Subst 2021 No 8, Sch 1.1\\[17\\].","sortOrder":18},{"sectionNumber":"Part 3","sectionType":"part","heading":"Prevention of pollution by oil","content":"# Part 3 Prevention of pollution by oil\n\nPart 3 Prevention of pollution by oil","sortOrder":19},{"sectionNumber":"Division 1","sectionType":"division","heading":"Offences relating to discharge of oil","content":"## Division 1 Offences relating to discharge of oil\n\nDivision 1 Offences relating to discharge of oil\n\nEditor’s note.\n\nSee Reg 15.1 of Annex I of MARPOL.\n\n**pt 3, div 1, note:** Ins 2021 No 8, Sch 1.2\\[7\\].","sortOrder":20},{"sectionNumber":"15","sectionType":"section","heading":"Discharging oil into State waters from a ship prohibited","content":"#### 15 Discharging oil into State waters from a ship prohibited\n\n15 Discharging oil into State waters from a ship prohibited\n\n> > (1) The master and the owner of a ship are each guilty of an offence if any oil is discharged from the ship into State waters.\n> > \n> > Maximum penalty—\n> > \n> > > (a) in the case of an individual—$500,000, or\n> > \n> > > (b) in the case of a corporation—$10,000,000.\n> \n> > (2) In proceedings for an offence against this section in relation to a ship—\n> > \n> > > (a) it is sufficient for the prosecution to allege and prove that oil was discharged from the ship into State waters, but\n> > \n> > > (b) it is a defence if it is proved that, by virtue of Division 2, this section does not apply in relation to the discharge.\n> \n> **s 15:** Am 2021 No 8, Sch 1.2\\[8\\].","sortOrder":21},{"sectionNumber":"16","sectionType":"section","heading":"Causing discharge of oil into State waters from a ship prohibited","content":"#### 16 Causing discharge of oil into State waters from a ship prohibited\n\n16 Causing discharge of oil into State waters from a ship prohibited\n\n> > (1) A crew member of a ship is guilty of an offence if the crew member’s act causes any oil to be discharged from the ship into State waters.\n> > \n> > Maximum penalty—$500,000.\n> \n> > (2) A person involved in the operation or maintenance of a ship is guilty of an offence if the person’s act causes any oil to be discharged from the ship into State waters.\n> > \n> > Maximum penalty—\n> > \n> > > (a) in the case of an individual—$500,000, or\n> > \n> > > (b) in the case of a corporation—$10,000,000.\n> \n> > (3) In proceedings for an offence against this section in relation to a ship—\n> > \n> > > (a) it is sufficient for the prosecution to allege and prove that—\n> > > \n> > > > (i) oil was discharged from the ship into State waters, and\n> > > \n> > > > (ii) the crew member or person involved in the operation or maintenance of the ship committed an act that caused the discharge, but\n> > \n> > > (b) it is a defence if it is proved that, by virtue of Division 2, this section does not apply in relation to the discharge.\n> \n> **s 16:** Am 2021 No 8, Sch 1.2\\[9\\].","sortOrder":22},{"sectionNumber":"17","sectionType":"section","heading":"Offence of being responsible for discharge of oil into State waters from a ship","content":"#### 17 Offence of being responsible for discharge of oil into State waters from a ship\n\n17 Offence of being responsible for discharge of oil into State waters from a ship\n\n> A person responsible for the discharge of any oil from a ship into State waters is guilty of an offence.\n> \n> Maximum penalty—\n> \n> > (a) in the case of an individual—$500,000, or\n> \n> > (b) in the case of a corporation—$10,000,000.\n> \n> **s 17:** Am 2021 No 8, Sch 1.2\\[10\\].","sortOrder":23},{"sectionNumber":"Division 2","sectionType":"division","heading":"Defences","content":"## Division 2 Defences\n\nDivision 2 Defences","sortOrder":24},{"sectionNumber":"18","sectionType":"section","heading":"Defence if discharge was caused by damage to ship or equipment","content":"#### 18 Defence if discharge was caused by damage to ship or equipment\n\n18 Defence if discharge was caused by damage to ship or equipment\n\n> Division 1 does not apply to the discharge of oil from a ship if—\n> \n> > (a) the oil escaped from the ship in consequence of unavoidable damage to the ship or its equipment, and\n> \n> > (b) all reasonable precautions were taken after the occurrence of the damage or the discovery of the discharge for the purpose of preventing or minimising the escape of the oil.\n> \n> Editor’s note.\n> \n> See Reg 4.2 of Annex I of MARPOL.\n> \n> **s 18:** Am 2021 No 8, Sch 1.2\\[11\\] \\[12\\].","sortOrder":25},{"sectionNumber":"19","sectionType":"section","heading":"Defence if discharge was to secure safety or save life","content":"#### 19 Defence if discharge was to secure safety or save life\n\n19 Defence if discharge was to secure safety or save life\n\n> Division 1 does not apply to the discharge of oil from a ship for the purpose of securing the safety of a ship or saving life at sea.\n> \n> Editor’s note.\n> \n> See Reg 4.1 of Annex I of MARPOL.\n> \n> **s 19:** Am 2021 No 8, Sch 1.2\\[13\\] \\[14\\].","sortOrder":26},{"sectionNumber":"20","sectionType":"section","heading":"Defence if discharge was for purpose of combating pollution","content":"#### 20 Defence if discharge was for purpose of combating pollution\n\n20 Defence if discharge was for purpose of combating pollution\n\n> Division 1 does not apply to the discharge of a mixture containing oil from a ship if the discharge was for the purpose of combating specific pollution incidents in order to minimise the damage from pollution and was approved by an officer prescribed by the regulations for the purposes of this section.\n> \n> Editor’s note.\n> \n> See Reg 4.3 of Annex I of MARPOL.\n> \n> **s 20:** Am 2021 No 8, Sch 1.2\\[15\\] \\[16\\].","sortOrder":27},{"sectionNumber":"21","sectionType":"section","heading":"Defence if discharge was authorised for training","content":"#### 21 Defence if discharge was authorised for training\n\n21 Defence if discharge was authorised for training\n\n> Division 1 does not apply to the discharge of oil from a ship if the discharge was authorised by the Minister for training purposes.\n> \n> **s 21:** Am 2021 No 8, Sch 1.2\\[17\\].","sortOrder":28},{"sectionNumber":"22","sectionType":"section","heading":"Defence for certain ships 400 tons or more and oil tankers","content":"#### 22 Defence for certain ships 400 tons or more and oil tankers\n\n22 Defence for certain ships 400 tons or more and oil tankers\n\n> Division 1 does not apply to the discharge of oil from a ship if—\n> \n> > (a) (Repealed)\n> \n> > (b) the ship has a gross tonnage of equal to or greater than 400, and\n> \n> > (c) the ship is proceeding en route, and\n> \n> > (d) in the case of a mixture containing oil, the mixture is processed using oil filtering equipment meeting the requirements set out by the regulations referred to in section 9 (4) (a) (iii) of the [Protection of the Sea (Prevention of Pollution from Ships) Act 1983](http://www.legislation.gov.au/) of the Commonwealth, and\n> \n> > (e) the oil content of the effluent without dilution does not exceed 15 parts in 1,000,000 parts, and\n> \n> > (f) the mixture is not a strictly prohibited oily mixture, and\n> \n> > (g) in the case of a mixture containing oil that is discharged from an oil tanker—\n> > \n> > > (i) the mixture does not originate from the cargo pump room bilges of the ship, and\n> > \n> > > (ii) the mixture is not mixed with oil cargo residue.\n> \n> Editor’s note.\n> \n> See Regs 15.2 and 15.8 of Annex I of MARPOL.\n> \n> **s 22:** Am 2021 No 8, Schs 1.1\\[18\\] \\[19\\], 1.2\\[18\\].","sortOrder":29},{"sectionNumber":"23","sectionType":"section","heading":null,"content":"#### 23\n\n23 (Repealed)","sortOrder":30},{"sectionNumber":"24","sectionType":"section","heading":"Defence for smaller ships and oil tankers","content":"#### 24 Defence for smaller ships and oil tankers\n\n24 Defence for smaller ships and oil tankers\n\n> Division 1 does not apply to the discharge of oil from a ship if—\n> \n> > (a) the ship has a gross tonnage of less than 400, and\n> \n> > (b) the ship is proceeding en route, and\n> \n> > (c) the ship has in operation equipment, of a kind that meets the requirements set out by the regulations referred to in section 9 (4) (c) (iii) of the [Protection of the Sea (Prevention of Pollution from Ships) Act 1983](http://www.legislation.gov.au/) of the Commonwealth, that ensures that the oil content of the effluent without dilution does not exceed 15 parts in 1,000,000 parts, and\n> \n> > (d) the mixture is not a strictly prohibited oily mixture, and\n> \n> > (e) in the case of a mixture containing oil discharged from an oil tanker—\n> > \n> > > (i) the mixture does not originate from the cargo pump room bilges of the ship, and\n> > \n> > > (ii) the mixture is not mixed with oil cargo residue.\n> \n> Editor’s note.\n> \n> See Regs 15.6 and 15.8 of Annex I of MARPOL.\n> \n> **s 24:** Am 2021 No 8, Sch 1.2\\[19\\] \\[20\\].","sortOrder":32},{"sectionNumber":"25","sectionType":"section","heading":"Defence for discharge of clean or segregated ballast from oil tankers","content":"#### 25 Defence for discharge of clean or segregated ballast from oil tankers\n\n25 Defence for discharge of clean or segregated ballast from oil tankers\n\n> Division 1 does not apply to the discharge from the cargo area of an oil tanker of clean or segregated ballast.\n> \n> Editor’s note.\n> \n> See Reg 34.2 of Annex I of MARPOL.\n> \n> **s 25:** Am 2021 No 8, Sch 1.2\\[21\\] \\[22\\].","sortOrder":33},{"sectionNumber":"Division 3","sectionType":"division","heading":"Offence relating to oil residues","content":"## Division 3 Offence relating to oil residues\n\nDivision 3 Offence relating to oil residues","sortOrder":34},{"sectionNumber":"26","sectionType":"section","heading":"Failing to retain oil residues","content":"#### 26 Failing to retain oil residues\n\n26 Failing to retain oil residues\n\n> > (1) The master and the owner of a ship are each guilty of an offence if any oil residues that cannot be discharged from the ship into State waters without the commission of an offence against section 15 are not retained on board the ship while the ship is in State waters.\n> > \n> > Maximum penalty—\n> > \n> > > (a) in the case of an individual—$500,000, or\n> > \n> > > (b) in the case of a corporation—$10,000,000.\n> > \n> > Example.\n> > \n> > A ship leaves Port A with a quantity of oil residue held in a tank or space and, without leaving State waters, arrives at Port B with a lesser quantity in the tank or space. This subsection places an onus on the ship’s master to explain why there is a discrepancy in the quantity.\n> \n> > (2) Despite subsection (1), oil residues may be discharged from a ship to a reception facility provided in accordance with Regulation 38 of Annex I of MARPOL.\n> \n> **s 26:** Am 2021 No 8, Sch 1.2\\[23\\].","sortOrder":35},{"sectionNumber":"Part 4","sectionType":"part","heading":"Prevention of pollution by noxious liquid substances","content":"# Part 4 Prevention of pollution by noxious liquid substances\n\nPart 4 Prevention of pollution by noxious liquid substances","sortOrder":36},{"sectionNumber":"27","sectionType":"section","heading":"Carrying uncategorised noxious liquid substances prohibited","content":"#### 27 Carrying uncategorised noxious liquid substances prohibited\n\n27 Carrying uncategorised noxious liquid substances prohibited\n\n> > (1) The master and the owner of an Australian ship are each guilty of an offence if an uncategorised noxious liquid substance, or a mixture that contains an uncategorised noxious liquid substance, is carried as cargo or part cargo in bulk on the ship in State waters.\n> > \n> > Maximum penalty—\n> > \n> > > (a) in the case of an individual—$6,600, or\n> > \n> > > (b) in the case of a corporation—$33,000.\n> \n> > (2) In proceedings for an offence against this section in relation to a ship it is sufficient for the prosecution to allege and prove that an uncategorised noxious liquid substance, or a mixture that contains an uncategorised noxious liquid substance, was carried as cargo or part cargo in bulk on the ship in State waters.\n> \n> **s 27:** Am 2021 No 8, Schs 1.1\\[21\\], 1.2\\[25\\] .","sortOrder":38},{"sectionNumber":"28","sectionType":"section","heading":"Causing carriage of uncategorised noxious liquid substances prohibited","content":"#### 28 Causing carriage of uncategorised noxious liquid substances prohibited\n\n28 Causing carriage of uncategorised noxious liquid substances prohibited\n\n> A person is guilty of an offence if the person causes an uncategorised noxious liquid substance, or a mixture that contains an uncategorised noxious liquid substance, to be carried as cargo or part cargo in bulk on an Australian ship in State waters.\n> \n> Maximum penalty—\n> \n> > (a) in the case of an individual—$22,000, or\n> \n> > (b) in the case of a corporation—$110,000.\n> \n> **s 28:** Am 2021 No 8, Schs 1.1\\[21\\], 1.2\\[25\\] .","sortOrder":39},{"sectionNumber":"29","sectionType":"section","heading":"Discharging noxious liquid substances into State waters from ship prohibited","content":"#### 29 Discharging noxious liquid substances into State waters from ship prohibited\n\n29 Discharging noxious liquid substances into State waters from ship prohibited\n\n> > (1) The master and the owner of a ship that is subject to a chemical tanker construction certificate certifying the ship to carry noxious liquid substances in bulk are each guilty of an offence if any noxious liquid substance is discharged from the ship into State waters.\n> > \n> > Maximum penalty—\n> > \n> > > (a) in the case of an individual—$500,000, or\n> > \n> > > (b) in the case of a corporation—$10,000,000.\n> \n> > (2) In proceedings for an offence against this section in relation to a ship—\n> > \n> > > (a) it is sufficient for the prosecution to allege and prove that—\n> > > \n> > > > (i) the ship was a ship subject to a chemical tanker construction certificate certifying the ship to carry noxious liquid substances in bulk, and\n> > > \n> > > > (ii) a noxious liquid substance was discharged from the ship into State waters, but\n> > \n> > > (b) it is a defence if it is proved that, by virtue of Division 3, this section does not apply in relation to the discharge.\n> \n> **s 29:** Am 2021 No 8, Sch 1.2\\[27\\].","sortOrder":41},{"sectionNumber":"30","sectionType":"section","heading":"Causing discharge of noxious liquid substances into State waters from ship prohibited","content":"#### 30 Causing discharge of noxious liquid substances into State waters from ship prohibited\n\n30 Causing discharge of noxious liquid substances into State waters from ship prohibited\n\n> > (1) A crew member of a ship that is subject to a chemical tanker construction certificate certifying the ship to carry noxious liquid substances in bulk is guilty of an offence if the crew member’s act causes any noxious liquid substance to be discharged from the ship into State waters.\n> > \n> > Maximum penalty—$500,000.\n> \n> > (2) A person involved in the operation or maintenance of a ship that is subject to a chemical tanker construction certificate certifying the ship to carry noxious liquid substances in bulk is guilty of an offence if the person’s act causes any noxious liquid substance to be discharged from the ship into State waters.\n> > \n> > Maximum penalty—\n> > \n> > > (a) in the case of an individual—$500,000, or\n> > \n> > > (b) in the case of a corporation—$10,000,000.\n> \n> > (3) In proceedings for an offence against this section in relation to a ship—\n> > \n> > > (a) it is sufficient for the prosecution to allege and prove that—\n> > > \n> > > > (i) the ship was a ship subject to a chemical tanker construction certificate certifying the ship to carry noxious liquid substances in bulk, and\n> > > \n> > > > (ii) a noxious liquid substance was discharged from the ship into State waters, and\n> > > \n> > > > (iii) the crew member or person involved in the operation or maintenance of the ship committed an act that caused the discharge, but\n> > \n> > > (b) it is a defence if it is proved that, by virtue of Division 3, this section does not apply in relation to the discharge.\n> \n> **s 30:** Am 2021 No 8, Sch 1.2\\[28\\].","sortOrder":42},{"sectionNumber":"31","sectionType":"section","heading":"Offence of being responsible for discharge of noxious liquid substances into State waters from a ship","content":"#### 31 Offence of being responsible for discharge of noxious liquid substances into State waters from a ship\n\n31 Offence of being responsible for discharge of noxious liquid substances into State waters from a ship\n\n> A person responsible for the discharge of any noxious liquid substance into State waters from a ship that is subject to a chemical tanker construction certificate certifying the ship to carry noxious liquid substances in bulk is guilty of an offence.\n> \n> Maximum penalty—\n> \n> > (a) in the case of an individual—$500,000, or\n> \n> > (b) in the case of a corporation—$10,000,000.\n> \n> **s 31:** Am 2021 No 8, Sch 1.2\\[29\\].","sortOrder":43},{"sectionNumber":"32","sectionType":"section","heading":"Defence if discharge was caused by damage to ship or equipment","content":"#### 32 Defence if discharge was caused by damage to ship or equipment\n\n32 Defence if discharge was caused by damage to ship or equipment\n\n> Division 2 does not apply to the discharge of a noxious liquid substance from a ship if—\n> \n> > (a) the noxious liquid substance escaped from the ship in consequence of unavoidable damage to the ship or its equipment, and\n> \n> > (b) all reasonable precautions were taken after the occurrence of the damage or the discovery of the discharge for the purpose of preventing or minimising the escape of the noxious liquid substance.\n> \n> Editor’s note.\n> \n> See Reg 3.1.2 of Annex II of MARPOL.\n> \n> **s 32:** Am 2021 No 8, Sch 1.2\\[30\\] \\[31\\].","sortOrder":45},{"sectionNumber":"33","sectionType":"section","heading":"Defence if discharge was to secure safety or save life","content":"#### 33 Defence if discharge was to secure safety or save life\n\n33 Defence if discharge was to secure safety or save life\n\n> Division 2 does not apply to the discharge of a noxious liquid substance from a ship for the purpose of securing the safety of a ship or saving life at sea.\n> \n> Editor’s note.\n> \n> See Reg 3.1.1 of Annex II of MARPOL.\n> \n> **s 33:** Am 2021 No 8, Sch 1.2\\[32\\] \\[33\\].","sortOrder":46},{"sectionNumber":"34","sectionType":"section","heading":"Defence if discharge was for purpose of combating pollution","content":"#### 34 Defence if discharge was for purpose of combating pollution\n\n34 Defence if discharge was for purpose of combating pollution\n\n> Division 2 does not apply to the discharge of a noxious liquid substance from a ship if the discharge was for the purpose of combating specific pollution incidents in order to minimise the damage from pollution and was approved by an officer prescribed by the regulations for the purposes of this section.\n> \n> Editor’s note.\n> \n> See Reg 3.1.3 of Annex II of MARPOL.\n> \n> **s 34:** Am 2021 No 8, Sch 1.2\\[34\\] \\[35\\].","sortOrder":47},{"sectionNumber":"35","sectionType":"section","heading":null,"content":"#### 35\n\n35–39 (Repealed)","sortOrder":48},{"sectionNumber":"40","sectionType":"section","heading":"Defence for discharge of bilge water","content":"#### 40 Defence for discharge of bilge water\n\n40 Defence for discharge of bilge water\n\n> Division 2 does not apply to the discharge from a ship of bilge water, or of a mixture resulting from tank cleaning or de-ballasting operations, that contains one or more noxious liquid substances referred to in Regulation 6.1.4 of Annex II of MARPOL but does not contain any other noxious liquid substance.\n> \n> Editor’s note.\n> \n> See Reg 6.1.4 of Annex II of MARPOL.\n> \n> **s 40:** Am 2021 No 8, Sch 1.2\\[36\\] \\[37\\].","sortOrder":50},{"sectionNumber":"41","sectionType":"section","heading":"Defence for discharge of clean ballast or segregated ballast","content":"#### 41 Defence for discharge of clean ballast or segregated ballast\n\n41 Defence for discharge of clean ballast or segregated ballast\n\n> > (1) Division 2 does not apply to the discharge from a ship of clean ballast or segregated ballast.\n> \n> > (2) In this section, clean ballast and segregated ballast have the same meaning as in Annex II of MARPOL.\n> \n> Editor’s note.\n> \n> See Reg 13.7.2.3 of Annex II of MARPOL.\n> \n> **s 41:** Am 2021 No 8, Sch 1.2\\[38\\] \\[39\\].","sortOrder":51},{"sectionNumber":"Division 4","sectionType":"division","heading":"Cleaning of tanks of ships","content":"## Division 4 Cleaning of tanks of ships\n\nDivision 4 Cleaning of tanks of ships","sortOrder":52},{"sectionNumber":"42","sectionType":"section","heading":"Regulations may make provision for cleaning of tanks of ships","content":"#### 42 Regulations may make provision for cleaning of tanks of ships\n\n42 Regulations may make provision for cleaning of tanks of ships\n\n> The regulations may make provision for and in relation to giving effect to Regulations 13 and 16 of Annex II of MARPOL.\n> \n> Editor’s note.\n> \n> See Regs 13 and 16 of Annex II of MARPOL.\n> \n> **s 42:** Am 2021 No 8, Sch 1.2\\[40\\] \\[41\\].","sortOrder":53},{"sectionNumber":"Part 5","sectionType":"part","heading":"Prevention of pollution by harmful substances in packaged form","content":"# Part 5 Prevention of pollution by harmful substances in packaged form\n\nPart 5 Prevention of pollution by harmful substances in packaged form","sortOrder":54},{"sectionNumber":"43","sectionType":"section","heading":"Certain carriage of harmful substances in packaged form prohibited","content":"#### 43 Certain carriage of harmful substances in packaged form prohibited\n\n43 Certain carriage of harmful substances in packaged form prohibited\n\n> > (1) The master and the owner of a ship are each guilty of an offence if a harmful substance in packaged form is carried on the ship in State waters otherwise than in accordance with the regulations.\n> > \n> > Maximum penalty—\n> > \n> > > (a) in the case of an individual—$2,200, or\n> > \n> > > (b) in the case of a corporation—$5,500.\n> \n> > (2) In proceedings for an offence against this section in relation to a ship, it is sufficient for the prosecution to allege and prove that a harmful substance in packaged form was carried on the ship in State waters otherwise than in accordance with the regulations.\n> \n> **s 43:** Am 2021 No 8, Sch 1.2\\[43\\].","sortOrder":56},{"sectionNumber":"44","sectionType":"section","heading":"Causing certain carriage of harmful substances in packaged form prohibited","content":"#### 44 Causing certain carriage of harmful substances in packaged form prohibited\n\n44 Causing certain carriage of harmful substances in packaged form prohibited\n\n> A person is guilty of an offence if the person causes a harmful substance in packaged form to be carried on a ship in State waters otherwise than in accordance with the regulations.\n> \n> Maximum penalty—\n> \n> > (a) in the case of an individual—$2,200, or\n> \n> > (b) in the case of a corporation—$5,500.\n> \n> **s 44:** Am 2021 No 8, Sch 1.2\\[43\\].","sortOrder":57},{"sectionNumber":"45","sectionType":"section","heading":"Jettisoning of harmful substances in packaged form into State waters from ship prohibited","content":"#### 45 Jettisoning of harmful substances in packaged form into State waters from ship prohibited\n\n45 Jettisoning of harmful substances in packaged form into State waters from ship prohibited\n\n> > (1) The master and the owner of a ship are each guilty of an offence if a harmful substance in packaged form carried on the ship is jettisoned from the ship into State waters.\n> > \n> > Maximum penalty—\n> > \n> > > (a) in the case of an individual—$55,000, or\n> > \n> > > (b) in the case of a corporation—$275,000.\n> \n> > (2) In proceedings for an offence against this section in relation to a ship—\n> > \n> > > (a) it is sufficient for the prosecution to allege and prove that a harmful substance in packaged form was jettisoned from the ship into State waters, but\n> > \n> > > (b) it is a defence if it is proved that, by virtue of Division 3, this section does not apply in relation to the jettisoning.\n> \n> **ss 45–47:** Am 2021 No 8, Sch 1.2\\[45\\].","sortOrder":59},{"sectionNumber":"46","sectionType":"section","heading":"Causing jettisoning of harmful substances in packaged form into State waters from ship prohibited","content":"#### 46 Causing jettisoning of harmful substances in packaged form into State waters from ship prohibited\n\n46 Causing jettisoning of harmful substances in packaged form into State waters from ship prohibited\n\n> > (1) A crew member of a ship is guilty of an offence if the crew member’s act causes any harmful substance in packaged form to be jettisoned from the ship into State waters.\n> > \n> > Maximum penalty—$55,000.\n> \n> > (2) A person involved in the operation or maintenance of a ship is guilty of an offence if the person’s act causes any harmful substance in packaged form to be jettisoned from the ship into State waters.\n> > \n> > Maximum penalty—\n> > \n> > > (a) in the case of an individual—$55,000, or\n> > \n> > > (b) in the case of a corporation—$275,000.\n> \n> > (3) In proceedings for an offence against this section in relation to a ship—\n> > \n> > > (a) it is sufficient for the prosecution to allege and prove that—\n> > > \n> > > > (i) a jettisoning of a harmful substance in packaged form occurred from a ship into State waters, and\n> > > \n> > > > (ii) the crew member or person involved in the operation or maintenance of the ship committed an act that caused the jettisoning, but\n> > \n> > > (b) it is a defence if it is proved that, by virtue of Division 3, this section does not apply in relation to the jettisoning.\n> \n> **ss 45–47:** Am 2021 No 8, Sch 1.2\\[45\\].","sortOrder":60},{"sectionNumber":"47","sectionType":"section","heading":"Offence of being responsible for jettisoning of harmful substances in packaged form into State waters from a ship","content":"#### 47 Offence of being responsible for jettisoning of harmful substances in packaged form into State waters from a ship\n\n47 Offence of being responsible for jettisoning of harmful substances in packaged form into State waters from a ship\n\n> A person responsible for any harmful substance in packaged form being jettisoned from a ship into State waters is guilty of an offence.\n> \n> Maximum penalty—\n> \n> > (a) in the case of an individual—$220,000, or\n> \n> > (b) in the case of a corporation—$1,100,000.\n> \n> **ss 45–47:** Am 2021 No 8, Sch 1.2\\[45\\].","sortOrder":61},{"sectionNumber":"48","sectionType":"section","heading":"Defence for jettisoning to secure safety or save life","content":"#### 48 Defence for jettisoning to secure safety or save life\n\n48 Defence for jettisoning to secure safety or save life\n\n> Division 2 does not apply to the jettisoning of a harmful substance in packaged form from a ship for the purpose of securing the safety of a ship or saving life at sea.\n> \n> Editor’s note.\n> \n> See Reg 8.1 of Annex III of MARPOL.\n> \n> **s 48:** Am 2021 No 8, Sch 1.2\\[45\\] \\[46\\].","sortOrder":63},{"sectionNumber":"49","sectionType":"section","heading":"Defence for certain leakages causing substances to be washed overboard","content":"#### 49 Defence for certain leakages causing substances to be washed overboard\n\n49 Defence for certain leakages causing substances to be washed overboard\n\n> Division 2 does not apply to the jettisoning of a harmful substance in packaged form from a ship because of a leakage of the substance if—\n> \n> > (a) the substance was washed overboard from the ship in accordance with the regulations or any orders made pursuant to the regulations, or\n> \n> > (b) the substance was washed overboard from the ship otherwise than in accordance with such regulations or orders in circumstances where compliance with such regulations or orders would have impaired the safety of the ship or of persons on board the ship.\n> \n> Editor’s note.\n> \n> See Reg 8.2 of Annex III of MARPOL.\n> \n> **s 49:** Am 2021 No 8, Sch 1.2\\[47\\] \\[48\\].","sortOrder":64},{"sectionNumber":"50","sectionType":"section","heading":"Part does not apply to stores or equipment","content":"#### 50 Part does not apply to stores or equipment\n\n50 Part does not apply to stores or equipment\n\n> This Part does not apply to a ship’s stores or equipment.\n> \n> Editor’s note.\n> \n> See Reg 2.4 of Annex III of MARPOL.\n> \n> **s 50:** Am 2021 No 8, Sch 1.2\\[49\\] \\[50\\].","sortOrder":66},{"sectionNumber":"51","sectionType":"section","heading":"Leakages taken to be jettisoned","content":"#### 51 Leakages taken to be jettisoned\n\n51 Leakages taken to be jettisoned\n\n> A harmful substance in packaged form is, for the purposes of this Act, taken to have been jettisoned from a ship into State waters if there was a leakage of the substance.\n> \n> Editor’s note.\n> \n> See Reg 8.1 of Annex III of MARPOL.\n> \n> **s 51:** Am 2021 No 8, Sch 1.2\\[51\\] \\[52\\].","sortOrder":67},{"sectionNumber":"52","sectionType":"section","heading":"Empty packaging","content":"#### 52 Empty packaging\n\n52 Empty packaging\n\n> For the purposes of this Part, empty packaging that has been used previously for the carriage of harmful substances is itself taken to be a harmful substance unless the precautions required by the regulations have been taken to ensure that the packaging contains no residue that is harmful to the marine environment.\n> \n> Editor’s note.\n> \n> See Reg 2.3 of Annex III of MARPOL.\n> \n> **s 52:** Am 2021 No 8, Sch 1.2\\[53\\] \\[54\\].","sortOrder":68},{"sectionNumber":"Part 6","sectionType":"part","heading":"Prevention of pollution by sewage","content":"# Part 6 Prevention of pollution by sewage\n\nPart 6 Prevention of pollution by sewage","sortOrder":69},{"sectionNumber":"53","sectionType":"section","heading":"Discharge of sewage into State waters from ship prohibited","content":"#### 53 Discharge of sewage into State waters from ship prohibited\n\n53 Discharge of sewage into State waters from ship prohibited\n\n> > (1) The master and the owner of a large ship are each guilty of an offence if any sewage is discharged from the ship into State waters.\n> > \n> > Maximum penalty—\n> > \n> > > (a) in the case of an individual—$55,000, or\n> > \n> > > (b) in the case of a corporation—$275,000.\n> \n> > (2) In proceedings for an offence against subsection (1) in relation to a ship—\n> > \n> > > (a) it is sufficient for the prosecution to allege and prove that sewage was discharged from the ship into State waters, but\n> > \n> > > (b) it is a defence if it is proved that, by virtue of Division 2, this section does not apply in relation to the discharge.\n> \n> > (3) The regulations may make provision for an offence in relation to the discharge or deposit of untreated sewage from a vessel, other than a large ship.\n> \n> **s 53:** Am 2021 No 8, Schs 1.1\\[23\\] \\[24\\], 1.2\\[56\\].","sortOrder":71},{"sectionNumber":"54","sectionType":"section","heading":"Causing discharge of sewage into State waters from ship prohibited","content":"#### 54 Causing discharge of sewage into State waters from ship prohibited\n\n54 Causing discharge of sewage into State waters from ship prohibited\n\n> > (1) A crew member of a large ship is guilty of an offence if the crew member’s act causes any sewage to be discharged from the ship into State waters.\n> > \n> > Maximum penalty—$55,000.\n> \n> > (2) A person involved in the operation or maintenance of a large ship is guilty of an offence if the person’s act causes any sewage to be discharged from the ship into State waters.\n> > \n> > Maximum penalty—\n> > \n> > > (a) in the case of an individual—$55,000, or\n> > \n> > > (b) in the case of a corporation—$275,000.\n> \n> > (3) In proceedings for an offence against this section, it is sufficient for the prosecution to allege and prove that—\n> > \n> > > (a) a discharge of sewage occurred from a ship into State waters, and\n> > \n> > > (b) the crew member or person involved in the operation or maintenance of the ship committed an act that caused the discharge.\n> \n> **s 54:** Am 2021 No 8, Sch 1.2\\[56\\].","sortOrder":72},{"sectionNumber":"55","sectionType":"section","heading":"Offence of being responsible for discharge of sewage into State waters from a ship","content":"#### 55 Offence of being responsible for discharge of sewage into State waters from a ship\n\n55 Offence of being responsible for discharge of sewage into State waters from a ship\n\n> A person responsible for the discharge of any sewage from a large ship into State waters is guilty of an offence.\n> \n> Maximum penalty—\n> \n> > (a) in the case of an individual—$220,000, or\n> \n> > (b) in the case of a corporation—$1,100,000.\n> \n> **s 55:** Am 2021 No 8, Sch 1.2\\[56\\].","sortOrder":73},{"sectionNumber":"55A","sectionType":"section","heading":"Offence to have defective, altered or modified sewage systems","content":"#### 55A Offence to have defective, altered or modified sewage systems\n\n55A Offence to have defective, altered or modified sewage systems\n\n> > (1) The master and the owner of a prescribed vessel in State waters are each guilty of an offence if a sewage system, or part of the sewage system, on the prescribed vessel is defective or has been altered or modified in a way that enables the discharge of sewage in contravention of this Part.\n> > \n> > Maximum penalty for a large ship—\n> > \n> > > (a) for an individual—$55,000, or\n> > \n> > > (b) for a corporation—$275,000,\n> > \n> > Maximum penalty for a ship prescribed by the regulations for the purposes of this section—an amount prescribed by the regulations.\n> \n> > (2) In this section—\n> > \n> > prescribed vessel means—\n> > \n> > > (a) a large ship, or\n> > \n> > > (b) a ship prescribed by the regulations for the purposes of this section.\n> > \n> > sewage system, for a prescribed vessel, includes the following—\n> > \n> > > (a) a holding tank to collect and store sewage,\n> > \n> > > (b) a sewage treatment plant certified to meet the requirements—\n> > > \n> > > > (i) of the regulations giving effect to Regulation 9.1.1 of Annex IV of MARPOL, or\n> > > \n> > > > (ii) prescribed by the regulations,\n> > \n> > > (c) portable tanks, including toilet cassettes, for discharge into a reception facility,\n> > \n> > > (d) a comminuting and disinfecting system—\n> > > \n> > > > (i) approved by orders made under the regulations, giving effect to Regulation 9.1.2 of Annex IV of MARPOL, or\n> > > \n> > > > (ii) approved under the regulations.\n> \n> **s 55A:** Ins 2021 No 8, Sch 1.1\\[25\\].","sortOrder":74},{"sectionNumber":"55B","sectionType":"section","heading":"Offence to discharge treated sewage in no discharge zones for certain vessels","content":"#### 55B Offence to discharge treated sewage in no discharge zones for certain vessels\n\n55B Offence to discharge treated sewage in no discharge zones for certain vessels\n\n> > (1) The regulations may create an offence for the discharge of treated sewage by a relevant vessel in a zone, prescribed by the regulations, for the purposes of this section (a no discharge zone).\n> \n> > (2) In this section—\n> > \n> > relevant vessel means a vessel prescribed by regulations for the purposes of this section.\n> \n> **s 55B:** Ins 2021 No 8, Sch 1.1\\[25\\].","sortOrder":75},{"sectionNumber":"56","sectionType":"section","heading":"Defence for discharge caused by damage to ship or equipment","content":"#### 56 Defence for discharge caused by damage to ship or equipment\n\n56 Defence for discharge caused by damage to ship or equipment\n\n> Division 1 does not apply to the discharge of sewage from a large ship if—\n> \n> > (a) the sewage escaped from the ship in consequence of unavoidable damage to the ship or its equipment, and\n> \n> > (b) all reasonable precautions were taken before and after the occurrence of the damage for the purpose of preventing or minimising the escape of the sewage.\n> \n> Editor’s note.\n> \n> See Reg 3.1.2 of Annex IV of MARPOL.\n> \n> **s 56:** Am 2021 No 8, Sch 1.2\\[57\\] \\[58\\].","sortOrder":77},{"sectionNumber":"57","sectionType":"section","heading":"Defence for discharge to secure safety or save life","content":"#### 57 Defence for discharge to secure safety or save life\n\n57 Defence for discharge to secure safety or save life\n\n> Division 1 does not apply to the discharge of sewage from a large ship for the purpose of securing the safety of a ship or saving life at sea.\n> \n> Editor’s note.\n> \n> See Reg 3.1.1 of Annex IV of MARPOL.\n> \n> **s 57:** Am 2021 No 8, Sch 1.2\\[59\\] \\[60\\].","sortOrder":78},{"sectionNumber":"58","sectionType":"section","heading":null,"content":"#### 58\n\n58 (Repealed)","sortOrder":79},{"sectionNumber":"59","sectionType":"section","heading":"Defence of discharge of treated sewage","content":"#### 59 Defence of discharge of treated sewage\n\n59 Defence of discharge of treated sewage\n\n> > (1) Division 1 does not apply to the discharge of sewage from a large ship engaged in overseas voyages if both of the following apply—\n> > \n> > > (a) the sewage has been treated in a sewage treatment plant on the ship, being a plant that is certified to meet the requirements of the regulations giving effect to Regulation 9.1.1 of Annex IV of MARPOL,\n> > \n> > > (b) the effluent does not produce visible floating solids in State waters and does not cause discolouration of State waters or other surrounding waters.\n> \n> > (2) To remove any doubt, the defence under subsection (1) applies to the discharge of treated sewage in a no discharge zone.\n> \n> > (3) In this section—\n> > \n> > no discharge zone has the same meaning as in section 55B(1).\n> \n> Editor’s note.\n> \n> See Reg 11.1.2 of Annex IV of MARPOL.\n> \n> **s 59:** Am 2021 No 8, Schs 1.1\\[27\\] \\[28\\], 1.2\\[61\\] \\[62\\].","sortOrder":81},{"sectionNumber":"Part 7","sectionType":"part","heading":"Prevention of pollution by garbage","content":"# Part 7 Prevention of pollution by garbage\n\nPart 7 Prevention of pollution by garbage\n\nNote 1.\n\nSee section 4 of this Act in relation to the words and expressions used in MARPOL.\n\nNote 2.\n\nSee also Annex V of MARPOL for the meaning of particular words and expressions used in this Part, including garbage.\n\n**pt 7, note:** Ins 2021 No 8, Sch 1.1\\[29\\].","sortOrder":82},{"sectionNumber":"60","sectionType":"section","heading":"Discharging of garbage into State waters from ship prohibited","content":"#### 60 Discharging of garbage into State waters from ship prohibited\n\n60 Discharging of garbage into State waters from ship prohibited\n\n> > (1) The master and the owner of a ship are each guilty of an offence if any garbage is discharged from the ship into State waters.\n> > \n> > Maximum penalty—\n> > \n> > > (a) in the case of an individual—$55,000, or\n> > \n> > > (b) in the case of a corporation—$275,000.\n> \n> > (2) In proceedings for an offence against this section in relation to a ship—\n> > \n> > > (a) it is sufficient for the prosecution to allege and prove that garbage was discharged from the ship into State waters, but\n> > \n> > > (b) it is a defence if it is proved that, by virtue of Division 2, this section does not apply in relation to the discharge.\n> \n> **ss 60–62:** Am 2021 No 8, Sch 1.2\\[64\\].","sortOrder":84},{"sectionNumber":"61","sectionType":"section","heading":"Causing discharge of garbage into State waters from ship prohibited","content":"#### 61 Causing discharge of garbage into State waters from ship prohibited\n\n61 Causing discharge of garbage into State waters from ship prohibited\n\n> > (1) A crew member of a ship is guilty of an offence if the crew member’s act causes any garbage to be discharged from the ship into State waters.\n> > \n> > Maximum penalty—$55,000.\n> \n> > (2) A person involved in the operation or maintenance of a ship is guilty of an offence if the person’s act causes any garbage to be discharged from the ship into State waters.\n> > \n> > Maximum penalty—\n> > \n> > > (a) in the case of an individual—$55,000, or\n> > \n> > > (b) in the case of a corporation—$275,000.\n> \n> > (3) In proceedings for an offence against this section, it is sufficient for the prosecution to allege and prove that—\n> > \n> > > (a) a discharge of garbage occurred from a ship into State waters, and\n> > \n> > > (b) the crew member or person involved in the operation or maintenance of the ship committed an act that caused the discharge.\n> \n> **ss 60–62:** Am 2021 No 8, Sch 1.2\\[64\\].","sortOrder":85},{"sectionNumber":"62","sectionType":"section","heading":"Offence of being responsible for discharge of garbage into State waters from a ship","content":"#### 62 Offence of being responsible for discharge of garbage into State waters from a ship\n\n62 Offence of being responsible for discharge of garbage into State waters from a ship\n\n> A person responsible for the discharge of any garbage from a ship into State waters is guilty of an offence.\n> \n> Maximum penalty—\n> \n> > (a) in the case of an individual—$220,000, or\n> \n> > (b) in the case of a corporation—$1,100,000.\n> \n> **ss 60–62:** Am 2021 No 8, Sch 1.2\\[64\\].","sortOrder":86},{"sectionNumber":"63","sectionType":"section","heading":"Defence if discharge was caused by damage to ship or equipment","content":"#### 63 Defence if discharge was caused by damage to ship or equipment\n\n63 Defence if discharge was caused by damage to ship or equipment\n\n> Division 1 does not apply to the discharge of garbage from a ship if—\n> \n> > (a) the garbage escaped from the ship in consequence of unavoidable damage to the ship or its equipment, and\n> \n> > (b) all reasonable precautions were taken before and after the occurrence of the damage for the purpose of preventing or minimising the escape of the garbage.\n> \n> Editor’s note.\n> \n> See Reg 7.1.2 of Annex V of MARPOL.\n> \n> **s 63:** Am 2021 No 8, Sch 1.2\\[65\\] \\[66\\].","sortOrder":88},{"sectionNumber":"64","sectionType":"section","heading":"Defence if discharge was to secure safety or save life","content":"#### 64 Defence if discharge was to secure safety or save life\n\n64 Defence if discharge was to secure safety or save life\n\n> Division 1 does not apply to the discharge of garbage from a ship for the purpose of securing the safety of a ship and the persons on board the ship or saving life at sea.\n> \n> Editor’s note.\n> \n> See Reg 7.1.1 of Annex V of MARPOL.\n> \n> **s 64:** Am 2021 No 8, Sch 1.1\\[31\\], 1.2\\[67\\] \\[68\\].","sortOrder":89},{"sectionNumber":"65","sectionType":"section","heading":"Defence if accidental loss of fishing gear","content":"#### 65 Defence if accidental loss of fishing gear\n\n65 Defence if accidental loss of fishing gear\n\n> Division 1 does not apply to the accidental loss of fishing gear from a ship if all reasonable precautions were taken to prevent the loss.\n> \n> Editor’s note.\n> \n> See Reg 7.1.3 of Annex V of MARPOL.\n> \n> **s 65:** Am 2021 No 8, Schs 1.1\\[32\\] \\[33\\], 1.2\\[69\\].","sortOrder":90},{"sectionNumber":"66","sectionType":"section","heading":"Defence if discharge of fishing gear in particular circumstances","content":"#### 66 Defence if discharge of fishing gear in particular circumstances\n\n66 Defence if discharge of fishing gear in particular circumstances\n\n> Division 1 does not apply to the discharge of fishing gear from a ship for—\n> \n> > (a) the protection of the marine environment, or\n> \n> > (b) the safety of the ship or the ship’s crew.\n> \n> Editor’s note.\n> \n> See Reg 7.1.4 of Annex V of MARPOL.\n> \n> **s 66:** Subst 2021 No 8, Sch 1.1\\[34\\].","sortOrder":91},{"sectionNumber":"66A","sectionType":"section","heading":"Defence if discharge is of more stringent requirement","content":"#### 66A Defence if discharge is of more stringent requirement\n\n66A Defence if discharge is of more stringent requirement\n\n> > (1) Sections 63–66 do not apply to garbage that is mixed with, or contaminated by, other substances prohibited from discharge or having different discharge requirements (a garbage mixture).\n> \n> > (2) Division 1 does not apply to the discharge of a garbage mixture if the discharge is made in accordance with the more stringent requirements for the substances in the garbage mixture.\n> \n> Editor’s note.\n> \n> See Reg 4.4 of Annex V of MARPOL.\n> \n> **s 66A:** Ins 2021 No 8, Sch 1.1\\[34\\].","sortOrder":92},{"sectionNumber":"Part 8","sectionType":"part","heading":"Prevention of pollution from transfer operations","content":"# Part 8 Prevention of pollution from transfer operations\n\nPart 8 Prevention of pollution from transfer operations","sortOrder":93},{"sectionNumber":"67","sectionType":"section","heading":"Meaning of “prescribed marine pollutant”","content":"#### 67 Meaning of “prescribed marine pollutant”\n\n67 Meaning of “prescribed marine pollutant”\n\n> In this Part—\n> \n> prescribed marine pollutant means any one, or any combination, of the following substances (whether in bulk, packaged or another form)—\n> \n> > (a) oil,\n> \n> > (b) a noxious liquid substance.","sortOrder":95},{"sectionNumber":"68","sectionType":"section","heading":"Discharge of prescribed marine pollutant from ship in transfer operation prohibited","content":"#### 68 Discharge of prescribed marine pollutant from ship in transfer operation prohibited\n\n68 Discharge of prescribed marine pollutant from ship in transfer operation prohibited\n\n> > (1) A person must not deliberately, recklessly or negligently cause a prescribed marine pollutant to be discharged from a ship in, or in connection with, a transfer operation.\n> > \n> > Maximum penalty—\n> > \n> > > (a) in the case of an individual—$500,000, or\n> > \n> > > (b) in the case of a corporation—$10,000,000.\n> \n> > (2) Each prescribed person in relation to a ship is guilty of an offence if a prescribed marine pollutant is discharged from a ship in, or in connection with, a transfer operation.\n> > \n> > Maximum penalty—\n> > \n> > > (a) in the case of an individual—$500,000, or\n> > \n> > > (b) in the case of a corporation—$10,000,000.\n> \n> > (3) In this section—\n> > \n> > prescribed person means any of the following—\n> > \n> > > (a) the owner of the ship,\n> > \n> > > (b) the master of the ship,\n> > \n> > > (c) the person in charge of the transfer operation of the ship.\n> \n> **ss 68–73:** Am 2021 No 8, Sch 1.2\\[70\\].","sortOrder":97},{"sectionNumber":"69","sectionType":"section","heading":"Discharge of prescribed marine pollutant from place on land in transfer operation prohibited","content":"#### 69 Discharge of prescribed marine pollutant from place on land in transfer operation prohibited\n\n69 Discharge of prescribed marine pollutant from place on land in transfer operation prohibited\n\n> > (1) A person must not deliberately, recklessly or negligently cause a prescribed marine pollutant to be discharged from a place on land in, or in connection with, a transfer operation.\n> > \n> > Maximum penalty—\n> > \n> > > (a) in the case of an individual—$500,000, or\n> > \n> > > (b) in the case of a corporation—$10,000,000.\n> \n> > (2) The occupier of land is guilty of an offence if a prescribed marine pollutant is discharged from a place on the land in, or in connection with, a transfer operation.\n> > \n> > Maximum penalty—\n> > \n> > > (a) in the case of an individual—$500,000, or\n> > \n> > > (b) in the case of a corporation—$10,000,000.\n> \n> **ss 68–73:** Am 2021 No 8, Sch 1.2\\[70\\].","sortOrder":98},{"sectionNumber":"70","sectionType":"section","heading":"Discharge of prescribed marine pollutant from apparatus on a ship used in transfer operation prohibited","content":"#### 70 Discharge of prescribed marine pollutant from apparatus on a ship used in transfer operation prohibited\n\n70 Discharge of prescribed marine pollutant from apparatus on a ship used in transfer operation prohibited\n\n> > (1) A person must not deliberately, recklessly or negligently cause a prescribed marine pollutant to be discharged from an apparatus on a ship in, or in connection with, a transfer operation.\n> > \n> > Maximum penalty—\n> > \n> > > (a) in the case of an individual—$500,000, or\n> > \n> > > (b) in the case of a corporation—$10,000,000.\n> \n> > (2) Each of the prescribed persons in relation to a ship is guilty of an offence if any prescribed marine pollutant is discharged from any apparatus on the ship used in, or in connection with, a transfer operation, whether or not it is being so used.\n> > \n> > Maximum penalty—\n> > \n> > > (a) in the case of an individual—$500,000, or\n> > \n> > > (b) in the case of a corporation—$10,000,000.\n> \n> > (3) In this section—\n> > \n> > prescribed person means any of the following—\n> > \n> > > (a) the owner of the ship,\n> > \n> > > (b) the master of the ship,\n> > \n> > > (c) the owner of the apparatus,\n> > \n> > > (d) the person in charge of the apparatus.\n> \n> **ss 68–73:** Am 2021 No 8, Sch 1.2\\[70\\].","sortOrder":99},{"sectionNumber":"71","sectionType":"section","heading":"Discharge of prescribed marine pollutant from apparatus on a place on land used in transfer operation prohibited","content":"#### 71 Discharge of prescribed marine pollutant from apparatus on a place on land used in transfer operation prohibited\n\n71 Discharge of prescribed marine pollutant from apparatus on a place on land used in transfer operation prohibited\n\n> > (1) A person must not deliberately, recklessly or negligently cause a prescribed marine pollutant to be discharged from an apparatus on a place on land in, or in connection with, a transfer operation.\n> > \n> > Maximum penalty—\n> > \n> > > (a) in the case of an individual—$500,000, or\n> > \n> > > (b) in the case of a corporation—$10,000,000.\n> \n> > (2) Each of the prescribed persons in relation to a transfer operation is guilty of an offence if any prescribed marine pollutant is discharged from any apparatus on a place on land used in, or in connection with, a transfer operation, whether or not it is being so used.\n> > \n> > Maximum penalty—\n> > \n> > > (a) in the case of an individual—$500,000, or\n> > \n> > > (b) in the case of a corporation—$10,000,000.\n> \n> > (3) In this section—\n> > \n> > prescribed person means any of the following—\n> > \n> > > (a) the occupier of the land,\n> > \n> > > (b) the owner of the apparatus,\n> > \n> > > (c) the person in charge of the apparatus.\n> \n> **ss 68–73:** Am 2021 No 8, Sch 1.2\\[70\\].","sortOrder":100},{"sectionNumber":"72","sectionType":"section","heading":"Offence of causing discharge of prescribed marine pollutant from pipeline in connection with transfer operation","content":"#### 72 Offence of causing discharge of prescribed marine pollutant from pipeline in connection with transfer operation\n\n72 Offence of causing discharge of prescribed marine pollutant from pipeline in connection with transfer operation\n\n> > (1) A person must not deliberately, recklessly or negligently cause a prescribed marine pollutant to be discharged from a purpose-built pipeline in, or in connection with, a transfer operation.\n> > \n> > Maximum penalty—\n> > \n> > > (a) in the case of an individual—$500,000, or\n> > \n> > > (b) in the case of a corporation—$10,000,000.\n> \n> > (2) Each of the prescribed persons in relation to a purpose-built pipeline is guilty of an offence if any prescribed marine pollutant is discharged from the pipeline in, or in connection with, a transfer operation, whether or not it is being so used.\n> > \n> > Maximum penalty—\n> > \n> > > (a) in the case of an individual—$500,000, or\n> > \n> > > (b) in the case of a corporation—$10,000,000.\n> \n> > (3) In this section—\n> > \n> > prescribed person means any of the following—\n> > \n> > > (a) the occupier of the land,\n> > \n> > > (b) the owner of the pipeline,\n> > \n> > > (c) the person in charge of the pipeline.\n> \n> **ss 68–73:** Am 2021 No 8, Sch 1.2\\[70\\].","sortOrder":101},{"sectionNumber":"73","sectionType":"section","heading":"Discharge of prescribed marine pollutant from pipeline in connection with transfer operation prohibited","content":"#### 73 Discharge of prescribed marine pollutant from pipeline in connection with transfer operation prohibited\n\n73 Discharge of prescribed marine pollutant from pipeline in connection with transfer operation prohibited\n\n> Each of the following persons is guilty of an offence if any prescribed marine pollutant is discharged from a purpose-built pipeline used in, or in connection with, a transfer operation, whether or not it is being so used—\n> \n> > (a) the occupier of the land on which the pipeline is situated,\n> \n> > (b) any lessee, licensee or user of any lease, licence or right of user for the use of the pipeline for the carriage of oil,\n> \n> > (c) the person in charge of the pipeline,\n> \n> > (d) each other person responsible for the discharge.\n> \n> Maximum penalty—\n> \n> > (a) in the case of an individual—$500,000, or\n> \n> > (b) in the case of a corporation—$10,000,000.\n> \n> **ss 68–73:** Am 2021 No 8, Sch 1.2\\[70\\].","sortOrder":102},{"sectionNumber":"74","sectionType":"section","heading":null,"content":"#### 74\n\n74 (Repealed)","sortOrder":103},{"sectionNumber":"75","sectionType":"section","heading":"Division 2 does not apply to certain discharges","content":"#### 75 Division 2 does not apply to certain discharges\n\n75 Division 2 does not apply to certain discharges\n\n> Division 2 does not apply to a discharge that occurs on the landward side of the first isolating valve on land of any apparatus or purpose-built pipeline used in, or in connection with, a transfer operation, whether or not it is being so used, or at any other place prescribed by the regulations for the purposes of this section.\n> \n> **s 75:** Am 2021 No 8, Sch 1.2\\[71\\].","sortOrder":106},{"sectionNumber":"76","sectionType":"section","heading":"Division 2 does not apply to discharge for purposes of combating pollution incidents","content":"#### 76 Division 2 does not apply to discharge for purposes of combating pollution incidents\n\n76 Division 2 does not apply to discharge for purposes of combating pollution incidents\n\n> Division 2 does not apply to a discharge if the discharge was for the purpose of combating specific pollution incidents in order to minimise the damage from pollution and was approved by an officer prescribed by the regulations.\n> \n> **s 76:** Am 2021 No 8, Sch 1.2\\[72\\].","sortOrder":107},{"sectionNumber":"77","sectionType":"section","heading":"Division 2 does not apply to certain licensed discharges","content":"#### 77 Division 2 does not apply to certain licensed discharges\n\n77 Division 2 does not apply to certain licensed discharges\n\n> Division 2 does not apply to a discharge if the discharge was carried out by the holder of a licence under the [Protection of the Environment Operations Act 1997](/view/html/inforce/current/act-1997-156) in accordance with that licence.\n> \n> **s 77:** Am 2021 No 8, Sch 1.2\\[73\\].","sortOrder":108},{"sectionNumber":"78","sectionType":"section","heading":"Keeping of records relating to transfer","content":"#### 78 Keeping of records relating to transfer\n\n78 Keeping of records relating to transfer\n\n> > (1) The responsible person in relation to a transfer operation must keep the records that the person is required to keep by the regulations, in the form in which the records are required to be kept.\n> > \n> > Maximum penalty—$22,000.\n> \n> > (2) In this section—\n> > \n> > responsible person, in relation to a transfer operation, means—\n> > \n> > > (a) the owner or the master of a ship or the occupier of a place on land to or from which a prescribed marine pollutant is transferred, and\n> > \n> > > (b) the person in charge of an apparatus or a purpose-built pipeline used in, or in connection with, a transfer operation, and\n> > \n> > > (c) the occupier of a purpose-built pipeline used in, or in connection with, a transfer operation.\n> \n> **s 78:** Am 2021 No 8, Sch 1.2\\[74\\].","sortOrder":110},{"sectionNumber":"79","sectionType":"section","heading":"Entries required to be made","content":"#### 79 Entries required to be made\n\n79 Entries required to be made\n\n> A person must, without delay, make the appropriate entry in the record prescribed by the regulations if the regulations require a specified occurrence relating to a transfer operation to be recorded by the person.\n> \n> Maximum penalty—$22,000.\n> \n> **s 79:** Am 2021 No 8, Sch 1.2\\[75\\].","sortOrder":111},{"sectionNumber":"80","sectionType":"section","heading":"Transmission of records relating to transfer operation","content":"#### 80 Transmission of records relating to transfer operation\n\n80 Transmission of records relating to transfer operation\n\n> A person must not fail to transmit the records relating to a transfer operation that are required to be kept by this Division to the place or person, or in the manner, prescribed by the regulations.\n> \n> Maximum penalty—\n> \n> > (a) in the case of an individual—$22,000, or\n> \n> > (b) in the case of a corporation—$110,000.\n> \n> **s 80:** Am 2021 No 8, Sch 1.2\\[76\\].","sortOrder":112},{"sectionNumber":"81","sectionType":"section","heading":"Disposal of records relating to transfer operation","content":"#### 81 Disposal of records relating to transfer operation\n\n81 Disposal of records relating to transfer operation\n\n> A person must not dispose of records relating to a transfer operation that are required to be kept by this Division except in the manner and after the period required by the regulations.\n> \n> Maximum penalty—\n> \n> > (a) in the case of an individual—$22,000, or\n> \n> > (b) in the case of a corporation—$110,000.\n> \n> **s 81:** Am 2021 No 8, Sch 1.2\\[77\\].","sortOrder":113},{"sectionNumber":"82","sectionType":"section","heading":"False or misleading entries prohibited","content":"#### 82 False or misleading entries prohibited\n\n82 False or misleading entries prohibited\n\n> A person must not make an entry that is false or misleading in a material particular in a record required to be kept by this Division.\n> \n> Maximum penalty—$22,000.\n> \n> **s 82:** Am 2021 No 8, Sch 1.2\\[78\\].","sortOrder":114},{"sectionNumber":"Division 5","sectionType":"division","heading":"Miscellaneous","content":"## Division 5 Miscellaneous\n\nDivision 5 Miscellaneous","sortOrder":115},{"sectionNumber":"83","sectionType":"section","heading":"Several liability","content":"#### 83 Several liability\n\n83 Several liability\n\n> If a prescribed marine pollutant is discharged into State waters from 2 or more ships in, or in connection with, a transfer operation, and it is not reasonably practicable to identify the pollutant that has discharged from a particular ship, all of the pollutant discharged is taken, for the purposes of this Part, to have been discharged from each of those ships.\n> \n> **s 83:** Am 2021 No 8, Sch 1.2\\[79\\].","sortOrder":116},{"sectionNumber":"84","sectionType":"section","heading":"Multiple offenders","content":"#### 84 Multiple offenders\n\n84 Multiple offenders\n\n> For the avoidance of doubt, more than one person may be found guilty of an offence under this Part in relation to a single discharge.\n> \n> **s 84:** Am 2021 No 8, Sch 1.2\\[80\\].","sortOrder":117},{"sectionNumber":"85","sectionType":"section","heading":"Prohibitions on discharges from ships still apply","content":"#### 85 Prohibitions on discharges from ships still apply\n\n85 Prohibitions on discharges from ships still apply\n\n> > (1) To avoid doubt, this Part applies to a discharge whether or not it is a discharge prohibited by Part 3 or 4 (and whether or not a defence is available under those Parts for a discharge of the substance in those circumstances).\n> \n> > (2) However, a person is not liable to be convicted in respect of the same discharge of both an offence under Part 3 or 4 and this Part.","sortOrder":118},{"sectionNumber":"Part 9","sectionType":"part","heading":"Reporting of pollution incidents","content":"# Part 9 Reporting of pollution incidents\n\nPart 9 Reporting of pollution incidents","sortOrder":119},{"sectionNumber":"86","sectionType":"section","heading":"Meaning of “reportable incident”","content":"#### 86 Meaning of “reportable incident”\n\n86 Meaning of “reportable incident”\n\n> In this Part—\n> \n> reportable incident, in relation to a ship, means any of the following—\n> \n> > (a) a discharge or probable discharge into State waters from the ship of oil other than a discharge of the kind or in the circumstances specified in sections 22–25,\n> \n> > (b) a discharge or probable discharge into State waters from the ship of a noxious liquid substance (other than a substance referred to in Regulation 6.1.4 of Annex II of MARPOL) other than of the kind or in the circumstances specified in sections 40 and 41,\n> \n> > (c) a jettisoning or probable jettisoning from the ship into State waters of a harmful substance in packaged form including a substance in a freight container, portable tank, road and rail vehicle or shipborne barge,\n> \n> > (d) in relation to a ship of 15 metres in length or more—\n> > \n> > > (i) any damage, failure or breakdown of the ship that affects the safety of the ship, including but not limited to any collision, grounding, fire, explosion, structural failure, flooding or cargo shifting, or\n> > \n> > > (ii) any damage, failure or breakdown of the ship that results in impairment of the safety of navigation, including but not limited to, failure or breakdown of steering gear, propulsion plant, electrical generating system, and essential shipborne navigational aids,\n> \n> > (e) in relation to a large ship that has on board a sewage treatment system, any damage, failure or breakdown of the ship’s sewage treatment system that could result in the discharge of untreated or inadequately treated sewage.\n> \n> **s 86:** Am 2021 No 8, Sch 1.1\\[36\\] \\[37\\].","sortOrder":121},{"sectionNumber":"87","sectionType":"section","heading":"Master must report reportable incident","content":"#### 87 Master must report reportable incident\n\n87 Master must report reportable incident\n\n> > (1) The master of a ship must, without delay, report any reportable incident that occurs in State waters in relation to the ship to the Minister in the manner prescribed by the regulations.\n> > \n> > Maximum penalty—$121,000.\n> \n> > (2) In a prosecution of a person for an offence against subsection (1), it is a defence if the person proves that the person was unable to comply with that subsection.\n> \n> Editor’s note.\n> \n> See Article I(1) of Protocol I of MARPOL.\n> \n> **s 87:** Am 2021 No 8, Sch 1.2\\[81\\] \\[82\\].","sortOrder":123},{"sectionNumber":"88","sectionType":"section","heading":"Master must provide supplementary report if Minister requires it","content":"#### 88 Master must provide supplementary report if Minister requires it\n\n88 Master must provide supplementary report if Minister requires it\n\n> The master of a ship must provide a supplementary report to the Minister in relation to the reportable incident within the time prescribed by the regulations and in accordance with the regulations if the Minister requests such a report.\n> \n> Maximum penalty—$121,000.\n> \n> Editor’s note.\n> \n> See Article IV(b) of Protocol I of MARPOL.\n> \n> **s 88:** Am 2021 No 8, Sch 1.2\\[83\\] \\[84\\].","sortOrder":124},{"sectionNumber":"89","sectionType":"section","heading":"Master must provide supplementary report if further developments arise","content":"#### 89 Master must provide supplementary report if further developments arise\n\n89 Master must provide supplementary report if further developments arise\n\n> The master of the ship must provide a further supplementary report to the Minister within the time prescribed by the regulations and in accordance with the regulations if any significant further developments arise in relation to the reportable incident after a report or supplementary report was required under this Division.\n> \n> Maximum penalty—$121,000.\n> \n> Editor’s note.\n> \n> See Article IV(a) of Protocol I of MARPOL.\n> \n> **s 89:** Am 2021 No 8, Sch 1.2\\[85\\] \\[86\\].","sortOrder":125},{"sectionNumber":"90","sectionType":"section","heading":"Duty of other persons to report if ship abandoned or report cannot be obtained","content":"#### 90 Duty of other persons to report if ship abandoned or report cannot be obtained\n\n90 Duty of other persons to report if ship abandoned or report cannot be obtained\n\n> > (1) The owner, charterer, manager or operator of an abandoned ship in relation to which a reportable incident has occurred in State waters, and any agent of the owner, charterer, manager or operator of the ship, are each guilty of an offence if the reportable incident is not reported to the Minister, without delay, in the manner prescribed by the regulations.\n> > \n> > Maximum penalty—\n> > \n> > > (a) in the case of an individual—$121,000, or\n> > \n> > > (b) in the case of a corporation—$2,750,000.\n> \n> > (2) The owner, charterer, manager or operator of a ship in relation to which a reportable incident has occurred in State waters in other circumstances in which a notification cannot be obtained from the master of the ship under Division 2, and any agent of the owner, charterer, manager or operator of the ship are each guilty of an offence if the reportable incident is not reported to the Minister, without delay, in the manner prescribed by the regulations.\n> > \n> > Maximum penalty—\n> > \n> > > (a) in the case of an individual—$121,000, or\n> > \n> > > (b) in the case of a corporation—$2,750,000.\n> \n> > (3) In a prosecution of a person for an offence against this section in relation to a reportable incident, it is a defence if the person proves—\n> > \n> > > (a) that the person was not aware of the incident, or\n> > \n> > > (b) that the person neither knew nor suspected that the ship was abandoned or the circumstances that meant that a report could not be obtained.\n> \n> > (4) Subsection (3) does not limit any defence that would, but for that subsection, be available to a person charged with an offence under this section.\n> \n> Editor’s note.\n> \n> See Article I(2) of Protocol I of MARPOL.\n> \n> **s 90:** Am 2021 No 8, Sch 1.2\\[87\\] \\[88\\].","sortOrder":127},{"sectionNumber":"91","sectionType":"section","heading":"Duty of other persons to report if report incomplete","content":"#### 91 Duty of other persons to report if report incomplete\n\n91 Duty of other persons to report if report incomplete\n\n> > (1) The owner, charterer, manager or operator of a ship and any agent of the owner, charterer, manager or operator of the ship are each guilty of an offence if a notification provided under Division 2 is provided in an incomplete form and the missing particulars are not reported to the Minister without delay.\n> > \n> > Maximum penalty—\n> > \n> > > (a) in the case of an individual—$121,000, or\n> > \n> > > (b) in the case of a corporation—$2,750,000.\n> \n> > (2) In a prosecution of a person for an offence against this section in relation to a reportable incident, it is a defence if the person proves that the person was not aware of the incident.\n> \n> > (3) Subsection (2) does not limit any defence that would, but for that subsection, be available to a person charged with an offence under this section.\n> \n> Editor’s note.\n> \n> See Article I(2) of Protocol I of MARPOL.\n> \n> **s 91:** Am 2021 No 8, Sch 1.2\\[87\\] \\[89\\].","sortOrder":128},{"sectionNumber":"92","sectionType":"section","heading":"Duty of other persons to provide supplementary report","content":"#### 92 Duty of other persons to provide supplementary report\n\n92 Duty of other persons to provide supplementary report\n\n> > (1) A person who has reported the occurrence of a reportable incident to the Minister pursuant to this Division must provide the Minister with a supplementary report in relation to the reportable incident if the Minister requests the supplementary report.\n> > \n> > Maximum penalty—$121,000.\n> \n> > (2) A person who has reported the occurrence of a reportable incident to the Minister pursuant to this Division must provide a further supplementary report to the Minister about any further developments that arise in relation to the reportable incident after a report or supplementary report was required under this Division, within the time prescribed by the regulations and in accordance with the regulations.\n> > \n> > Maximum penalty—$121,000.\n> \n> Editor’s note.\n> \n> See Article IV(a) and (b) of Protocol I of MARPOL.\n> \n> **s 92:** Am 2021 No 8, Sch 1.2\\[90\\] \\[91\\].","sortOrder":129},{"sectionNumber":"93","sectionType":"section","heading":"False or misleading reports","content":"#### 93 False or misleading reports\n\n93 False or misleading reports\n\n> A person must not, in a report or supplementary report required by this Part, make a statement that is false or misleading in a material particular.\n> \n> Maximum penalty—$121,000.\n> \n> **s 93:** Am 2021 No 8, Sch 1.2\\[92\\].","sortOrder":131},{"sectionNumber":"94","sectionType":"section","heading":"Inadmissibility of certain evidence","content":"#### 94 Inadmissibility of certain evidence\n\n94 Inadmissibility of certain evidence\n\n> A report or supplementary report given to the Minister pursuant to this Part is not admissible in evidence in a prosecution of an individual for an offence against section 15–17, 27–31, 43–47, 53–55 or 60–62 without the consent of the person charged.\n> \n> **s 94:** Am 2021 No 8, Sch 1.2\\[93\\].","sortOrder":132},{"sectionNumber":"Part 10","sectionType":"part","heading":"Emergency plans and other plans","content":"# Part 10 Emergency plans and other plans\n\nPart 10 Emergency plans and other plans","sortOrder":133},{"sectionNumber":"95","sectionType":"section","heading":"Obligation to carry shipboard oil pollution emergency plan","content":"#### 95 Obligation to carry shipboard oil pollution emergency plan\n\n95 Obligation to carry shipboard oil pollution emergency plan\n\n> > (1) The master and the owner of a prescribed ship that is in State waters are each guilty of an offence if an approved shipboard oil pollution emergency plan is not carried on board the ship.\n> > \n> > Maximum penalty—$55,000.\n> \n> > (2) In proceedings for an offence against this section in relation to a ship, it is sufficient for the prosecution to allege and prove—\n> > \n> > > (a) that the ship is a prescribed ship, and\n> > \n> > > (b) that the ship was in State waters without an approved shipboard oil pollution emergency plan on board.\n> \n> > (3) In this section—\n> > \n> > approved, in relation to a shipboard oil pollution emergency plan, means approved by—\n> > \n> > > (a) the Minister under this Division, or\n> > \n> > > (b) an Administration, within the meaning of Article 2 of the Protocol to MARPOL.\n> > \n> > prescribed ship means a ship—\n> > \n> > > (a) that is an oil tanker that has a gross tonnage of 150 or more, or\n> > \n> > > (b) that is not an oil tanker and that has a gross tonnage of 400 or more.\n> \n> Editor’s note.\n> \n> See Reg 37.1 of Annex I of MARPOL.\n> \n> **s 95:** Am 2021 No 8, Sch 1.2\\[94\\] \\[95\\].","sortOrder":135},{"sectionNumber":"96","sectionType":"section","heading":"Approval of shipboard oil pollution emergency plan","content":"#### 96 Approval of shipboard oil pollution emergency plan\n\n96 Approval of shipboard oil pollution emergency plan\n\n> The Minister may, on application by a master of a ship, approve the shipboard oil pollution emergency plan for the ship if, in the opinion of the Minister, it complies with this Division.\n> \n> Editor’s note.\n> \n> See Reg 37.1 of Annex I of MARPOL.\n> \n> **s 96:** Am 2021 No 8, Sch 1.2\\[94\\] \\[96\\].","sortOrder":136},{"sectionNumber":"97","sectionType":"section","heading":"Contents of shipboard oil pollution emergency plan","content":"#### 97 Contents of shipboard oil pollution emergency plan\n\n97 Contents of shipboard oil pollution emergency plan\n\n> > (1) A shipboard oil pollution emergency plan must contain the matter prescribed by the regulations.\n> \n> > (2) A shipboard oil pollution emergency plan must set out, but is not limited to, the following particulars—\n> > \n> > > (a) the procedure to be followed by the master, any crew member, or any other person having charge of the ship in reporting a reportable incident in relation to the ship,\n> > \n> > > (b) a list of the authorities or persons that are to be notified by persons on the ship if such a reportable incident occurs in relation to the ship,\n> > \n> > > (c) a detailed description of the action to be taken immediately after a reportable incident by persons on board the ship to reduce or control any discharge from the ship resulting from the incident,\n> > \n> > > (d) the procedures to be followed for co-ordinating with the authorities or persons that have been contacted (whether in Australia or in a country near to the place where the incident occurred) any action taken in combating the pollution caused by the incident and, in particular, the person on board the ship through whom all communications are to be made,\n> > \n> > > (e) any action to be taken in combating the pollution caused by the incident and, in particular, the person on board the ship through whom all communications are to be made.\n> \n> > (3) The procedure referred to in subsection (2) (a) must be in accordance with the procedure prescribed by the regulations under section 87 as the manner in which a reportable incident is to be reported under Part 9.\n> \n> > (4) In this section, reportable incident has the same meaning as in section 86.\n> \n> Editor’s note.\n> \n> See Reg 37.2 of Annex I of MARPOL.\n> \n> **s 97:** Am 2021 No 8, Sch 1.2\\[97\\] \\[98\\].","sortOrder":137},{"sectionNumber":"98","sectionType":"section","heading":"Language of shipboard oil pollution emergency plan","content":"#### 98 Language of shipboard oil pollution emergency plan\n\n98 Language of shipboard oil pollution emergency plan\n\n> The shipboard oil pollution emergency plan on a ship must be written in the working language of the master of, and the crew on board, the ship.\n> \n> Editor’s note.\n> \n> See Reg 37.2 of Annex I of MARPOL.\n> \n> **s 98:** Am 2021 No 8, Sch 1.2\\[97\\] \\[99\\].","sortOrder":138},{"sectionNumber":"99","sectionType":"section","heading":"Plans may be combined","content":"#### 99 Plans may be combined\n\n99 Plans may be combined\n\n> > A ship complies with both sections 95 and 100 if it has on board a plan called a “shipboard marine pollution emergency plan” that complies with this Division and with Division 2.","sortOrder":139},{"sectionNumber":"100","sectionType":"section","heading":"Obligation to carry shipboard marine pollution emergency plan for noxious liquid substances","content":"#### 100 Obligation to carry shipboard marine pollution emergency plan for noxious liquid substances\n\n100 Obligation to carry shipboard marine pollution emergency plan for noxious liquid substances\n\n> > (1) The master and the owner of a prescribed ship that is in State waters are each guilty of an offence if there is not a shipboard marine pollution emergency plan for noxious liquid substances that complies with this Division, and is approved by the Minister, on board the ship.\n> > \n> > Maximum penalty—$55,000.\n> \n> > (2) In proceedings for an offence against this section in relation to a ship, it is sufficient for the prosecution to allege and prove that a ship is a prescribed ship and that it was in State waters without a shipboard marine pollution emergency plan for noxious liquid substances that complies with this Division on board.\n> \n> > (3) In this section—\n> > \n> > prescribed ship means an Australian ship—\n> > \n> > > (a) that has a gross tonnage of 150 or more, and\n> > \n> > > (b) that is certified to carry noxious liquid substances in bulk.\n> \n> Editor’s note.\n> \n> See Reg 17.1 of Annex II of MARPOL.\n> \n> **s 100:** Am 2021 No 8, Sch 1.2\\[100\\] \\[101\\].","sortOrder":141},{"sectionNumber":"101","sectionType":"section","heading":"Approval of shipboard marine pollution emergency plan for noxious liquid substances","content":"#### 101 Approval of shipboard marine pollution emergency plan for noxious liquid substances\n\n101 Approval of shipboard marine pollution emergency plan for noxious liquid substances\n\n> The Minister may, on application by a master of a ship, approve the shipboard marine pollution emergency plan for noxious liquid substances for the ship if, in the opinion of the Minister, it complies with this Division.\n> \n> Editor’s note.\n> \n> See Reg 17.1 of Annex II of MARPOL.\n> \n> **s 101:** Am 2021 No 8, Sch 1.2\\[100\\] \\[102\\].","sortOrder":142},{"sectionNumber":"102","sectionType":"section","heading":"Contents of shipboard marine pollution emergency plan for noxious liquid substances","content":"#### 102 Contents of shipboard marine pollution emergency plan for noxious liquid substances\n\n102 Contents of shipboard marine pollution emergency plan for noxious liquid substances\n\n> > (1) A shipboard marine pollution emergency plan for noxious liquid substances must contain the matter prescribed by the regulations.\n> \n> > (2) A shipboard marine pollution emergency plan for noxious liquid substances must set out, but is not limited to, the following particulars—\n> > \n> > > (a) the procedure to be followed by the master, or any other person having charge, of the ship in reporting a reportable incident in relation to the ship,\n> > \n> > > (b) a list of the authorities or persons that are to be notified by persons on the ship if a reportable incident occurs in relation to the ship,\n> > \n> > > (c) a detailed description of the action to be taken, immediately after a reportable incident, by persons on board the ship to reduce or control any discharge from the ship resulting from the incident,\n> > \n> > > (d) the procedures to be followed for co-ordinating with the authorities or persons that have been contacted (whether in Australia or in a country near to the place where the incident occurred) any action taken in combating the pollution caused by the incident and, in particular, the person on board the ship through whom all communications are to be made,\n> > \n> > > (e) any action to be taken in combating the pollution caused by the incident and, in particular, the person on board the ship through whom all communications are to be made.\n> \n> > (3) The procedure referred to in subsection (2) (a) must be in accordance with the procedure prescribed by the regulations under section 87 as the manner in which a reportable incident is to be reported under Part 9.\n> \n> > (4) In this section, reportable incident has the same meaning as in section 86.\n> \n> Editor’s note.\n> \n> See Reg 17.2 of Annex II of MARPOL.\n> \n> **s 102:** Am 2021 No 8, Sch 1.2\\[103\\] \\[104\\].","sortOrder":143},{"sectionNumber":"103","sectionType":"section","heading":"Language of shipboard marine pollution emergency plan for noxious liquid substances","content":"#### 103 Language of shipboard marine pollution emergency plan for noxious liquid substances\n\n103 Language of shipboard marine pollution emergency plan for noxious liquid substances\n\n> The shipboard marine pollution emergency plan for noxious liquid substances on a ship must be written in the working language of the master of, and the officers on board, the ship.\n> \n> Editor’s note.\n> \n> See Reg 17.2 of Annex II of MARPOL.\n> \n> **s 103:** Am 2021 No 8, Sch 1.2\\[103\\] \\[105\\].","sortOrder":144},{"sectionNumber":"104","sectionType":"section","heading":"Procedures and arrangements manual required","content":"#### 104 Procedures and arrangements manual required\n\n104 Procedures and arrangements manual required\n\n> The master and the owner of a ship in State waters are each guilty of an offence if—\n> \n> > (a) a chemical tanker construction certificate under Division 12A of Part IV of the [Navigation Act 1912](http://www.legislation.gov.au/) of the Commonwealth is in force in respect of the ship, and\n> \n> > (b) the ship does not have on board a copy of the ship’s procedures and arrangements manual that complies with this Division.\n> \n> Maximum penalty—$6,600.\n> \n> Editor’s note.\n> \n> See Reg 14.1 of Annex II of MARPOL.\n> \n> **s 104:** Am 2021 No 8, Sch 1.2\\[106\\] \\[107\\].","sortOrder":146},{"sectionNumber":"105","sectionType":"section","heading":"Form and content of procedures and arrangements manual","content":"#### 105 Form and content of procedures and arrangements manual\n\n105 Form and content of procedures and arrangements manual\n\n> A procedures and arrangements manual for a ship complies with this Division if—\n> \n> > (a) it contains the physical arrangements and all the operational procedures with respect to cargo handling, tank cleaning, slops handling and cargo tank ballasting that must be followed in order to comply with the requirements of Annex II of MARPOL, and\n> \n> > (b) it is in accordance with the form set out in Appendix IV to Annex II of MARPOL.\n> \n> Editor’s note.\n> \n> See Reg 14.2 of Annex II of MARPOL.\n> \n> **s 105:** Am 2021 No 8, Schs 1.1\\[38\\], 1.2\\[108\\] \\[109\\].","sortOrder":147},{"sectionNumber":"106","sectionType":"section","heading":"Language of procedures and arrangements manual","content":"#### 106 Language of procedures and arrangements manual\n\n106 Language of procedures and arrangements manual\n\n> > (1) The procedures and arrangements manual for an Australian ship must be written in the English language.\n> \n> > (2) The procedures and arrangements manual for a foreign ship must be written in the official language of the country whose flag the ship is entitled to fly, or in one of the official languages of that country.\n> \n> > (3) However, if that official language is not English, French or Spanish, the procedures and arrangements manual must also be translated into English, French or Spanish.\n> \n> Editor’s note.\n> \n> See Reg 14.1 of Annex II of MARPOL.\n> \n> **s 106:** Am 2021 No 8, Sch 1.2\\[110\\] \\[111\\].","sortOrder":148},{"sectionNumber":"107","sectionType":"section","heading":"Obligation to carry garbage management plan","content":"#### 107 Obligation to carry garbage management plan\n\n107 Obligation to carry garbage management plan\n\n> > (1) The master and the owner of a prescribed ship that is in State waters are each guilty of an offence if there is not a garbage management plan that complies with this Division on board the ship.\n> > \n> > Maximum penalty—$5,500.\n> \n> > (2) In proceedings for an offence against this section in relation to a ship, it is sufficient for the prosecution to allege and prove that a ship is a prescribed ship and that it was in State waters without a garbage management plan that complies with this Division on board.\n> \n> > (3) In this section—\n> > \n> > prescribed ship means a ship—\n> > \n> > > (a) that has a gross tonnage of 100 or more, or\n> > \n> > > (b) that is certified to carry 15 persons or more, or\n> > \n> > > (c) that is a fixed or floating platform.\n> \n> Editor’s note.\n> \n> See Reg 10 of Annex V of MARPOL.\n> \n> **s 107:** Am 2021 No 8, Schs 1.1\\[40\\]–\\[42\\], 1.2\\[112\\] \\[113\\].","sortOrder":150},{"sectionNumber":"108","sectionType":"section","heading":"Contents of garbage management plan","content":"#### 108 Contents of garbage management plan\n\n108 Contents of garbage management plan\n\n> > (1) A garbage management plan must be in writing and must contain the matters prescribed by the regulations.\n> \n> > (2) A garbage management plan must set out, but is not limited to, the following particulars—\n> > \n> > > (a) the procedures for minimising, collecting, storing, processing and disposing of garbage, including the use of the equipment on board the ship for carrying out those procedures,\n> > \n> > > (b) the person who is in charge of carrying out the plan.\n> \n> Editor’s note.\n> \n> See Reg 10.2 of Annex V of MARPOL.\n> \n> **s 108:** Am 2021 No 8, Schs 1.1\\[40\\] \\[43\\], 1.2\\[114\\] \\[115\\].","sortOrder":151},{"sectionNumber":"109","sectionType":"section","heading":"Language of garbage management plan","content":"#### 109 Language of garbage management plan\n\n109 Language of garbage management plan\n\n> > (1) The garbage management plan on an Australian ship must be written in the English language.\n> \n> > (2) The garbage management plan on a foreign ship must be written in the official language of the country whose flag the ship is entitled to fly, or in one of the official languages of that country.\n> \n> > (3) The garbage management plan on any ship must also be written in the working language of the master of, and the majority of officers on board, the ship.\n> \n> Editor’s note.\n> \n> See Reg 10.2 of Annex V of MARPOL.\n> \n> **s 109:** Am 2021 No 8, Schs 1.1\\[40\\], 1.2\\[114\\] \\[116\\].","sortOrder":152},{"sectionNumber":"110","sectionType":"section","heading":"Placards relating to requirements for discharge of garbage","content":"#### 110 Placards relating to requirements for discharge of garbage\n\n110 Placards relating to requirements for discharge of garbage\n\n> > (1) The master and the owner of a ship of 12 metres or more in length, or a fixed or floating platform, that is in State waters are each guilty of an offence if at least one garbage discharge requirements placard that complies with this Division is not displayed on board the ship in a position where it can be easily read by any crew member or any passenger of the ship.\n> > \n> > Maximum penalty—$5,500.\n> \n> > (2) In proceedings for an offence against this section in relation to a ship, it is sufficient for the prosecution to allege and prove—\n> > \n> > > (a) that—\n> > > \n> > > > (i) the ship was of 12 metres or more in length and was in State waters, or\n> > > \n> > > > (ii) the fixed or floating platform was in State waters, and\n> > \n> > > (b) that a garbage discharge requirements placard that complies with this Division was not displayed on board the ship.\n> \n> Editor’s note.\n> \n> See Reg 10.1.1 of Annex V of MARPOL.\n> \n> **s 110:** Am 2021 No 8, Schs 1.1\\[44\\]–\\[46\\], 1.2\\[117\\] \\[118\\].","sortOrder":154},{"sectionNumber":"111","sectionType":"section","heading":"Content of garbage discharge requirements placard","content":"#### 111 Content of garbage discharge requirements placard\n\n111 Content of garbage discharge requirements placard\n\n> A garbage discharge requirements placard must describe—\n> \n> > (a) the kinds of garbage that may not be discharged from the ship under this Act and MARPOL, and\n> \n> > (b) the kinds of garbage that may be discharged from the ship and the circumstances in which it is not an offence to discharge garbage of that kind under this Act and MARPOL.\n> \n> Editor’s note.\n> \n> See Reg 10.1.1 of Annex V of MARPOL.\n> \n> **s 111:** Am 2021 No 8, Sch 1.1\\[44\\] \\[47\\] \\[48\\], 1.2\\[117\\] \\[119\\].","sortOrder":155},{"sectionNumber":"112","sectionType":"section","heading":"Language of garbage discharge requirements placards","content":"#### 112 Language of garbage discharge requirements placards\n\n112 Language of garbage discharge requirements placards\n\n> The garbage discharge requirements placard or each placard on a ship must be written in the working language of the ship’s crew.\n> \n> Editor’s note.\n> \n> See Reg 10.1.2 of Annex V of MARPOL.\n> \n> **s 112:** Am 2021 No 8, Schs 1.1\\[44\\], 1.2\\[120\\] \\[121\\].","sortOrder":156},{"sectionNumber":"Part 11","sectionType":"part","heading":"Record keeping","content":"# Part 11 Record keeping\n\nPart 11 Record keeping","sortOrder":157},{"sectionNumber":"113","sectionType":"section","heading":"Requirement to carry an oil record book","content":"#### 113 Requirement to carry an oil record book\n\n113 Requirement to carry an oil record book\n\n> > (1) The master and the owner of a prescribed ship are each guilty of an offence if the ship does not carry on board an oil record book that complies with this Division.\n> > \n> > Maximum penalty—\n> > \n> > > (a) in the case of an individual—$22,000, or\n> > \n> > > (b) in the case of a corporation—$110,000.\n> \n> > (2) In proceedings for an offence against this section in relation to a ship, it is sufficient for the prosecution to allege and prove that the ship is a prescribed ship and that it was in State waters without an oil record book that complies with this Division on board.\n> \n> > (3) In this section—\n> > \n> > prescribed ship means—\n> > \n> > > (a) an oil tanker that has a gross tonnage of 150 or more, or\n> > \n> > > (b) a ship that has a gross tonnage of 400 or more.\n> \n> Editor’s note.\n> \n> See Regs 17.1 and 36.1 of Annex I of MARPOL.\n> \n> **s 113:** Am 2021 No 8, Schs 1.1\\[49\\], 1.2\\[122\\] \\[123\\].","sortOrder":159},{"sectionNumber":"114","sectionType":"section","heading":"Form of oil record book","content":"#### 114 Form of oil record book\n\n114 Form of oil record book\n\n> > (1A) An oil record book may be kept electronically, in a way approved by the relevant national maritime authority of the country whose flag the ship is entitled to fly.\n> \n> > (1) An oil record book must contain the matters prescribed by the regulations.\n> \n> > (2) An oil record book must make provision for—\n> > \n> > > (a) a signature in relation to each entry made in it, and\n> > \n> > > (b) a signature—\n> > > \n> > > > (i) for a record book kept electronically—on each group of electronic entries, or\n> > > \n> > > > (ii) otherwise—on each page of the record book.\n> > > > \n> > > > Note.\n> > > > \n> > > > See the Guidelines for use of electronic record books under MARPOL, adopted by Resolution MEPC.312(74).\n> \n> Editor’s note.\n> \n> See Regs 17.4 and 36.5 of Annex I of MARPOL.\n> \n> **s 114:** Am 2021 No 8, Schs 1.1\\[50\\] \\[51\\], 1.2\\[124\\] \\[125\\].","sortOrder":160},{"sectionNumber":"115","sectionType":"section","heading":"Language of oil record book","content":"#### 115 Language of oil record book\n\n115 Language of oil record book\n\n> > (1) The oil record book on an Australian ship must be written in the English language.\n> \n> > (2) The oil record book on a foreign ship must be written in the official language of the country whose flag the ship is entitled to fly, or in one of the official languages of that country.\n> \n> > (3) However, if that official language is not English, French or Spanish, the oil record book must also be translated into English, French or Spanish.\n> \n> Editor’s note.\n> \n> See Regs 17.4 and 36.5 of Annex I of MARPOL.\n> \n> **s 115:** Am 2021 No 8, Sch 1.2\\[126\\] \\[127\\].","sortOrder":161},{"sectionNumber":"116","sectionType":"section","heading":"Master must sign completed page of oil record book","content":"#### 116 Master must sign completed page of oil record book\n\n116 Master must sign completed page of oil record book\n\n> The master of the ship must sign each page of the ship’s oil record book as soon as possible after it is completed.\n> \n> Maximum penalty—$22,000.\n> \n> **s 116:** Am 2021 No 8, Sch 1.2\\[128\\].","sortOrder":162},{"sectionNumber":"117","sectionType":"section","heading":"Entries in relation to prescribed operations or occurrences","content":"#### 117 Entries in relation to prescribed operations or occurrences\n\n117 Entries in relation to prescribed operations or occurrences\n\n> > (1) The master of a ship in relation to which an operation or occurrence prescribed by the regulations occurs—\n> > \n> > > (a) must make appropriate entries in the English language in the ship’s oil record book without delay, on the date of the event, or\n> > \n> > > (b) must cause appropriate entries to be made without delay in the English language in the ship’s oil record book on the date of the event.\n> > \n> > Maximum penalty—$22,000.\n> \n> > (2) The master of the ship must ensure that any entry made in relation to an operation or occurrence prescribed by the regulations is signed by the officer or other person in charge of the operation on the date of the operation or occurrence.\n> > \n> > Maximum penalty—$22,000.\n> \n> > (3) In this section—\n> > \n> > appropriate entry means an entry prescribed by the regulations.\n> \n> Editor’s note.\n> \n> See Regs 17.4 and 36.5 of Annex I of MARPOL.\n> \n> **s 117:** Am 2021 No 8, Sch 1.2\\[129\\] \\[130\\].","sortOrder":163},{"sectionNumber":"118","sectionType":"section","heading":"Entries in relation to inspections","content":"#### 118 Entries in relation to inspections\n\n118 Entries in relation to inspections\n\n> An inspector who inspects a ship must, without delay, make entries prescribed by the regulations in the ship’s oil record book in the English language.\n> \n> Editor’s note.\n> \n> See Regs 17.7 and 36.8 of Annex I of MARPOL.\n> \n> **s 118:** Am 2021 No 8, Sch 1.2\\[131\\] \\[132\\].","sortOrder":164},{"sectionNumber":"119","sectionType":"section","heading":"False entries in oil record book","content":"#### 119 False entries in oil record book\n\n119 False entries in oil record book\n\n> A person must not make an entry that is false or misleading in a material particular in the oil record book of a ship.\n> \n> Maximum penalty—$22,000.\n> \n> Editor’s note.\n> \n> See Regs 17.7 and 36.8 of Annex I of MARPOL.\n> \n> **s 119:** Am 2021 No 8, Sch 1.2\\[133\\] \\[134\\].","sortOrder":165},{"sectionNumber":"120","sectionType":"section","heading":"Oil record book to be retained on ship for one year","content":"#### 120 Oil record book to be retained on ship for one year\n\n120 Oil record book to be retained on ship for one year\n\n> The owner of a ship is guilty of an offence if the ship’s oil record book—\n> \n> > (a) is not retained on the ship until at least the expiration of a period of one year after the day on which the last entry was made in the book, and\n> \n> > (b) is not made readily available for inspection at all reasonable times until at least the expiration of that period.\n> \n> Maximum penalty—\n> \n> > (a) in the case of an individual—$22,000, or\n> \n> > (b) in the case of a corporation—$110,000.\n> \n> Editor’s note.\n> \n> See Regs 17.6 and 36.7 of Annex I of MARPOL.\n> \n> **s 120:** Am 2021 No 8, Sch 1.2\\[135\\] \\[136\\].","sortOrder":166},{"sectionNumber":"121","sectionType":"section","heading":"Oil record book to be retained","content":"#### 121 Oil record book to be retained\n\n121 Oil record book to be retained\n\n> > (1) The owner of a ship must ensure that the ship’s oil record book is, at least until the expiration of a period of two years after the day on which the book is required to be retained on the ship in accordance with section 120—\n> > \n> > > (a) retained—\n> > > \n> > > > (i) on the ship, or\n> > > \n> > > > (ii) at the registered office in the State of the owner, or\n> > \n> > > (b) if the owner does not reside in the State and does not have an office or agent in the State, deposited with an officer prescribed by the regulations for the purposes of this section.\n> > \n> > Maximum penalty—\n> > \n> > > (a) in the case of an individual—$22,000, or\n> > \n> > > (b) in the case of a corporation—$110,000.\n> \n> > (2) The owner of a ship must ensure that the ship’s oil record book is made readily available for inspection at all reasonable times at least until the expiration of the period referred to in subsection (1).\n> > \n> > Maximum penalty—\n> > \n> > > (a) in the case of an individual—$22,000, or\n> > \n> > > (b) in the case of a corporation—$110,000.\n> \n> > (3) The owner of a ship who resides in the State, or has an office or agent in the State, may from time to time furnish to an officer prescribed by the regulations for the purposes of this section notice, in writing, of an address, being the address of—\n> > \n> > > (a) the place in the State at which the owner so resides, or\n> > \n> > > (b) the office in the State or, if there is more than one office in the State, the principal office in the State of the owner, or\n> > \n> > > (c) the office or place of residence in the State of the owner’s agent or, if the agent has more than one office in the State, the principal office in the State of the agent.\n> \n> > (4) For the purposes of this section, the registered office of an owner of a ship is the place or office of which an address is furnished for the time being under subsection (3) as the registered office in the State of the owner of the ship.\n> \n> Editor’s note.\n> \n> See Regs 17.6 and 36.7 of Annex I of MARPOL.\n> \n> **s 121:** Am 2021 No 8, Schs 1.1\\[52\\], 1.2\\[135\\] \\[137\\].","sortOrder":167},{"sectionNumber":"122","sectionType":"section","heading":"Master may be required to certify entry in oil record book","content":"#### 122 Master may be required to certify entry in oil record book\n\n122 Master may be required to certify entry in oil record book\n\n> The master of a ship must, if required to do so by an inspector—\n> \n> > (a) provide the inspector with a copy of any entry in the oil record book for the ship specified by the inspector, and\n> \n> > (b) certify that the copy of the entry is a true copy, in the manner required by the regulations.\n> \n> Maximum penalty—$22,000.\n> \n> Editor’s note.\n> \n> See Regs 17.7 and 36.8 of Annex I of MARPOL.\n> \n> **s 122:** Am 2021 No 8, Sch 1.2\\[138\\] \\[139\\].","sortOrder":168},{"sectionNumber":"123","sectionType":"section","heading":"Admissibility of certified entry in oil record book","content":"#### 123 Admissibility of certified entry in oil record book\n\n123 Admissibility of certified entry in oil record book\n\n> An entry in an oil record book certified by the master of a ship is admissible in any proceedings for an offence under this Act as evidence of the facts stated in the entry.\n> \n> Editor’s note.\n> \n> See Regs 17.7 and 36.8 of Annex I of MARPOL.\n> \n> **s 123:** Am 2021 No 8, Sch 1.2\\[138\\] \\[140\\].","sortOrder":169},{"sectionNumber":"124","sectionType":"section","heading":"Requirement to carry cargo record book","content":"#### 124 Requirement to carry cargo record book\n\n124 Requirement to carry cargo record book\n\n> The master and the owner of a ship that is certified to carry noxious liquid substances in bulk are each guilty of an offence if the ship does not carry a cargo record book that complies with this Division.\n> \n> Maximum penalty—\n> \n> > (a) in the case of an individual—$22,000, or\n> \n> > (b) in the case of a corporation—$110,000.\n> \n> Editor’s note.\n> \n> See Reg 15.1 of Annex II of MARPOL.\n> \n> **s 124:** Am 2021 No 8, Sch 1.2\\[141\\] \\[142\\].","sortOrder":171},{"sectionNumber":"125","sectionType":"section","heading":"Form of cargo record book","content":"#### 125 Form of cargo record book\n\n125 Form of cargo record book\n\n> > (1A) A cargo record book may be kept electronically, in a way approved by the relevant national maritime authority of the country whose flag the ship is entitled to fly.\n> \n> > (1) A cargo record book must contain the matters prescribed by the regulations.\n> \n> > (2) A cargo record book must make provision for—\n> > \n> > > (a) a signature in relation to each entry made in it, and\n> > \n> > > (b) a signature—\n> > > \n> > > > (i) for a record book kept electronically—on each group of electronic entries, or\n> > > \n> > > > (ii) otherwise—on each page of the record book.\n> > > > \n> > > > Note.\n> > > > \n> > > > See the Guidelines for use of electronic record books under MARPOL, adopted by Resolution MEPC.312(74).\n> \n> Editor’s note.\n> \n> See Reg 15.1 of Annex II of MARPOL.\n> \n> **s 125:** Am 2021 No 8, Schs 1.1\\[53\\] \\[54\\], 1.2\\[143\\] \\[144\\].","sortOrder":172},{"sectionNumber":"126","sectionType":"section","heading":"Language of cargo record book","content":"#### 126 Language of cargo record book\n\n126 Language of cargo record book\n\n> > (1) The cargo record book on an Australian ship must be written in the English language.\n> \n> > (2) The cargo record book on a foreign ship must be written in the official language of the country whose flag the ship is entitled to fly, or in one of the official languages of that country.\n> \n> > (3) However, if that official language is not English, French or Spanish, the cargo record book must also be translated into English, French or Spanish.\n> \n> Editor’s note.\n> \n> See Reg 15.4 of Annex II of MARPOL.\n> \n> **s 126:** Am 2021 No 8, Sch 1.2\\[145\\] \\[146\\].","sortOrder":173},{"sectionNumber":"127","sectionType":"section","heading":"Master must sign completed page of cargo record book","content":"#### 127 Master must sign completed page of cargo record book\n\n127 Master must sign completed page of cargo record book\n\n> The master of a ship must sign each page of the ship’s cargo record book as soon as possible after it is completed.\n> \n> Maximum penalty—$22,000.\n> \n> Editor’s note.\n> \n> See Reg 15.4 of Annex II of MARPOL.\n> \n> **s 127:** Am 2021 No 8, Sch 1.2\\[147\\] \\[148\\].","sortOrder":174},{"sectionNumber":"128","sectionType":"section","heading":"Entries in relation to prescribed operations or occurrences","content":"#### 128 Entries in relation to prescribed operations or occurrences\n\n128 Entries in relation to prescribed operations or occurrences\n\n> > (1) The master of a ship in relation to which an operation prescribed by the regulations is carried out, or an occurrence prescribed by the regulations occurs, must—\n> > \n> > > (a) make appropriate entries in the English language in the ship’s cargo record book, without delay, on the date of the operation or occurrence, or\n> > \n> > > (b) cause appropriate entries to be made in the English language in the ship’s cargo record book, without delay, on the date of the operation or occurrence.\n> > \n> > Maximum penalty—$22,000.\n> \n> > (2) The master of a ship must ensure that, if an entry is made in relation to an operation or occurrence prescribed by the regulations, the entry is signed by the officer or other person in charge of the operation on the date of the operation or occurrence.\n> > \n> > Maximum penalty—$22,000.\n> \n> > (3) In this section—\n> > \n> > appropriate entry means an entry prescribed by the regulations.\n> \n> Editor’s note.\n> \n> See Reg 15.2 of Annex II of MARPOL.\n> \n> **s 128:** Am 2021 No 8, Sch 1.2\\[149\\] \\[150\\].","sortOrder":175},{"sectionNumber":"129","sectionType":"section","heading":"Entries in relation to inspections","content":"#### 129 Entries in relation to inspections\n\n129 Entries in relation to inspections\n\n> An inspector who inspects a ship must, without delay, make appropriate entries in the ship’s cargo record book in the English language.\n> \n> Editor’s note.\n> \n> See Reg 15.6 of Annex II of MARPOL.\n> \n> **s 129:** Am 2021 No 8, Sch 1.2\\[151\\] \\[152\\].","sortOrder":176},{"sectionNumber":"130","sectionType":"section","heading":"False entries in cargo record book","content":"#### 130 False entries in cargo record book\n\n130 False entries in cargo record book\n\n> A person must not make an entry that is false or misleading in a material particular in the cargo record book of a ship.\n> \n> Maximum penalty—$22,000.\n> \n> Editor’s note.\n> \n> See Reg 15.6 of Annex II of MARPOL.\n> \n> **s 130:** Am 2021 No 8, Sch 1.2\\[153\\] \\[154\\].","sortOrder":177},{"sectionNumber":"131","sectionType":"section","heading":"Cargo record book to be retained on ship for one year","content":"#### 131 Cargo record book to be retained on ship for one year\n\n131 Cargo record book to be retained on ship for one year\n\n> The master and the owner of a ship are each guilty of an offence if the ship’s cargo record book—\n> \n> > (a) is not retained on the ship at least until the expiration of a period of one year after the day on which the last entry was made in the book, and\n> \n> > (b) is not made readily available for inspection at all reasonable times at least until the expiration of that period.\n> \n> Maximum penalty—\n> \n> > (a) in the case of an individual—$22,000, or\n> \n> > (b) in the case of a corporation—$110,000.\n> \n> Editor’s note.\n> \n> See Reg 15.5 of Annex II of MARPOL.\n> \n> **s 131:** Am 2021 No 8, Sch 1.2\\[155\\] \\[156\\].","sortOrder":178},{"sectionNumber":"132","sectionType":"section","heading":"Cargo record book to be retained for two years","content":"#### 132 Cargo record book to be retained for two years\n\n132 Cargo record book to be retained for two years\n\n> > (1) The owner of a ship must ensure that the ship’s cargo record book is, at least until the expiration of a period of two years after the day on which the book is required to be retained on the ship in accordance with section 131—\n> > \n> > > (a) retained—\n> > > \n> > > > (i) on the ship, or\n> > > \n> > > > (ii) at the registered office in the State of the owner, or\n> > \n> > > (b) if the owner does not reside in the State and does not have an office or agent in the State, deposited with an officer prescribed by the regulations for the purposes of this section.\n> > \n> > Maximum penalty—\n> > \n> > > (a) in the case of an individual—$22,000, or\n> > \n> > > (b) in the case of a corporation—$110,000.\n> \n> > (2) The owner of a ship must ensure that the ship’s cargo record book is made readily available for inspection at all reasonable times at least until the expiration of the period referred to in subsection (1).\n> > \n> > Maximum penalty—\n> > \n> > > (a) in the case of an individual—$22,000, or\n> > \n> > > (b) in the case of a corporation—$110,000.\n> \n> > (3) The owner of a ship who resides in the State, or has an office or agent in the State, may from time to time furnish to an officer prescribed by the regulations for the purposes of this section notice, in writing, of an address, being the address of—\n> > \n> > > (a) the place in the State at which the owner so resides, or\n> > \n> > > (b) the office in the State or, if there is more than one office in the State, the principal office in the State of the owner, or\n> > \n> > > (c) the office or place of residence in the State of the owner’s agent or, if the agent has more than one office in the State, the principal office in the State of the agent.\n> \n> > (4) For the purposes of this section, the registered office of an owner of a ship is the place or office for which an address is furnished for the time being under subsection (3) as the registered office in the State of the owner of the ship.\n> \n> Editor’s note.\n> \n> See Reg 15.5 of Annex II of MARPOL.\n> \n> **s 132:** Am 2021 No 8, Schs 1.1\\[55\\], 1.2\\[155\\] \\[157\\].","sortOrder":179},{"sectionNumber":"133","sectionType":"section","heading":"Master may be required to certify entry in cargo record book","content":"#### 133 Master may be required to certify entry in cargo record book\n\n133 Master may be required to certify entry in cargo record book\n\n> The master of a ship must, if required to do so by an inspector—\n> \n> > (a) provide the inspector with a copy of any entry in the cargo record book for the ship specified by the inspector, and\n> \n> > (b) certify that the copy of the entry is a true copy, in the manner required by the regulations.\n> \n> Maximum penalty—$8,800.\n> \n> Editor’s note.\n> \n> See Reg 15.6 of Annex II of MARPOL.\n> \n> **s 133:** Am 2021 No 8, Sch 1.2\\[158\\] \\[159\\].","sortOrder":180},{"sectionNumber":"134","sectionType":"section","heading":"Admissibility of certified entry in cargo record book","content":"#### 134 Admissibility of certified entry in cargo record book\n\n134 Admissibility of certified entry in cargo record book\n\n> An entry in a cargo record book certified by the master of a ship is admissible in any proceedings for an offence under this Act as evidence of the facts stated in the entry.\n> \n> Editor’s note.\n> \n> See Reg 15.6 of Annex II of MARPOL.\n> \n> **s 134:** Am 2021 No 8, Sch 1.2\\[158\\] \\[160\\].","sortOrder":181},{"sectionNumber":"135","sectionType":"section","heading":"Requirement to carry garbage record book on board ship","content":"#### 135 Requirement to carry garbage record book on board ship\n\n135 Requirement to carry garbage record book on board ship\n\n> > (1) The master and the owner of a prescribed ship are each guilty of an offence if the ship does not carry a garbage record book that complies with this Division.\n> > \n> > Maximum penalty—\n> > \n> > > (a) in the case of an individual—$5,500, or\n> > \n> > > (b) in the case of a corporation—$22,000.\n> \n> > (2) However, the master and the owner of a ship do not commit an offence—\n> > \n> > > (a) if the ship is the subject of a waiver in accordance with section 137, or\n> > \n> > > (b) if the ship is a recreational vessel with a gross tonnage of less than 400 that is not on an overseas voyage.\n> \n> > (3) In this section—\n> > \n> > prescribed ship means a ship—\n> > \n> > > (a) that has a gross tonnage of 400 or more, or\n> > \n> > > (b) that is certified to carry 15 persons or more.\n> \n> Editor’s note.\n> \n> See Reg 10.3 of Annex V of MARPOL.\n> \n> **s 135:** Am 2021 No 8, Schs 1.1\\[56\\] \\[57\\], 1.2\\[161\\] \\[162\\].","sortOrder":183},{"sectionNumber":"136","sectionType":"section","heading":"Requirement to carry garbage record book on platform","content":"#### 136 Requirement to carry garbage record book on platform\n\n136 Requirement to carry garbage record book on platform\n\n> The owner of a platform must ensure that a garbage record book that complies with this Division is carried on the platform.\n> \n> Maximum penalty—\n> \n> > (a) in the case of an individual—$5,500, or\n> \n> > (b) in the case of a corporation—$22,000.\n> \n> Editor’s note.\n> \n> See Reg 10.3 of Annex V of MARPOL.\n> \n> **s 136:** Am 2021 No 8, Sch 1.2\\[161\\] \\[163\\].","sortOrder":184},{"sectionNumber":"137","sectionType":"section","heading":"Minister may waive requirement to carry garbage record book","content":"#### 137 Minister may waive requirement to carry garbage record book\n\n137 Minister may waive requirement to carry garbage record book\n\n> The Minister may waive the requirement to carry a garbage record book—\n> \n> > (a) on application in writing from the master or the owner of—\n> > \n> > > (i) a ship that is certified to carry 15 persons or more, or\n> > \n> > > (ii) a fixed or floating platform, and\n> \n> > (b) if the application relates to a voyage by the ship of one hour or less in duration.\n> \n> Editor’s note.\n> \n> See Reg 10.4 of Annex V of MARPOL.\n> \n> **s 137:** Subst 2021 No 8, Sch 1.1\\[58\\].","sortOrder":185},{"sectionNumber":"138","sectionType":"section","heading":"Form of garbage record book","content":"#### 138 Form of garbage record book\n\n138 Form of garbage record book\n\n> > (1A) A garbage record book may be kept electronically, in a way approved by the relevant national maritime authority of the country whose flag the ship is entitled to fly.\n> \n> > (1) A garbage record book must contain the matters prescribed by the regulations.\n> \n> > (2) A garbage record book must make provision for—\n> > \n> > > (a) a signature in relation to each entry made in it, and\n> > \n> > > (b) a signature—\n> > > \n> > > > (i) for a record book kept electronically—on each group of electronic entries, or\n> > > \n> > > > (ii) otherwise—on each page of the record book.\n> > > > \n> > > > Note.\n> > > > \n> > > > See the Guidelines for use of electronic record books under MARPOL, adopted by Resolution MEPC.312(74).\n> \n> Editor’s note.\n> \n> See Reg 10.3 of Annex V of MARPOL.\n> \n> **s 138:** Am 2021 No 8, Schs 1.1\\[59\\] \\[60\\], 1.2\\[161\\] \\[164\\].","sortOrder":186},{"sectionNumber":"139","sectionType":"section","heading":"Language of garbage record book","content":"#### 139 Language of garbage record book\n\n139 Language of garbage record book\n\n> > (1) The garbage record book on an Australian ship must be written in the English language.\n> \n> > (2) The garbage record book on a foreign ship must be written in the official language of the country whose flag the ship is entitled to fly, or in one of the official languages of that country.\n> \n> > (3) However, if that official language is not English, French or Spanish, the garbage record book must also be translated into English, French or Spanish.\n> \n> Editor’s note.\n> \n> See Reg 10.3.1 of Annex V of MARPOL.\n> \n> **s 139:** Am 2021 No 8, Sch 1.2\\[165\\] \\[166\\].","sortOrder":187},{"sectionNumber":"140","sectionType":"section","heading":"Master must sign completed page of garbage record book","content":"#### 140 Master must sign completed page of garbage record book\n\n140 Master must sign completed page of garbage record book\n\n> The master of a ship must sign each page of the ship’s garbage record book as soon as possible after it is completed.\n> \n> Maximum penalty—$5,500.\n> \n> Editor’s note.\n> \n> See Reg 10.3.1 of Annex V of MARPOL.\n> \n> **s 140:** Am 2021 No 8, Sch 1.2\\[165\\] \\[167\\].","sortOrder":188},{"sectionNumber":"141","sectionType":"section","heading":"Entries in relation to prescribed operations or occurrences","content":"#### 141 Entries in relation to prescribed operations or occurrences\n\n141 Entries in relation to prescribed operations or occurrences\n\n> > (1) The master of a ship in relation to which an operation prescribed by the regulations is carried out, or an occurrence prescribed by the regulations occurs, must—\n> > \n> > > (a) make appropriate entries in the English language in the ship’s garbage record book, without delay, on the date of the operation or occurrence, or\n> > \n> > > (b) cause appropriate entries to be made without delay in the English language in the ship’s garbage record book on the date of the operation or occurrence.\n> > \n> > Maximum penalty—$22,000.\n> \n> > (2) The master of a ship must ensure that any entry made in relation to an operation or occurrence prescribed by the regulations is signed by the officer or other person in charge of the operation on the date of the operation or occurrence.\n> > \n> > Maximum penalty—$22,000.\n> \n> > (3) In this section—\n> > \n> > appropriate entry means an entry prescribed by the regulations.\n> \n> Editor’s note.\n> \n> See Reg 10.3 of Annex V of MARPOL.\n> \n> **s 141:** Am 2021 No 8, Sch 1.2\\[161\\] \\[168\\].","sortOrder":189},{"sectionNumber":"142","sectionType":"section","heading":"Entries in relation to inspections","content":"#### 142 Entries in relation to inspections\n\n142 Entries in relation to inspections\n\n> An inspector who inspects a ship must, without delay, make appropriate entries in the English language in the ship’s garbage record book.\n> \n> Editor’s note.\n> \n> See Reg 10.5 of Annex V of MARPOL.\n> \n> **s 142:** Am 2021 No 8, Sch 1.2\\[169\\] \\[170\\].","sortOrder":190},{"sectionNumber":"143","sectionType":"section","heading":"False entries in garbage record book","content":"#### 143 False entries in garbage record book\n\n143 False entries in garbage record book\n\n> A person must not make an entry that is false or misleading in a material particular in a garbage record book of a ship or platform.\n> \n> Maximum penalty—$22,000.\n> \n> Editor’s note.\n> \n> See Reg 10.5 of Annex V of MARPOL.\n> \n> **s 143:** Am 2021 No 8, Sch 1.2\\[169\\] \\[171\\].","sortOrder":191},{"sectionNumber":"144","sectionType":"section","heading":"Garbage record book to be retained on ship for one year","content":"#### 144 Garbage record book to be retained on ship for one year\n\n144 Garbage record book to be retained on ship for one year\n\n> The master and the owner of a ship are each guilty of an offence if the ship’s garbage record book—\n> \n> > (a) is not retained on the ship at least until the expiration of a period of one year after the day on which the last entry was made in the book, and\n> \n> > (b) is not made readily available for inspection at all reasonable times at least until the expiration of that period.\n> \n> Maximum penalty—\n> \n> > (a) in the case of an individual—$5,500, or\n> \n> > (b) in the case of a corporation—$22,000.\n> \n> Editor’s note.\n> \n> See Reg 10.3.5 of Annex V of MARPOL.\n> \n> **s 144:** Am 2021 No 8, Sch 1.2\\[172\\] \\[173\\].","sortOrder":192},{"sectionNumber":"145","sectionType":"section","heading":"Garbage record book to be retained","content":"#### 145 Garbage record book to be retained\n\n145 Garbage record book to be retained\n\n> > (1) The owner of a ship must ensure that the ship’s garbage record book is, at least until the expiration of a period of one year after the day on which the book is required to be retained on the ship in accordance with section 144—\n> > \n> > > (a) retained—\n> > > \n> > > > (i) on the ship, or\n> > > \n> > > > (ii) at the registered office in the State of the owner, or\n> > \n> > > (b) if the owner does not reside in the State and does not have an office or agent in the State, deposited with an officer prescribed by the regulations for the purposes of this section.\n> > \n> > Maximum penalty—\n> > \n> > > (a) in the case of an individual—$5,500, or\n> > \n> > > (b) in the case of a corporation—$22,000.\n> \n> > (2) The owner of a ship must ensure that the ship’s garbage record book is made readily available for inspection at all reasonable times at least until the expiration of the period referred to in subsection (1).\n> > \n> > Maximum penalty—\n> > \n> > > (a) in the case of an individual—$5,500, or\n> > \n> > > (b) in the case of a corporation—$22,000.\n> \n> > (3) The owner of a ship who resides in the State, or has an office or agent in the State, may from time to time furnish to an officer prescribed by the regulations for the purposes of this section notice, in writing, of an address, being the address of—\n> > \n> > > (a) the place in the State at which the owner so resides, or\n> > \n> > > (b) the office in the State or, if there is more than one office in the State, the principal office in the State of the owner, or\n> > \n> > > (c) the office or place of residence in the State of the owner’s agent or, if the agent has more than one office in the State, the principal office in the State of the agent.\n> \n> > (4) For the purposes of this section, the registered office of an owner of a ship is the place or office for which an address is furnished for the time being under subsection (3) as the registered office in the State of the owner of the ship.\n> \n> Editor’s note.\n> \n> See Reg 10.3.5 of Annex V of MARPOL.\n> \n> **s 145:** Am 2021 No 8, Schs 1.1\\[61\\], 1.2\\[172\\] \\[174\\].","sortOrder":193},{"sectionNumber":"146","sectionType":"section","heading":"Master may be required to certify entry in garbage record book","content":"#### 146 Master may be required to certify entry in garbage record book\n\n146 Master may be required to certify entry in garbage record book\n\n> The master of a ship must, if required to do so by an inspector—\n> \n> > (a) provide the inspector with a copy of any entry in the garbage record book for the ship specified by the inspector, and\n> \n> > (b) certify that the copy of the entry is a true copy, in the manner required by the regulations.\n> \n> Maximum penalty—$8,800.\n> \n> Editor’s note.\n> \n> See Reg 10.5 of Annex V of MARPOL.\n> \n> **s 146:** Am 2021 No 8, Sch 1.2\\[169\\] \\[175\\].","sortOrder":194},{"sectionNumber":"147","sectionType":"section","heading":"Admissibility of certified entry in garbage record book","content":"#### 147 Admissibility of certified entry in garbage record book\n\n147 Admissibility of certified entry in garbage record book\n\n> An entry in a garbage record book certified by the master of a ship is admissible in any proceedings for an offence under this Act as evidence of the facts stated in the entry.\n> \n> Editor’s note.\n> \n> See Reg 10.5 of Annex V of MARPOL.\n> \n> **s 147:** Am 2021 No 8, Sch 1.2\\[169\\] \\[176\\].","sortOrder":195},{"sectionNumber":"Part 12","sectionType":"part","heading":"Certification of construction of ships","content":"# Part 12 Certification of construction of ships\n\nPart 12 Certification of construction of ships","sortOrder":196},{"sectionNumber":"148","sectionType":"section","heading":"Regulations relating to construction of ships","content":"#### 148 Regulations relating to construction of ships\n\n148 Regulations relating to construction of ships\n\n> > (1) The regulations may make provision for and in relation to giving effect to any of the following—\n> > \n> > > (a) Chapters 3 and 4 of Annex I of MARPOL,\n> > \n> > > (b) Regulations 11 and 12 of Annex II of MARPOL,\n> > \n> > > (c) (Repealed)\n> > \n> > > (d) Regulations 2.2, 4 and 11 of Annex IV of MARPOL.\n> \n> > (2) Without limiting the generality of subsection (1), regulations made for the purposes of that subsection may empower the Minister to make orders with respect to any matter for or in relation to which provision may be made by the regulations by virtue of this section.\n> \n> Editor’s note.\n> \n> See Chapters 3 and 4 of Annex I, Regulations 11 and 12 of Annex II and Regulations 2.2, 4 and 11 of Annex IV, of MARPOL.\n> \n> **s 148:** Am 2021 No 8, Schs 1.1\\[62\\], 1.2\\[177\\] \\[178\\].","sortOrder":198},{"sectionNumber":"149","sectionType":"section","heading":null,"content":"#### 149\n\n149 (Repealed)","sortOrder":199},{"sectionNumber":"150","sectionType":"section","heading":"Requirement for ship construction certificate","content":"#### 150 Requirement for ship construction certificate\n\n150 Requirement for ship construction certificate\n\n> > (1) The master of a prescribed ship must not begin a voyage unless there is a ship construction certificate in force in respect of the ship.\n> > \n> > Maximum penalty—$11,000 or imprisonment for 4 years, or both.\n> \n> > (2) The owner of a prescribed ship must not permit the ship to begin a voyage unless a ship construction certificate is in force in respect of the ship.\n> > \n> > Maximum penalty—\n> > \n> > > (a) in the case of an individual—$11,000 or imprisonment for 4 years, or both, or\n> > \n> > > (b) in the case of a corporation—$55,000.\n> \n> > (3) The owner of a prescribed ship in respect of which a ship construction certificate is in force must ensure that the certificate is carried on board the ship.\n> > \n> > Maximum penalty—$1,100.\n> \n> > (4) In this section—\n> > \n> > prescribed ship means a ship—\n> > \n> > > (a) that is—\n> > > \n> > > > (i) an oil tanker that has a gross tonnage of 150 or more, or\n> > > \n> > > > (ii) a ship, other than an oil tanker, that has a gross tonnage of 400 or more, and\n> > \n> > > (b) engaged in voyages to ports or offshore terminals under the jurisdiction of other Parties to MARPOL.\n> > \n> > ship construction certificate means—\n> > \n> > > (a) an International Oil Pollution Prevention Certificate issued under section 132 of the [Navigation Act 2012](http://www.legislation.gov.au/) of the Commonwealth, or\n> > \n> > > (b) a ship construction certificate issued under a law of another State or the Northern Territory that is a certificate of a kind prescribed by the regulations as acceptable for the purposes of this Part, or\n> > \n> > > (c) an International Oil Pollution Prevention Certificate issued to—\n> > > \n> > > > (i) a foreign ship under section 319 of the [Navigation Act 2012](http://www.legislation.gov.au/) of the Commonwealth, or\n> > > \n> > > > (ii) a foreign ship under the law of a country other than Australia giving effect to Regulation 7 of Annex I of MARPOL, or\n> > > \n> > > > (iii) an Australian ship under the law of a country other than Australia giving effect to Regulation 8 of Annex I of MARPOL.\n> \n> Editor’s note.\n> \n> See Chapter 2 of Annex I of MARPOL.\n> \n> **s 150:** Am 2021 No 8, Schs 1.1\\[64\\], 1.2\\[179\\] \\[180\\].","sortOrder":202},{"sectionNumber":"151","sectionType":"section","heading":"Requirement for chemical tanker construction certificate","content":"#### 151 Requirement for chemical tanker construction certificate\n\n151 Requirement for chemical tanker construction certificate\n\n> > (1) The master of a prescribed ship must not begin a voyage unless there is a chemical tanker construction certificate in force in respect of the ship.\n> > \n> > Maximum penalty—$11,000 or imprisonment for 4 years, or both.\n> \n> > (2) The owner of a prescribed ship must not permit the ship to begin a voyage unless a chemical tanker construction certificate is in force in respect of the ship.\n> > \n> > Maximum penalty—\n> > \n> > > (a) in the case of an individual—$11,000 or imprisonment for 4 years, or both, or\n> > \n> > > (b) in the case of a corporation—$55,000.\n> \n> > (3) The owner of a prescribed ship in respect of which a chemical tanker construction certificate is in force must ensure that the certificate is carried on board the ship.\n> > \n> > Maximum penalty—$1,100.\n> \n> > (4) In this section—\n> > \n> > chemical tanker construction certificate means—\n> > \n> > > (a) an International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk issued under section 132 of the [Navigation Act 2012](http://www.legislation.gov.au/) of the Commonwealth, or\n> > \n> > > (b) a chemical tanker construction certificate issued under a law of another State or the Northern Territory that is a certificate of a kind prescribed by the regulations as acceptable for the purposes of this Part, or\n> > \n> > > (c) an International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk issued to—\n> > > \n> > > > (i) a foreign ship under section 319 of the [Navigation Act 2012](http://www.legislation.gov.au/) of the Commonwealth, or\n> > > \n> > > > (ii) a foreign ship under the law of a country other than Australia giving effect to Regulation 9 of Annex II of MARPOL, or\n> > > \n> > > > (iii) an Australian ship under the law of a country other than Australia giving effect to Regulation 9 of Annex II of MARPOL.\n> > \n> > prescribed ship means a ship—\n> > \n> > > (a) intended to carry noxious liquid substances in bulk, and\n> > \n> > > (b) engaged in voyages to ports or offshore terminals under the jurisdiction of other Parties to MARPOL.\n> \n> Editor’s note.\n> \n> See Reg 9.1 of Annex II of MARPOL.\n> \n> **s 151:** Am 2021 No 8, Schs 1.1\\[65\\], 1.2\\[181\\] \\[182\\].","sortOrder":203},{"sectionNumber":"152","sectionType":"section","heading":"Requirement for sewage pollution prevention certificate","content":"#### 152 Requirement for sewage pollution prevention certificate\n\n152 Requirement for sewage pollution prevention certificate\n\n> > (1) The master of a prescribed ship must not begin a voyage unless—\n> > \n> > > (a) there is a sewage pollution prevention certificate in force for the ship, and\n> > \n> > > (b) the sewage pollution prevention certificate complies with—\n> > > \n> > > > (i) the condition imposed by Regulation 4.7 of Annex IV of MARPOL, or\n> > > \n> > > > (ii) the conditions, if any, prescribed by the regulations.\n> > \n> > Maximum penalty—$11,000 or imprisonment for 4 years, or both.\n> \n> > (2) The owner of a prescribed ship must not permit the ship to begin a voyage unless—\n> > \n> > > (a) there is a sewage pollution prevention certificate in force for the ship, and\n> > \n> > > (b) the sewage pollution prevention certificate complies with—\n> > > \n> > > > (i) the condition imposed by Regulation 4.7 of Annex IV of MARPOL, or\n> > > \n> > > > (ii) the conditions, if any, prescribed by the regulations.\n> > \n> > Maximum penalty—\n> > \n> > > (a) in the case of an individual—$11,000 or imprisonment for 4 years, or both, or\n> > \n> > > (b) in the case of a corporation—$55,000.\n> \n> > (3) The owner of a prescribed ship in respect of which a sewage pollution prevention certificate is in force must ensure that the certificate is carried on board the ship.\n> > \n> > Maximum penalty—$1,100.\n> \n> > (4) In this section—\n> > \n> > prescribed ship means—\n> > \n> > > (a) a large ship on an overseas voyage, or\n> > \n> > > (b) a vessel required to carry a sewage pollution prevention certificate under the laws of another State or the Northern Territory, or\n> > \n> > > (c) a ship prescribed by the regulations for the purposes of this section.\n> > \n> > sewage pollution prevention certificate means—\n> > \n> > > (a) if the prescribed ship is either a vessel on an overseas voyage with a gross tonnage of 400 or more or a vessel with a gross tonnage of less than 400 that is certified to carry more than 15 persons—an International Sewage Pollution Prevention Certificate issued—\n> > > \n> > > > (i) under section 132 of the [Navigation Act 2012](http://www.legislation.gov.au/) of the Commonwealth, or\n> > > \n> > > > (ii) to a foreign ship under section 319 of the [Navigation Act 2012](http://www.legislation.gov.au/) of the Commonwealth, or\n> > > \n> > > > (iii) to a foreign ship under the law of a country other than Australia giving effect to Regulation 5 of Annex IV of MARPOL, or\n> > > \n> > > > (iv) to an Australian ship under the law of a country other than Australia giving effect to Regulation 6 of Annex IV of MARPOL, or\n> > \n> > > (b) if the prescribed ship is on an voyage, other than an overseas voyage, and is a vessel under the jurisdiction of another State or the Northern Territory that is required to carry a sewage pollution prevention certificate under the laws of the other jurisdiction—a sewage pollution prevention certificate issued under a law of the jurisdiction of another State or the Northern Territory, prescribed by the regulations as being a sewage pollution prevention certificate, or\n> > \n> > > (c) for a vessel prescribed in the regulations for the purposes of this section that is not a vessel specified in paragraphs (a) or (b)—a certificate issued in accordance with the regulations.\n> \n> Editor’s note.\n> \n> See Reg 5 of Annex IV of MARPOL.\n> \n> **s 152:** Am 2021 No 8, Schs 1.1\\[66\\]–\\[69\\], 1.2\\[183\\] \\[184\\].","sortOrder":204},{"sectionNumber":"Part 13","sectionType":"part","heading":"Ships must be insured against damage by discharge of oil","content":"# Part 13 Ships must be insured against damage by discharge of oil\n\nPart 13 Ships must be insured against damage by discharge of oil","sortOrder":206},{"sectionNumber":"173","sectionType":"section","heading":"Application of Part","content":"#### 173 Application of Part\n\n173 Application of Part\n\n> This Part does not apply to—\n> \n> > (a) the following ships unless the regulations declare otherwise—\n> > \n> > > (i) a ship that has a gross tonnage of 400 or more,\n> > \n> > > (ii) a ship used wholly for the purpose of recreational or sporting activities and not for hire or reward,\n> > \n> > > (iii) a ship less than 30 metres in length,\n> > \n> > > (iv) a seaplane,\n> > \n> > > (v) a Government ship, other than a Government ship that is being used for commercial purposes, or\n> \n> > (b) a ship of any class declared by the regulations to be a class of exempt ship for the purposes of this Part, or\n> \n> > (c) a particular ship declared to be an exempt ship for the purposes of this Part by written notice of the Minister given to the owner or master of the ship.\n> \n> **s 173:** Am 2021 No 8, Sch 1.2\\[185\\].","sortOrder":207},{"sectionNumber":"174","sectionType":"section","heading":"Ships must be insured against oil pollution","content":"#### 174 Ships must be insured against oil pollution\n\n174 Ships must be insured against oil pollution\n\n> > (1) The master and the owner of a ship are each guilty of an offence if the ship is in State waters without having adequate insurance.\n> > \n> > Maximum penalty—\n> > \n> > > (a) in the case of an individual—$55,000, or\n> > \n> > > (b) in the case of a corporation—$110,000.\n> \n> > (2) In this section—\n> > \n> > adequate insurance in relation to a ship means—\n> > \n> > > (a) such insurance or financial security against damage that may be caused by a discharge of oil or a mixture containing oil as the Minister—\n> > > \n> > > > (i) determines, by order, is adequate in relation to a particular ship or class of ships, or\n> > > \n> > > > (ii) approves in relation to a particular ship, and notifies in writing to the owner or master of the ship, or\n> > \n> > > (b) if a ship is required by the [Protection of the Sea (Civil Liability) Act 1981](http://www.legislation.gov.au/) of the Commonwealth to carry a relevant insurance certificate on board, such a certificate in respect of the ship that is in force.\n> > \n> > relevant insurance certificate has the same meaning as in the [Protection of the Sea (Civil Liability) Act 1981](http://www.legislation.gov.au/) of the Commonwealth.\n> \n> **s 174:** Am 2021 No 8, Sch 1.2\\[186\\].","sortOrder":208},{"sectionNumber":"175","sectionType":"section","heading":"Ships must carry evidence of insurance","content":"#### 175 Ships must carry evidence of insurance\n\n175 Ships must carry evidence of insurance\n\n> The master and the owner of a ship are each guilty of an offence if the ship is in State waters without carrying on board evidence of the insurance required by section 174.\n> \n> Maximum penalty—\n> \n> > (a) in the case of an individual—$55,000, or\n> \n> > (b) in the case of a corporation—$110,000.\n> \n> **s 175:** Am 2021 No 8, Sch 1.2\\[186\\].","sortOrder":209},{"sectionNumber":"176","sectionType":"section","heading":"Ship may be detained","content":"#### 176 Ship may be detained\n\n176 Ship may be detained\n\n> An inspector may detain a ship in a port or at some other place if the inspector believes on reasonable grounds that the ship does not have adequate insurance as required by section 174, or is not carrying on board evidence of that insurance as required by section 175.\n> \n> **s 176:** Am 2021 No 8, Sch 1.2\\[187\\].","sortOrder":210},{"sectionNumber":"177","sectionType":"section","heading":"Detained ship must not leave port","content":"#### 177 Detained ship must not leave port\n\n177 Detained ship must not leave port\n\n> > (1) The master and the owner of a ship detained under this Part are each guilty of an offence if the ship departs the port or other place at which it is detained before it is released from detention.\n> > \n> > Maximum penalty—\n> > \n> > > (a) in the case of an individual—$55,000, or\n> > \n> > > (b) in the case of a corporation—$110,000.\n> \n> > (2) A person is not guilty of an offence under this section if the person can establish that he or she was not aware that the ship had been detained.\n> \n> **s 177:** Am 2021 No 8, Sch 1.2\\[188\\].","sortOrder":211},{"sectionNumber":"Part 14","sectionType":"part","heading":"Reception facilities for collecting waste","content":"# Part 14 Reception facilities for collecting waste\n\nPart 14 Reception facilities for collecting waste","sortOrder":212},{"sectionNumber":"178","sectionType":"section","heading":"Minister may arrange for provision of reception facilities","content":"#### 178 Minister may arrange for provision of reception facilities\n\n178 Minister may arrange for provision of reception facilities\n\n> The Minister may provide, join with any other person (including the Crown) in providing, arrange for the provision of, or direct the provision of—\n> \n> > (a) reception facilities for oil residues, and mixtures containing oil or oil residues, in accordance with Regulation 38 of Annex I of MARPOL, and\n> \n> > (b) reception facilities for residues of noxious liquid substances, and mixtures containing residues of noxious liquid substances, in accordance with Regulation 18 of Annex II of MARPOL, and\n> \n> > (c) reception facilities for sewage, and mixtures containing sewage, in accordance with Regulation 12 of Annex IV of MARPOL, and\n> \n> > (d) reception facilities for garbage, and mixtures containing garbage in accordance with Regulation 8 of Annex V of MARPOL, and\n> \n> > (e) reception facilities for exhaust gas cleaning residues from an exhaust gas cleaning system under Regulation 17 of Annex VI of MARPOL.\n> \n> **s 178:** Am 2021 No 8, Schs 1.1\\[71\\] \\[72\\], 1.2\\[189\\].","sortOrder":214},{"sectionNumber":"179","sectionType":"section","heading":"Regulations concerning reception facilities","content":"#### 179 Regulations concerning reception facilities\n\n179 Regulations concerning reception facilities\n\n> The regulations may fix charges and impose conditions for the use of reception facilities provided or arranged under this Part.\n> \n> **s 179:** Am 2021 No 8, Sch 1.2\\[190\\].","sortOrder":215},{"sectionNumber":"180","sectionType":"section","heading":"Minister may require person to provide, maintain and make available reception facilities","content":"#### 180 Minister may require person to provide, maintain and make available reception facilities\n\n180 Minister may require person to provide, maintain and make available reception facilities\n\n> > (1) The Minister may serve a written notice on the owner or occupier of a reception facility prescribed by the regulations, requiring that owner or occupier—\n> > \n> > > (a) provide facilities of a standard satisfactory to the Minister for the reception or disposal, or both, of waste prescribed by the regulations from or by ships berthed, docked or otherwise being at the establishment, and\n> > \n> > > (b) maintain the facilities in good order and condition, and\n> > \n> > > (c) make the facilities available to enable ships to dispose of the waste prescribed by the regulations.\n> \n> > (2) In this section—\n> > \n> > prescribed waste means any of the following—\n> > \n> > > (a) oil or residues of oil,\n> > \n> > > (b) noxious liquid substances or residues of noxious liquid substances,\n> > \n> > > (c) sewage or residues of sewage,\n> > \n> > > (d) garbage or residues of garbage,\n> > \n> > > (e) exhaust gas cleaning residues from an exhaust gas cleaning system.\n> > \n> > reception facility means any of the following—\n> > \n> > > (a) an oil terminal, oil depot, oil installation or other establishment used for the loading or unloading of oil or oil residues,\n> > \n> > > (b) a terminal, depot, installation or other establishment used for the loading or unloading of other prescribed waste,\n> > \n> > > (c) any establishment at which ships are repaired or other work is performed relating to ships and involving the disposal of prescribed waste.\n> \n> **s 180:** Am 2021 No 8, Schs 1.1\\[73\\], 1.2\\[191\\].","sortOrder":217},{"sectionNumber":"181","sectionType":"section","heading":"Owner or occupier must comply with requirement relating to reception facilities","content":"#### 181 Owner or occupier must comply with requirement relating to reception facilities\n\n181 Owner or occupier must comply with requirement relating to reception facilities\n\n> An owner or occupier of a reception facility prescribed by the regulations under section 180 must comply with a requirement made by a notice served on the owner or occupier under this Part.\n> \n> Maximum penalty—$110,000.\n> \n> **s 181:** Am 2021 No 8, Sch 1.2\\[192\\].","sortOrder":218},{"sectionNumber":"182","sectionType":"section","heading":"Notices","content":"#### 182 Notices\n\n182 Notices\n\n> A notice served under this Part—\n> \n> > (a) must be served on the owner or occupier of the reception facility prescribed by the regulations under section 180 to which it relates—\n> > \n> > > (i) in any manner in which a summons or other process for an offence against this Act may be served, or\n> > \n> > > (ii) by delivering it to the owner or the occupier or the person appearing to be in charge of the prescribed reception facility, and\n> \n> > (b) may specify a time within which the requirement is to be complied with, and\n> \n> > (c) may be revoked or varied by a further written notice.\n> \n> **s 182:** Am 2021 No 8, Sch 1.2\\[193\\].","sortOrder":219},{"sectionNumber":"Part 15","sectionType":"part","heading":"Minister may take action to prevent or clean up pollution","content":"# Part 15 Minister may take action to prevent or clean up pollution\n\nPart 15 Minister may take action to prevent or clean up pollution","sortOrder":220},{"sectionNumber":"183","sectionType":"section","heading":"Minister may take action to prevent or clean up marine pollution","content":"#### 183 Minister may take action to prevent or clean up marine pollution\n\n183 Minister may take action to prevent or clean up marine pollution\n\n> > (1) The Minister may take any preventative or clean-up action that the Minister thinks fit, or cause any preventative or clean-up action that the Minister thinks fit to be taken, if the Minister is of the opinion that—\n> > \n> > > (a) a relevant discharge of a marine pollutant has occurred or is occurring, or\n> > \n> > > (b) there is a probability of a relevant discharge of a marine pollutant occurring, or\n> > \n> > > (c) marine pollutants are, or have been carried, on a vessel that has been abandoned, is out-of-commission or derelict.\n> \n> > (2) For this purpose, an inspector, officer, employee or agent of the Minister, using such force as is necessary, may—\n> > \n> > > (a) enter, take and retain possession of any ship, place, apparatus, facility or pipeline, and\n> > \n> > > (b) take and retain possession of any substance or thing, and\n> > \n> > > (c) use and operate any apparatus or machinery, and\n> > \n> > > (d) do all such things as are necessary for the purpose of causing a marine pollution prevention notice or a marine pollution removal notice to be complied with.\n> \n> > (3) In this section—\n> > \n> > marine pollution prevention notice has the same meaning as in Part 16.\n> > \n> > marine pollution removal notice has the same meaning as in Part 16.\n> > \n> > preventative or clean-up action means action—\n> > \n> > > (a) to prevent or limit a discharge, or\n> > \n> > > (b) to disperse or contain any marine pollutant that has been discharged, or\n> > \n> > > (c) to remove any marine pollutant from waters or land affected by any discharge, or\n> > \n> > > (d) to minimise the damage from pollution resulting from or likely to result from any discharge, or\n> > \n> > > (e) to prevent, minimise, remove, disperse or destroy a marine pollutant or prevent, minimise or mitigate pollution that is likely to occur from a vessel that has been abandoned, is out-of-commission or derelict.\n> > \n> > relevant discharge of a marine pollutant means—\n> > \n> > > (a) a discharge of oil—\n> > > \n> > > > (i) from a ship, or\n> > > \n> > > > (ii) from a place on land in, or in connection with, a transfer operation, or\n> > > \n> > > > (iii) from any apparatus or purpose-built pipeline used in, or in connection with, a transfer operation, whether or not it is being so used, or\n> > \n> > > (b) a discharge of a noxious liquid substance—\n> > > \n> > > > (i) from a ship, or\n> > > \n> > > > (ii) from a place on land in, or in connection with, a transfer operation, or\n> > > \n> > > > (iii) from any apparatus or purpose-built pipeline used in, or in connection with, a transfer operation, whether or not it is being so used, or\n> > \n> > > (c) the jettisoning of a harmful substance in packaged form from a ship, or\n> > \n> > > (d) a discharge of sewage from a large ship, or\n> > \n> > > (e) a discharge of garbage from a ship.\n> \n> **s 183:** Am 2021 No 8, Schs 1.1\\[74\\]–\\[77\\], 1.2\\[194\\].","sortOrder":221},{"sectionNumber":"184","sectionType":"section","heading":"Recovery of costs and expenses of preventative action or clean-up action","content":"#### 184 Recovery of costs and expenses of preventative action or clean-up action\n\n184 Recovery of costs and expenses of preventative action or clean-up action\n\n> > (1) The Minister may recover all costs and expenses incurred by the Minister in respect of action taken by or on behalf of the Minister under this Part from—\n> > \n> > > (a) in the case of a discharge or probable discharge of a marine pollutant from a ship—\n> > > \n> > > > (i) the owner or master of the ship concerned, or\n> > > \n> > > > (ii) any other person whose act caused the discharge or probable discharge, or\n> > \n> > > (b) in the case of a discharge or probable discharge of oil or a noxious liquid substance from an apparatus on a ship in, or in connection with, a transfer operation—\n> > > \n> > > > (i) the owner of the ship, or\n> > > \n> > > > (ii) the master of the ship, or\n> > > \n> > > > (iii) the owner of the apparatus, or\n> > > \n> > > > (iv) the person in charge of the apparatus, or\n> > > \n> > > > (v) any other person whose act caused the discharge or probable discharge, or\n> > \n> > > (c) in the case of a discharge or probable discharge of oil or a noxious liquid substance from a ship in, or in connection with, a transfer operation—\n> > > \n> > > > (i) the owner of the ship, or\n> > > \n> > > > (ii) the master of the ship, or\n> > > \n> > > > (iii) the person in charge of the transfer operation of the ship, or\n> > > \n> > > > (iv) any other person whose act caused the discharge or probable discharge, or\n> > \n> > > (d) in the case of a discharge or probable discharge of oil or a noxious liquid substance from an apparatus on a place on land in, or in connection with, a transfer operation—\n> > > \n> > > > (i) the occupier of the land, or\n> > > \n> > > > (ii) the owner of the apparatus, or\n> > > \n> > > > (iii) the person in charge of the apparatus, or\n> > > \n> > > > (iv) any other person whose act caused the discharge or probable discharge, or\n> > \n> > > (e) in the case of a discharge or probable discharge of oil or a noxious liquid substance from a place on land in, or in connection with, a transfer operation—\n> > > \n> > > > (i) the occupier of the land, or\n> > > \n> > > > (ii) any other person whose act caused the discharge or probable discharge, or\n> > \n> > > (f) in the case of a discharge or probable discharge of oil or a noxious liquid substance from a purpose-built pipeline in, or in connection with, a transfer operation—\n> > > \n> > > > (i) the occupier of the land on which the pipeline is situated, or\n> > > \n> > > > (ii) the person in charge of the pipeline, or\n> > > \n> > > > (iii) the owner of the pipeline, or\n> > > \n> > > > (iv) any other person whose act caused the discharge or probable discharge, or\n> > \n> > > (g) if the action is for a vessel that has been abandoned, is out-of-commission or derelict—the owner of the vessel within the meaning of section 202A(6).\n> \n> > (2) The costs and expenses referred to in subsection (1)—\n> > \n> > > (a) may be awarded in the course of proceedings for an offence in respect of a discharge, whether or not the owner, master or person is convicted of an offence, or\n> > \n> > > (b) may be recovered as a debt due in a court of competent jurisdiction, despite the fact that proceedings have not been taken for an offence in respect of the discharge.\n> \n> **s 184:** Am 2021 No 8, Schs 1.1\\[78\\], 1.2\\[195\\].","sortOrder":222},{"sectionNumber":"185","sectionType":"section","heading":"Costs and expenses incurred by Minister are charges on ship","content":"#### 185 Costs and expenses incurred by Minister are charges on ship\n\n185 Costs and expenses incurred by Minister are charges on ship\n\n> The amount of any costs and expenses incurred by the Minister in respect of action taken by or on behalf of the Minister under this Part that relates to a ship is a charge on the ship.\n> \n> **s 185:** Am 2021 No 8, Sch 1.2\\[196\\].","sortOrder":223},{"sectionNumber":"186","sectionType":"section","heading":"Detention of ship until recovery of costs and expenses or giving of security","content":"#### 186 Detention of ship until recovery of costs and expenses or giving of security\n\n186 Detention of ship until recovery of costs and expenses or giving of security\n\n> A ship may be detained by a person authorised by the Minister for the purposes of this section until the amount of any costs and expenses incurred by the Minister in respect of action taken by or on behalf of the Minister under this Part is paid or security for the payment of the amount is provided in accordance with Part 18.\n> \n> **s 186:** Am 2021 No 8, Sch 1.2\\[197\\].","sortOrder":224},{"sectionNumber":"187","sectionType":"section","heading":"Detained ship must not leave port","content":"#### 187 Detained ship must not leave port\n\n187 Detained ship must not leave port\n\n> > (1) The master and the owner of a ship detained under this Part are each guilty of an offence if the ship departs the port or other place at which it is detained before it is released from detention.\n> > \n> > Maximum penalty—\n> > \n> > > (a) in the case of an individual—$55,000, or\n> > \n> > > (b) in the case of a corporation—$110,000.\n> \n> > (2) A person is not guilty of an offence under this section if the person can establish that he or she was not aware that the ship had been detained.","sortOrder":225},{"sectionNumber":"188","sectionType":"section","heading":"Obstruction of officers is an offence","content":"#### 188 Obstruction of officers is an offence\n\n188 Obstruction of officers is an offence\n\n> > (1) A person must not wilfully obstruct a person who is taking action on behalf of the Minister under this Part.\n> > \n> > Maximum penalty—$220,000.\n> \n> > (2) This section does not apply to a person who obstructs a person—\n> > \n> > > (a) for the purpose of securing the safety of a ship or saving life at sea, or\n> > \n> > > (b) with the approval of an officer prescribed by the regulations for the purposes of this section, for the purpose of combating specific pollution incidents in order to minimise the damage from pollution.\n> \n> **s 188:** Am 2021 No 8, Sch 1.2\\[198\\].","sortOrder":226},{"sectionNumber":"189","sectionType":"section","heading":"Oiled Wildlife Care Network","content":"#### 189 Oiled Wildlife Care Network\n\n189 Oiled Wildlife Care Network\n\n> > (1) The Minister is to have an Oiled Wildlife Care Network.\n> \n> > (2) The network is to consist of representatives of organisations that have an interest or involvement in the protection of wildlife contaminated by oil or any other marine pollutant, which may include, but are not limited to, representatives of—\n> > \n> > > (a) wildlife care or rehabilitation providers,\n> > \n> > > (b) zoological parks,\n> > \n> > > (c) emergency services,\n> > \n> > > (d) regulatory agencies,\n> > \n> > > (e) academic institutions.\n> \n> > (3) The Minister is to determine the constitution and procedure of the network.\n> \n> > (4) The function of the network is to act as a consultative committee to advise on marine pollution response preparedness.\n> \n> > (5) Any expenditure under this section is to be paid out of money to be provided by Parliament.\n> \n> **s 189:** Am 2021 No 8, Schs 1.1\\[79\\].","sortOrder":227},{"sectionNumber":"Part 16","sectionType":"part","heading":"Marine environment protection notices","content":"# Part 16 Marine environment protection notices\n\nPart 16 Marine environment protection notices","sortOrder":228},{"sectionNumber":"190","sectionType":"section","heading":"Definitions","content":"#### 190 Definitions\n\n190 Definitions\n\n> In this Part—\n> \n> clean-up action, in relation to a marine pollution incident, includes—\n> \n> > (a) action to prevent, minimise, remove, disperse, destroy or mitigate any pollution resulting or likely to result from the incident, and\n> \n> > (b) ascertaining the nature and extent of the pollution incident and of the actual or likely resulting pollution, and\n> \n> > (c) preparing and carrying out a remedial plan of action.\n> \n> marine environment protection notice—see section 191.\n> \n> marine pollution clean-up notice means a notice under Division 2.\n> \n> marine pollution compliance cost notice means a notice under Division 6.\n> \n> marine pollution incident means—\n> \n> > (a) the discharge of oil into State waters—\n> > \n> > > (i) from a ship, or\n> > \n> > > (ii) from a place on land in, or in connection with, a transfer operation, or\n> > \n> > > (iii) from any apparatus or purpose-built pipeline used in, or in connection with, a transfer operation, whether or not it is being so used, or\n> \n> > (b) the discharge of a noxious liquid substance into State waters—\n> > \n> > > (i) from a ship, or\n> > \n> > > (ii) from a place on land in, or in connection with, a transfer operation, or\n> > \n> > > (iii) from any apparatus or purpose-built pipeline used in, or in connection with, a transfer operation, whether or not it is being so used, or\n> \n> > (c) the jettisoning of a harmful substance in packaged form from a ship into State waters, or\n> \n> > (d) the discharge of sewage from a ship into State waters, or\n> \n> > (e) the discharge of garbage from a ship into State waters.\n> \n> marine pollution prevention notice means a notice under Division 3.\n> \n> marine pollution prohibition notice means a notice under Division 4.\n> \n> marine pollution removal notice means a notice under Division 4A.\n> \n> public authority means a public or local authority constituted by or under an Act, and includes—\n> \n> > (a) a government department, and\n> \n> > (b) a local council, and\n> \n> > (c) a member of staff or other person who exercises functions on behalf of a public authority.\n> \n> responsible person means—\n> \n> > (a) in the case of a discharge or probable discharge of a marine pollutant from a ship—\n> > \n> > > (i) the owner or master of the ship concerned, or\n> > \n> > > (ii) any other person whose act caused the discharge or probable discharge, or\n> \n> > (b) in the case of a discharge or probable discharge of oil or a noxious liquid substance from an apparatus on a ship in, or in connection with, a transfer operation—\n> > \n> > > (i) the owner of the ship, or\n> > \n> > > (ii) the master of the ship, or\n> > \n> > > (iii) the owner of the apparatus, or\n> > \n> > > (iv) the person in charge of the apparatus, or\n> > \n> > > (v) any other person whose act caused the discharge or probable discharge, or\n> \n> > (c) in the case of a discharge or probable discharge of oil or a noxious liquid substance from a ship in, or in connection with, a transfer operation—\n> > \n> > > (i) the owner of the ship, or\n> > \n> > > (ii) the master of the ship, or\n> > \n> > > (iii) the person in charge of the transfer operation of the ship, or\n> > \n> > > (iv) any other person whose act caused the discharge or probable discharge, or\n> \n> > (d) in the case of a discharge or probable discharge of oil or a noxious liquid substance from an apparatus on a place on land in, or in connection with, a transfer operation—\n> > \n> > > (i) the occupier of the land, or\n> > \n> > > (ii) the owner of the apparatus, or\n> > \n> > > (iii) the person in charge of the apparatus, or\n> > \n> > > (iv) any other person whose act caused the discharge or probable discharge, or\n> \n> > (e) in the case of a discharge or probable discharge of oil or a noxious liquid substance from a place on land in, or in connection with, a transfer operation—\n> > \n> > > (i) the occupier of the land, or\n> > \n> > > (ii) any other person whose act caused the discharge or probable discharge, or\n> \n> > (f) in the case of a discharge or probable discharge of oil or a noxious liquid substance from a purpose-built pipeline in, or in connection with, a transfer operation—\n> > \n> > > (i) the occupier of the land on which the pipeline is situated, or\n> > \n> > > (ii) the person in charge of the pipeline, or\n> > \n> > > (iii) the owner of the pipeline, or\n> > \n> > > (iv) any other person whose act caused the discharge or probable discharge.\n> \n> **s 190:** Am 2021 No 8, Sch 1.1\\[80\\]–\\[82\\].","sortOrder":230},{"sectionNumber":"191","sectionType":"section","heading":"Classification of marine environment protection notices","content":"#### 191 Classification of marine environment protection notices\n\n191 Classification of marine environment protection notices\n\n> Marine environment protection notices are of the following kinds—\n> \n> > (a) marine pollution clean-up notices,\n> \n> > (b) marine pollution prevention notices,\n> \n> > (c) marine pollution prohibition notices,\n> \n> > (d) marine pollution removal notices.\n> \n> **s 191:** Am 2021 No 8, Sch 1.1\\[83\\].","sortOrder":231},{"sectionNumber":"192","sectionType":"section","heading":"Marine environment protection notices may be given orally","content":"#### 192 Marine environment protection notices may be given orally\n\n192 Marine environment protection notices may be given orally\n\n> > (1) The Minister may, instead of giving a marine environment protection notice by notice in writing, give the notice orally.\n> \n> > (2) A notice that can be given orally under this Part by the Minister can be given orally by a person who is acting under delegated or other authority from the Minister.\n> \n> > (3) A notice given orally to a person ceases to have effect on the expiration of 72 hours from the time it was given unless confirmed by the Minister by a written marine environment protection notice given to the person.\n> \n> > (4) A notice given orally has the same effect as a notice given in writing, and is taken to be a marine environment protection notice of the relevant type.","sortOrder":232},{"sectionNumber":"193","sectionType":"section","heading":"Clean-up by polluters","content":"#### 193 Clean-up by polluters\n\n193 Clean-up by polluters\n\n> > (1) The Minister may, by notice in writing, do either or both of the following—\n> > \n> > > (a) direct the responsible person for a marine pollution incident that the Minister reasonably suspects has occurred or is occurring,\n> > \n> > > (b) direct a person who is reasonably suspected by the Minister of causing or having caused a marine pollution incident,\n> > \n> > to take such clean-up action as is specified in the notice and within such period as is specified in the notice.\n> \n> > (2) The marine pollution clean-up notice may require the person to whom the notice is given to furnish reports to the Minister regarding progress on the carrying out of the clean-up action.\n> \n> > (3) If the person given a marine pollution clean-up notice complies with the notice but was not the person who caused the marine pollution incident, the cost of complying with the notice may be recovered by the person who complied with the notice as a debt in a court of competent jurisdiction from the person who caused the marine pollution incident.\n> \n> > (4) A person who, without reasonable excuse, does not comply with a marine pollution clean-up notice given to the person is guilty of an offence.\n> > \n> > Maximum penalty—\n> > \n> > > (a) in the case of a corporation—$1,000,000 and, in the case of a continuing offence, a further penalty of $120,000 for each day the offence continues, or\n> > \n> > > (b) in the case of an individual—$250,000 and, in the case of a continuing offence, a further penalty of $60,000 for each day the offence continues.","sortOrder":234},{"sectionNumber":"194","sectionType":"section","heading":"Clean-up by public authorities","content":"#### 194 Clean-up by public authorities\n\n194 Clean-up by public authorities\n\n> > (1) If the Minister reasonably suspects that a marine pollution incident has occurred or is occurring, the Minister may, by notice in writing, direct a public authority to take such clean-up action as is specified in the notice. The public authority is authorised and required to take that action.\n> \n> > (2) If a public authority reasonably suspects that a marine pollution incident has occurred or is occurring, the public authority may take such clean-up action as it considers necessary. The public authority is authorised to take that action, whether or not it is directed to take clean-up action under subsection (1).\n> \n> > (3) Notices may be given, and action may be taken, under this section whether or not a marine pollution clean-up notice has been given under section 193, and (if such a notice has been given) whether or not the period specified in the notice under that section has ended.\n> \n> > (4) A public authority may take clean-up action under this section by itself or by its employees, agents or contractors.\n> \n> > (5) (Repealed)\n> \n> **s 194:** Am 2021 No 8, Sch 1.1\\[84\\].","sortOrder":235},{"sectionNumber":"195","sectionType":"section","heading":"Fee","content":"#### 195 Fee\n\n195 Fee\n\n> > (1) The purpose of this section is to enable the Minister to recover the administrative costs of preparing and giving marine pollution clean-up notices.\n> \n> > (2) A person who is given a marine pollution clean-up notice by the Minister must within 30 days pay the fee prescribed by the regulations to the Minister.\n> \n> > (3) A fee is not payable for the variation of a marine pollution clean-up notice.\n> \n> > (4) The Minister may—\n> > \n> > > (a) extend the time for payment of the fee, on the application of a person to whom subsection (2) applies, or\n> > \n> > > (b) waive payment of the whole or any part of the fee, on the Minister’s own initiative or on the application of a person to whom subsection (2) applies.\n> \n> > (5) A person who does not pay the fee within the time provided under this section is guilty of an offence.\n> > \n> > Maximum penalty—$22,000.","sortOrder":236},{"sectionNumber":"196","sectionType":"section","heading":"Meaning of environmentally unsatisfactory manner","content":"#### 196 Meaning of environmentally unsatisfactory manner\n\n196 Meaning of environmentally unsatisfactory manner\n\n> For the purposes of this Division an activity is carried on in an environmentally unsatisfactory manner if—\n> \n> > (a) it is carried on in contravention of, or in a manner that is likely to lead to a contravention of, this Act or the regulations or an exemption given under this Act or the regulations, or\n> \n> > (b) it causes, or is likely to cause, a marine pollution incident, or\n> \n> > (c) it is not carried on by such practicable means as may be necessary to prevent, control or minimise a marine pollution incident.","sortOrder":238},{"sectionNumber":"197","sectionType":"section","heading":"Preventative action","content":"#### 197 Preventative action\n\n197 Preventative action\n\n> > (1) This section applies when the Minister reasonably suspects that an activity has been or is being carried on in an environmentally unsatisfactory manner on any ship or at any place on land or by any person (otherwise than on a ship or place on land).\n> \n> > (2) The Minister may, by notice in writing, do either or both of the following—\n> > \n> > > (a) direct the master or owner of a ship, or responsible person for the relevant apparatus or place on land,\n> > \n> > > (b) direct the person carrying on the activity (whether or not on a ship or place on land),\n> > \n> > to take such action, as is specified in the notice and within such period (if any) as is specified in the notice, to ensure that the activity is carried on in future in a lawful and environmentally satisfactory manner.\n> \n> > (3) The action to be taken may (without limitation) include any of the following—\n> > \n> > > (a) installing, repairing, altering, replacing, maintaining or operating control equipment or other plant,\n> > \n> > > (b) modifying, or carrying out any work on, plant,\n> > \n> > > (c) ceasing to use plant or altering the way plant is used,\n> > \n> > > (d) ceasing to carry on or not commencing to carry on an activity,\n> > \n> > > (e) carrying on an activity in a particular manner,\n> > \n> > > (f) carrying on an activity only during particular times,\n> > \n> > > (g) monitoring, sampling or analysing any pollution or otherwise ascertaining the nature and extent of pollution or the risk of pollution,\n> > \n> > > (h) action with respect to the transportation, collection, reception, re-use, recovery, recycling, processing, storage or disposal of any waste or other substance,\n> > \n> > > (i) preparing and carrying out a plan of action to control, prevent or minimise pollution or waste,\n> > \n> > > (j) reviewing the carrying out of an activity.\n> \n> > (4) If the person who is given a notice is not the person carrying on the activity, the notice is taken to require the person to take all available steps to cause the action to be taken.\n> \n> > (5) A marine pollution prevention notice may require the person to whom the notice is given to furnish reports to the Minister regarding progress on carrying out the action required to be taken by the notice.","sortOrder":239},{"sectionNumber":"198","sectionType":"section","heading":"Offence","content":"#### 198 Offence\n\n198 Offence\n\n> A person who does not comply with a marine pollution prevention notice given to the person is guilty of an offence.\n> \n> Maximum penalty—\n> \n> > (a) in the case of a corporation—$1,000,000 and, in the case of a continuing offence, a further penalty of $120,000 for each day the offence continues, or\n> \n> > (b) in the case of an individual—$250,000 and, in the case of a continuing offence, a further penalty of $60,000 for each day the offence continues.","sortOrder":240},{"sectionNumber":"199","sectionType":"section","heading":"Commencement of operation of marine pollution prevention notices or variations","content":"#### 199 Commencement of operation of marine pollution prevention notices or variations\n\n199 Commencement of operation of marine pollution prevention notices or variations\n\n> A marine pollution prevention notice, or a variation of a marine pollution prevention notice, operates from the day the notice or notice of the variation is given or from such later day as the notice specifies.","sortOrder":241},{"sectionNumber":"200","sectionType":"section","heading":"Fee","content":"#### 200 Fee\n\n200 Fee\n\n> > (1) The purpose of this section is to enable the Minister to recover the administrative costs of preparing and giving marine pollution prevention notices.\n> \n> > (2) A person who is given a marine pollution prevention notice by the Minister must within 30 days pay the fee prescribed by the regulations to the Minister.\n> \n> > (3) The Minister may—\n> > \n> > > (a) extend the time for payment of the fee, on the application of a person to whom subsection (2) applies, or\n> > \n> > > (b) waive payment of the whole or any part of the fee, on the Minister’s own initiative or on the application of a person to whom subsection (2) applies.\n> \n> > (4) A fee is not payable for the variation of a marine pollution prevention notice.\n> \n> > (5) A person who does not pay the fee within the time provided under this section is guilty of an offence.\n> > \n> > Maximum penalty—$22,000.","sortOrder":242},{"sectionNumber":"201","sectionType":"section","heading":"Prohibition on activities","content":"#### 201 Prohibition on activities\n\n201 Prohibition on activities\n\n> > (1) This section applies where the Minister is of the opinion that the discharge of marine pollutants from (or within) any ship or place on land in which any activity is carried on is causing or is likely to cause a marine pollution incident and that the giving of the notice is warranted.\n> \n> > (2) The Minister may, by notice in writing, do either or both of the following—\n> > \n> > > (a) direct the master of the ship or the responsible person,\n> > \n> > > (b) direct the person carrying on the activity,\n> > \n> > to cease carrying on the activity, or any specified aspect of it, for such period as is specified in the notice.\n> \n> > (3) If the person who is given a notice is not the person carrying on the activity, the notice is taken to require the person to take all available steps to cause the activity to cease.\n> \n> > (4) The Minister may give further notices on the expiry of the period of the earlier notice.","sortOrder":244},{"sectionNumber":"202","sectionType":"section","heading":"Offence","content":"#### 202 Offence\n\n202 Offence\n\n> A person who, without reasonable excuse, does not comply with a marine pollution prohibition notice given to the person is guilty of an offence.\n> \n> Maximum penalty—\n> \n> > (a) in the case of a corporation—$1,000,000 and, in the case of a continuing offence, a further penalty of $120,000 for each day the offence continues, or\n> \n> > (b) in the case of an individual—$250,000 and, in the case of a continuing offence, a further penalty of $60,000 for each day the offence continues.","sortOrder":245},{"sectionNumber":"Division 4A","sectionType":"division","heading":"Marine pollution removal notice","content":"## Division 4A Marine pollution removal notice\n\nDivision 4A Marine pollution removal notice\n\n**pt 16, div 4A:** Ins 2021 No 8, Sch 1.1\\[85\\].","sortOrder":246},{"sectionNumber":"202A","sectionType":"section","heading":"Preventative action for abandoned, out-of-commission or derelict vessels","content":"#### 202A Preventative action for abandoned, out-of-commission or derelict vessels\n\n202A Preventative action for abandoned, out-of-commission or derelict vessels\n\n> > (1) This section applies if the Minister is of the opinion that—\n> > \n> > > (a) a vessel has been abandoned, is out-of-commission or derelict, and\n> > \n> > > (b) marine pollutants are, or have been, carried on the vessel.\n> \n> > (2) The Minister may, by written notice given to the owner of the vessel, direct the owner to do any of the following—\n> > \n> > > (a) the action specified in the notice, within the period specified in the notice,\n> > \n> > > (b) take action to prevent, minimise, remove, disperse or destroy a marine pollutant or prevent, minimise or mitigate pollution that is likely to occur,\n> > \n> > > (c) take action to ascertain the nature and extent of the possible pollution,\n> > \n> > > (d) prepare and carry out a remedial course of action.\n> \n> > (3) The marine pollution removal notice may require the person given the notice to give reports to the Minister regarding progress on the carrying out of the action required by subsection (2).\n> \n> > (4) If the person given a marine pollution removal notice complies with the notice but was not the owner of the vessel, the cost of complying with the notice may be recovered by the person as a debt in a court of competent jurisdiction from the owner of the vessel.\n> \n> > (5) A person given a marine pollution removal notice who, without reasonable excuse, does not comply with the notice is guilty of an offence.\n> > \n> > Maximum penalty—\n> > \n> > > (a) for a corporation—$1,000,000 and, for a continuing offence, a further penalty of $120,000 for each day the offence continues, or\n> > \n> > > (b) for an individual—$250,000 and, for a continuing offence, a further penalty of $60,000 for each day the offence continues.\n> \n> > (6) In this section—\n> > \n> > certificate of registry includes an Australian or foreign vessel registered on the Australian and International Shipping Registers.\n> > \n> > Editor’s note.\n> > \n> > The Australian Maritime Safety Authority keeps a list of registered ships. The list is available on the website of the Australian Maritime Safety Authority (www.amsa.gov.au).\n> > \n> > marine safety licence has the same meaning as in the [Marine Safety Act 1998](/view/html/inforce/current/act-1998-121).\n> > \n> > National licence has the same meaning as in the [Marine Safety Act 1998](/view/html/inforce/current/act-1998-121).\n> > \n> > owner, in relation to an abandoned, derelict or out-of-commission vessel—\n> > \n> > > (a) has the same meaning as relevant owner in the [Marine Safety Act 1998](/view/html/inforce/current/act-1998-121), and\n> > \n> > > (b) if there is no current National licence or other certificate of registry for the vessel—extends to the last person registered as the vessel’s owner in the National licence or other certificate of registry for the vessel.\n> \n> **s 202A:** Ins 2021 No 8, Sch 1.1\\[85\\]. Am 2025 No 12, Sch 2.3.","sortOrder":247},{"sectionNumber":"202B","sectionType":"section","heading":"Commencement of operation of marine pollution removal notices or variations","content":"#### 202B Commencement of operation of marine pollution removal notices or variations\n\n202B Commencement of operation of marine pollution removal notices or variations\n\n> A marine pollution removal notice, or a variation of a marine pollution removal notice, operates from the day the notice or notice of the variation is given or from a later day specified by the notice.\n> \n> **s 202B:** Ins 2021 No 8, Sch 1.1\\[85\\].","sortOrder":248},{"sectionNumber":"202C","sectionType":"section","heading":"Fee","content":"#### 202C Fee\n\n202C Fee\n\n> > (1) The purpose of this section is to enable the Minister to recover the administrative costs of preparing and giving marine pollution removal notices.\n> \n> > (2) A person who is given a marine pollution removal notice by the Minister must, within 30 days, pay the fee prescribed by the regulations to the Minister.\n> \n> > (3) The Minister may—\n> > \n> > > (a) extend the time for payment of the fee, on the application of the person, or\n> > \n> > > (b) waive the payment of the whole or part of the fee, on the Minister’s own initiative or on the application of the person.\n> \n> > (4) A fee is not payable for the variation of a marine pollution removal notice.\n> \n> > (5) A person who does not pay the fee within the time provided under this section is guilty of an offence.\n> > \n> > Maximum penalty—$22,000.\n> \n> **s 202C:** Ins 2021 No 8, Sch 1.1\\[85\\].","sortOrder":249},{"sectionNumber":"203","sectionType":"section","heading":"Minister may take action in event of failure to comply","content":"#### 203 Minister may take action in event of failure to comply\n\n203 Minister may take action in event of failure to comply\n\n> > (1) The Minister may cause any requirement made by a marine environment protection notice that is not being complied with to be complied with by an inspector or other officer, employee or agent of the Minister or any other person authorised by the Minister for the purposes of this section.\n> \n> > (2) For this purpose, such an inspector, officer, employee, agent or person, using such force as is necessary, may—\n> > \n> > > (a) enter, take and retain possession of any ship, place, apparatus, facility or pipeline, and\n> > \n> > > (b) take and retain possession of any substance or thing, and\n> > \n> > > (c) use and operate any apparatus or machinery, and\n> > \n> > > (d) do all such things as are necessary for the purpose of causing a marine pollution prevention notice to be complied with.\n> \n> **s 203:** Am 2021 No 8, Sch 1.2\\[199\\].","sortOrder":251},{"sectionNumber":"204","sectionType":"section","heading":"Obstruction of persons acting in compliance with notice is an offence","content":"#### 204 Obstruction of persons acting in compliance with notice is an offence\n\n204 Obstruction of persons acting in compliance with notice is an offence\n\n> > (1) A person must not wilfully obstruct a person who is acting in compliance with a marine environment protection notice under section 203.\n> > \n> > Maximum penalty—$220,000.\n> \n> > (2) This section does not apply to a person who obstructs a person—\n> > \n> > > (a) for the purpose of securing the safety of a ship or saving life at sea, or\n> > \n> > > (b) with the approval of an officer prescribed by the regulations for the purposes of this section, for the purpose of combating specific pollution incidents in order to minimise the damage from pollution.\n> \n> **s 204:** Am 2021 No 8, Sch 1.2\\[200\\].","sortOrder":252},{"sectionNumber":"Division 6","sectionType":"division","heading":"Compliance costs","content":"## Division 6 Compliance costs\n\nDivision 6 Compliance costs","sortOrder":253},{"sectionNumber":"205","sectionType":"section","heading":"Marine pollution compliance cost notices","content":"#### 205 Marine pollution compliance cost notices\n\n205 Marine pollution compliance cost notices\n\n> > (1) If the Minister has given a marine pollution clean-up notice, marine pollution prevention notice or marine pollution removal notice to a person, the Minister may, by notice in writing, require the person to pay all or any reasonable costs and expenses incurred by the Minister in connection with—\n> > \n> > > (a) monitoring action under the notice, and\n> > \n> > > (b) ensuring that the notice is complied with, and\n> > \n> > > (c) any other associated matters.\n> \n> > (2) A public authority that takes clean-up action under section 194 may, by notice in writing, require—\n> > \n> > > (a) the occupier of the premises at or from which the authority reasonably suspects that the marine pollution incident occurred, or\n> > \n> > > (b) the person who is reasonably suspected by the authority of having caused the marine pollution incident,\n> > \n> > or both, to pay all or any reasonable costs and expenses incurred by it in connection with the clean-up action.\n> \n> > (3) If the Minister takes action under section 203 because a marine environment protection notice is not complied with, the Minister may, by notice in writing, require the person to whom the notice was given to pay all or any reasonable costs and expenses incurred by the Minister in taking the action.\n> \n> **s 205:** Am 2021 No 8, Sch 1.1\\[86\\].","sortOrder":254},{"sectionNumber":"206","sectionType":"section","heading":"Recovery of amounts","content":"#### 206 Recovery of amounts\n\n206 Recovery of amounts\n\n> > (1) The Minister or a public authority may recover any unpaid amounts specified in a marine pollution compliance cost notice as a debt in a court of competent jurisdiction.\n> \n> > (2) If the person given a marine pollution compliance cost notice complies with the notice but was not the person who caused the pollution or marine pollution incident, the cost of complying with the notice may be recovered by the person who complied with the notice as a debt in a court of competent jurisdiction from the person who caused the pollution or marine pollution incident.","sortOrder":255},{"sectionNumber":"Division 7","sectionType":"division","heading":"Recovery of costs and expenses if the Minister takes action","content":"## Division 7 Recovery of costs and expenses if the Minister takes action\n\nDivision 7 Recovery of costs and expenses if the Minister takes action","sortOrder":256},{"sectionNumber":"207","sectionType":"section","heading":"Costs and expenses incurred by Minister are charges on ship","content":"#### 207 Costs and expenses incurred by Minister are charges on ship\n\n207 Costs and expenses incurred by Minister are charges on ship\n\n> The amount of any costs and expenses incurred by the Minister in respect of action taken by or on behalf of the Minister under this Part that relates to a ship is a charge on the ship.\n> \n> **s 207:** Am 2021 No 8, Sch 1.2\\[201\\].","sortOrder":257},{"sectionNumber":"208","sectionType":"section","heading":"Detention of ship until recovery of costs and expenses or giving of security","content":"#### 208 Detention of ship until recovery of costs and expenses or giving of security\n\n208 Detention of ship until recovery of costs and expenses or giving of security\n\n> A ship may be detained by a person authorised by the Minister for the purposes of this section until the amount of any costs and expenses incurred by the Minister in respect of action taken by or on behalf of the Minister under this Part is paid or security for the payment of the amount is provided in accordance with Part 18.\n> \n> **s 208:** Am 2021 No 8, Sch 1.2\\[202\\].","sortOrder":258},{"sectionNumber":"209","sectionType":"section","heading":"Detained ship must not leave port","content":"#### 209 Detained ship must not leave port\n\n209 Detained ship must not leave port\n\n> > (1) The master and the owner of a ship detained under this Division are each guilty of an offence if the ship departs the port or other place at which it is detained before it is released from detention.\n> > \n> > Maximum penalty—\n> > \n> > > (a) in the case of an individual—$55,000, or\n> > \n> > > (b) in the case of a corporation—$110,000.\n> \n> > (2) A person is not guilty of an offence under this section if the person can establish that he or she was not aware that the ship had been detained.","sortOrder":259},{"sectionNumber":"Division 8","sectionType":"division","heading":"Miscellaneous","content":"## Division 8 Miscellaneous\n\nDivision 8 Miscellaneous","sortOrder":260},{"sectionNumber":"210","sectionType":"section","heading":"Minister’s other preventative powers not affected","content":"#### 210 Minister’s other preventative powers not affected\n\n210 Minister’s other preventative powers not affected\n\n> This Part does not limit the generality of the Minister’s power to take action under Part 15.","sortOrder":261},{"sectionNumber":"211","sectionType":"section","heading":"Multiple notices","content":"#### 211 Multiple notices\n\n211 Multiple notices\n\n> More than one notice under a provision of this Part may be given to the same person.","sortOrder":262},{"sectionNumber":"212","sectionType":"section","heading":"Extraterritorial application","content":"#### 212 Extraterritorial application\n\n212 Extraterritorial application\n\n> A notice may be given under this Part to a person in respect of a matter or thing even though the person is outside the State or the matter or thing occurs or is located outside the State, so long as the matter or thing affects the environment of this State.","sortOrder":263},{"sectionNumber":"213","sectionType":"section","heading":"Revocation or variation","content":"#### 213 Revocation or variation\n\n213 Revocation or variation\n\n> > (1) A notice given under this Part may be revoked or varied by a subsequent notice or notices given by the Minister.\n> \n> > (2) A notice may be varied by modification of, or addition to, its terms and specifications.\n> \n> > (3) Without limiting the above, a notice may be varied by extending the time for complying with the notice.\n> \n> > (4) A fee is not payable for the variation of a marine environment protection notice under this Part.","sortOrder":264},{"sectionNumber":"214","sectionType":"section","heading":"Power to enter land","content":"#### 214 Power to enter land\n\n214 Power to enter land\n\n> > (1) The Minister or a public authority may, by the Minister’s or the authority’s employees, agents or contractors, enter any premises at any reasonable time for the purpose of exercising the Minister’s or the public authority’s functions under this Part.\n> \n> > (2) For the purpose of entering or leaving any such premises, the power conferred by this section extends to entering other premises.\n> \n> > (3) A power to enter premises conferred by this section authorises entry by foot or by means of a motor vehicle or other vehicle, or in any other manner.\n> \n> > (4) Entry may be effected under this section by the Minister or a public authority with the aid of such authorised officers or police officers as the Minister or authority considers necessary and with the use of reasonable force.","sortOrder":265},{"sectionNumber":"215","sectionType":"section","heading":"Obstruction of persons","content":"#### 215 Obstruction of persons\n\n215 Obstruction of persons\n\n> A person who wilfully delays or obstructs—\n> \n> > (a) a person who is carrying out any action in compliance with a marine environment protection notice, or another person authorised by the person to carry it out, or\n> \n> > (b) a public authority that is taking clean-up action under Division 2, or another person authorised by the authority to carry it out, or\n> \n> > (c) a person who is taking action under section 203,\n> \n> is guilty of an offence.\n> \n> Maximum penalty—\n> \n> > (a) in the case of a corporation—$1,000,000 and, in the case of a continuing offence, a further penalty of $120,000 for each day the offence continues, or\n> \n> > (b) in the case of an individual—$250,000 and, in the case of a continuing offence, a further penalty of $60,000 for each day the offence continues.","sortOrder":266},{"sectionNumber":"Part 17","sectionType":"part","heading":"Recovery of costs, expenses and damages","content":"# Part 17 Recovery of costs, expenses and damages\n\nPart 17 Recovery of costs, expenses and damages","sortOrder":267},{"sectionNumber":"216","sectionType":"section","heading":"Recovery of damages, costs or expenses relating to discharge prohibited by Act","content":"#### 216 Recovery of damages, costs or expenses relating to discharge prohibited by Act\n\n216 Recovery of damages, costs or expenses relating to discharge prohibited by Act\n\n> > (1) This section applies to any of the following discharges, whether or not there would be a lawful defence or excuse to a charge for an offence relating to the discharge—\n> > \n> > > (a) a discharge of oil into State waters—\n> > > \n> > > > (i) from a ship, or\n> > > \n> > > > (ii) from a place on land in, or in connection with, a transfer operation, or\n> > > \n> > > > (iii) from any apparatus or purpose-built pipeline used in, or in connection with, a transfer operation, whether or not it is being so used,\n> > \n> > > (b) a discharge of a noxious liquid substance into State waters—\n> > > \n> > > > (i) from a ship, or\n> > > \n> > > > (ii) from a place on land in, or in connection with, a transfer operation, or\n> > > \n> > > > (iii) from any apparatus or purpose-built pipeline used in, or in connection with, a transfer operation, whether or not it is being so used,\n> > \n> > > (c) the jettisoning of a harmful substance in packaged form from a ship into State waters,\n> > \n> > > (d) a discharge of sewage from a ship into State waters,\n> > \n> > > (e) a discharge of garbage from a ship into State waters.\n> \n> > (2) A person who suffers loss of or damage to property because of a discharge to which this section applies, or who incurs costs or expenses in preventing or mitigating or in attempting to prevent or mitigate any loss of or damage to property (including the property of another) as a result of such a discharge, may recover the amount of the loss or damage and the costs or expenses incurred from—\n> > \n> > > (a) in the case of a discharge or probable discharge of a marine pollutant from a ship—\n> > > \n> > > > (i) the owner or master of the ship concerned, or\n> > > \n> > > > (ii) any other person whose act caused the discharge or probable discharge, or\n> > \n> > > (b) in the case of a discharge or probable discharge of oil or a noxious liquid substance from an apparatus on a ship in, or in connection with, a transfer operation—\n> > > \n> > > > (i) the owner of the ship, or\n> > > \n> > > > (ii) the master of the ship, or\n> > > \n> > > > (iii) the owner of the apparatus, or\n> > > \n> > > > (iv) the person in charge of the apparatus, or\n> > > \n> > > > (v) any other person whose act caused the discharge or probable discharge, or\n> > \n> > > (c) in the case of a discharge or probable discharge of oil or a noxious liquid substance from a ship in, or in connection with, a transfer operation—\n> > > \n> > > > (i) the owner of the ship, or\n> > > \n> > > > (ii) the master of the ship, or\n> > > \n> > > > (iii) the person in charge of the transfer operation of the ship, or\n> > > \n> > > > (iv) any other person whose act caused the discharge or probable discharge, or\n> > \n> > > (d) in the case of a discharge or probable discharge of oil or a noxious liquid substance from an apparatus on a place on land in, or in connection with, a transfer operation—\n> > > \n> > > > (i) the occupier of the land, or\n> > > \n> > > > (ii) the owner of the apparatus, or\n> > > \n> > > > (iii) the person in charge of the apparatus, or\n> > > \n> > > > (iv) any other person whose act caused the discharge or probable discharge, or\n> > \n> > > (e) in the case of a discharge or probable discharge of oil or a noxious liquid substance from a place on land in, or in connection with, a transfer operation—\n> > > \n> > > > (i) the occupier of the land, or\n> > > \n> > > > (ii) any other person whose act caused the discharge or probable discharge, or\n> > \n> > > (f) in the case of a discharge or probable discharge of oil or a noxious liquid substance from a purpose-built pipeline in, or in connection with, a transfer operation—\n> > > \n> > > > (i) the occupier of the land on which the pipeline is situated, or\n> > > \n> > > > (ii) the person in charge of the pipeline, or\n> > > \n> > > > (iii) the owner of the pipeline, or\n> > > \n> > > > (iv) any other person whose act caused the discharge or probable discharge.\n> \n> **s 216:** Am 2021 No 8, Schs 1.1\\[87\\] \\[88\\], 1.2\\[203\\].","sortOrder":269},{"sectionNumber":"217","sectionType":"section","heading":"Recovery of loss, damage, costs or expenses","content":"#### 217 Recovery of loss, damage, costs or expenses\n\n217 Recovery of loss, damage, costs or expenses\n\n> The person may recover the amount of the loss or damage and the costs or expenses incurred as a debt in a court of competent jurisdiction from the person specified in section 216.\n> \n> **s 217:** Am 2021 No 8, Sch 1.2\\[203\\].","sortOrder":270},{"sectionNumber":"218","sectionType":"section","heading":"Joint and several liability where oil or noxious liquid substance is discharged from pipeline","content":"#### 218 Joint and several liability where oil or noxious liquid substance is discharged from pipeline\n\n218 Joint and several liability where oil or noxious liquid substance is discharged from pipeline\n\n> > The following persons are, for the purposes of this Part, jointly and severally liable if oil or a noxious liquid substance is discharged into State waters from a pipeline used in, or in connection with, a transfer operation, whether or not it is being so used—\n> > \n> > > (a) the owner of the pipeline,\n> > \n> > > (b) any lessee, licensee or user of any lease, licence or right of user for the use of the pipeline for the carriage of oil or a noxious liquid substance.\n> \n> **s 218:** Am 2021 No 8, Sch 1.2\\[204\\].","sortOrder":272},{"sectionNumber":"219","sectionType":"section","heading":"Several liability where oil or noxious liquid substance is discharged from 2 or more ships","content":"#### 219 Several liability where oil or noxious liquid substance is discharged from 2 or more ships\n\n219 Several liability where oil or noxious liquid substance is discharged from 2 or more ships\n\n> If oil or a noxious liquid substance is discharged into State waters from 2 or more ships in, or in connection with, a transfer operation, and it is not reasonably practicable to identify the oil or noxious liquid substance that has discharged from a particular ship, all of the oil or noxious liquid substance is taken, for the purposes of this Part, to have been discharged from each of those ships.\n> \n> **s 219:** Am 2021 No 8, Sch 1.2\\[205\\].","sortOrder":273},{"sectionNumber":"220","sectionType":"section","heading":"Rights of recovery not affected","content":"#### 220 Rights of recovery not affected\n\n220 Rights of recovery not affected\n\n> Except as provided by this Part, nothing in this Act affects or qualifies any rights of the Minister or of any other person to recover damages in respect of the consequences of any discharge from a ship or otherwise.\n> \n> **s 220:** Am 2021 No 8, Sch 1.2\\[206\\].","sortOrder":275},{"sectionNumber":"Part 18","sectionType":"part","heading":"Detention of ships and taking of securities","content":"# Part 18 Detention of ships and taking of securities\n\nPart 18 Detention of ships and taking of securities","sortOrder":276},{"sectionNumber":"221","sectionType":"section","heading":"Ships that are believed to have discharged marine pollutants may be detained","content":"#### 221 Ships that are believed to have discharged marine pollutants may be detained\n\n221 Ships that are believed to have discharged marine pollutants may be detained\n\n> > (1) This section applies to any of the following discharges, whether or not there would be a lawful defence or excuse to a charge for an offence relating to the discharge—\n> > \n> > > (a) a discharge of oil into State waters,\n> > \n> > > (b) a discharge of a noxious liquid substance into State waters (but only where it occurs from a ship that is subject to a chemical tanker construction certificate certifying the ship to carry noxious liquid substances in bulk),\n> > \n> > > (c) the jettisoning of a harmful substance in packaged form from a ship into State waters,\n> > \n> > > (d) a discharge of sewage from a large ship into State waters,\n> > \n> > > (e) a discharge of garbage from a ship into State waters.\n> \n> > (2) A ship in State waters may be detained by a person authorised by the Minister for the purposes of this section if the Minister has reasonable cause to believe—\n> > \n> > > (a) that a discharge to which this section applies has occurred from the ship, and\n> > \n> > > (b) that, if the Minister were to establish that the discharge had occurred from the ship, the Minister could take proceedings to recover the costs and expenses incurred by the Minister in taking action in relation to that discharge under this Act.\n> \n> **s 221:** Am 2021 No 8, Schs 1.1\\[89\\] \\[90\\], 1.2\\[207\\].","sortOrder":277},{"sectionNumber":"222","sectionType":"section","heading":"Detained ships must not depart","content":"#### 222 Detained ships must not depart\n\n222 Detained ships must not depart\n\n> > (1) The master and the owner of a ship detained under this Part that departs State waters before it is released from detention are each guilty of an offence against this section.\n> > \n> > Maximum penalty—\n> > \n> > > (a) in the case of an individual—$22,000, or\n> > \n> > > (b) in the case of a corporation—$110,000.\n> \n> > (2) A person is not guilty of an offence under this section if the person can establish that he or she was not aware that the ship had been detained.\n> \n> **s 222:** Am 2021 No 8, Sch 1.2\\[208\\].","sortOrder":278},{"sectionNumber":"223","sectionType":"section","heading":"Security may be required to be provided","content":"#### 223 Security may be required to be provided\n\n223 Security may be required to be provided\n\n> Security may be required to be provided for the payment of—\n> \n> > (a) any amount that might, in the opinion of the Minister, be recoverable by the Minister under this Act from the owner or master of a ship in relation to a discharge, and\n> \n> > (b) the maximum amount of penalties that can be imposed under this Act against the owner or master of the ship in relation to the discharge.\n> \n> **s 223:** Am 2021 No 8, Sch 1.2\\[209\\].","sortOrder":279},{"sectionNumber":"224","sectionType":"section","heading":"Detained ships must be released if security provided or no liability","content":"#### 224 Detained ships must be released if security provided or no liability\n\n224 Detained ships must be released if security provided or no liability\n\n> A ship that has been detained must be immediately released—\n> \n> > (a) if security is provided in accordance with section 223, or\n> \n> > (b) if proceedings are instituted in relation to the discharge and are discontinued, or\n> \n> > (c) if proceedings are instituted in relation to the discharge and are concluded, whether or not an appeal is pending, without any person being convicted or costs or expenses being awarded against any person, or\n> \n> > (d) if proceedings in relation to the discharge are concluded and all costs and expenses ordered to be paid and all penalties imposed have been paid, or\n> \n> > (e) if the Minister has sought to recover costs and expenses incurred by the Minister as a debt due and the amount has been paid, or\n> \n> > (f) if the Minister forms the belief that the discharge did not occur from the ship, or\n> \n> > (g) if the Minister determines for any other reason that the ship should be released.\n> \n> **s 224:** Am 2021 No 8, Sch 1.2\\[210\\].","sortOrder":280},{"sectionNumber":"225","sectionType":"section","heading":"Security taken by Minister","content":"#### 225 Security taken by Minister\n\n225 Security taken by Minister\n\n> > (1) Any security taken by the Minister under this Act must be in a form acceptable to the Minister.\n> \n> > (2) The amount available under any security taken by the Minister under this Act is to be applied only as follows—\n> > \n> > > (a) in payment of any costs or expenses that have been ordered to be paid by the master or owner of a ship in the course of proceedings for an offence in respect of the discharge or that are recoverable under this Act against the master or owner of the ship as a debt due,\n> > \n> > > (b) in payment of any penalty imposed by a court in the course of proceedings for an offence in respect of the discharge.\n> \n> **s 225:** Am 2021 No 8, Sch 1.2\\[211\\].","sortOrder":281},{"sectionNumber":"Part 19","sectionType":"part","heading":"Enforcement","content":"# Part 19 Enforcement\n\nPart 19 Enforcement","sortOrder":282},{"sectionNumber":"226","sectionType":"section","heading":"Appointment of inspectors","content":"#### 226 Appointment of inspectors\n\n226 Appointment of inspectors\n\n> The Minister may appoint any person to be an inspector for the purposes of this Act.","sortOrder":284},{"sectionNumber":"227","sectionType":"section","heading":"Identity cards for inspectors and authorised persons","content":"#### 227 Identity cards for inspectors and authorised persons\n\n227 Identity cards for inspectors and authorised persons\n\n> > (1) The Minister is required to give an identity card—\n> > \n> > > (a) to each inspector the Minister appoints, and\n> > \n> > > (b) to each person whom the Minister authorises for the purposes of a section of this Act.\n> \n> > (2) An inspector or person whom the Minister authorises for the purposes of a section of this Act is required to produce his or her identity card if requested to do so by an affected person in the course of exercising functions under this Act. This subsection does not apply to a direction given by radio or other communication device.\n> \n> > (3) A person who has been issued with an identity card must return it to the Minister, or the person who provided it, on demand.\n> > \n> > Maximum penalty (subsection (3)): $1,100.","sortOrder":285},{"sectionNumber":"228","sectionType":"section","heading":"Powers of inspectors and authorised persons","content":"#### 228 Powers of inspectors and authorised persons\n\n228 Powers of inspectors and authorised persons\n\n> > (1) The powers in this section may be exercised for the purposes of ascertaining—\n> > \n> > > (a) whether a provision of this Act that is applicable in relation to a ship has been complied with in respect of the ship, or\n> > \n> > > (b) whether there is a probability of, or has been, a discharge into State waters in contravention of this Act.\n> \n> > (2) An inspector, or other person authorised by the Minister for the purposes of this section, may do any of the following—\n> > \n> > > (a) go on board the ship with such assistants and equipment as the inspector or person considers necessary,\n> > \n> > > (b) require the master of the ship to take such steps as the inspector or person directs to facilitate the boarding,\n> > \n> > > (c) inspect and test any machinery or equipment of the ship,\n> > \n> > > (d) require the master of the ship to take such steps as the inspector or person directs to facilitate the inspection or testing of any machinery or equipment of the ship,\n> > \n> > > (e) open, or require the master of the ship to cause to be opened, any hold, bunker, tank, compartment or receptacle in or on board the ship and inspect the contents of any hold, bunker, tank, compartment or receptacle in or on board the ship,\n> > \n> > > (f) require the master of the ship to produce a record book required by this Act or the regulations, the [Marine Safety Act 1998](/view/html/inforce/current/act-1998-121) or the regulations made under that Act or the [Protection of the Sea (Prevention of Pollution from Ships) Act 1983](http://www.legislation.gov.au/) of the Commonwealth to be carried in the ship or any other books, documents or records relating to the ship or its cargo that are carried in the ship,\n> > \n> > > (g) make copies of, or take extracts from, any such books, documents or records,\n> > \n> > > (h) require the master of the ship or other person to certify that a true copy of an entry in a record book required by this Act to be carried in the ship or kept by the person, made by the inspector or person whom the Minister authorises for the purposes of a section of this Act is a true copy of such an entry,\n> > \n> > > (i) examine, and take samples of, any substances being in, on, or in the vicinity of, a ship, purpose-built pipeline or place on land in respect of which an investigation of a discharge or suspected discharge in breach of a provision of this Act is being made,\n> > \n> > > (j) require the master of the ship or the owner or occupier of the pipeline or place, or any person representing the master, owner or occupier, to certify the taking of the samples,\n> > \n> > > (k) require the testing of any apparatus in or on the ship, pipeline or place, the condition or efficiency of which is, in the opinion of the inspector or person, relevant to the probability of a discharge, a discharge or a suspected discharge into State waters in breach of a provision of this Act,\n> > \n> > > (l) require a person to answer questions.\n> \n> **s 228:** Am 2021 No 8, Schs 1.1\\[91\\], 1.2\\[212\\].","sortOrder":287},{"sectionNumber":"229","sectionType":"section","heading":"Inspectors and authorised persons may enter or inspect place on land","content":"#### 229 Inspectors and authorised persons may enter or inspect place on land\n\n229 Inspectors and authorised persons may enter or inspect place on land\n\n> For the purposes of investigating the probability of a discharge, a discharge or a suspected discharge into State waters in contravention of a provision of this Act, an inspector or other person authorised by the Minister for the purposes of section 228, may enter and inspect any place on land, other than a place being used for residential purposes.\n> \n> **s 229:** Am 2021 No 8, Sch 1.2\\[213\\].","sortOrder":288},{"sectionNumber":"230","sectionType":"section","heading":"Inspector and authorised persons must not unnecessarily delay ships","content":"#### 230 Inspector and authorised persons must not unnecessarily delay ships\n\n230 Inspector and authorised persons must not unnecessarily delay ships\n\n> An inspector or person whom the Minister authorises for the purposes of a section of this Act must not, in exercising powers under this Part, unnecessarily delay a ship from beginning a voyage.\n> \n> **s 230:** Am 2021 No 8, Sch 1.2\\[214\\].","sortOrder":289},{"sectionNumber":"231","sectionType":"section","heading":"Obstruction of inspectors and authorised persons","content":"#### 231 Obstruction of inspectors and authorised persons\n\n231 Obstruction of inspectors and authorised persons\n\n> A person must not—\n> \n> > (a) wilfully delay or obstruct an inspector or person whom the Minister authorises for the purposes of a section of this Act in the exercise of the inspector’s or authorised person’s functions under this Act, or\n> \n> > (b) fail to comply with a requirement under this Part to produce a document, record or other thing in the person’s possession, custody, or control or to answer a question.\n> \n> Maximum penalty—$22,000.\n> \n> Note.\n> \n> It is an offence under section 307B of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040) to give false or misleading information to a person exercising a power, authority or duty under, or in connection with, a law of the State.\n> \n> **s 231:** Am 2021 No 8, Sch 1.2\\[215\\].","sortOrder":290},{"sectionNumber":"232","sectionType":"section","heading":"Inspectors and certain other persons have no personal liability","content":"#### 232 Inspectors and certain other persons have no personal liability\n\n232 Inspectors and certain other persons have no personal liability\n\n> A matter or thing done or omitted to be done by an inspector, a person whom the Minister authorises for the purposes of a section of this Act or any person acting with the authority or on the direction of an inspector or the Minister does not, if the matter or thing was done or omitted in good faith for the purpose of executing this or any other Act, subject the inspector or person so acting personally to any action, liability, claim or demand.\n> \n> **s 232:** Am 2021 No 8, Sch 1.2\\[216\\].","sortOrder":291},{"sectionNumber":"Part 20","sectionType":"part","heading":"Proceedings for enforcement","content":"# Part 20 Proceedings for enforcement\n\nPart 20 Proceedings for enforcement","sortOrder":292},{"sectionNumber":"233","sectionType":"section","heading":"Time within which proceedings may be commenced","content":"#### 233 Time within which proceedings may be commenced\n\n233 Time within which proceedings may be commenced\n\n> A prosecution for an offence against this Act in the Local Court must be brought within 2 years of the alleged commission of the offence.\n> \n> **s 233:** Am 2021 No 8, Sch 1.2\\[217\\].","sortOrder":294},{"sectionNumber":"234","sectionType":"section","heading":"Proceedings for offences","content":"#### 234 Proceedings for offences\n\n234 Proceedings for offences\n\n> > (1) Proceedings for an offence against this Act or the regulations may be dealt with summarily before—\n> > \n> > > (a) the Local Court, or\n> > \n> > > (b) the Land and Environment Court in its summary jurisdiction.\n> \n> > (2) In proceedings for an offence against this Act or the regulations brought in the Local Court, the maximum penalty that the Court may impose is, notwithstanding any other provision of this Act—\n> > \n> > > (a) $55,000 or 2 years imprisonment, or both, or\n> > \n> > > (b) the maximum penalty provided by this Act or the regulations for the offence,\n> > \n> > whichever is the lesser.\n> \n> **s 234:** Am 2021 No 8, Sch 1.2\\[218\\].","sortOrder":295},{"sectionNumber":"235","sectionType":"section","heading":"Offences by corporations","content":"#### 235 Offences by corporations\n\n235 Offences by corporations\n\n> > (1) If a corporation contravenes, whether by act or omission, any provision of this Act or the regulations, each person who is a director of the corporation or who is concerned in the management of the corporation is taken to have contravened the same provision if the person knowingly authorised or permitted the contravention.\n> \n> > (2) A person may be proceeded against and convicted under a provision pursuant to subsection (1) whether or not the corporation has been proceeded against or has been convicted under the provision.\n> \n> > (3) Nothing in this section affects any liability imposed on a corporation for an offence committed by the corporation under this Act or the regulations.\n> \n> **s 235:** Am 2021 No 8, Sch 1.2\\[219\\].","sortOrder":296},{"sectionNumber":"236","sectionType":"section","heading":"Penalties are charges on ship","content":"#### 236 Penalties are charges on ship\n\n236 Penalties are charges on ship\n\n> The amount of any penalty that can be imposed under this Act against the owner or master of a ship in relation to a discharge is a charge on the ship.\n> \n> **s 236:** Am 2021 No 8, Sch 1.2\\[220\\].","sortOrder":298},{"sectionNumber":"237","sectionType":"section","heading":"Detention of ship until recovery of penalty or provision of security","content":"#### 237 Detention of ship until recovery of penalty or provision of security\n\n237 Detention of ship until recovery of penalty or provision of security\n\n> A ship may be detained by a person authorised by the Minister for the purposes of this section until the amount of any penalty that can be imposed under this Act is paid or security for the payment of the amount is provided in accordance with Part 18.\n> \n> **s 237:** Am 2021 No 8, Sch 1.2\\[221\\].","sortOrder":299},{"sectionNumber":"238","sectionType":"section","heading":"Records are admissible as evidence","content":"#### 238 Records are admissible as evidence\n\n238 Records are admissible as evidence\n\n> In any proceedings for an offence against a provision of this Act—\n> \n> > (a) any record kept in compliance with an obligation under this Act is admissible as evidence (until evidence is given to the contrary) of the facts stated in the record, and\n> \n> > (b) a copy of an entry in such a record, being a copy certified by the person by whom the record is required to be kept to be a true copy of the entry, is admissible as evidence (until evidence is given to the contrary) of the facts stated in the entry, and\n> \n> > (c) a document purporting to be a record kept in pursuance of this Act, or purporting to be a copy certified by the person by whom the record is required to be kept to be a true copy of the record, is (until evidence is given to the contrary) taken to be such a record or certified copy, as the case may be.\n> \n> **s 238:** Am 2021 No 8, Sch 1.2\\[222\\].","sortOrder":301},{"sectionNumber":"239","sectionType":"section","heading":"Proof of certain matters not required","content":"#### 239 Proof of certain matters not required\n\n239 Proof of certain matters not required\n\n> In any legal proceedings for an offence under this Act, proof is not required (until evidence is given to the contrary) of the following—\n> \n> > (a) the giving of a notice by the Minister,\n> \n> > (b) the appointment of a person as an inspector.\n> \n> **s 239:** Am 2021 No 8, Sch 1.2\\[223\\].","sortOrder":302},{"sectionNumber":"240","sectionType":"section","heading":"Evidence of analysts","content":"#### 240 Evidence of analysts\n\n240 Evidence of analysts\n\n> > (1) The Minister may, by instrument in writing, appoint appropriately qualified persons to be analysts for the purposes of this Act.\n> \n> > (2) Subject to subsection (4), a certificate of such an analyst stating that the analyst has analysed or examined a substance and stating the result of the analysis or examination is admissible (until evidence is given to the contrary) in evidence in any proceedings for an offence against a provision of this Act as evidence of the facts stated in the certificate and of the correctness of the result of the analysis or examination.\n> \n> > (3) For the purposes of this section, a document purporting to be a certificate under this section is, unless the contrary is proved, taken to be such a certificate.\n> \n> > (4) A certificate under this section must not be received in evidence in pursuance of this section unless the person charged has been given a copy of the certificate together with reasonable notice of the intention of the prosecution to produce the certificate as evidence in the proceedings.\n> \n> > (5) Where, in pursuance of this section, a certificate of an analyst is admitted in evidence, the person charged may require the analyst to be called as a witness for the prosecution and the analyst may be cross-examined as if the analyst had given evidence of the matters stated in the certificate.\n> \n> **s 240:** Am 2021 No 8, Sch 1.2\\[224\\].","sortOrder":303},{"sectionNumber":"241","sectionType":"section","heading":"No double jeopardy","content":"#### 241 No double jeopardy\n\n241 No double jeopardy\n\n> > (1) A prosecution of a person under section 16 or 17 does not affect the prosecution of the master or owner of a ship (or both of them) under section 15.\n> \n> > (2) However, a person is not liable to be convicted in respect of the same discharge of both an offence—\n> > \n> > > (a) under sections 15 and 16, or\n> > \n> > > (b) under sections 15 and 17, or\n> > \n> > > (c) under sections 16 and 17.\n> \n> > (3) A prosecution of a person under section 28 does not affect the prosecution of the master or owner of a ship (or both of them) under section 27.\n> \n> > (4) However, a person is not liable to be convicted in respect of the same discharge of both an offence under sections 27 and 28.\n> \n> > (5) A prosecution of a person under section 30 or 31 does not affect the prosecution of the master or owner of a ship (or both of them) under section 29.\n> \n> > (6) However, a person is not liable to be convicted in respect of the same discharge of both an offence—\n> > \n> > > (a) under sections 29 and 30, or\n> > \n> > > (b) under sections 29 and 31, or\n> > \n> > > (c) under sections 30 and 31.\n> \n> > (7) A prosecution of a person under section 44 does not affect the prosecution of the master or owner of a ship (or both of them) under section 43.\n> \n> > (8) However, a person is not liable to be convicted in respect of the same carriage of both an offence under sections 43 and 44.\n> \n> > (9) A prosecution of a person under section 54 or 55 does not affect the prosecution of the master or owner of a ship (or both of them) under section 53.\n> \n> > (10) However, a person is not liable to be convicted in respect of the same discharge of both an offence—\n> > \n> > > (a) under sections 53 and 54, or\n> > \n> > > (b) under sections 53 and 55, or\n> > \n> > > (c) under sections 54 and 55.\n> \n> > (11) A prosecution of a person under section 61 or 62 does not affect the prosecution of the master or owner of a ship (or both of them) under section 60.\n> \n> > (12) However, a person is not liable to be convicted in respect of the same discharge of both an offence—\n> > \n> > > (a) under sections 60 and 61, or\n> > \n> > > (b) under sections 60 and 62, or\n> > \n> > > (c) under sections 61 and 62.","sortOrder":305},{"sectionNumber":"242","sectionType":"section","heading":"Defences operate separately","content":"#### 242 Defences operate separately\n\n242 Defences operate separately\n\n> > (1) Nothing in sections 18–25 limits the generality of any other of those sections.\n> \n> > (2) Nothing in sections 32–41 limits the generality of any other of those sections.\n> \n> > (3) Nothing in sections 48 and 49 limits the generality of the other of those sections.\n> \n> > (4) Nothing in sections 56–59 limits the generality of any other of those sections.\n> \n> > (5) Nothing in sections 63–66 limits the generality of any other of those sections.","sortOrder":306},{"sectionNumber":"Part 21","sectionType":"part","heading":"Regulations and orders","content":"# Part 21 Regulations and orders\n\nPart 21 Regulations and orders","sortOrder":307},{"sectionNumber":"243","sectionType":"section","heading":"Regulations","content":"#### 243 Regulations\n\n243 Regulations\n\n> > (1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n> \n> > (2) In particular, regulations may be made for or with respect to any of the following—\n> > \n> > > (a) giving effect to MARPOL, other than provisions of MARPOL to which effect is given by a provision of this Act,\n> > \n> > > (b) empowering the Minister to make orders for and in relation to—\n> > > \n> > > > (i) giving effect to MARPOL, other than provisions of MARPOL to which effect is given by a provision of this Act, and\n> > > \n> > > > (ii) the fixing of fees to be paid in respect of any matters under the orders,\n> > \n> > > (c) preventing or regulating the pollution of State waters or other waters by vessels or by facilities used for loading, unloading, berthing or other operations of vessels,\n> > \n> > > (d) the installation and operation on vessels in particular State waters or other waters of toilet and other waste control facilities, the standards required to be met for the discharge of sewage, plans required for waste management and directions that may be given in relation to waste,\n> > \n> > > (e) the form in which records must be kept and the nature of the entries to be made in them,\n> > \n> > > (f) requiring the person keeping the records to retain them for a prescribed period and in a prescribed place,\n> > \n> > > (g) requiring the records, at the end of that period, to be transmitted to a place or person determined by or under the regulations,\n> > \n> > > (h) providing for the custody or disposal of the records after their transmission,\n> > \n> > > (i) fixing fees to be paid in respect of any matters under this Act,\n> > \n> > > (j) prescribing penalties, not exceeding $11,000, for a contravention of a provision of the regulations or of any of the orders made in pursuance of the regulations,\n> > \n> > > (k) exempting, either absolutely or subject to conditions, a prescribed ship or person, or ships or persons included in a prescribed class of ships or persons, from all or any of the provisions of this Act or of the regulations,\n> > \n> > > (l) prescribing the category or categories of vessels required to have sewage pollution prevention certificates, and the issue, survey, duration, renewal and cancellation or otherwise of the certificates.\n> \n> > (3) Regulations may apply—\n> > \n> > > (a) generally or in a particular class of case or in particular classes of case, and\n> > \n> > > (b) throughout the State and all State waters or in a part or parts of the State or State waters prescribed by the regulations.\n> \n> **s 243:** Am 2021 No 8, Schs 1.1\\[92\\] \\[93\\], 1.2\\[225\\].","sortOrder":308},{"sectionNumber":"244","sectionType":"section","heading":"Regulations may prescribe decisions that are administratively reviewable by NCAT","content":"#### 244 Regulations may prescribe decisions that are administratively reviewable by NCAT\n\n244 Regulations may prescribe decisions that are administratively reviewable by NCAT\n\n> > (1) The regulations may authorise a person to apply to the Civil and Administrative Tribunal for an administrative review under the [Administrative Decisions Review Act 1997](/view/html/inforce/current/act-1997-076) of a decision, of a class prescribed by the regulations, that is made under this Act or the regulations.\n> \n> > (2) The Minister is not to recommend the making of any such regulation unless the Minister certifies that the Minister administering the [Civil and Administrative Tribunal Act 2013](/view/html/inforce/current/act-2013-002) has agreed to the provisions concerned.\n> \n> **s 244:** Subst 2013 No 95, Sch 2.93.","sortOrder":309},{"sectionNumber":"245","sectionType":"section","heading":"Orders","content":"#### 245 Orders\n\n245 Orders\n\n> > (1) The following sections of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) apply to an order made under this Act, or in pursuance of the regulations, in the same way as they apply to a statutory rule—\n> > \n> > > (a) section 30 (Effect of amendment or repeal of Acts and statutory rules),\n> > \n> > > (b) section 39 (The making of statutory rules),\n> > \n> > > (c) section 40 (Notice of statutory rules to be tabled),\n> > \n> > > (d) section 41 (Disallowance of statutory rules).\n> \n> > (2) Unless the contrary intention appears, expressions used in orders made under this Act, or in pursuance of the regulations, have the same meanings as in this Act.\n> \n> > (3) Orders made in pursuance of the regulations are to be read subject to this Act and the regulations and so as not to exceed the power conferred by this Act and the regulations to the intent that, where such orders would, but for this subsection, have been construed as being in excess of the power conferred by this Act and the regulations, they are taken to be valid orders to the extent to which they are not in excess of the power conferred by this Act and the regulations.\n> \n> > (4) Where an order made in pursuance of the regulations is inconsistent with a provision of this Act or the regulations, the latter is to prevail and the former is, to the extent of the inconsistency, of no force or effect.\n> \n> **s 245:** Am 2021 No 8, Sch 1.2\\[226\\].","sortOrder":310},{"sectionNumber":"246","sectionType":"section","heading":"Prescribing matters by reference to other instruments","content":"#### 246 Prescribing matters by reference to other instruments\n\n246 Prescribing matters by reference to other instruments\n\n> > (1) The regulations or orders under this Act may make provision for or in relation to a matter by applying, adopting, or incorporating either wholly or in part or with modifications, any regulations, rules, codes, orders, instructions or other subordinate legislation made, determined or issued under any other Act or under any Act of the Parliament of the Commonwealth.\n> \n> > (2) The regulations made under this Act may make provision for or in relation to a matter by applying, adopting or incorporating any matter contained in the orders made in pursuance of the regulations.\n> \n> > (3) Nothing in this section affects the operation of section 42 of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015).\n> \n> **s 246:** Am 2021 No 8, Sch 1.2\\[227\\].","sortOrder":311},{"sectionNumber":"Part 22","sectionType":"part","heading":"Miscellaneous","content":"# Part 22 Miscellaneous\n\nPart 22 Miscellaneous","sortOrder":312},{"sectionNumber":"247","sectionType":"section","heading":"Delegation","content":"#### 247 Delegation\n\n247 Delegation\n\n> > (1) The Minister may delegate the exercise of any function of the Minister under this Act (other than this power of delegation) to any approved person.\n> \n> > (2) An approved person may sub-delegate to another approved person any function delegated by the Minister (other than this power of sub-delegation) if the delegate is authorised in writing to do so by the Minister.\n> \n> > (3) In this section—\n> > \n> > approved person means—\n> > \n> > > (a) (Repealed)\n> > \n> > > (b) Transport for NSW or a member of staff of the Transport Service, or\n> > \n> > > (c) the Port Authority of New South Wales or a member of staff of the Port Authority of New South Wales, or\n> > \n> > > (d) a person appointed as, or exercising functions of, a harbour master under the [Marine Safety Act 1998](/view/html/inforce/current/act-1998-121), or\n> > \n> > > (e) a member of the Government Service, or\n> > \n> > > (f) any person of a class prescribed by the regulations.\n> \n> **s 247:** Am 2016 No 55, Sch 3.19; 2020 No 30, Sch 4.40\\[2\\]; 2021 No 8, Sch 1.1\\[94\\].","sortOrder":313},{"sectionNumber":"248","sectionType":"section","heading":"Service of instruments (except in proceedings for offences)","content":"#### 248 Service of instruments (except in proceedings for offences)\n\n248 Service of instruments (except in proceedings for offences)\n\n> > (1) Any notice or other instrument issued, made or given for the purposes of this Act may be served—\n> > \n> > > (a) by delivering it personally to the person to whom it is addressed, or\n> > \n> > > (b) by delivering it to the place of residence or business of the person to whom it is addressed and by leaving it there with some person for him or her, or\n> > \n> > > (c) by posting it to the person addressed to the place last shown in the records of the Minister as his or her place of residence or business, or\n> > \n> > > (d) in any manner in which any court attendance notice or other process in any proceedings for an offence under this Act may be served, or\n> > \n> > > (e) if it is to be served on a person on board a vessel—by transmitting its contents to the master of the vessel in any manner or by any other manner authorised by this section.\n> \n> > (2) For the purposes of this section, a person’s place of residence or business includes a vessel on which the person resides or works.\n> \n> > (3) This section does not apply to the service of any court attendance notice or other process in any proceedings for an offence under this Act or to the service of any notice or other instrument for which provision is specifically made in this Act.\n> \n> **s 248:** Am 2012 No 90, Sch 2.6.","sortOrder":314},{"sectionNumber":"249","sectionType":"section","heading":"Act to bind Crown","content":"#### 249 Act to bind Crown\n\n249 Act to bind Crown\n\n> > (1) This Act binds the Crown in right of New South Wales and, in so far as the legislative power of the Parliament permits, the Crown in all its other capacities.\n> \n> > (2) Nothing in this Act renders the Commonwealth or a State or Territory of the Commonwealth liable to be prosecuted for an offence.\n> \n> > (3) Subsection (2) does not affect any liability of any servant or agent of the Commonwealth or of a State or Territory of the Commonwealth to be prosecuted for an offence.\n> \n> **s 249:** Am 2021 No 8, Sch 1.2\\[228\\].","sortOrder":315},{"sectionNumber":"250","sectionType":"section","heading":null,"content":"#### 250\n\n250 (Repealed)","sortOrder":316},{"sectionNumber":"251","sectionType":"section","heading":"Review of Act","content":"#### 251 Review of Act\n\n251 Review of Act\n\n> > (1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.\n> \n> > (2) The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.\n> \n> > (3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.","sortOrder":318},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":null,"content":"# Schedule 1\n\nSchedule 1 (Repealed)\n\n**sch 1:** Rep 1987 No 15, sec 30C.","sortOrder":319},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Savings, transitional and other provisions","content":"# Schedule 2 Savings, transitional and other provisions\n\nSchedule 2 Savings, transitional and other provisions\n\n**sch 2:** Am 2021 No 8, Sch 1.1\\[95\\] \\[96\\].","sortOrder":320}],"analysis":{"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act has expanded beyond a narrow offence-and-recording statute to include broader regulatory and operational powers. Amendments (noted in the Act margins) extend the Act to explicitly give effect to multiple MARPOL Annexes, introduce a dedicated Part for transfer operations (Part 8, ss 68–73; s 5A defines \"transfer operation\"), create new notice types and cost‑recovery mechanisms (Parts 15–17 and Part 16 Divs 2–6: ss 183, 193–205, 205–206), add detention and security powers tied to recovery of costs and penalties (ss 186–187, 208–209, 221–225), and add practical response arrangements such as an Oiled Wildlife Care Network (s 189). Those additions broaden the Act from primarily prohibiting discharges and prescribing record-keeping to a full enforcement, remediation and infrastructural regime (reception facilities, regulatory powers for Ministerial directions and fees). The Act therefore now combines preventative regulation, reactive clean-up authority, civil recovery and administrative enforcement in a single statutory framework (see ss 178–181, 184–186, 193–208, 223–237)."},"complexity_factors":["Length and structure: the Act runs to more than 240 sections organised in 22 Parts plus schedules (many Parts contain multiple Divisions and dense procedural rules).","Defined terms: a large interpretation section (s 3) with ~50 discrete defined expressions and many MARPOL-derived terms used throughout.","Heavy cross-referencing: frequent, detailed cross-references to MARPOL Annexes (I–V) and to Commonwealth Acts (e.g. Navigation Act 2012, Protection of the Sea (Civil Liability) Act 1981, Personal Property Securities Act 2009).","Multiple offence tiers and variable maxima: different penalty levels (individual v corporation, continuing penalties, and summary/indictable pathways) across Parts 3–8, 15–17, 16 and elsewhere.","Nested defences and exceptions: many statutory defences (safety, unavoidable damage, approved pollution-combatting actions) and nested exclusions for mixtures and transfer operations (e.g. ss 18–25, 32–34, 66A, 75–77).","Extensive delegated discretion: large scope for regulations and ministerial orders to fill in technical standards, exemptions and fees (ss 42, 148, 243–246).","Multiple notice types and procedural regimes: marine pollution clean-up, prevention, prohibition and removal notices, compliance cost notices, fees and timelines with separate commencement and variation rules (Part 16, ss 193–205, 202B–202C).","Enforcement complexity: powers to detain ships, take securities, recover costs as debt, charge penalties as a ship charge, and extraterritorial application (Parts 17–18, ss 221–225, 236–237).","Record-keeping and evidentiary regimes: detailed record forms, retention periods, electronic record options and admissibility presumptions (Part 11, ss 113–147, 238–240).","Transitional and repeals: several repealed sections and amendment notes (multiple amendment footnotes), making historical comparisons and interpretation more complex."],"plain_english_summary":"**What this law does (mechanics first)\n\n- Creates offences that make it illegal for ships, operators and other responsible persons to discharge oil, noxious liquids, harmful packaged substances, sewage and garbage into New South Wales (NSW) State waters (see, for example, ss 15–17, 29–31, 45–47, 53–55, 60–62).\n\n- Implements international shipping pollution rules (MARPOL) into NSW law by adopting MARPOL terms and many specific requirements as offences, defences and standards (see ss 2A, 4 and many editor’s notes pointing to MARPOL Annexes I–V).\n\n- Requires ships and certain shore facilities to carry plans, certificates and record books (for oil, cargo, garbage and sewage), to display placards and to keep and transmit records; it allows electronic record books where approved (see Parts 10 and 11 — e.g. ss 95–109, 113–121, 124–133, 135–147).\n\n- Gives the Minister and authorised officers broad powers to inspect, board, detain ships, issue a range of written or oral notices directing clean-up, prevention or removal, and to take action and recover costs if notices are not complied with (see Parts 15–16, esp. ss 183, 193–205, 221–225, 203–208).\n\n- Enables cost recovery, charging of penalties as a charge on the ship, detention of ships until security or payment is provided, and recovery of damages by private parties affected by pollution (see ss 184–187, 207–208, 216–217, 223–237).\n\n- Empowers the Minister to require reception facilities, to direct owners or occupiers to provide or maintain them, and to make regulations and orders to give effect to MARPOL and related matters (see ss 178–182, 243–246).\n\nWho the law affects\n\n- Ship owners, masters and crew — criminal and civil liability for discharges, record-keeping and plan requirements, potential detention and fines (see Parts 3–7, 10–11, 13, 18).\n- Persons operating or maintaining ships, plant, apparatus and pipelines involved in transfer operations (see Part 8, ss 68–73).\n- Occupiers and owners of land, pipeline operators and port/reception facility operators — duties to provide reception facilities, face notices and cost recovery (see ss 180–181, 68–73, 184).\n- Public authorities — can be directed to act on clean-up and can themselves act under the Act (see s 194).\n- People and businesses suffering loss or damage from pollution — rights to recover costs and damages (see ss 216–217).\n\nWhy it matters (official purpose and practical trade-offs)\n\n- Official purpose: the Act aims to \"enhance the protection of New South Wales State waters from marine pollution from vessels\" and to give effect to relevant MARPOL Annexes (s 2A). That is implemented by turning many MARPOL rules into NSW offences, creating mandatory plans/certificates/records, and establishing enforcement and remediation powers.\n\n- Who pays: compliance costs fall primarily on owners/operators (plans, certified equipment, record systems, insurance), occupiers of land and reception-facility providers (infrastructure and operational costs), and ultimately on shipping customers where compliance costs affect prices (e.g. ss 95–106, 113–125, 174, 178–181).\n\n- Who decides: the Minister has extensive discretion (approvals of plans and certificates, orders requiring reception facilities, imposition of fees and notices) and inspectors exercise on-the-spot enforcement powers (see ss 96, 101, 180, 183, 243, 226–228).\n\n- Behaviour the law changes: it raises the legal and financial stakes for avoiding discharges (large fines, detention, charges), requires proactive planning and record-keeping by ships and terminals, and creates incentives to carry insurance and to use reception facilities rather than discharge at sea (see ss 15, 174–177, 178–181, Parts 10–11).\n\n- Costs, incentives and trade-offs: converting MARPOL rules into State offences increases compliance burden (administrative and capital costs) and creates enforcement costs for the State. The Act concentrates potential enforcement benefits (cleaner waters) while imposing recurring and upfront costs on a relatively concentrated group (shipowners, terminals, pipeline operators). Penalties, detention and security create strong incentives to comply or to pre‑position insurance/security; regulatory approval and exemption powers create flexibility but also discretion.\n\n- Implementation risks and compliance burden: the Act delegates substantial detail to regulations and Ministerial orders (ss 243–246), meaning much substantive detail will be in subordinate instruments. That raises implementation risk where the practical rules are not yet transparent or uniform. Record-keeping, multilingual documentation requirements, and immediate reporting obligations (Part 9 — ss 86–93) impose ongoing administrative burdens on masters and owners.\n\n- Bureaucratic discretion and accountability: the Minister may give or vary many types of notices (including orally, s 192), approve plans and determine insurance adequacy (ss 96, 174). The regulations can also prescribe review routes (s 244) but many operational decisions sit with the Minister and authorised officers, which concentrates decision power in the executive.\n\n- Effects on private choice, competition and productivity: the Act limits some operational freedom (strict discharge prohibitions, detailed equipment and plan obligations). That can raise operating costs and may affect smaller operators disproportionately (size-based thresholds apply in many provisions — e.g. definitions of \"large ship\", prescribed ships in Parts 10–11). At the same time, harmonising State law with MARPOL reduces uncertainty for international operators by reflecting international standards (see s 4).\n\nConcrete mechanisms to watch (examples)\n\n- Immediate reporting requirement for masters on reportable incidents (s 87) with penalties for delay.\n- Broad inspector powers to board, inspect, test and sample (s 228); inspectors must not unnecessarily delay ships (s 230).\n- Minister can direct responsible persons to clean up and recover costs; if not complied with the Minister can carry out the work and recover costs or detain the ship until security is provided (ss 193–199; 203–208).\n- Record admissibility and evidentiary presumptions: records kept under the Act are admissible as evidence unless rebutted (s 238), and analyst certificates can be admitted (s 240).\n\nKey sections to consult for obligations and powers: ss 2A (object), 3–5 (definitions), Parts 3–7 (offences for specific pollutant types), Part 8 (transfer operations), Part 9 (reporting), Parts 10–11 (plans and records), Parts 15–17 (Ministerial action, notices, cost recovery), Parts 18–19 (detention, inspectors), and ss 243–246 (regulations and delegated rules)."},"summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Act has undergone at least 10 amendments since its original enactment in March 2012, suggesting its scope and regulatory reach have evolved over time. The pending Transport Legislation Amendment Act 2025 (Schedule 5.2) indicates further changes are still forthcoming. Without the full text of each version, the precise nature of scope changes cannot be fully characterised, but the frequency of amendments strongly suggests the law has been progressively expanded or refined beyond its original form."},"complexity_factors":["Multiple amendments over 14 years (10 distinct versions) creating a layered regulatory history","Interplay between NSW state law and Commonwealth maritime/environmental law frameworks","Pending uncommenced amendments adding uncertainty about current applicable rules","Technical subject matter requiring understanding of maritime operations and environmental standards","Administered by the Minister for Transport but intersects with environmental regulation portfolios","Limited substantive content visible in the provided extract — full Act text not included, limiting full complexity assessment"],"plain_english_summary":"The Marine Pollution Act 2012 (NSW) regulates discharges and dumping into NSW coastal and harbour waters to prevent and control marine pollution. It affects ship owners, operators, crews, commercial and recreational vessel users, and port authorities.\n\nBreaches (oil, sewage, garbage, other harmful substances) attract significant penalties and allow authorities to investigate, board vessels and enforce compliance. The Act has been amended several times (most recently April 2026) and further changes are pending."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"_metrics":{"completionTokens":903},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly beyond its original 2012 scope. The 2021 amendments (No 8) introduced: (1) a new Part 8 specifically regulating transfer operations (oil/chemical loading and unloading between ships and land); (2) new offences for defective sewage systems (s 55A) and no-discharge zones (s 55B); (3) a new marine pollution removal notice power for abandoned vessels (s 202A); (4) expanded garbage management requirements for platforms and recreational vessels; and (5) electronic record-keeping provisions. These changes moved the Act from primarily implementing MARPOL ship-source pollution controls to also regulating land-based infrastructure and vessel end-of-life risks."},"complexity_factors":["Extensive cross-referencing with MARPOL treaty and Commonwealth Navigation Act — definitions in s 3 and s 4 incorporate international instruments by reference","Multiple overlapping offence structures with layered liability — master/owner/crew/corporate liability in Parts 3–7 (ss 15–17, 29–31, 43–47, 53–55, 60–62)","Nested defence provisions with technical conditions — e.g., ss 18–25 (oil defences) require specific equipment standards, tonnage thresholds, and concentration limits (15 parts per million)","Complex record-keeping requirements across three separate logbook systems (oil, cargo, garbage) with retention periods, language requirements, and electronic format provisions (ss 113–147)","Detailed machinery for ship detention and security — Part 18 (ss 221–225) creates layered release conditions and priority rules interacting with Commonwealth Personal Property Securities Act","Extensive amendment history with repealed and substituted provisions — 2021 amendments (No 8) substantially restructured Parts 12 and 16, creating transitional interpretation challenges","Multiple notice types with distinct procedural requirements — clean-up, prevention, prohibition, and removal notices in Part 16 each with different triggers, defences, and fee structures (ss 193–202C)","Jurisdictional complexity — extraterritorial application (s 212), interaction with Commonwealth law (s 11, s 13), and State/Crown binding provisions (s 249)"],"plain_english_summary":"This is the **Marine Pollution Act 2012** (NSW), which protects New South Wales coastal waters from pollution caused by ships and vessels.\n\n**What it does:**\n- **Bans pollution from ships** — It makes it a serious criminal offence to discharge oil, noxious liquid substances, harmful packaged substances, sewage, or garbage into State waters from any vessel.\n- **Implements international rules** — The Act gives legal effect in NSW to **MARPOL**, the main international treaty on preventing ship pollution (covering oil, chemicals, packaged goods, sewage, and garbage).\n- **Covers land-based transfers too** — It also regulates pollution from **transfer operations** — when oil or chemicals are moved between ships and land facilities (like pipelines, terminals, and ports).\n- **Requires emergency plans and record-keeping** — Ships must carry detailed pollution emergency plans, garbage management plans, and keep logbooks (oil record books, cargo record books, garbage record books) that inspectors can check.\n- **Mandates insurance** — Ships must have adequate insurance against oil pollution damage.\n- **Creates enforcement powers** — Government inspectors can board ships, examine equipment, take samples, and detain vessels. The Minister can issue **clean-up notices**, **prevention notices**, **prohibition notices**, and **removal notices** to stop pollution or force clean-ups.\n- **Allows cost recovery** — The government and affected parties can recover clean-up costs and damages from polluters, and ships can be detained until security is provided.\n\n**Who it affects:**\n- Ship owners, masters (captains), and crew members\n- Port operators, terminal operators, and pipeline owners\n- Anyone involved in loading/unloading oil or chemicals in NSW waters\n\n**Why it matters:**\nShip pollution can devastate marine ecosystems, fisheries, tourism, and coastal communities. This Act creates a comprehensive enforcement framework to prevent spills, punish offenders, and ensure polluters pay for the damage they cause."}},"importantCases":[],"_links":{"self":"/api/acts/marine-pollution-act-2012","history":"/api/acts/marine-pollution-act-2012/history","analysis":"/api/acts/marine-pollution-act-2012/analysis","conflicts":"/api/acts/marine-pollution-act-2012/conflicts","importantCases":"/api/acts/marine-pollution-act-2012/important-cases","documents":"/api/acts/marine-pollution-act-2012/documents"}}