{"id":"nsw:sl-2024-0056","name":"Marine Pollution Regulation 2024","slug":"marine-pollution-regulation-2024","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"56 of 2024","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174145,"registerId":"nsw-sl-2024-0056-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 regulation","content":"#### 1 Name of regulation\n\n1 Name of regulation\n\n> This regulation is the [Marine Pollution Regulation 2024](/view/html/inforce/current/sl-2024-0056).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This regulation commences on 25 March 2024.\n> \n> Note—\n> \n> This regulation repeals and replaces the [Marine Pollution Regulation 2014](/view/html/repealed/current/sl-2014-0529), which would otherwise be repealed on 1 September 2024 by the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146), section 10(2).","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> The dictionary in Schedule 7 defines words used in this regulation.\n> \n> Note—\n> \n> The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this regulation.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Oil","content":"# Part 2 Oil\n\nPart 2 Oil","sortOrder":4},{"sectionNumber":"Division 1","sectionType":"division","heading":"Shipboard oil pollution emergency plans and oil spill response plans","content":"## Division 1 Shipboard oil pollution emergency plans and oil spill response plans\n\nDivision 1 Shipboard oil pollution emergency plans and oil spill response plans","sortOrder":5},{"sectionNumber":"4","sectionType":"section","heading":"Shipboard oil pollution emergency plan","content":"#### 4 Shipboard oil pollution emergency plan\n\n4 Shipboard oil pollution emergency plan\n\n> For the Act, section 97, a shipboard oil pollution emergency plan must comply with the requirements of the [Protection of the Sea (Prevention of Pollution from Ships) Act 1983](http://www.legislation.gov.au/) of the Commonwealth, section 11A(4).","sortOrder":6},{"sectionNumber":"5","sectionType":"section","heading":"Trading ships visiting Lord Howe Island must have oil spill response plan—the Act, s 243(2)(c)","content":"#### 5 Trading ships visiting Lord Howe Island must have oil spill response plan—the Act, s 243(2)(c)\n\n5 Trading ships visiting Lord Howe Island must have oil spill response plan—the Act, s 243(2)(c)\n\n> > (1) This section applies to a ship—\n> > \n> > > (a) used wholly or primarily to carry cargo, and\n> > \n> > > (b) on a voyage—\n> > > \n> > > > (i) to or from Lord Howe Island, or\n> > > \n> > > > (ii) on which Lord Howe Island is a port of call.\n> \n> > (2) The master and owner of the ship are each guilty of an offence if the following are not carried on board the ship—\n> > \n> > > (a) an oil spill response plan written in English and approved by the Minister that provides for the following—\n> > > \n> > > > (i) the equipment, materials and substances that must be carried on board the ship to respond to an oil spill,\n> > > \n> > > > (ii) the way the equipment, materials and substances must be stowed and maintained,\n> > > \n> > > > (iii) the action to be taken by the master and crew of the ship if an oil spill occurs,\n> > > \n> > > > (iv) the training that must be completed by the master and crew,\n> > \n> > > (b) the equipment, materials and substances required by the oil spill response plan.\n> > \n> > Maximum penalty—$11,000.\n> \n> > (3) The master and owner of the ship are each guilty of an offence if the master and crew of the ship have not been trained to apply the oil spill response plan.\n> > \n> > Maximum penalty—$11,000.\n> \n> > (4) (Repealed)\n> \n> > (5) An oil spill response plan may be approved by the Minister, either generally or for a specified ship.\n> \n> **s 5:** Am 2024 (604), Sch 1\\[1\\]–\\[4\\].","sortOrder":7},{"sectionNumber":"Division 2","sectionType":"division","heading":"Oil record books","content":"## Division 2 Oil record books\n\nDivision 2 Oil record books","sortOrder":8},{"sectionNumber":"6","sectionType":"section","heading":"Oil record books","content":"#### 6 Oil record books\n\n6 Oil record books\n\n> > (1) For the Act, section 114(1)—\n> > \n> > > (a) a ship mentioned in the [Protection of the Sea (Prevention of Pollution from Ships) Act 1983](http://www.legislation.gov.au/) of the Commonwealth, section 12(1)(a) must carry oil record books consisting of the form set out in MARPOL, Annex I, Appendix III, Parts I and II, and\n> > \n> > > (b) a ship mentioned in of the [Protection of the Sea (Prevention of Pollution from Ships) Act 1983](http://www.legislation.gov.au/) of the Commonwealth, section 12(1)(b) must carry oil record books consisting of the form set out in MARPOL, Annex I, Appendix III, Part I.\n> \n> > (2) A time stated in an oil record book must be expressed—\n> > \n> > > (a) in Co-ordinated universal time, or\n> > \n> > > (b) if the conversion to Co-ordinated universal time can not readily be made—in ship’s time.\n> \n> Note—\n> \n> See [Marine Order 91 (Marine pollution prevention — oil) 2014](http://www.legislation.gov.au/) of the Commonwealth, section 30.\n> \n> **s 6:** Am 2024 (604), Sch 1\\[5\\].","sortOrder":9},{"sectionNumber":"7","sectionType":"section","heading":"Prescribed operations or occurrences","content":"#### 7 Prescribed operations or occurrences\n\n7 Prescribed operations or occurrences\n\n> For the Act, section 117(1), each of the following is a prescribed occurrence—\n> \n> > (a) discharging oil or an oily mixture from a ship into the sea to secure the safety of the ship or to save life at sea,\n> \n> > (b) discharging oil or an oily mixture into the sea because of damage to the ship or its equipment,\n> \n> > (c) discharging substances containing oil into the sea to deal with a specific pollution incident,\n> \n> > (d) failure of the ship’s oil discharge monitoring control system,\n> \n> > (e) failure of the ship’s oil filtering equipment,\n> \n> > (f) accidental or other exceptional discharge of oil not mentioned in paragraphs (a)–(c).\n> \n> Note—\n> \n> See [Marine Order 91 (Marine pollution prevention — oil) 2014](http://www.legislation.gov.au/) of the Commonwealth, section 31.","sortOrder":10},{"sectionNumber":"Division 3","sectionType":"division","heading":"Insurance","content":"## Division 3 Insurance\n\nDivision 3 Insurance","sortOrder":11},{"sectionNumber":"8","sectionType":"section","heading":"Application of the Act, Part 13 to special recreational vessels","content":"#### 8 Application of the Act, Part 13 to special recreational vessels\n\n8 Application of the Act, Part 13 to special recreational vessels\n\n> > (1) For the Act, section 173(a), it is declared that the Act, Part 13 applies to a special recreational vessel.\n> \n> > (2) This section has effect from 1 July 2025.\n> \n> > (3) In this section—\n> > \n> > special recreational vessel has the same meaning as in the [Special Recreational Vessels Act 2019](http://www.legislation.gov.au/) of the Commonwealth.\n> \n> **s 8:** Am 2024 (604), Sch 1\\[6\\] \\[7\\].","sortOrder":12},{"sectionNumber":"Part 3","sectionType":"part","heading":"Noxious liquid substances","content":"# Part 3 Noxious liquid substances\n\nPart 3 Noxious liquid substances","sortOrder":13},{"sectionNumber":"9","sectionType":"section","heading":"Convention requirements—the Act, s 243(2)(a)","content":"#### 9 Convention requirements—the Act, s 243(2)(a)\n\n9 Convention requirements—the Act, s 243(2)(a)\n\n> The following provisions of MARPOL, Annex II have effect for a vessel to which the Act, Part 4 applies—\n> \n> > (a) regulation 12,\n> \n> > (b) regulation 13, paragraph 3,\n> \n> > (c) regulation 16.\n> \n> Note 1—\n> \n> For regulation 12, paragraph 5, AMSA has approved the procedure for testing the efficiency of a cargo pumping system mentioned in Annex II, Appendix V.\n> \n> Note 2—\n> \n> For regulation 13, paragraph 3, AMSA has approved the ventilation procedures mentioned in Annex II, Appendix VII.\n> \n> Note 3—\n> \n> For regulation 16, AMSA has approved prewash procedures mentioned in Annex II, Appendix VI.\n> \n> Note 4—\n> \n> See [Marine Order 93 (Marine pollution prevention — noxious liquid substances) 2014](http://www.legislation.gov.au/) of the Commonwealth, section 10.","sortOrder":14},{"sectionNumber":"10","sectionType":"section","heading":"Washing of tank","content":"#### 10 Washing of tank\n\n10 Washing of tank\n\n> The master of a ship must ensure that a tank from which a noxious liquid substance has been unloaded is washed in accordance with the provisions of MARPOL, Annex II applying to the tank.\n> \n> Maximum penalty—$2,200.","sortOrder":15},{"sectionNumber":"11","sectionType":"section","heading":"Shipboard marine pollution emergency plan","content":"#### 11 Shipboard marine pollution emergency plan\n\n11 Shipboard marine pollution emergency plan\n\n> For the Act, section 102, a shipboard marine pollution emergency plan must comply with the requirements of the [Protection of the Sea (Prevention of Pollution from Ships) Act 1983](http://www.legislation.gov.au/) of the Commonwealth, section 22A(3).\n> \n> Note—\n> \n> See [Marine Order 93 (Marine pollution prevention — noxious liquid substances) 2014](http://www.legislation.gov.au/) of the Commonwealth, section 23.","sortOrder":16},{"sectionNumber":"12","sectionType":"section","heading":"Cargo record book","content":"#### 12 Cargo record book\n\n12 Cargo record book\n\n> > (1) For the Act, section 125(1), the prescribed matters that must be kept in a cargo record book are the matters set out in MARPOL, Annex II, Appendix II.\n> \n> > (2) A time stated in a cargo record book must be expressed—\n> > \n> > > (a) in Co-ordinated universal time, or\n> > \n> > > (b) if the conversion to Co-ordinated universal time can not readily be made—in ship’s time.\n> \n> Note—\n> \n> See [Marine Order 93 (Marine pollution prevention — noxious liquid substances) 2014](http://www.legislation.gov.au/) of the Commonwealth, section 24.\n> \n> **s 12:** Am 2024 No 47, Sch 2.10.","sortOrder":17},{"sectionNumber":"13","sectionType":"section","heading":"Prescribed operations or occurrences","content":"#### 13 Prescribed operations or occurrences\n\n13 Prescribed operations or occurrences\n\n> For the Act, section 117(1), each of the following is a prescribed occurrence—\n> \n> > (a) discharging a noxious liquid substance from a ship into the sea to secure the safety of the ship or to save life at sea,\n> \n> > (b) discharging noxious liquid substance into the sea because of damage to the ship or its equipment,\n> \n> > (c) discharging noxious liquid substance into the sea to deal with a specific pollution incident,\n> \n> > (d) an operation required to be recorded in the ship’s cargo book by MARPOL, Annex II, Appendix II.\n> \n> Note—\n> \n> See [Marine Order 93 (Marine pollution prevention — noxious liquid substances) 2014](http://www.legislation.gov.au/) of the Commonwealth, section 25.","sortOrder":18},{"sectionNumber":"14","sectionType":"section","heading":"Meaning of “the Administration”","content":"#### 14 Meaning of “the Administration”\n\n14 Meaning of “the Administration”\n\n> > (1) For MARPOL, Annex II, regulation 4, paragraphs 2 and 4, AMSA is the Administration.\n> \n> > (2) For MARPOL, Annex II, regulation 12, paragraph 5, each recognised organisation is the Administration.\n> \n> > (3) In this section—\n> > \n> > recognised organisation has the same meaning as in [Marine Order 1 (Administration) 2013](http://www.legislation.gov.au/) of the Commonwealth.","sortOrder":19},{"sectionNumber":"Part 4","sectionType":"part","heading":"Packaged harmful substances","content":"# Part 4 Packaged harmful substances\n\nPart 4 Packaged harmful substances","sortOrder":20},{"sectionNumber":"15","sectionType":"section","heading":"Convention requirements—the Act, s 243(2)(a)","content":"#### 15 Convention requirements—the Act, s 243(2)(a)\n\n15 Convention requirements—the Act, s 243(2)(a)\n\n> > (1) If a vessel has on board harmful substances in packaged form, the owner of the vessel must comply with MARPOL, Annex III, regulations 3–6.\n> \n> > (2) For MARPOL, Annex III, regulation 5, paragraphs 1 and 2, AMSA is the designated organisation.\n> \n> > (3) A copy of the special list, manifest or stowage plan mentioned in MARPOL, Annex III, regulation 5, paragraph 2 must be given before departure to AMSA at the AMSA office at or nearest to the port of loading.\n> \n> > (4) In this section—\n> > \n> > packaged form has the same meaning as in MARPOL, Annex III, regulation 1.\n> \n> Note 1—\n> \n> MARPOL, Annex III, regulations 3 and 6 set out requirements for the packing and stowage of packaged harmful substances. MARPOL, Annex III, regulations 4 and 5 mention requirements for the transport of packaged harmful substances including the need to comply with the International Maritime Dangerous Goods Code (the IMDG Code) for marking and labelling and the preparation of a special list, manifest or stowage plan.\n> \n> The IMDG Code as currently in force is available from the IMO website at http://www.imo.org. The IMO resolution that adopts or amends the IMDG Code is listed on AMSA’s website.\n> \n> Note 2—\n> \n> See [Marine Order 94 (Marine pollution prevention — packaged harmful substances) 2014](http://www.legislation.gov.au/) of the Commonwealth, section 8.","sortOrder":21},{"sectionNumber":"16","sectionType":"section","heading":"Washing substances overboard","content":"#### 16 Washing substances overboard\n\n16 Washing substances overboard\n\n> For the Act, section 49, a harmful substance may be washed overboard only if the master—\n> \n> > (a) has considered the physical, chemical and biological properties of the substance, and\n> \n> > (b) reasonably considers washing the substance overboard is the most appropriate method of disposal, and\n> \n> > (c) has authorised washing the substance overboard.\n> \n> Note—\n> \n> See [Marine Order 94 (Marine pollution prevention — packaged harmful substances) 2014](http://www.legislation.gov.au/) of the Commonwealth, section 9.","sortOrder":22},{"sectionNumber":"Part 5","sectionType":"part","heading":"Sewage and greywater","content":"# Part 5 Sewage and greywater\n\nPart 5 Sewage and greywater","sortOrder":23},{"sectionNumber":"17","sectionType":"section","heading":"Definitions","content":"#### 17 Definitions\n\n17 Definitions\n\n> In this part—\n> \n> 2012 Guidelines means the 2012 Guidelines on implementation of effluent standards and performance tests for sewage treatment plants adopted by IMO Resolution MEPC.227(64), as in force from time to time.\n> \n> aquaculture has the same meaning as in the [Fisheries Management Act 1994](/view/html/inforce/current/act-1994-038).\n> \n> waste collection facility means a facility designed and constructed to receive the contents of a holding tank, a portable toilet or a greywater tank.","sortOrder":25},{"sectionNumber":"18","sectionType":"section","heading":"Directions by authorised officers—the Act, s 243(2)(c)","content":"#### 18 Directions by authorised officers—the Act, s 243(2)(c)\n\n18 Directions by authorised officers—the Act, s 243(2)(c)\n\n> > (1) An authorised officer may direct the owner or master of a vessel from which a relevant discharge is occurring to do 1 or more of the following—\n> > \n> > > (a) take specified action to ensure there is no further relevant discharge from the vessel,\n> > \n> > > (b) return the vessel to its mooring,\n> > \n> > > (c) if the vessel is a commercial vessel—stop commercial operations until—\n> > > \n> > > > (i) action specified under paragraph (a) has been taken, and\n> > > \n> > > > (ii) an authorised officer has inspected the vessel and given written approval for the vessel to resume commercial operation.\n> \n> > (2) A direction referred to in subsection (1)(b) or (c) may not be given unless the authorised officer considers the direction is necessary to prevent a further relevant discharge from the vessel.\n> \n> > (3) A person must comply with a direction under this section.\n> > \n> > Maximum penalty—$11,000.\n> \n> > (4) In this section—\n> > \n> > relevant discharge means the following—\n> > \n> > > (a) a discharge of sewage in contravention of Division 2, and\n> > \n> > > (b) a discharge of greywater in contravention of Division 5.","sortOrder":26},{"sectionNumber":"pt.5-div.2-sdiv.1","sectionType":"division","heading":"Discharge","content":"### pt.5-div.2-sdiv.1 Discharge\n\nSubdivision 1 Discharge","sortOrder":28},{"sectionNumber":"19","sectionType":"section","heading":"Application of subdivision—the Act, s 243(2)(k)","content":"#### 19 Application of subdivision—the Act, s 243(2)(k)\n\n19 Application of subdivision—the Act, s 243(2)(k)\n\n> This subdivision does not apply to large ships.","sortOrder":29},{"sectionNumber":"20","sectionType":"section","heading":"Offence—discharge of sewage from vessel—the Act, s 53(3)","content":"#### 20 Offence—discharge of sewage from vessel—the Act, s 53(3)\n\n20 Offence—discharge of sewage from vessel—the Act, s 53(3)\n\n> > (1) The following persons are each guilty of an offence if untreated sewage is discharged from a vessel into State waters—\n> > \n> > > (a) the person who discharged the sewage,\n> > \n> > > (b) the owner of the vessel,\n> > \n> > > (c) the master of the vessel.\n> > \n> > Maximum penalty—$11,000.\n> \n> > (2) Untreated sewage may be discharged—\n> > \n> > > (a) into a waste collection facility, or\n> > \n> > > (b) in accordance with an environment protection licence.\n> \n> > (3) It is a defence to prosecution for an offence under subsection (1)(b) and (c) if the defendant shows all reasonable precautions were taken to prevent the discharge.","sortOrder":30},{"sectionNumber":"21","sectionType":"section","heading":"Offence—discharging treated sewage in no discharge zones","content":"#### 21 Offence—discharging treated sewage in no discharge zones\n\n21 Offence—discharging treated sewage in no discharge zones\n\n> > (1) For the Act, section 55B(1), the following are prescribed as no discharge zones—\n> > \n> > > (a) all inland waters,\n> > \n> > > (b) all intermittent closing and opening lagoons,\n> > \n> > > (c) waters in, or within 500m of, the following—\n> > > \n> > > > (i) an area used for aquaculture,\n> > > \n> > > > (ii) an area normally used for swimming,\n> > > \n> > > > (iii) a marina,\n> > > \n> > > > (iv) a marine park within the meaning of the [Marine Estate Management Act 2014](/view/html/inforce/current/act-2014-072),\n> > > \n> > > > (v) an aquatic reserve within the meaning of the [Marine Estate Management Act 2014](/view/html/inforce/current/act-2014-072),\n> > \n> > > (d) waters within 500m of the following—\n> > > \n> > > > (i) a beach,\n> > > \n> > > > (ii) a moored or anchored vessel,\n> > > \n> > > > (iii) a person in the water.\n> \n> > (2) For the Act, section 55B(2), definition of relevant vessel, ships are prescribed.\n> \n> > (3) The following persons are each guilty of an offence if treated sewage is discharged from a relevant vessel into a no discharge zone—\n> > \n> > > (a) the person who discharged the sewage,\n> > \n> > > (b) the owner of the vessel,\n> > \n> > > (c) the master of the vessel.\n> > \n> > Maximum penalty—$11,000.\n> \n> > (4) It is a defence to prosecution for an offence under subsection (3) if the defendant shows all reasonable precautions were taken to prevent the discharge.\n> \n> > (5) Subsection (3) does not apply to a discharge authorised by an environment protection licence.\n> \n> > (6) In this section—\n> > \n> > inland waters means waters not subject to tidal influence.\n> > \n> > marina has the same meaning as in the standard instrument set out in the [Standard Instrument (Local Environmental Plans) Order 2006](/view/html/inforce/current/epi-2006-0155).","sortOrder":31},{"sectionNumber":"pt.5-div.2-sdiv.2","sectionType":"division","heading":"Sewage systems","content":"### pt.5-div.2-sdiv.2 Sewage systems\n\nSubdivision 2 Sewage systems","sortOrder":32},{"sectionNumber":"22","sectionType":"section","heading":"Sewage treatment plants","content":"#### 22 Sewage treatment plants\n\n22 Sewage treatment plants\n\n> For the Act, section 55A(2), definition of sewage system, the prescribed requirements for a sewage treatment plant are the requirements set out in Schedule 5, section 4.","sortOrder":33},{"sectionNumber":"23","sectionType":"section","heading":"Sewage systems—the Act, s 243(2)(a)","content":"#### 23 Sewage systems—the Act, s 243(2)(a)\n\n23 Sewage systems—the Act, s 243(2)(a)\n\n> > (1) This section applies to a vessel to which—\n> > \n> > > (a) MARPOL, Annex IV applies, and\n> > \n> > > (b) the 2012 Guidelines, section 4.2 does not apply.\n> \n> > (2) A vessel to which this section applies must be equipped with—\n> > \n> > > (a) a sewage treatment plant that—\n> > > \n> > > > (i) has been tested and certified as required by Schedule 5, section 4, and\n> > > \n> > > > (ii) complies with—\n> > > > \n> > > > > (A) MARPOL, Annex IV, regulation 9, and\n> > > > \n> > > > > (B) for a system installed on a vessel after 31 December 2015—IMO Resolution MEPC.227(64), other than the requirements of the 2012 Guidelines, section 4.2, and\n> > > > \n> > > > > (C) for a system installed on a vessel after 31 December 2009 and before 1 January 2016—IMO Resolution MEPC.159(55), and\n> > > > \n> > > > > (D) for a system installed on a vessel before 1 January 2010—IMO Resolution MEPC.2(VI), or\n> > \n> > > (b) a sewage comminuting and disinfecting system complying with MARPOL, Annex IV, regulation 9, or\n> > \n> > > (c) a holding tank complying with MARPOL, Annex IV, regulation 9.\n> \n> > (3) A vessel to which this section applies must have a standard discharge connection complying with MARPOL, Annex IV, regulation 10.\n> \n> > (4) For a passenger vessel, the vessel’s discharge pipeline may be fitted with a discharge connection approved by AMSA, for example, a quick-connection coupling.\n> \n> Note—\n> \n> This section gives effect to MARPOL, Annex IV, regulations 9 and 10. See also [Marine Order 96 (Marine pollution prevention — sewage) 2018](http://www.legislation.gov.au/) of the Commonwealth, sections 7 and 9.","sortOrder":34},{"sectionNumber":"24","sectionType":"section","heading":"Defective, altered or modified sewage systems—the Act, s 243(2)(c)","content":"#### 24 Defective, altered or modified sewage systems—the Act, s 243(2)(c)\n\n24 Defective, altered or modified sewage systems—the Act, s 243(2)(c)\n\n> > (1) This section applies to the following vessels, other than large ships—\n> > \n> > > (a) domestic commercial vessels,\n> > \n> > > (b) recreational vessels.\n> \n> > (2) The master and owner of a vessel are each guilty of an offence if a sewage system, or part of the sewage system, on the vessel—\n> > \n> > > (a) is defective, or\n> > \n> > > (b) has been altered or modified in a way that enables the discharge of sewage into State waters.\n> > \n> > Maximum penalty—\n> > \n> > > (a) for an individual—$2,200, or\n> > \n> > > (b) otherwise—$11,000.\n> \n> > (3) In this section—\n> > \n> > domestic commercial vessel means a commercial vessel required to be registered under the National Law.\n> > \n> > National Law has the same meaning as in the [Marine Safety Act 1998](/view/html/inforce/current/act-1998-121).","sortOrder":35},{"sectionNumber":"25","sectionType":"section","heading":"Sewage standards—the Act, s 243(2)(d)","content":"#### 25 Sewage standards—the Act, s 243(2)(d)\n\n25 Sewage standards—the Act, s 243(2)(d)\n\n> The owner of a vessel operating in State waters must ensure the vessel complies with all NSW sewage standards applying to the vessel.\n> \n> Maximum penalty—$11,000.","sortOrder":36},{"sectionNumber":"26","sectionType":"section","heading":"Prescribed ships","content":"#### 26 Prescribed ships\n\n26 Prescribed ships\n\n> > (1) For the Act, section 152, definition of prescribed ship, paragraph (c), the following ships with sewage systems and operating in State waters are prescribed—\n> > \n> > > (a) a Class 1 vessel,\n> > \n> > > (b) a Class 2 vessel,\n> > \n> > > (c) a Class 3 vessel,\n> > \n> > > (d) a Class 4 vessel that provides overnight accommodation for passengers.\n> \n> > (2) This section has effect as follows—\n> > \n> > > (a) for subsection (1)(a)—from 1 July 2025,\n> > \n> > > (b) for subsections (1)(b) and (c)—from 1 July 2027,\n> > \n> > > (c) for subsection (1)(d)—from 1 July 2026.","sortOrder":38},{"sectionNumber":"27","sectionType":"section","heading":"Exemptions—the Act, s 243(2)(k)","content":"#### 27 Exemptions—the Act, s 243(2)(k)\n\n27 Exemptions—the Act, s 243(2)(k)\n\n> This part does not apply to a vessel—\n> \n> > (a) with a home port in another State or Territory, and\n> \n> > (b) that operates in State waters for no more than 30 days in a 90 day period.","sortOrder":39},{"sectionNumber":"28","sectionType":"section","heading":"Application for sewage pollution prevention certificate","content":"#### 28 Application for sewage pollution prevention certificate\n\n28 Application for sewage pollution prevention certificate\n\n> > (1) The master or owner of a prescribed ship may apply to the Minister for a sewage pollution prevention certificate.\n> \n> > (2) An application must be—\n> > \n> > > (a) made in the form approved by the Minister, and\n> > \n> > > (b) accompanied by—\n> > > \n> > > > (i) a declaration of compliance, and\n> > > \n> > > > (ii) the application fee set out for this section in Schedule 4, section 2.\n> \n> > (3) In this section—\n> > \n> > compliance authority means the following—\n> > \n> > > (a) TfNSW,\n> > \n> > > (b) a person approved in writing by the Minister for this section.\n> > \n> > declaration of compliance means a declaration given by a compliance authority certifying—\n> > \n> > > (a) the vessel has been inspected by the compliance authority, and\n> > \n> > > (b) the vessel’s sewage system complies with the NSW sewage standards.","sortOrder":40},{"sectionNumber":"29","sectionType":"section","heading":"Issue of sewage pollution prevention certificate","content":"#### 29 Issue of sewage pollution prevention certificate\n\n29 Issue of sewage pollution prevention certificate\n\n> > (1) On receipt of an application for a sewage pollution prevention certificate, the Minister may—\n> > \n> > > (a) issue a certificate with or without conditions, or\n> > \n> > > (b) refuse to issue a certificate.\n> \n> > (2) A certificate must be issued in the form and in the way determined by the Minister.\n> \n> > (3) A certificate is in force for 5 years from the date of issue unless cancelled.","sortOrder":41},{"sectionNumber":"30","sectionType":"section","heading":"Replacement of sewage pollution prevention certificate","content":"#### 30 Replacement of sewage pollution prevention certificate\n\n30 Replacement of sewage pollution prevention certificate\n\n> > (1) The master or owner of a prescribed ship may apply to the Minister for the replacement of a sewage pollution prevention certificate.\n> \n> > (2) An application must be—\n> > \n> > > (a) made in the form approved by the Minister, and\n> > \n> > > (b) accompanied by the fee set out for this section in Schedule 4, section 2.","sortOrder":42},{"sectionNumber":"31","sectionType":"section","heading":"Cancellation of sewage pollution prevention certificate","content":"#### 31 Cancellation of sewage pollution prevention certificate\n\n31 Cancellation of sewage pollution prevention certificate\n\n> > (1) A sewage pollution prevention certificate may be cancelled by the Minister on the following grounds—\n> > \n> > > (a) the certificate was issued on the basis of incorrect or incomplete information, or\n> > \n> > > (b) the vessel’s sewage system ceases to comply with the NSW sewage standards.\n> \n> > (2) the Minister must give the owner of a vessel written notice of the cancellation of a certificate issued for the vessel.","sortOrder":43},{"sectionNumber":"32","sectionType":"section","heading":"Sewage pollution prevention certificates—transitional matters","content":"#### 32 Sewage pollution prevention certificates—transitional matters\n\n32 Sewage pollution prevention certificates—transitional matters\n\n> > (1) The following actions may be taken for a ship before the date on which a ship becomes a prescribed ship in accordance with section 26—\n> > \n> > > (a) the master or owner of the ship may apply under section 28 for a sewage pollution prevention certificate,\n> > \n> > > (b) a sewage pollution prevention certificate may be issued under section 29.\n> \n> > (2) A sewage pollution prevention certificate issued for a ship before the ship becomes a prescribed ship does not have effect until the date on which the ship becomes a prescribed ship in accordance with section 26.","sortOrder":44},{"sectionNumber":"Division 4","sectionType":"division","heading":"Notification of accident, defect or proposed modification—the Act, s 148","content":"## Division 4 Notification of accident, defect or proposed modification—the Act, s 148\n\nDivision 4 Notification of accident, defect or proposed modification—the Act, s 148","sortOrder":45},{"sectionNumber":"33","sectionType":"section","heading":"Application of division","content":"#### 33 Application of division\n\n33 Application of division\n\n> This division applies to a ship for which a sewage pollution prevention certificate is in force.","sortOrder":46},{"sectionNumber":"34","sectionType":"section","heading":"Notification of accidents","content":"#### 34 Notification of accidents\n\n34 Notification of accidents\n\n> The master and owner of a ship involved in an accident that substantially affects the integrity or operation of the sewage system on the ship must ensure that TfNSW is notified of the accident—\n> \n> > (a) in writing, and\n> \n> > (b) within 24 hours after the accident.\n> \n> Maximum penalty—\n> \n> > (a) for an individual—$1,100, or\n> \n> > (b) otherwise—$5,500.","sortOrder":47},{"sectionNumber":"35","sectionType":"section","heading":"Notification of defects","content":"#### 35 Notification of defects\n\n35 Notification of defects\n\n> The master and owner of a ship with a defect that substantially affects the integrity or operation of the sewage system on the ship must ensure that TfNSW is notified of the defect—\n> \n> > (a) in writing, and\n> \n> > (b) within 24 hours after the defect is discovered.\n> \n> Maximum penalty—\n> \n> > (a) for an individual—$1,100, or\n> \n> > (b) otherwise—$5,500.","sortOrder":48},{"sectionNumber":"36","sectionType":"section","heading":"Notification of modifications","content":"#### 36 Notification of modifications\n\n36 Notification of modifications\n\n> The master and owner of a ship must ensure that a modification of the sewage system on the ship does not occur unless—\n> \n> > (a) written notice of the proposed modification has been given to TfNSW, and\n> \n> > (b) TfNSW has approved the modification in writing.\n> \n> Maximum penalty—\n> \n> > (a) for an individual—$2,200, or\n> \n> > (b) otherwise—$11,000.","sortOrder":49},{"sectionNumber":"37","sectionType":"section","heading":"Directions to undergo inspection or survey","content":"#### 37 Directions to undergo inspection or survey\n\n37 Directions to undergo inspection or survey\n\n> > (1) Following a notification under this division, TfNSW—\n> > \n> > > (a) may investigate the ship to determine if an inspection or survey of the ship is required, and\n> > \n> > > (b) following the investigation by TfNSW—may direct the owner of the ship to have the ship inspected or surveyed.\n> \n> > (2) An owner who is given the direction must have the ship and its equipment, systems and fittings inspected or surveyed for the purpose of ensuring compliance with the sewage standards.\n> > \n> > Maximum penalty—\n> > \n> > > (a) for an individual—$2,200, or\n> > \n> > > (b) otherwise—$11,000.","sortOrder":50},{"sectionNumber":"38","sectionType":"section","heading":"Investigation fee","content":"#### 38 Investigation fee\n\n38 Investigation fee\n\n> > (1) TfNSW may require the owner of a ship to pay the investigation fee set out in Schedule 4, section 2 for each hour spent investigating the ship under section 37(1).\n> \n> > (2) A fee required to be paid under this section is recoverable by TfNSW in a court of competent jurisdiction.","sortOrder":51},{"sectionNumber":"Division 5","sectionType":"division","heading":"Greywater","content":"## Division 5 Greywater\n\nDivision 5 Greywater","sortOrder":52},{"sectionNumber":"39","sectionType":"section","heading":"Application—the Act, s 243(2)(k)","content":"#### 39 Application—the Act, s 243(2)(k)\n\n39 Application—the Act, s 243(2)(k)\n\n> > (1) This division and Schedule 6 apply to the following commercial vessels—\n> > \n> > > (a) a Class 1 vessel or a Class 4 vessel for which hull construction for the vessel commenced after 31 December 2004,\n> > \n> > > (b) a vessel used on the Murray River or in Sydney Harbour if—\n> > > \n> > > > (i) hull construction for the vessel commenced after 31 December 2004, or\n> > > \n> > > > (ii) a greywater tank was installed in the vessel after 31 December 2004.\n> \n> > (2) In this section—\n> > \n> > Murray River includes—\n> > \n> > > (a) the waters of the part of the Darling River and its tributaries from the junction of that river with the Murray River upstream approximately 42km to the overhead crossing at Avoca, and\n> > \n> > > (b) the waters of the anabranches of the Murray River, and\n> > \n> > > (c) the backed up waters of all dams and other impoundments on the Murray River from the South Australian border upstream to the source of the Murray River.\n> > \n> > Sydney Harbour means the waters of Sydney Harbour, including the waters of all tidal bays, rivers and their tributaries connected or leading to the harbour bounded by the mean high water mark and lying to the west of a line commencing at the southernmost point of North Head and running to the northernmost point of South Head.","sortOrder":53},{"sectionNumber":"40","sectionType":"section","heading":"Offence—discharge of greywater from vessel—the Act, s 243(2)(d)","content":"#### 40 Offence—discharge of greywater from vessel—the Act, s 243(2)(d)\n\n40 Offence—discharge of greywater from vessel—the Act, s 243(2)(d)\n\n> > (1) The following persons are each guilty of an offence if greywater is discharged from a vessel into State waters—\n> > \n> > > (a) the person who discharged the greywater,\n> > \n> > > (b) the owner of the vessel,\n> > \n> > > (c) the master of the vessel.\n> > \n> > Maximum penalty—$11,000.\n> \n> > (2) Greywater may be discharged—\n> > \n> > > (a) into a waste collection facility, or\n> > \n> > > (b) in accordance with an environment protection licence.\n> \n> > (3) It is a defence to prosecution for an offence under subsection (1)(b) and (c) if the defendant shows all reasonable precautions were taken to prevent the discharge.","sortOrder":54},{"sectionNumber":"41","sectionType":"section","heading":"Installation of greywater tanks—the Act, s 243(2)(d)","content":"#### 41 Installation of greywater tanks—the Act, s 243(2)(d)\n\n41 Installation of greywater tanks—the Act, s 243(2)(d)\n\n> The owner of a vessel operating in State waters must ensure a greywater tank is installed and maintained on the vessel as required by Schedule 6.\n> \n> Maximum penalty—$11,000.","sortOrder":55},{"sectionNumber":"Part 6","sectionType":"part","heading":"Garbage","content":"# Part 6 Garbage\n\nPart 6 Garbage","sortOrder":56},{"sectionNumber":"42","sectionType":"section","heading":"Garbage record book","content":"#### 42 Garbage record book\n\n42 Garbage record book\n\n> > (1) For the Act, section 138(1), the prescribed matters that must be kept in a garbage record book are the matters set out in MARPOL, Annex V, Appendix II.\n> \n> > (2) For the Act, section 141, each operation or occurrence mentioned in MARPOL, Annex V, Appendix II, section 4 is prescribed.\n> \n> > (3) A time stated in a garbage record book must be expressed—\n> > \n> > > (a) in Co-ordinated universal time, or\n> > \n> > > (b) if the conversion to Co-ordinated universal time can not readily be made—in ship’s time.\n> \n> Note—\n> \n> See [Marine Order 95 (Marine pollution prevention — garbage) 2018](http://www.legislation.gov.au/) of the Commonwealth, section 10.","sortOrder":57},{"sectionNumber":"43","sectionType":"section","heading":"Garbage management plan","content":"#### 43 Garbage management plan\n\n43 Garbage management plan\n\n> For the Act, section 108(1), a garbage management plan must comply with the requirements of the [Protection of the Sea (Prevention of Pollution from Ships) Act 1983](http://www.legislation.gov.au/) of the Commonwealth, section 26FC(3).\n> \n> Note—\n> \n> See [Marine Order 95 (Marine pollution prevention — garbage) 2018](http://www.legislation.gov.au/) of the Commonwealth, section 12.","sortOrder":58},{"sectionNumber":"Part 7","sectionType":"part","heading":"Reporting","content":"# Part 7 Reporting\n\nPart 7 Reporting","sortOrder":59},{"sectionNumber":"44","sectionType":"section","heading":"Definitions","content":"#### 44 Definitions\n\n44 Definitions\n\n> > (1) In this part—\n> > \n> > pollutant means the following—\n> > \n> > > (a) oil,\n> > \n> > > (b) an oily mixture,\n> > \n> > > (c) a noxious liquid substance,\n> > \n> > > (d) a mixture containing a noxious liquid substance.\n> > \n> > reportable transfer operation incident means the discharge of a pollutant into State waters—\n> > \n> > > (a) from a place on land in connection with a transfer operation, or\n> > \n> > > (b) from equipment or a purpose-built pipeline used in, or in connection with, a transfer operation, whether or not the discharge occurs during a transfer operation, other than a discharge occurring on the landward side of the first isolating valve on land of the equipment or pipeline.\n> > \n> > responsible person, for a ship, means the following—\n> > \n> > > (a) the owner of the ship,\n> > \n> > > (b) the charterer of the ship,\n> > \n> > > (c) the manager of the ship,\n> > \n> > > (d) the operator of the ship.\n> \n> > (2) In this part, a reference to a pipeline includes the fittings and valves of the pipeline.","sortOrder":60},{"sectionNumber":"45","sectionType":"section","heading":"Reporting of reportable incidents","content":"#### 45 Reporting of reportable incidents\n\n45 Reporting of reportable incidents\n\n> > (1) For the Act, section 87(1), a report must be made—\n> > \n> > > (a) in accordance with Schedule 3, and\n> > \n> > > (b) within 24 hours after the master of the ship becomes aware of the reportable incident.\n> \n> > (2) For the Act, section 88, a supplementary report must be made—\n> > \n> > > (a) in accordance with Schedule 3, and\n> > \n> > > (b) within—\n> > > \n> > > > (i) 24 hours after the Minister requests the report, or\n> > > \n> > > > (ii) a longer period, not more than 14 days, approved by the Minister in the particular case.\n> \n> > (3) For the Act, section 89, a further supplementary report must be made—\n> > \n> > > (a) in accordance with Schedule 3, and\n> > \n> > > (b) within 24 hours after the master of the ship becomes aware of the significant further developments arising in relation to the reportable incident.\n> \n> > (4) For the Act, section 90(1) and (2), a report must be made—\n> > \n> > > (a) in accordance with Schedule 3, and\n> > \n> > > (b) within 24 hours after the occurrence of the reportable incident.\n> \n> > (5) For the Act, section 92(2), a further supplementary report must be made—\n> > \n> > > (a) in accordance with Schedule 3, and\n> > \n> > > (b) within—\n> > > \n> > > > (i) 24 hours after the person making the report becomes aware of the relevant further developments, or\n> > > \n> > > > (ii) a longer period, not more than 14 days, approved by the Minister in the particular case.","sortOrder":61},{"sectionNumber":"46","sectionType":"section","heading":"Master must report reportable transfer operation incidents—the Act, s 243(2)(a) and (c)","content":"#### 46 Master must report reportable transfer operation incidents—the Act, s 243(2)(a) and (c)\n\n46 Master must report reportable transfer operation incidents—the Act, s 243(2)(a) and (c)\n\n> > (1) The master of a ship must report a reportable transfer operation incident, in relation to the ship, to the Minister.\n> > \n> > Maximum penalty—$11,000.\n> \n> > (2) The Minister may direct the master of the ship to give additional reports.\n> \n> > (3) The master of a ship must comply with the direction.\n> > \n> > Maximum penalty—$11,000.\n> \n> > (4) A report under this section must be made—\n> > \n> > > (a) in accordance with Schedule 3, and\n> > \n> > > (b) for a report under subsection (1)—as soon as practicable after the reportable transfer incident, and within 24 hours after the incident, and\n> > \n> > > (c) for a report under subsection (2)—within 24 hours after the Minister gives the direction, or a longer period, not more than 14 days, approved by the Minister in writing.\n> \n> > (5) It is a defence to a prosecution under this section if the master of the ship establishes—\n> > \n> > > (a) the master was unable to make the report, or\n> > \n> > > (b) the master had another reasonable excuse.\n> \n> **s 46:** Am 2024 (604), Sch 1\\[8\\].","sortOrder":62},{"sectionNumber":"47","sectionType":"section","heading":"Report if ship abandoned or master otherwise unable to make report—the Act, s 243(2)(a) and (c)","content":"#### 47 Report if ship abandoned or master otherwise unable to make report—the Act, s 243(2)(a) and (c)\n\n47 Report if ship abandoned or master otherwise unable to make report—the Act, s 243(2)(a) and (c)\n\n> > (1) Each responsible person for a ship must report a reportable transfer operation incident, in relation to the ship, to the Minister if—\n> > \n> > > (a) the ship is abandoned, or\n> > \n> > > (b) the master of the ship is unable to report the reportable transfer operation incident to the Minister.\n> > \n> > Maximum penalty—$11,000.\n> \n> > (2) The Minister may direct a responsible person for a ship to give additional reports.\n> \n> > (3) A responsible person must comply with the direction.\n> > \n> > Maximum penalty—$11,000.\n> \n> > (4) A report under this section must be made—\n> > \n> > > (a) in accordance with Schedule 3, and\n> > \n> > > (b) for a report under subsection (1)—as soon as practicable after the responsible person becomes aware of the reportable transfer incident, and within 24 hours after becoming aware of the incident, and\n> > \n> > > (c) for a report under subsection (2)—within 24 hours after the Minister gives the direction, or a longer period, not more than 14 days, approved by the Minister in writing.\n> \n> > (5) It is a defence to a prosecution under this section if the responsible person for the ship establishes—\n> > \n> > > (a) the person was unable to make the report, or\n> > \n> > > (b) the person believed on reasonable grounds that another responsible person or the master of the ship had provided the report, or\n> > \n> > > (c) the person had another reasonable excuse.\n> \n> **s 47:** Am 2024 (604), Sch 1\\[9\\].","sortOrder":63},{"sectionNumber":"48","sectionType":"section","heading":"Incomplete report","content":"#### 48 Incomplete report\n\n48 Incomplete report\n\n> > (1) If a report provided under this part is incomplete, the responsible person for the ship, or the person’s agent, must report the missing particulars to the Minister without delay.\n> > \n> > Maximum penalty—$11,000.\n> \n> > (2) In a prosecution of a person for an offence under this part, it is a defence if the person proves that the person was not aware of the incident or had another reasonable excuse.","sortOrder":64},{"sectionNumber":"49","sectionType":"section","heading":"False or misleading report","content":"#### 49 False or misleading report\n\n49 False or misleading report\n\n> A person must not, in a report under this part, make a statement that is false or misleading in a material particular.\n> \n> Maximum penalty—$11,000.","sortOrder":65},{"sectionNumber":"Part 8","sectionType":"part","heading":"Construction certificates","content":"# Part 8 Construction certificates\n\nPart 8 Construction certificates","sortOrder":66},{"sectionNumber":"50","sectionType":"section","heading":"Ship construction certificates","content":"#### 50 Ship construction certificates\n\n50 Ship construction certificates\n\n> For the Act, section 150(4), definition of ship construction certificate, paragraph (b), a certificate issued by a maritime authority of another State or of the Northern Territory certifying that a ship is constructed in accordance with MARPOL, Annex I is prescribed.","sortOrder":67},{"sectionNumber":"51","sectionType":"section","heading":"Chemical tanker construction certificates","content":"#### 51 Chemical tanker construction certificates\n\n51 Chemical tanker construction certificates\n\n> For the Act, section 151(4), definition of chemical tanker construction certificate, paragraph (b), a certificate issued by a maritime authority of another State or of the Northern Territory certifying that a ship is constructed in accordance with MARPOL, Annex II is prescribed.","sortOrder":68},{"sectionNumber":"Part 9","sectionType":"part","heading":"Miscellaneous","content":"# Part 9 Miscellaneous\n\nPart 9 Miscellaneous","sortOrder":69},{"sectionNumber":"52","sectionType":"section","heading":"Prescribed officers","content":"#### 52 Prescribed officers\n\n52 Prescribed officers\n\n> For the Act, sections 20, 34, 76, 121, 132, 145, 188 and 204, the officers listed in Schedule 1 are prescribed.","sortOrder":70},{"sectionNumber":"53","sectionType":"section","heading":"Minister may make orders—the Act, s 243(2)(b)","content":"#### 53 Minister may make orders—the Act, s 243(2)(b)\n\n53 Minister may make orders—the Act, s 243(2)(b)\n\n> The Minister may, by written instrument, make orders to—\n> \n> > (a) give effect to the following provisions of MARPOL—\n> > \n> > > (i) Annex I, other than provisions given effect by a provision of the Act or this regulation,\n> > \n> > > (ii) Annex II, other than provisions given effect by a provision of the Act or this regulation,\n> > \n> > > (iii) Annex V, other than provisions given effect by a provision of the Act or this regulation,\n> > \n> > > (iv) Article 8 and Protocol I, other than provisions given effect by a provision of the Act or this regulation, and\n> \n> > (b) fix the fees to be paid for matters under an order.","sortOrder":71},{"sectionNumber":"54","sectionType":"section","heading":"Fees payable under the Act—the Act, s 243(2)(i)","content":"#### 54 Fees payable under the Act—the Act, s 243(2)(i)\n\n54 Fees payable under the Act—the Act, s 243(2)(i)\n\n> The fee payable for a matter under the Act is the fee specified in Schedule 4, section 1 for the matter.","sortOrder":72},{"sectionNumber":"55","sectionType":"section","heading":"Exemptions relating to certain pipelines—the Act, s 243(2)(k)","content":"#### 55 Exemptions relating to certain pipelines—the Act, s 243(2)(k)\n\n55 Exemptions relating to certain pipelines—the Act, s 243(2)(k)\n\n> > (1) The following persons are exempt from the operation of the Act for a discharge from a pipeline—\n> > \n> > > (a) the occupier of land on which the pipeline is situated,\n> > \n> > > (b) a lessee, licensee or user of a lease or licence for the use of the pipeline for the carriage of oil,\n> > \n> > > (c) the person in charge of the pipeline,\n> > \n> > > (d) another person responsible for the discharge of oil or a noxious liquid substance from the pipeline used in, or in connection with, a transfer operation.\n> \n> > (2) This section does not apply to a prescribed purpose-built pipeline set out in Schedule 2.","sortOrder":73},{"sectionNumber":"56","sectionType":"section","heading":"Exemptions for certain classes of ship—the Act, s 243(2)(k)","content":"#### 56 Exemptions for certain classes of ship—the Act, s 243(2)(k)\n\n56 Exemptions for certain classes of ship—the Act, s 243(2)(k)\n\n> The following classes of ship are exempt from the Act—\n> \n> > (a) ships belonging to an arm of the Australian Defence Force,\n> \n> > (b) ships belonging to the naval, military or air forces of a country other than Australia,\n> \n> > (c) ships not referred to in paragraph (a) or (b) used, for the time being, only on government non-commercial service, and owned or operated by—\n> > \n> > > (i) Australia, or\n> > \n> > > (ii) the government of another country that is a party to MARPOL.","sortOrder":74},{"sectionNumber":"57","sectionType":"section","heading":"Decisions reviewable by NCAT","content":"#### 57 Decisions reviewable by NCAT\n\n57 Decisions reviewable by NCAT\n\n> For the Act, section 244, a person may 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—\n> \n> > (a) the following decisions under section 29—\n> > \n> > > (i) a refusal to issue a sewage pollution prevention certificate,\n> > \n> > > (ii) the issue of a sewage pollution prevention certificate with conditions, or\n> \n> > (b) the cancellation, under section 31, of a sewage pollution prevention certificate.","sortOrder":75},{"sectionNumber":"58","sectionType":"section","heading":"Approved persons","content":"#### 58 Approved persons\n\n58 Approved persons\n\n> For the Act, section 247(3), definition of approved person, paragraph (f), the members of AMSA are prescribed.","sortOrder":76},{"sectionNumber":"59","sectionType":"section","heading":"Savings","content":"#### 59 Savings\n\n59 Savings\n\n> > (1) The [Marine Pollution Regulation 2014](/view/html/repealed/current/sl-2014-0529) is repealed.\n> \n> > (2) An act, matter or thing that, immediately before the repeal of the [Marine Pollution Regulation 2014](/view/html/repealed/current/sl-2014-0529), had effect under that regulation continues to have effect under this regulation.","sortOrder":77},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Prescribed officers","content":"# Schedule 1 Prescribed officers\n\nSchedule 1 Prescribed officers\n\nsection 52","sortOrder":78},{"sectionNumber":"sch.1-sec","sectionType":"section","heading":"Prescribed officers for the Act","content":"#### sch.1-sec Prescribed officers for the Act\n\nPrescribed officers for the Act\n\n> For the Act, sections 20, 34, 76, 121, 132, 145, 188 and 204, the following persons are prescribed—\n> \n> > (a) harbour masters under the [Marine Safety Act 1998](/view/html/inforce/current/act-1998-121),\n> \n> > (b) a person employed or engaged by the Port Authority of New South Wales and authorised in writing by the Chief Executive Officer of the Authority for the purpose of the section of the Act under which the person may exercise functions,\n> \n> > (c) a member of the Transport Service authorised in writing by the Secretary of the Department of Transport for the purpose of the section of the Act under which the person may exercise functions.","sortOrder":79},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Prescribed purpose-built pipelines","content":"# Schedule 2 Prescribed purpose-built pipelines\n\nSchedule 2 Prescribed purpose-built pipelines\n\nsection 55","sortOrder":80},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Reports","content":"# Schedule 3 Reports\n\nSchedule 3 Reports\n\nsections 45, 46 and 47","sortOrder":84},{"sectionNumber":"Schedule 4","sectionType":"schedule","heading":"Fees","content":"# Schedule 4 Fees\n\nSchedule 4 Fees\n\nsection 54","sortOrder":91},{"sectionNumber":"Schedule 5","sectionType":"schedule","heading":"NSW sewage standards","content":"# Schedule 5 NSW sewage standards\n\nSchedule 5 NSW sewage standards\n\nSchedule 7, definition of “NSW sewage standards”\n\n**sch 5:** Am 2024 (604), Sch 1\\[10\\]; 2025 No 48, Sch 2.7.","sortOrder":94},{"sectionNumber":"Schedule 6","sectionType":"schedule","heading":"Installation of greywater tanks","content":"# Schedule 6 Installation of greywater tanks\n\nSchedule 6 Installation of greywater tanks\n\nsection 41","sortOrder":115},{"sectionNumber":"Schedule 7","sectionType":"schedule","heading":"Dictionary","content":"# Schedule 7 Dictionary\n\nSchedule 7 Dictionary\n\nsection 3\n\n2012 Guidelines, for Part 5—see section 17.\n\nAMSA means the Australian Maritime Safety Authority established by the [Australian Maritime Safety Authority Act 1990](http://www.legislation.gov.au/) of the Commonwealth.\n\napproved plan of management, for Schedule 5—see Schedule 5, section 1.\n\naquaculture, for Part 5—see section 17.\n\nauthorised officer has the same meaning as in the [Marine Safety Act 1998](/view/html/inforce/current/act-1998-121).\n\nClass 1 vessel has the same meaning as in [Marine Order 504 (Certificates of operation and operation requirements — national law) 2018](http://www.legislation.gov.au/) of the Commonwealth.\n\nClass 2 vessel has the same meaning as in [Marine Order 504 (Certificates of operation and operation requirements — national law) 2018](http://www.legislation.gov.au/) of the Commonwealth.\n\nClass 3 vessel has the same meaning as in [Marine Order 504 (Certificates of operation and operation requirements — national law) 2018](http://www.legislation.gov.au/) of the Commonwealth.\n\nClass 4 vessel has the same meaning as in [Marine Order 504 (Certificates of operation and operation requirements — national law) 2018](http://www.legislation.gov.au/) of the Commonwealth.\n\ncommercial vessel has the same meaning as in the [Marine Safety Act 1998](/view/html/inforce/current/act-1998-121).\n\nCo-ordinated universal time has the same meaning as in the [Standard Time Act 1987](/view/html/inforce/current/act-1987-149).\n\ndischarge includes deposit.\n\nenvironment protection licence has the same meaning as in the [Protection of the Environment Operations Act 1997](/view/html/inforce/current/act-1997-156).\n\ngreywater means the following waste water from a vessel—\n\n> (a) waste water from a galley,\n\n> (b) waste water from a bath, sink or shower,\n\n> (c) waste water from a dishwasher or clothes washing machine,\n\n> (d) other waste water not including waste water from a toilet.\n\ngreywater tank means a container or receptacle designed to receive and hold greywater.\n\nharmful substance has the same meaning as in MARPOL, Annex III, regulation 1.\n\nholding tank means a container on a vessel designed and constructed to receive waste directly from a toilet on the vessel.\n\nIMO means the International Maritime Organization.\n\nnoxious liquid substance has the same meaning as in MARPOL, Annex II, regulation 1.\n\nNSW sewage standards means the standards set out in Schedule 5.\n\noil has the same meaning as in MARPOL, Annex I, regulation 1.\n\noily mixture has the same meaning as in MARPOL, Annex I, regulation 1.\n\nowner, of a vessel, has the same meaning as in the [Marine Safety Act 1998](/view/html/inforce/current/act-1998-121).\n\npollutant, for Part 7—see section 44.\n\nreportable transfer operation incident, for Part 7—see section 44.\n\nresponsible person, for a ship, for Part 7—see section 44.\n\nsewage pollution prevention certificate means a certificate issued under Part 5, Division 3.\n\nsewage system has the same meaning as in the Act, section 55A.\n\nTfNSW means Transport for NSW constituted under the [Transport Administration Act 1988](/view/html/inforce/current/act-1988-109).\n\nthe Act means the [Marine Pollution Act 2012](/view/html/inforce/current/act-2012-005).\n\ntoilet includes a urinal.\n\ntreated sewage means sewage complying with all standards set out in Schedule 5, section 2.\n\nuntreated sewage means all sewage other than treated sewage.\n\nwaste collection facility, for Part 5—see section 17.","sortOrder":119}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly beyond traditional marine pollution (oil spills and chemicals) into comprehensive wastewater management. The original 2014 regulation has grown to include: (1) a complete sewage and greywater management regime with no-discharge zones, treatment standards, and a certificate system phased over three years; (2) detailed technical specifications for holding tanks and treatment plants in Schedule 5; (3) specific rules for the Murray River and Sydney Harbour; and (4) a new greywater regime for post-2004 vessels. This reflects a shift from reactive spill response to proactive environmental protection of sensitive waterways."},"complexity_factors":["Extensive cross-referencing to Commonwealth legislation (Protection of the Sea Act, Marine Orders, Special Recreational Vessels Act) and international conventions (MARPOL Annexes I–V)","Multiple schedules containing technical standards – Schedule 5 (NSW sewage standards) alone runs to 17 sections with detailed engineering specifications for holding tanks","Nested conditional logic: different rules apply based on vessel class (Class 1–4), construction date, passenger numbers, operating location (smooth waters vs offshore), and whether vessels carry berthed passengers","Phased implementation dates creating temporal complexity: section 26 has three different commencement dates (1 July 2025, 2026, and 2027) for different vessel classes","47+ defined terms in Schedule 7, many incorporating definitions from other Acts by reference","Dual penalty structures distinguishing between individuals and corporations (e.g., $2,200 vs $11,000 in section 24)","Geographic precision requirements: Schedule 2 specifies exact latitude/longitude coordinates for exempted pipelines in Botany Bay, Port Kembla and Newcastle","Multiple exemption pathways: general exemptions (section 56), pipeline exemptions (section 55), interstate vessel exemptions (section 27), and temporal exemptions for special recreational vessels (section 8)"],"plain_english_summary":"**What this legislation does:**\n\nThis is a New South Wales regulation that sets detailed rules to prevent pollution from ships and vessels in State waters. It replaces the 2014 version and gives practical effect to international maritime pollution rules (called **MARPOL**) as well as specific NSW requirements.\n\n**Who it affects:**\n\n- **Ship owners and masters** – anyone operating commercial or recreational vessels in NSW waters\n- **Trading ships visiting Lord Howe Island** – special oil spill response requirements\n- **Passenger vessels, houseboats, and commercial operators** – strict sewage and greywater rules\n- **Ports and pipelines** – specific facilities in Botany Bay, Port Kembla, and Newcastle have tailored exemptions\n- **AMSA (Australian Maritime Safety Authority)** and **Transport for NSW** – the main regulators\n\n**Key requirements:**\n\n**Oil pollution:**\n- Ships must carry approved **oil spill response plans** and **oil record books**\n- Trading ships going to Lord Howe Island need special equipment and trained crews\n\n**Noxious liquid substances:**\n- Tanks must be washed according to international standards\n- Ships need **cargo record books** and **marine pollution emergency plans**\n\n**Sewage and greywater (the biggest changes):**\n- **No discharge zones** – treated sewage cannot be dumped in inland waters, near beaches, marinas, swimming areas, or within 500m of other vessels or people in the water\n- **Untreated sewage** – generally banned from discharge into State waters entirely\n- **Greywater** (from sinks, showers, galleys) – banned from discharge for certain commercial vessels in Sydney Harbour and the Murray River\n- **Sewage pollution prevention certificates** – required for Class 1–4 commercial vessels, phased in from 2025–2027\n- **Holding tanks and treatment plants** – must meet strict design, capacity, and maintenance standards (Schedule 5)\n\n**Garbage:**\n- Ships need **garbage record books** and **garbage management plans**\n\n**Reporting:**\n- **Mandatory reporting** of any oil, chemical, or harmful substance spills within 24 hours\n- Detailed reporting formats required (Schedule 3)\n\n**Why it matters:**\n\nThis regulation protects NSW's marine environment – from Sydney Harbour to the Murray River to Lord Howe Island. It brings NSW into line with international standards while adding stricter local rules, particularly for sewage and greywater from the growing tourism and commercial vessel sectors. The phased introduction of sewage certificates (2025–2027) gives operators time to upgrade systems, but penalties up to $11,000 apply for non-compliance."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The regulation expands and reframes coverage compared with the prior instrument by: (a) expressly applying Part 13/insurance rules to special recreational vessels from 1 July 2025 (s 8); (b) prescribing new classes and phased dates for ships required to hold sewage pollution prevention certificates (s 26); (c) imposing detailed technical and installation standards for holding and greywater tanks and requiring approved plans of management (Schedule 5, ss 8–17; Schedule 6); (d) adding clear reporting duties for transfer operation incidents and broad report content/timelines (Part 7, ss 44–47; Schedule 3); and (e) preserving and re‑allocating exemptions for pipelines and certain government/defence ships (ss 55–56). The regulation also repeals and replaces the 2014 regulation (Commencement and s 59)."},"complexity_factors":["Extensive cross‑reference to international MARPOL provisions and IMO instruments (see eg. ss 4, 6, 9, 15, 23, 42–43).","Detailed technical standards and construction requirements in schedules (holding tanks: Schedule 5, ss 8–16; greywater: Schedule 6).","Layered compliance regimes and phased implementation dates for different vessel classes (see s 8 and s 26).","Multiple enforcement actors and delegated discretions (Ministerial approvals, AMSA, TfNSW, prescribed officers—ss 5, 11, 23, 52, 53).","Varied offence and penalty levels tied to different breaches (see ss 20, 21, 24, 40, 46, 48–49).","Extensive reporting content and tight timelines (Part 7, ss 44–48 and Schedule 3).","Fee and cost recovery schedule with per‑hour investigation and processing fees (Schedule 4, s 2; s 38).","Multiple exemptions and carve‑outs (pipelines, defence and government non‑commercial ships—ss 55–56).","Administrative processes for certificates, inspections, notices and reviews (ss 28–31, 33–38, 57)."],"plain_english_summary":"This regulation repeals the 2014 instrument and sets detailed, technical rules for preventing and responding to marine pollution in NSW. It prescribes shipboard plans, record books, construction certificates, sewage/greywater/garbage controls, reporting obligations, fees and penalties, and allocates enforcement and certification roles to the Minister, TfNSW and AMSA. It affects ship owners, masters, operators, port and pipeline operators, and approved compliance authorities because it creates inspection, certification, reporting and equipment/installation obligations with monetary fees and criminal penalties."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Insufficient content was provided to assess whether the scope of this regulation changed from its original intent. The document supplied contains only navigation menus, status information, and metadata — not the substantive provisions of the regulation. Three amendments since March 2024 suggest some evolution, but the nature and extent of any scope changes cannot be determined from the available text."},"complexity_factors":["Only metadata and status information was provided — no substantive regulatory content is available for analysis","Multiple amendments in a short timeframe (3 versions in under 2 years) suggest the underlying rules may be evolving and complex","Regulation operates under a parent Act (marine pollution legislation) which adds a layer of cross-referencing complexity","Likely interacts with Commonwealth marine pollution laws (e.g., MARPOL treaty obligations), which can create jurisdictional complexity","Score is kept low because insufficient content was provided to assess true substantive complexity"],"plain_english_summary":"This NSW Marine Pollution Regulation 2024 sets out subordinate law on marine pollution in NSW waters; it affects vessel operators, shipping companies, port authorities, fishers and anyone discharging waste or pollutants from vessels. It matters because it governs pollution controls and compliance in NSW waters and is in force from 15 Aug 2025 until automatic repeal on 1 Sep 2029.\n\nNote: the actual regulatory provisions were not provided here—consult the full text for specific obligations and penalties."}},"importantCases":[],"_links":{"self":"/api/acts/marine-pollution-regulation-2024","history":"/api/acts/marine-pollution-regulation-2024/history","analysis":"/api/acts/marine-pollution-regulation-2024/analysis","conflicts":"/api/acts/marine-pollution-regulation-2024/conflicts","importantCases":"/api/acts/marine-pollution-regulation-2024/important-cases","documents":"/api/acts/marine-pollution-regulation-2024/documents"}}