{"id":"pollution-of-waters-by-oil-and-noxious-substances-regulations-1993","name":"Pollution of Waters by Oil and Noxious Substances Regulations 1993","slug":"pollution-of-waters-by-oil-and-noxious-substances-regulations-1993","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181628,"registerId":"wa-pollution-of-waters-by-oil-and-noxious-substances-regulations-1993-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Pollution of Waters by Oil and Noxious Substances Regulations 1993","content":"![Crest]()Western Australia\n\nPollution of Waters by Oil and Noxious Substances Act 1987\n\nPollution of Waters by Oil and Noxious Substances Regulations 1993\n\nWestern Australia\n\nPollution of Waters by Oil and Noxious Substances Regulations 1993\n\nContents\n\n1. Citation 1\n\n2. Commencement 1\n\n3. Interpretation 1\n\n4. Prescribed offices 1\n\n5. Prescribed manner of notifying incidents etc. 3\n\n6. Prescribed time for report 3\n\n7. Prescribed form for report 3\n\n8. Oil record book 4\n\n9. Prescribed operations or occurrences (oil record book) 4\n\n10. Cargo record book 4\n\n11. Prescribed operations and occurrences (cargo record book) 4\n\n12. Regulation 8 of Annex II to have the force of law 5\n\n13. Exemptions 5\n\nNotes\n\nCompilation table 6\n\nDefined terms\n\n  \n\nWestern Australia\n\nPollution of Waters by Oil and Noxious Substances Act 1987\n\nPollution of Waters by Oil and Noxious Substances Regulations 1993\n\n##### 1. Citation\n\nThese regulations may be cited as the *Pollution of Waters by Oil and Noxious Substances Regulations 1993* 1.\n\n##### 2. Commencement\n\nThese regulations shall come into operation on the day on which the *Pollution of Waters by Oil and Noxious Substances Act 1987* comes into operation 1.\n\n##### 3. Interpretation\n\nIn these regulations —\n\n  Commonwealth Act means the *Protection of the Sea (Prevention of Pollution from Ships) Act 1983* (Cwlth) as in force at the commencement of these regulations;\n\n  Department means the department of the Public Service principally assisting in the administration of the Act;\n\n  Marine Orders means orders, made under section 34 of the Commonwealth Act, as in force from time to time.\n\n[Regulation 3 amended: Gazette 6 Oct 2006 p. 4361.]\n\n##### 4. Prescribed offices\n\n(1) For the purposes of sections 8 and 20 of the Act —\n\n(a) each of the offices prescribed by the Marine Orders for the purposes of the corresponding sections of the Commonwealth Act is prescribed; and\n\n(b) each of the offices of Chief Executive Officer, and General Manager Marine Safety, in the Department, is prescribed.\n\n(2) For the purposes of sections 11 and 22 of the Act —\n\n(a) each of the offices prescribed by the Marine Orders for the purposes of the corresponding sections of the Commonwealth Act is prescribed; and\n\n(b) each of the offices of Chief Executive Officer, and General Manager Marine Safety, in the Department, is prescribed; and\n\n(c) if a prescribed incident (as defined in each of those sections) occurs within the boundaries of a port for which a harbour master is appointed — the harbour master is prescribed.\n\n(3) For the purposes of section 12 of the Act —\n\n(a) the office of Chief Executive Officer in the Department is prescribed; and\n\n(b) if a discharge occurs within the boundaries of a port for which a harbour master is appointed — the harbour master is prescribed.\n\n(4) For the purposes of sections 15 and 25 of the Act each of the offices prescribed by the Marine Orders for the purposes of the corresponding sections of the Commonwealth Act is prescribed.\n\n(5) For the purposes of section 30(2) of the Act each of the offices of Chief Executive Officer, and General Manager Marine Safety, in the Department, is prescribed.\n\n[Regulation 4 amended: Gazette 6 Oct 2006 p. 4362 and 4363.]\n\n##### 5. Prescribed manner of notifying incidents etc.\n\n(1) For the purposes of sections 11(1) and (3) and 22(1) and (3) of the Act, a prescribed incident is notified in the prescribed manner if it is notified —\n\n(a) in the manner prescribed by the Marine Orders made for the purposes of the corresponding sections of the Commonwealth Act; or\n\n(b) in the manner prescribed by the Marine Orders made for the purposes of the corresponding sections of the Commonwealth Act but conveyed through —\n\n(i) the Department; or\n\n(ii) a port signal station.\n\n(2) For the purposes of section 12(1) a discharge from a place on land is notified in the prescribed manner if it is notified in the manner prescribed by subregulation (1).\n\n[Regulation 5 amended: Gazette 6 Oct 2006 p. 4362 and 4363.]\n\n##### 6. Prescribed time for report\n\nFor the purposes of sections 11(6) and (7), 12(2) and 22(6) and (7) of the Act, 24 hours immediately following the receipt of a request for a report is the prescribed time.\n\n##### 7. Prescribed form for report\n\n(1) For the purposes of sections 11(6) and (7) and 22(6) and (7) of the Act, the form prescribed by the Marine Orders for the purposes of the corresponding sections of the Commonwealth Act is prescribed.\n\n(2) For the purposes of section 12(2) of the Act, the form prescribed by subregulation (1) with such modifications as are necessary and including —\n\n(a) the name, address, email address and facsimile and telephone numbers of the occupier of the place on land from which the discharge occurred; and\n\n(b) the geographical location where the discharge occurred,\n\nis prescribed.\n\n[Regulation 7 amended: Gazette 6 Oct 2006 p. 4362 and 4363.]\n\n##### 8. Oil record book\n\nFor the purposes of section 13(3) of the Act a ship shall carry an oil record book of the kind prescribed for the ship by the Marine Orders for the purposes of the corresponding section of the Commonwealth Act.\n\n[Regulation 8 amended: Gazette 6 Oct 2006 p. 4363.]\n\n##### 9. Prescribed operations or occurrences (oil record book)\n\nFor the purposes of section 13(5) of the Act, each of the operations and occurrences prescribed by the Marine Orders for the purposes of the corresponding section of the Commonwealth Act is a prescribed operation or occurrence, as the case may be.\n\n[Regulation 9 amended: Gazette 6 Oct 2006 p. 4363.]\n\n##### 10. Cargo record book\n\nFor the purposes of section 23(3) of the Act, the prescribed form for a cargo record book is that prescribed by the Marine Orders for the purposes of the corresponding section of the Commonwealth Act.\n\n[Regulation 10 amended: Gazette 6 Oct 2006 p. 4363.]\n\n##### 11. Prescribed operations and occurrences (cargo record book)\n\nFor the purposes of section 23(5) of the Act, each of the operations and occurrences prescribed by the Marine Orders for the purposes of the corresponding section of the Commonwealth Act is a prescribed operation or occurrence, as the case may be.\n\n[Regulation 11 amended: Gazette 6 Oct 2006 p. 4363.]\n\n##### 12. Regulation 8 of Annex II to have the force of law\n\nRegulation 8 of Annex II to the Convention applies to ships in the manner and to the extent prescribed by the Marine Orders.\n\n[Regulation 12 amended: Gazette 6 Oct 2006 p. 4363.]\n\n##### 13. Exemptions\n\nThe ships exempted by the Marine Orders from the provisions of the Commonwealth Act and the Commonwealth regulations are exempted from the Act and these regulations.\n\n[Regulation 13 amended: Gazette 6 Oct 2006 p. 4363.]\n\nNotes\n\n1 This is a compilation of the *Pollution of Waters by Oil and Noxious Substances Regulations 1993* and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.\n\nCompilation table\n\n| **Citation** | **Gazettal** | **Commencement** |\n| --- | --- | --- |\n| *Pollution of Waters by Oil and Noxious Substances Regulations 1993* | 29 Jun 1993 p. 3179‑81 | 1 Jul 1993 (see r. 2 and *Gazette* 29 Jun 1993 p. 3163) |\n| **Reprint 1: The *Pollution of Waters by Oil and Noxious Substances Regulations 1993* as at 7 May 2004** | | |\n| *Pollution of Waters by Oil and Noxious Substances Amendment Regulations 2006* | 6 Oct 2006 p. 4361-3 | 6 Oct 2006 |\n\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nCommonwealth Act 3\n\nDepartment 3\n\nMarine Orders 3\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"These regulations primarily implement and localise the Act by prescribing offices, notification methods, forms and record books and by adopting Commonwealth Marine Orders (see regs 4–7, 8–11, 12–13). They do not, on their face, expand or narrow the Act's substantive scope but instead delegate detail to Marine Orders and international Annex II provisions."},"complexity_factors":["Extensive incorporation by reference to the Commonwealth Act and Marine Orders rather than standalone rules (regs 3, 4, 7–13).","Multiple prescribed offices and port-specific prescriptions requiring cross-checking with Marine Orders and port arrangements (reg 4).","Notification, timing and form requirements that depend on external Marine Orders and vary by incident type (regs 5–7).","Record‑keeping obligations for ships (oil and cargo record books) that mirror Commonwealth standards (regs 8–11).","Exemptions and the legal force of international instrument provisions are delegated to Marine Orders, concentrating substantive detail outside the regulations (regs 12–13).","Low volume of substantive text but high administrative reliance on external instruments increases interpretive work for users and administrators."],"plain_english_summary":"*Pollution of Waters by Oil and Noxious Substances Regulations 1993* implements the Act in Western Australia by prescribing who must be notified, how and when, and what oil and cargo record books and report forms ships and land occupiers must keep. It gives legal force to Commonwealth 'Marine Orders' and sets exemptions. \n\nShip operators and occupiers pay the compliance costs of record‑keeping and reporting; the Department and harbour masters administer notifications and exercise discretion. The regulations standardise procedures but rely heavily on external Marine Orders, creating ongoing dependence on those instruments."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: operationalising the WA Act by adopting Commonwealth maritime pollution standards. There is no evidence of scope creep — the 2006 amendments were minor administrative updates (changing office titles and contact details) rather than expansion into new policy areas."},"complexity_factors":["Extensive incorporation by reference — 11 of 13 substantive regulations directly adopt Commonwealth Marine Orders or the federal Protection of the Sea Act, meaning the full legal effect cannot be understood without consulting external instruments","Nested cross-referencing — regulations repeatedly refer to 'corresponding sections' of the Commonwealth Act, requiring readers to map WA Act sections to Commonwealth Act sections","Multiple office-holders prescribed across 5 different regulatory contexts (regs 4(1)-(5)), with slightly different combinations for each purpose","Conditional logic for harbour masters — their authority only triggers 'if a prescribed incident occurs within the boundaries of a port for which a harbour master is appointed' (regs 4(2)(c), 4(3)(b))","Only 3 defined terms in the interpretation section (reg 3), but one ('Marine Orders') is defined as 'as in force from time to time', creating a dynamic reference that changes without amendment to these regulations","Fragmentary structure — the regulations are essentially a 'patch' between the WA Act and Commonwealth law, making them unintelligible in isolation"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations are the operational 'nuts and bolts' that make Western Australia's *Pollution of Waters by Oil and Noxious Substances Act 1987* work in practice. Rather than creating new rules from scratch, they **mirror and adopt** the detailed technical standards from Commonwealth (federal) maritime law — specifically the *Protection of the Sea (Prevention of Pollution from Ships) Act 1983* and its associated Marine Orders.\n\n**Who it affects:**\n\n- **Ship owners and operators** in Western Australian waters\n- **Harbour masters** in WA ports\n- **Occupiers of land** near waters (if pollution originates from land)\n- **WA Department officials** (Chief Executive Officer and General Manager Marine Safety)\n\n**Key practical requirements:**\n\n- **Reporting pollution incidents:** If oil or noxious substances escape into waters, specific people must be notified — including harbour masters for incidents in ports, and senior departmental officers. Reports must be made within **24 hours** of being requested, using standard federal forms.\n- **Record keeping:** Ships must carry 'oil record books' and 'cargo record books' (logbooks tracking fuel and chemical handling), exactly as required under Commonwealth law.\n- **Exemptions:** Any ships exempt from federal pollution rules are automatically exempt from these WA rules too.\n\n**Why it matters:**\n\nWestern Australia is adopting international maritime pollution standards (from MARPOL, the International Convention for the Prevention of Pollution from Ships) without rewriting them. This ensures WA law stays consistent with national and international rules, making compliance simpler for shipping companies while protecting WA's marine environment from oil and chemical spills."},"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"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was unavailable. No comparison between original intent and current provisions is possible from the retrieved content."},"complexity_factors":["No substantive legislative text was available for analysis — only an error page was returned","Complexity cannot be meaningfully assessed without access to the actual regulatory provisions","Score of 2 reflects baseline complexity inferred from title alone — maritime pollution regulations of this type typically involve moderate technical and procedural detail"],"plain_english_summary":"The regulations set rules to prevent pollution of Western Australian waters by oil and other noxious substances, affecting ship operators, vessel owners and maritime workers who operate in WA waters. They matter because they govern maritime conduct, spill response and compliance with environmental and international obligations to protect marine ecosystems and public interests."}},"importantCases":[],"_links":{"self":"/api/acts/pollution-of-waters-by-oil-and-noxious-substances-regulations-1993","history":"/api/acts/pollution-of-waters-by-oil-and-noxious-substances-regulations-1993/history","analysis":"/api/acts/pollution-of-waters-by-oil-and-noxious-substances-regulations-1993/analysis","conflicts":"/api/acts/pollution-of-waters-by-oil-and-noxious-substances-regulations-1993/conflicts","importantCases":"/api/acts/pollution-of-waters-by-oil-and-noxious-substances-regulations-1993/important-cases","documents":"/api/acts/pollution-of-waters-by-oil-and-noxious-substances-regulations-1993/documents"}}