{"id":"protection-of-marine-waters-prevention-of-pollution-from-ships-regulations-2013","name":"Protection of Marine Waters (Prevention of Pollution from Ships) Regulations 2013","slug":"protection-of-marine-waters-prevention-of-pollution-from-ships-regulations-2013","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":236791,"registerId":"sa-protection-of-marine-waters-prevention-of-pollution-from-ships-regulations-2013-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Protection of Marine Waters (Prevention of Pollution from Ships) Regulations 2013","content":"South Australia\nProtection of Marine Waters (Prevention of Pollution from Ships) Regulations 2013\nunder the Protection of Marine Waters (Prevention of Pollution from Ships) Act 1987\n\nContents\nPart 1—Preliminary\n1\tShort title\n2\tCommencement\n3\tInterpretation\nPart 2—Pollution by oil or noxious substances\n4\tPrescribed officers\n5\tOil record book\n6\tMatters to be recorded in an oil record book\n7\tCargo record book\n8\tMatters to be recorded in a cargo record book\n9\tRegulation 8 of Annex II to have the force of law\nPart 3—Pollution by packaged harmful substances\n10\tInterpretation\n11\tPurpose\n12\tCarriage of harmful substance\n13\tPackaging and marking of harmful substance\n14\tStowage\n15\tQuantity limitations\n16\tDocuments relating to carriage of harmful substance\n17\tWashing substances overboard\nPart 4—Pollution by garbage\n18\tInterpretation\n19\tPlacards\n20\tGarbage management plan\n21\tGarbage record book\nPart 5—Reporting requirements\n22\tNotification of discharges\n23\tDischarge reports occurring other than from ships\n24\tDischarge reports occurring other than from ships\nPart 6—Miscellaneous\n25\tMinister may make orders\n26\tFee for deposit of oil record book or cargo record book\n27\tExemptions\nSchedule 1—Discharge report\nLegislative history\n\nPart 1—Preliminary\n1—Short title\nThese regulations may be cited as the Protection of Marine Waters (Prevention of Pollution from Ships) Regulations 2013.\n2—Commencement\nThese regulations will come into operation on 1 September 2013.\n3—Interpretation\nIn these regulations, unless the contrary intention appears—\nAct means the Protection of Marine Waters (Prevention of Pollution from Ships) Act 1987;\nDepartment means the administrative unit of the Public Service that is, under the Minister, responsible for the administration of the Act;\nIMO means the International Maritime Organization;\nSouth Australian Marine Spill Contingency Action Plan means the plan developed and published under section 28A of the Act;\nState Marine Pollution Controller means the person for the time being performing the duties and functions of State Marine Pollution Controller as detailed in the South Australian Marine Spill Contingency Action Plan.\nPart 2—Pollution by oil or noxious substances\n4—Prescribed officers\n\t(1)\tThe State Marine Pollution Controller and each port manager are prescribed officers for the purposes of sections 8(2) and 18(2) of the Act.\n\t(2)\tFor the purposes of sections 13(3) and (4) and 23(5) and (6) of the Act, the State Marine Pollution Controller is a prescribed officer.\n\t(3)\tFor the purposes of section 18(6), (7), (8) and (9) of the Act, the State Marine Pollution Controller is a prescribed officer.\n5—Oil record book\n\t(1)\tAn oil tanker to which section 11 of the Act applies must carry—\n\t(a)\tan oil record book in the form set out in Part I of Appendix III to Annex I of the 1978 Protocol; and\n\t(b)\tan oil record book in the form set out in Part II of Appendix III to Annex I of the 1978 Protocol.\n\t(2)\tA ship (other than an oil tanker) to which section 11 of the Act applies must carry an oil record book in the form set out in Part I of Appendix III to Annex I of the 1978 Protocol.\n6—Matters to be recorded in an oil record book\n\t(1)\tFor the purposes of section 11(5) of the Act—\n\t(a)\teach of the following operations (being a machinery space operation) is a prescribed operation in relation to a ship (including an oil tanker):\n\t(i)\tthe ballasting or cleaning of an oil fuel tank;\n\t(ii)\ta discharge of dirty ballast or cleaning water from an oil fuel tank;\n\t(iii)\ta disposal of oil residues (sludge);\n\t(iv)\ta discharge overboard or other disposal of bilge water that has accumulated in any machinery space; and\n\t(b)\teach of the following operations (being a cargo or a ballast operation) is a prescribed operation in relation to an oil tanker:\n\t(i)\tthe loading of oil cargo;\n\t(ii)\tan internal transfer of oil cargo during a voyage or in port;\n\t(iii)\tthe unloading of oil cargo;\n\t(iv)\tthe ballasting of a cargo tank or a dedicated clean ballast tank;\n\t(v)\tthe cleaning of a cargo tank (including crude oil washing);\n\t(vi)\ta discharge of ballast from a tank other than a segregated ballast tank;\n\t(vii)\ta discharge of water from a slop tank;\n\t(viii)\tthe closing, after an operation referred to in subparagraph (vii), of all applicable valves or similar devices;\n\t(ix)\tthe closing, after an operation referred to in subparagraph (vii), of valves necessary for the isolation of a dedicated clean ballast tank from cargo and stripping lines;\n\t(x)\ta disposal of residues.\n\t(2)\tFor the purposes of section 11(5) of the Act, each of the following occurrences is a prescribed occurrence in relation to a ship (including an oil tanker):\n\t(a)\tthe discharge into the sea of oil or an oily mixture from the ship for the purpose of—\n\t(i)\tsecuring the safety of the ship; or\n\t(ii)\tsaving life at sea;\n\t(b)\tthe discharge into the sea of oil or an oily mixture in consequence of damage to the ship or its equipment;\n\t(c)\tthe discharge into the sea of substances containing oil for the purpose of combating specific pollution incidents;\n\t(d)\tthe failure of the ship's oil discharge monitoring and control system;\n\t(e)\tthe discharge into the sea of oil or an oily mixture, being—\n\t(i)\ta discharge for an exceptional purpose other than a purpose referred to in paragraph (a) or (c); or\n\t(ii)\tan accidental discharge other than a discharge referred to in paragraph (b).\n7—Cargo record book\nFor the purposes of section 21 of the Act, the prescribed form of cargo record is the form set out in Appendix IV to Annex II of the 1978 Protocol.\n8—Matters to be recorded in a cargo record book\n\t(1)\tFor the purposes of section 21(5) of the Act, each of the following operations is a prescribed operation in relation to a ship:\n\t(a)\tthe loading of cargo;\n\t(b)\tan internal transfer of cargo during a voyage or in port;\n\t(c)\tthe unloading of cargo;\n\t(d)\tthe ballasting of a cargo tank;\n\t(e)\tthe cleaning of a cargo tank;\n\t(f)\ta discharge of ballast from a cargo tank;\n\t(g)\ta disposal of residues to a reception facility;\n\t(h)\tthe discharge of a noxious liquid substance, or of a mixture containing such a substance, into the sea in accordance with Regulation 5 of Annex II to the Convention;\n\t(i)\tthe removal by ventilation procedures of cargo residues from a tank in accordance with Regulation 5 of Annex II to the Convention.\n\t(2)\tFor the purposes of section 21(5) of the Act, each of the following occurrences is a prescribed occurrence in relation to a ship:\n\t(a)\tthe discharge into the sea of a noxious liquid substance, or of a mixture containing such a substance, for the purpose of—\n\t(i)\tsecuring the safety of the ship; or\n\t(ii)\tsaving life at sea;\n\t(b)\tthe discharge into the sea of a noxious liquid substance, or of a mixture containing such a substance, in consequence of damage to the ship or its equipment;\n\t(c)\tthe discharge into the sea of a noxious liquid substance, or of a mixture containing such a substance, being—\n\t(i)\ta discharge for an exceptional purpose other than a purpose referred to in paragraph (a); or\n\t(ii)\tan accidental discharge other than a discharge referred to in paragraph (b).\n9—Regulation 8 of Annex II to have the force of law\n\t(1)\tPursuant to section 24 of the Act, the provisions of Regulation 8 of Annex II to the Convention, other than paragraph (1) of that Regulation, apply to, and in relation to, the washing of a tank of a ship from which a noxious liquid substance has been unloaded.\n\t(2)\tA person who is a surveyor accredited or otherwise recognised under the Marine Safety (Domestic Commercial Vessel) National Law is, by virtue of this subregulation, a surveyor authorised for the purpose of implementing Regulation 8 of Annex II to the Convention.\n\t(3)\tIf a tank of a ship from which a noxious liquid substance has been unloaded is not washed in accordance with whichever of the provisions of Regulation 8 of Annex II to the Convention is applicable to the tank, having regard to—\n\t(a)\twhether the substance unloaded from the tank is a Category A, Category B, Category C or Category D substance; and\n\t(b)\twhether the tank has been unloaded in a Special Area or an area other than a Special Area,\nthe master of the ship is guilty of an offence.\nMaximum penalty: $5 000.\n\t(4)\tIn the application of Regulation 8 of Annex II to the Convention to, or in relation to, the washing of a tank of a ship—\n\t(a)\ta reference to the receiving Party will be taken as a reference to Australia or to the State; and\n\t(b)\ta reference to the Administration will be taken as a reference to the State Marine Pollution Controller; and\n\t(c)\ta reference to the surveyor (however described) will be taken as a reference to a surveyor authorised under subregulation (2).\n\t(5)\tA surveyor referred to in subregulation (2) must, in the exercise of any power or the performance of any function for the purpose of implementing Regulation 8 of Annex II to the Convention, comply with any control procedures developed by the IMO.\n\t(6)\tAn exemption referred to in paragraph (2)(b), (5)(b), (6)(b) or (7)(c) of Regulation 8 of Annex II to the Convention may only be granted to a ship engaged in voyages to ports or terminals under the jurisdiction of States, other than Australia, that are parties to the Convention and, on such an exemption being granted to a ship, the appropriate entry made in the ship's cargo record book must be endorsed by a surveyor.\nPart 3—Pollution by packaged harmful substances\n10—Interpretation\n\t(1)\tUnless the contrary intention appears, an expression that is used in this Part and in Annex III to the Convention (whether or not a particular meaning is assigned to it by that Annex) has, in this Part, the same meaning as in that Annex.\n\t(2)\tFor the purposes of this Part—\ncargo does not include a ship's stores or equipment.\n11—Purpose\nThis Part—\n\t(a)\tgives effect to regulations 1 to 6 of Annex III to the Convention; and\n\t(b)\tprescribes matters for the purposes of Part 3AA of the Act.\n12—Carriage of harmful substance\nIf a harmful substance is carried by sea as cargo in packaged form in contravention of these regulations, the master and the owner of the ship are each guilty of an offence.\nMaximum penalty: \n\t(a)\tif the offender is a natural person—$8 000 or imprisonment for 1 year; or\n\t(b)\tif the offender is a body corporate—$20 000.\n13—Packaging and marking of harmful substance\n\t(1)\tA harmful substance carried by sea as cargo in packaged form must be packaged in accordance with the IMDG Code.\n\t(2)\tThe package must be marked or labelled—\n\t(a)\tto indicate that the substance is a marine pollutant; and\n\t(b)\twith the correct technical name of the harmful substance; and\n\t(c)\twith the trade name (if any) of the substance.\n\t(3)\tThe marking or labelling of the package must be sufficiently durable so as to be legible after immersion in the sea for a period of 3 months.\n\t(4)\tA package containing a harmful substance that is exempted from the marking requirements of the IMDG Code on the grounds that it contains only a small quantity of the harmful substance, is exempt from the marking requirements of this regulation.\n14—Stowage\nA harmful substance carried by sea as cargo in packaged form, and any package containing residue of a harmful substance, must be stowed and secured on the ship in accordance with the IMDG Code.\n15—Quantity limitations\nThe quantity of a harmful substance that is carried by sea as cargo in packaged form must not exceed the quantity limitation for the particular substance specified by the IMDG Code.\n16—Documents relating to carriage of harmful substance\nIf a ship is carrying a harmful substance by sea as cargo in packaged form the following provisions apply:\n\t(a)\tany document relating to the carriage of the harmful substance must state that the substance being carried is a marine pollutant and the correct technical name of the substance;\n\t(b)\tthe shipping documents supplied by the shipper must include a signed certificate or declaration that the harmful substance is packaged and marked or labelled in accordance with these regulations;\n\t(c)\ta list or stowage plan detailing the location of the harmful substance on the ship must be carried on the ship;\n\t(d)\twhere the harmful substance is loaded in this State, a copy of the list or stowage plan detailing the location of the harmful substance on the ship must—\n\t(i)\tbe retained on shore by the owner of the ship, or his or her representative, until the substance is unloaded; and\n\t(ii)\tbe deposited with the port manager prior to the departure of the ship.\n17—Washing substances overboard\nFor the purposes of section 24AAB of the Act, a substance is taken to have been washed overboard in accordance with the regulations if the manner of disposal is the most appropriate having regard to the physical, chemical and biological properties of the substance.\nPart 4—Pollution by garbage\n18—Interpretation\nUnless the contrary intention appears, an expression that is used in this Part and in Annex V to the Convention (whether or not a particular meaning is assigned to it by that Annex) has, in this Part, the same meaning as in that Annex.\n19—Placards\n\t(1)\tA ship of 12 metres in length or more must display placards informing the crew and passengers of the garbage disposal requirements of section 24AAD of the Act.\n\t(2)\tIf placards are not displayed on a ship in accordance with subregulation (1), the master and the owner of the ship are each guilty of an offence.\nMaximum penalty: \n\t(a)\tif the offender is a natural person—$2 000; or\n\t(b)\tif the offender is a body corporate—$5 000.\n20—Garbage management plan\n\t(1)\tThis regulation applies to the following ships while they are in State waters:\n\t(a)\ta ship of 400 tons gross tonnage or more;\n\t(b)\ta ship certified to carry 15 or more passengers and crew.\n\t(2)\tIf a garbage management plan conforming to the requirements of subregulation (3) is not carried, and implemented, on a ship to which this regulation applies, the master and the owner of the ship are each guilty of an offence.\nMaximum penalty: \n\t(a)\tif the offender is a natural person—$2 000; or\n\t(b)\tif the offender is a body corporate—$5 000.\n\t(3)\tA garbage management plan must—\n\t(a)\tprovide written procedures for the collection, storage, processing and disposing of garbage, including procedures for the use of the garbage disposal equipment on board; and\n\t(b)\tdesignate a person to be responsible for ensuring the plan is followed; and\n\t(c)\tbe in accordance with the guidelines developed by the IMO.\n21—Garbage record book\n\t(1)\tThis regulation applies to the following ships while they are in State waters:\n\t(a)\ta ship of 400 tons gross tonnage or more;\n\t(b)\ta ship certified to carry 15 or more passengers and crew.\n\t(2)\tIf a garbage record book, in the form specified in the Appendix to Annex V of the 1978 Protocol, is not carried at all times on a ship to which this regulation applies, the master and the owner of the ship are each guilty of an offence.\nMaximum penalty: \n\t(a)\tif the offender is a natural person—$2 000; or\n\t(b)\tif the offender is a body corporate—$5 000.\n\t(3)\tThe person responsible for overseeing a discharge of garbage from a ship to which this regulation applies or for an incineration of garbage on board such a ship must, on completion of the discharge operation or incineration, record in the ship's garbage record book—\n\t(a)\tthe date and time of the discharge operation or incineration; and\n\t(b)\tthe position of the ship at the time of the discharge operation or incineration; and\n\t(c)\ta description, and the estimated amount, of the garbage discharged or incinerated,\nand sign the entry in the garbage record book.\nMaximum penalty: $2 000.\n\t(4)\tWhere the disposal, escape or accidental loss of garbage from a ship to which this regulation applies occurs in a situation referred to in section 24AAD(2)(a), (b) or (c) of the Act, an entry must be made in the ship's garbage record book, by the master of the ship, of the circumstances of, and the reasons for, the disposal, escape or accidental loss.\nMaximum penalty: $2 000.\n\t(5)\tThe master of a ship to which this regulation applies must—\n\t(a)\tsign each completed page of the ship's garbage record book; and\n\t(b)\tensure the garbage record book is kept on board the ship and is available at all times for inspection.\nMaximum penalty: $2 000.\n\t(6)\tThe owner of a ship to which this regulation applies must keep the ship's garbage record book for a period of 2 years after the date of the final entry in the book.\nMaximum penalty: $2 000.\nPart 5—Reporting requirements\n22—Notification of discharges\n\t(1)\tFor the purposes of section 25A(1) and (3) of the Act, a prescribed incident must be notified to the State Marine Pollution Controller by means of a telephone message, a telex message, a radio message or a fax message—\n\t(a)\tconveyed through the Port Adelaide Signal Station of the operator of the port of Port Adelaide or the office of a prescribed officer and containing the name, radio call sign (if any) and position of the ship concerned followed by the name of the person notifying the incident; or\n\t(b)\tconveyed through the Australian Search and Rescue Centre of the Australian Maritime Safety Authority and commencing with the code letters POLREP and containing the name, radio call sign (if any) and position of the ship concerned followed by the name of the person notifying the incident.\n\t(2)\tFor the purposes of section 25A(6) and (7) of the Act, a report in relation to a prescribed incident must be furnished to the State Marine Pollution Controller—\n\t(a)\twithin 24 hours of receipt of a request for a report or within such further time as the State Marine Pollution Controller may allow; and\n\t(b)\tin the form set out in Schedule 1.\n23—Discharge reports occurring other than from ships\n\t(1)\tFor the purposes of section 27(2) of the Act, a report must be furnished to the Minister in relation to the occurrence within 24 hours after receipt of a request for a report, or within such further time as the Minister may allow.\n\t(2)\tFor the purposes of section 27(2) of the Act the form set out in Schedule 1 is the prescribed form.\n24—Discharge reports occurring other than from ships\n\t(1)\tFor the purposes of section 27(2) of the Act, a report must be furnished to the Minister in relation to the occurrence within 24 hours after receipt of a request for a report, or within such further time as the Minister may allow.\n\t(2)\tFor the purposes of section 27(2) of the Act the form set out in Schedule 1 is the prescribed form.\nPart 6—Miscellaneous\n25—Minister may make orders\nThe Minister may, by instrument in writing, make orders for and in relation to—\n\t(a)\tgiving effect to Annexes I, II, III and V to the Convention, other than provisions of those Annexes to which effect is given by a provision of the Act or these regulations; and\n\t(b)\tgiving effect to Article 8 of, and Protocol I to, the Convention, other than provisions of that Article or Protocol to which effect is given by a provision of the Act or these regulations; and\n\t(c)\tthe fixing of fees to be paid in respect of any matters under any such orders.\n26—Fee for deposit of oil record book or cargo record book\nA fee of $40.00 is payable by the owner of a ship for—\n\t(a)\tthe deposit of an oil record book of the ship in accordance with section 13(4) of the Act; or\n\t(b)\tthe deposit of a cargo record book of the ship in accordance with section 23(6) of the Act.\n27—Exemptions\n\t(1)\tFor the purposes of section 41(1)(h) of the Act, each of the following classes of ships is exempt from the provisions of the Act and these regulations:\n\t(a)\tships belonging to an arm of the Defence Forces of Australia or to the naval, military or air forces of another country;\n\t(b)\tships (other than a vessel belonging to an arm of the Defence Forces of Australia or to the naval, military or air forces of another country) that are owned or operated by a State other than Australia and used, for the time being, only on government non‑commercial service.\n\t(2)\tIn subregulation (1)(b)—\nState has the same meaning as in the Convention.\nSchedule 1—Discharge report\n(section 25A and section 27 of Act)\nDetails to be provided below only if applicable and must be provided within 24 hours of receipt of request for report unless further time allowed.\n\t1.\tName and contact details (telephone, address etc) of the person requested to furnish report, being the relevant person with duty to notify of the pollution incident or discharge occurrence:\nIf ship—\nMaster of the ship:\nWhere Master unable to comply, the owner, charterer, manager or operator of the ship or their agents:\nIf vehicle—\nOwner or person in charge of the vehicle; or person responsible for the discharge:\nIf apparatus—\nOwner or person in charge of the apparatus; or person responsible for the discharge:\n\t2.\tPlease tick the relevant occurrence and provide the relevant source information:\n\t☐\tPollution incident for ships\nNote—Pollution incident for a ship includes damage, failure or breakdown of a ship of 15 metres in length or more that—\n\t(i)\taffects the safety of the ship, including collision, grounding, fire, explosion, structural failure, flooding and cargo shifting; or\n\t(ii)\tresults in impairment of the safety of navigation, including failure or breakdown of steering gear, propulsion plant, electrical generating systems or essential shipborne navigational aids.\n\t☐\tDischarge from ship\nFor pollution incident or discharge from ship—provide name, radio call‑sign, flag of ship and type of ship (eg oil tanker, chemical tanker, dry cargo ship), gross tonnage and condition of ship:\n\t☐\tDischarge from vehicle\nProvide type of vehicle and number plate:\n\t☐\tDischarge from apparatus (includes a pipeline, structure on land, oil rig, or any equipment used for the exploration, recovery or storage of oil)\nProvide type of apparatus:\n\t3.\tLocation of pollution incident or discharge\nIf ship—latitude and longitude and also provide position, course and speed of the ship at the time of pollution incident or discharge:\nIf vehicle or apparatus—location on water or land of the discharge, where it was reasonably likely oil or mixture would flow into State waters (latitude and longitude, if known):\n\t4.\tDate and time of pollution incident or discharge (specify which time status used, eg UTC, CST, daylight savings):\n\t5.\tBrief description of the pollution incident or discharge (what, how and why incident/discharge occurred, what damage was sustained, condition of ship/vehicle/apparatus, if any other ship/vehicle/apparatus involved etc):\n\t6.\tType and origin of discharge including the technical name (or, where the technical name is not known, the trade name), UN number, Classification in the International Maritime Dangerous Goods (IMDG) Code (where applicable), name of manufacturer, quantity and concentration, of the harmful substance discharged, or likely to be discharged:\n\t7.\tVolume/quantity of discharge:\n\t8.\tIs the discharge ongoing and/or has been contained?\n\t9.\tWeather, sea and current conditions in the vicinity of the pollution incident or discharge:\n\t10.\tEstimated direction of discharge movement and surface area of the discharge:\n\t11.\tWhat actions have been taken since the pollution incident or discharge to contain the discharge (including any equipment that has been used)?\n\t12.\tWhat assistance (if any) is required or has been provided?\n\t13.\tAny known sensitive areas nearby (eg mangroves, power station inlets, marine parks, conservation parks, Native title or cultural significance to the Indigenous populations etc)?\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal regulations\nYear\nNo\nReference\nCommencement\n2013\n223\nGazette 29.8.2013 p3733\n1.9.2013: r 2\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The regulations appear consistent with their original purpose under the 1987 Act. They operationalise Australia's obligations under the MARPOL Convention across four pollution types (oil, noxious liquids, packaged harmful substances, and garbage) plus reporting requirements. The scope matches the Act's intent to give domestic effect to international maritime pollution prevention standards. No significant mission creep is evident; the miscellaneous provisions (ministerial orders, fees, exemptions) are standard regulatory machinery."},"complexity_factors":["Heavy reliance on external instruments: the regulations incorporate by reference multiple international treaties and protocols (1978 Protocol, MARPOL Convention Annexes I, II, III, V, IMDG Code) without reproducing their text, requiring readers to cross-reference external documents","Nested conditional logic in Part 2: tank washing offences depend on substance categories (A/B/C/D), Special Area status, and applicable regulation paragraphs, creating a matrix of compliance conditions","Multiple overlapping penalty structures: offences distinguish between natural persons and bodies corporate, with varying maximum penalties ($2,000 to $20,000 and imprisonment) scattered across 8 different regulations","Dual interpretation sections (regs 3, 10, 18) with incorporation by reference rules that trigger different definitions depending on context (Act vs Convention vs Annexes)","Redundant regulation numbering: regulations 23 and 24 are identical (both titled \"Discharge reports occurring other than from ships\"), suggesting drafting error or consolidation oversight","Prescribed officer appointments spread across 3 subsections with different statutory purposes, requiring cross-referencing with 6 different sections of the parent Act"],"plain_english_summary":"These regulations set out the practical rules for preventing and managing pollution from ships in South Australian waters. They require ship owners and masters to keep detailed records of oil, chemical, and garbage handling; properly package and label dangerous goods; display pollution warnings; and immediately report any spills or discharges to authorities.\n\n**Who it affects:**\n- **Ship owners and masters** operating in South Australian waters, particularly oil tankers, chemical carriers, and larger vessels (400+ tonnes or 15+ passengers)\n- **Port managers** and marine pollution controllers who oversee compliance\n- **Shippers** sending packaged dangerous goods by sea\n\n**Key requirements:**\n- **Oil and chemical record books:** Ships must carry official logbooks recording every transfer, cleaning, or disposal of oil and noxious liquids, with specific forms matching international standards (the \"1978 Protocol\")\n- **Packaged dangerous goods:** Harmful substances must be packaged, labelled, and stowed according to the International Maritime Dangerous Goods (IMDG) Code — labels must survive 3 months underwater\n- **Garbage management:** Larger ships need written garbage plans, placards for crew, and garbage logbooks recording every disposal or incineration\n- **Immediate reporting:** Any pollution incident must be reported by phone, radio, telex or fax to the State Marine Pollution Controller within 24 hours using a specific form\n- **Tank washing rules:** Special rules apply to washing chemical tanks, with surveys required and penalties up to $5,000 for non-compliance\n\n**Why it matters:**\nThese rules give force to international maritime pollution treaties (MARPOL Convention) in South Australian law. They create a paper trail for enforcement, ensure dangerous cargo is handled safely, and guarantee rapid response when spills occur. Penalties range from $2,000 to $20,000 (and up to 1 year imprisonment for individuals in serious cases), reflecting the environmental stakes of marine pollution."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Unable to assess scope change — no legislative text was provided. The page returned was a website error message, not the regulations themselves. Any scope assessment would be speculative based solely on the title of the instrument."},"complexity_factors":["No legislative text was retrievable — the source URL returned a 404 Page Not Found error","The complexity score reflects the absence of content to analyse, not the inherent complexity of the legislation itself","Marine pollution regulations of this type are typically moderately to highly complex (would likely score 6-8) due to technical definitions, international treaty obligations, and enforcement mechanisms — but this cannot be confirmed without the text"],"plain_english_summary":"The linked regulations page is missing, but from the title this instrument would set rules to prevent pollution of South Australian marine waters from ships—restricting discharges like oil, sewage and garbage—and would likely align with the national Protection of the Sea framework. It would matter to ship operators, ports and regulators because it governs operational obligations, compliance and marine environmental protection."},"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"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"These regulations implement and detail the application of existing international MARPOL obligations and related IMDG Code requirements within the scope of the Protection of Marine Waters (Prevention of Pollution from Ships) Act 1987. They do not expand the subject‑matter beyond preventing pollution from ships as contemplated by the Act; rather they add procedural, documentary and enforcement detail (forms, prescribed officers, penalties, reporting channels and limited exemptions) necessary to give effect to international Annexes at State level."},"complexity_factors":["Multiple external instrument dependencies: direct incorporation of MARPOL Annexes I, II, III and V and the IMDG Code (regs 5,7,9,11,13,20(3))","Numerous cross-references to the principal Act (sections 8,11,13,18,21,23,24AAB,24AAD,25A,27,41) creating layered application logic (see regs 4,6,22–24)","Several distinct regimes packaged into one instrument: oil/noxious liquids, packaged harmful substances, garbage, and reporting (Parts 2–5)","Prescriptive record-keeping and form obligations referencing international appendices (oil/cargo/garbage record-book forms and Schedule 1)","Multiple offence provisions with differing penalties, including imprisonment for individuals for some breaches (reg 12)","Delegated administrative discretion: Ministerial power to make further orders and fix fees (reg 25) and surveyor-authorisation mechanics (reg 9)","Nested operational rules and exceptions: e.g. mapping of international Regulation 8 terminology into domestic references with exceptions and endorsement requirements (reg 9(1)–(6))","Operational compliance steps affecting different actors (masters, owners, shippers, port managers) with obligations on documentation retention and shore deposit (reg 16(d))","Several procedural requirements for incident notification with prescribed channels and formats (reg 22 and Schedule 1)"],"plain_english_summary":"**What these regulations do (mechanically)**\n\n- They translate particular international ship-pollution rules into South Australian law and prescribe how those rules are implemented in State waters. The regulations set out mandatory record-keeping, labelling, stowage, reporting and other operational requirements for ships that carry oil, noxious liquids, packaged harmful substances or garbage. (See regs 5–8, 13–17, 19–21 and Schedule 1.)\n\n- They specify who may act as the State’s enforcement and inspection officers (the State Marine Pollution Controller and port managers) for particular powers under the principal Act. (Reg 4.)\n\n- They require certain ships to carry standard oil and cargo record books in the internationally prescribed forms, and list the specific operations and occurrences that must be recorded. (Regs 5–8.)\n\n- For packaged hazardous cargo, they make compliance with the International Maritime Dangerous Goods (IMDG) Code compulsory for packaging, marking, stowage and quantity limits, and require related shipping documentation and shore copies for port authorities. (Regs 10–16.)\n\n- For garbage, they require placards, a garbage management plan for larger ships, and a garbage record book with retained-page and signing obligations; they also set criminal penalties for breaches. (Regs 19–21.)\n\n- They prescribe how pollution/discharge incidents must be reported to the State Marine Pollution Controller or Minister (communication channels, timing and the form to be used). Schedule 1 is the standard discharge-report form. (Regs 22–24 and Schedule 1.)\n\n- The Minister may make further written orders to give effect to parts of the relevant Annexes of the international Convention and may fix fees; the regulations themselves set a $40 fee for deposit of an oil or cargo record book. (Regs 25–26.)\n\n- They list two classes of ships exempted from the Act and these regulations: (a) Australian Defence Forces ships and (b) non‑Australian State-owned ships used only on non‑commercial government service. (Reg 27.)\n\n\n**Who is affected**\n\n- Masters (captains) and owners of ships operating in South Australian waters: they bear most of the duties (record-keeping, placarding, stowage, reporting) and attract criminal or monetary penalties for breaches (see regs 6, 12, 19–21, 23). \n\n- Shippers and packers of hazardous packaged cargo: they must ensure packaging, marking and documentation complies with the IMDG Code (regs 13, 16). \n\n- The State Marine Pollution Controller and port managers: they are the prescribed officers responsible for receiving reports, inspecting compliance and implementing certain Convention provisions (reg 4, reg 9(4)).\n\n- Surveyors accredited under the Domestic Commercial Vessel law are authorised to implement certain international tank-washing rules (reg 9(2)).\n\n\n**Why it matters (stated purpose and operational effect)**\n\n- The regulations give effect in State law to specific Annexes of the 1978 Protocol to the International Convention for the Prevention of Pollution from Ships (MARPOL) — Annexes I, II, III and V — and to associated IMDG Code requirements (reg 11 and elsewhere). The stated aim is to prevent and control marine pollution from ships by imposing standard international operational controls, documentation and reporting obligations.\n\n\n**Practical consequences, incentives and implementation considerations**\n\n- Who pays and who decides\n  - Costs fall primarily on ship owners, masters and shippers: costs include time and systems for maintaining oil/cargo/garbage record books, marking and repackaging to IMDG standards, producing/storing stowage plans and providing shore copies to port managers (regs 5–8, 13–16, 16(d)). A $40 administrative fee applies for depositing an oil or cargo record book (reg 26).\n  - Enforcement and discretion rest with the State Marine Pollution Controller, port managers and the Minister (reg 4; reg 25 gives the Minister power to make further orders and fix fees).\n\n- Behaviour changes required\n  - Ships must adopt and implement administrative systems: accurate record books, signed pages, retained copies (regs 5–8, 21(5)–(6)); larger ships must carry and follow a garbage management plan and carry a garbage record book (regs 20–21). \n  - Shippers must label and package marine pollutants to IMDG standards and supply certified declarations and stowage plans (regs 13, 16).\n  - Masters must report incidents promptly through specified channels and using the prescribed form (reg 22 and Schedule 1).\n\n- Compliance burden and implementation risk\n  - The regulations rely heavily on external instruments (MARPOL Annexes, IMDG Code and IMO guidance). That reduces drafting duplication but creates dependence on standards set elsewhere and on the regulator to interpret and operationalise them domestically (see regs 9, 11, 13, 20(3)).\n  - Operational burdens are administrative and procedural: record-keeping, signage (placards) and the routine production and retention of stowage plans and reports. For smaller operators those recurring administrative costs may be non-trivial (regs 19–21, 16(d)).\n  - Ministerial powers to make orders and fix fees (reg 25) create scope for further regulatory detail or cost imposition without primary‑law amendment; that centralises choice with the executive.\n\n- Enforcement, penalties and discretion\n  - Offences carry fines and, for carriage of packaged harmful substances, possible imprisonment for individuals (reg 12). Various maximum penalties are set for non‑compliance with record-keeping, placarding and plan requirements (regs 12, 19–21).\n  - The regulations delegate technical implementation to authorised surveyors and require compliance with IMO control procedures when surveyors act under reg 9(5). That channels some regulatory discretion into recognised technical frameworks.\n\n- Effects on private markets and trade\n  - By requiring IMDG compliance, the regulations align State requirements with international trade standards, which helps uniformity for commercial shipping but may increase compliance costs for shippers who previously used non‑IMDG packaging or labelling. \n  - The requirement to deposit stowage plans with port managers (reg 16(d)(ii)) increases administrative transparency for ports, and may enable quicker response to incidents but also imposes an operational step before departure.\n\n- Concentrated benefits, diffuse costs, and substitution effects\n  - Benefits (avoided pollution incidents and clearer incident response) are diffuse and public; compliance costs are borne more narrowly by ship operators and shippers. The regulations also exempt State warships and certain State non‑commercial ships (reg 27), concentrating obligations on commercial operators.\n\n\n**Key cross-references and enforceable points to note**\n- The regulations incorporate specific international forms and provisions: oil record book forms (reg 5 referencing Appendix III, Annex I), cargo record book form (reg 7 referencing Appendix IV, Annex II), IMDG Code obligations (regs 13–16) and MARPOL Annex II washing rules (reg 9).\n- Prescribed reporting channels and timing are strict: initial notification and a 24‑hour rule for fuller reports unless more time is allowed by the Controller/Minister (regs 22–24 and Schedule 1).\n\n\nOverall, these regulations operationalise international anti‑pollution obligations at the State level by setting documentary, labelling, stowage, reporting and administrative rules, allocating enforcement roles to named State officers and establishing specified penalties and limited exemptions."}},"importantCases":[],"_links":{"self":"/api/acts/protection-of-marine-waters-prevention-of-pollution-from-ships-regulations-2013","history":"/api/acts/protection-of-marine-waters-prevention-of-pollution-from-ships-regulations-2013/history","analysis":"/api/acts/protection-of-marine-waters-prevention-of-pollution-from-ships-regulations-2013/analysis","conflicts":"/api/acts/protection-of-marine-waters-prevention-of-pollution-from-ships-regulations-2013/conflicts","importantCases":"/api/acts/protection-of-marine-waters-prevention-of-pollution-from-ships-regulations-2013/important-cases","documents":"/api/acts/protection-of-marine-waters-prevention-of-pollution-from-ships-regulations-2013/documents"}}