99Regulations

99 Regulations (1) The Administrator may make regulations, not inconsistent with this Act, prescribing matters: (a) required or permitted by this Act to be prescribed; or (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act. (2) Without limiting subsection (1), the Regulations may make provision for the following: (a) marine pollution and issues about marine pollution;

Marine Pollution Act 1999 64 (b) a matter necessary or convenient for giving further effect to MARPOL or another treaty, convention or international agreement or document about marine pollution; (c) the way in which the tonnage of a ship is decided; (d) keeping oil pollution emergency plans, including shipboard oil pollution emergency plans; (e) the standard of holding tanks; (f) the standard of reception facilities; (g) keeping records, including, for example, an oil or cargo record book and a garbage record book, and the nature of the entries to be made in the records; (h) the period for which, and the place at which, the records must be kept; (j) records that must be sent to the Chief Executive Officer and their custody or disposal after receipt; (k) imposition of fees; (m) taking and analysis of samples by an analyst; (n) ensuring the integrity and security of samples; (p) prescribing the cost of labour used for a purpose connected with a discharge of pollutant; (q) prescribing penalties for offences against the Regulations, designating an offence against the Regulations to be an environmental offence level 3 or level 4 within the meaning of the Environmental Offences and Penalties Act 1996 or designating an offence against the Regulations to be a regulatory offence; (r) prescribing a person or body to be an enforcement agency for the purposes of the Fines and Penalties (Recovery) Act 2001; (s) provide for the payment of a prescribed amount instead of a penalty that may otherwise be imposed for an offence (other than an environmental offence within the meaning of the Environmental Offences and Penalties Act 1996) against this Act or the Regulations and for the service of a notice relating to payment of the amount on a person alleged to have committed the offence and the particulars to be included in that notice.

Marine Pollution Act 1999 65 (3) Without limiting subsection (1) or (2), a regulation may also be made: (a) giving effect to Annex II, regulation 8 to MARPOL; (b) declaring a stated liquid substance is: (i) designated in Annex II, Appendix II; and (ii) categorised as a category A, B, C or D substance; (c) removing a stated noxious liquid substance from Appendix II; (d) declaring a stated liquid substance has been provisionally assessed under Annex II, regulation 3(4) as a category A, B, C or D substance; (e) recategorising a category A, B, C or D substance; and (f) for a category A substance – declaring a residual concentration stated in the regulation is taken to be the residual concentration prescribed for the substance in Appendix II, column III or IV. (4) The Regulations may provide that contravention of a regulation is an offence, including a regulatory offence, and prescribe a penalty of not more than 100 penalty units. (5) The Regulations may incorporate or adopt by reference the provisions of any document, standard, rule, specification or method formulated, issued, prescribed or published by any authority or body whether: (a) wholly or partly, or as amended by the Regulations; (b) as formulated, issued, prescribed or published at the time the Regulations are made or at any time before then; or (c) as amended after the making of the Regulations. (6) If the Regulations specify in accordance with subsection (5)(c) that a document, standard, rule, specification or method that is incorporated in or adopted by the Regulations may incorporate amendments made to it after the Regulations were made, an amendment to the document, standard, rule, specification or method is of no effect until the Minister has published in the Gazette a notice that the particular amendment is to be incorporated in the Regulations.