New South Wales act

Marine Pollution Act 2012

In ForceNSW

Jurisdiction

New South Wales

Act Number

5 of 2012

Collection

act

Plain English Summary

7/10 complexity

This Act creates a NSW framework to prevent, investigate and penalise vessel‑sourced marine pollution by giving domestic effect to MARPOL Annexes I–V and aligning State rules with Commonwealth arrangements (s2A, s4). It defines who is “responsible” for discharges and sets out technical duties on ships and occupiers — including certification, transfer operation rules, plans and record books — and preserves the former Act’s legal effect for incidents before commencement (s3, s5, s5A, Part 3).

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What it does

This Act creates a comprehensive statutory regime for preventing, responding to and recovering costs from marine pollution in New South Wales State waters. Its object is to enhance protection of State waters from vessel-sourced pollution principally by giving effect to MARPOL (the International Convention for the Prevention of Pollution from Ships) and its Annexes (s 2A). The Act does the following mechanically.

Prohibits specific discharges into State waters (oil, noxious liquid substances, harmful substances packaged, sewage, garbage), and establishes offences with specified maximum penalties for owners, masters, crew and others (see Parts 3-7; e.g. ss 15-17, 29-31, 45-47, 53-55, 60-62).
Creates targeted defences that mirror MARPOL provisions (for example unavoidable damage, safety of life, pollution-combatting action, and specified equipment/process compliance) and preserves separate operation of these defences (see Divisions 2 and 3 of Parts 3-7; see also s 242).
Imposes certification, plan and record-keeping obligations: ship construction and pollution-prevention certificates, shipboard pollution emergency plans, procedures and arrangements manuals, garbage management plans and a range of record books (oil, cargo, garbage), with language and retention rules (see Parts 10-12 and Part 11, eg ss 95-107, 113-121, 124-135).
Establishes reporting duties for masters and others where a “reportable incident” has occurred, with penalties for failure and protections for the content of reports in prosecutions (see Part 9, ss 86-94; note s 94 which makes certain reports inadmissible without the person’s consent).
Provides powers for the Minister, inspectors and authorised persons to take preventative and clean-up action, to issue several kinds of marine environment protection notices (clean-up, prevention, prohibition, removal), and to recover costs and order compliance (Parts 15-16, ss 183, 193-206). The Minister may act directly and may require responsible persons to take action; the Minister may also cause action to be taken and recover expenses (ss 183, 203, 184, 205-206).

Current sections

Direct links to the current provisions in Marine Pollution Act 2012.

269

Part 1

Preliminary

Part 1 Preliminary

Name of Act

1 Name of Act

This Act is the Marine Pollution Act 2012.

Commencement

2 Commencement

This Act commences on a day or days to be appointed by proclamation.

Object of Act

2A Object of Act

(1) The object of this Act is to enhance the protection of New South Wales State waters from marine pollution from vessels.

(2) This object is to be achieved primarily by giving effect to the relevant provisions of the following Annexes of MARPOL—

• Annex I, which deals with prevention of pollution by oil,

• Annex II, which deals with control of pollution by noxious liquid substances in bulk,

• Annex III, which deals with prevention of pollution by harmful substances in packaged form,

• Annex IV, which deals with prevention of pollution by sewage,

• Annex V, which deals with prevention of pollution by garbage.

(3) The object is also to be achieved by providing—

(a) an approach to protecting New South Wales State waters from ship-sourced pollutants that is complementary to the approach of the Commonwealth, and

(b) an effective framework for the protection of New South Wales State waters from pollution from vessels, and

(c) for the investigation of marine pollution incidents and for appropriate action following a marine pollution incident, and

(d) for the imposition of penalties on persons who pollute New South Wales State waters in contravention of this Act.

s 2A: Ins 2021 No 8, Sch 1.1[1].

Definitions

3 Definitions

In this Act—

Australian ship means—

(a) a ship registered in Australia, or

(b) an unregistered ship having Australian nationality.

cargo record book, in relation to a ship, means a book required to be carried on board the ship by section 124.

certified—

(a) in relation to a ship with a home port in this State—means certified by Transport for NSW or the Australian Maritime Safety Authority, or

(b) in relation to an Australian ship with a home port outside this State—means certified by the Australian Maritime Safety Authority or by the interstate maritime authority that regulates its home port, or

(c) in relation to a ship having nationality outside Australia—means certified by the relevant national maritime authority of the country whose flag the ship is entitled to fly.

discharging includes jettisoning.

foreign ship means a ship that is not an Australian ship.

function includes a power, authority or duty, and exercise a function includes perform a duty.

garbage discharge requirements placard, in relation to a ship, means a placard required to be displayed on the ship by section 110.

garbage management plan, in relation to a ship, means a plan required to be carried on board the ship by section 107.

garbage record book—

(a) in relation to a ship—means a book required to be carried on board the ship by section 135, or

(b) in relation to a platform—means a book required to be carried on the platform by section 136.

Government ship has the same meaning as in section 13 (1) of the Protection of the Sea (Civil Liability) Act 1981 of the Commonwealth.

harmful substance means a substance that is identified as a marine pollutant in the International Maritime Dangerous Goods Code and includes a substance that meets the criteria in the Appendix of Annex III of MARPOL.

inspector means a person who is appointed under section 226 to be an inspector for the purposes of this Act.

International Maritime Dangerous Goods Code means the Code adopted by the International Maritime Organization by resolution A.716(17), as amended from time to time.

jettisoning includes leakage and accidental discharge or loss overboard.

large ship means a ship—

(a) that has a gross tonnage of 400 or more, or

(b) that has a gross tonnage of less than 400 and that is certified to carry more than 15 persons, or

(c) that does not have a measured tonnage and is certified to carry more than 15 persons.

marine pollutant means any one, or any combination, of the following substances (whether in bulk, packaged or another form)—

(a) oil,

(b) a noxious liquid substance,

(c) a harmful substance, whether or not in packaged form,

(d) sewage,

(e) garbage.

MARPOL means the International Convention for the Prevention of Pollution from Ships, 1973—

(a) as corrected by the Proces-Verbal of Rectification dated 13 June 1978, and

(b) as affected by any amendment made under Article 16 of MARPOL, other than an amendment not accepted by Australia or that has not entered into force in Australia, and

(c) as modified and added to by the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973, as affected by any amendment to that Protocol made under Article VI of that Protocol other than an amendment not accepted by Australia or that has not entered into force in Australia.

Note.

The full text of the 1973 Convention and the 1978 Protocol referred to in this definition (including all amendments) can be found by searching for “MARPOL” on the website of the Australian Maritime Safety Authority (www.amsa.gov.au). The amendments accepted by Australia are the amendments reproduced on that website.

master, in relation to a ship, means a person, other than a pilot, having command or charge of the ship.

mixture includes ballast water, tank washings and other residues.

NSW sewage pollution prevention certificate means a certificate issued under section 155 (3).

occupier—

(a) in relation to a place on land (other than a pipeline) means—

(i) the person exercising personally or by employees or agents the right of occupation of the land, or

(ii) if there is no occupier—the owner of the land, and, in the case of a vehicle, includes the person in charge and the owner of the vehicle, but does not include the occupier or owner of the land on or over which the vehicle stands or moves, and

(b) in relation to a pipeline means—

(i) the owner of the pipeline, and

(ii) the lessee, licensee or user of any lease, licence or right of user for the use of the pipeline for the carriage of oil or a noxious liquid substance or any combination of those substances (whether in bulk, packaged or another form).

oil record book, in relation to a ship, means a book required to be carried on board the ship by section 113.

overseas voyage has the same meaning as in the Navigation Act 2012 of the Commonwealth.

packaged form means a form of containment specified for harmful substances in the International Maritime Dangerous Goods Code.

place on land includes the following—

(a) any structure or apparatus on or above or below the surface of any land,

(b) any thing or vehicle resting on or moving over land,

(c) any thing resting on or lying under the bed, bank or shore of any State waters,

(d) a pipeline,

(e) any thing afloat (other than a ship) if it is anchored or attached to the bed, bank or shore of any State waters or is used in any operation for the exploration of the sea-bed or subsoil beneath any State waters or for the exploitation of the natural resources of that sea-bed or subsoil.

port has the same meaning as in the Ports and Maritime Administration Act 1995.

Port Authority of New South Wales means the Port Authority of New South Wales established under the Ports and Maritime Administration Act 1995.

procedures and arrangements manual, in relation to a ship, means a manual for the ship required to be carried on board the ship by section 104.

recreational vessel means a vessel used wholly for the purpose of recreational or sporting activities and not for hire or reward.

responsible—see section 5.

ship means a vessel of any type capable of being used on or in water and includes—

(a) a hydrofoil boat, or

(b) an air-cushion vehicle, or

(c) a submersible or submarine, or

(d) a floating craft, or

(e) a fixed or floating platform, or

(f) a barge (whether self-propelled or not), or

(g) a sea-plane, or

(h) a floating dock (whether self-propelled or not).

shipboard marine pollution emergency plan for noxious liquid substances, in relation to a ship, means a plan required to be carried on board the ship by section 100.

shipboard oil pollution emergency plan, in relation to a ship, means a plan required to be carried on board the ship by section 95.

State waters means—

(a) coastal waters of the State, within the meaning of Part 10 of the Interpretation Act 1987, and

(b) waters within the limits of the State.

strictly prohibited oily mixture means a mixture that contains oil and that also contains—

(a) chemicals or other substances in quantities or concentrations that are hazardous to the marine environment, or

(b) chemicals or other substances that have been introduced for the purpose of attempting to prevent the application of section 15, 16 or 17 to the discharge of a mixture containing oil from a ship.

transfer operation—see section 5A.

unavoidable damage, in relation to a ship, means any damage other than the following—

(a) damage deliberately caused by the master or owner of, or a member of the crew of, the ship,

(b) damage recklessly caused by the master or owner of, or a member of the crew of, the ship, with the knowledge that damage would probably result,

(c) damage arising as a result of the negligence of the master or owner of, or a member of the crew of, the ship,

(d) deterioration resulting from failure to maintain the ship or equipment,

(e) defects that develop during the normal operation of the ship or equipment.

uncategorised noxious liquid substance means a liquid substance—

(a) that has not been categorised in accordance with Regulation 6.1 of Annex II of MARPOL, and

(b) that has not been provisionally assessed in accordance with Regulation 6.3 of Annex II of MARPOL.

s 3: Am 2020 No 30, Sch 4.40[1]; 2021 No 8, Schs 1.1[2]–[7], 1.2[1]; 2025 No 66, Sch 4.4.

Expressions used in this Act and MARPOL

4 Expressions used in this Act and MARPOL

(1) An expression used in this Act that is also used in MARPOL (whether or not a particular meaning is assigned to it by MARPOL), has in this Act the same meaning as in MARPOL.

(2) Except as far as the context or subject matter otherwise indicates or requires, if a word or expression is defined in MARPOL (including Protocol I or an Annex of MARPOL) and this Act—

(a) this Act’s definition does not limit or exclude, but may extend, the meaning of the word or expression given under MARPOL, and

(b) the definitions are to be read in the context of each other and the other provisions of this Act, but, if the definitions so read are inconsistent, the MARPOL definition is displaced.

s 4: Am 2021 No 8, Sch 1.2[2].

Meaning of “responsible”

5 Meaning of “responsible”

For the purposes of this Act, a person is responsible for a discharge if that person, or another person acting under the direction of that person, committed an act that caused the discharge and the person committed the act—

(a) with intent to cause the discharge, or

(b) recklessly and with the knowledge that the discharge would probably result, or

(c) negligently.

Meaning of ”transfer operation”

5A Meaning of ”transfer operation”

For the purposes of this Act, transfer operation—

(a) means an operation that is involved in the preparation for, or in the commencement of, carrying on or termination of, a transfer of oil or a noxious liquid substance or a combination of those substances, whether in bulk, packaged or another form, to or from a ship or a place on land, but

(b) does not include a transfer of oil cargo at sea between oil tankers with a gross tonnage of 150 or more, to which Chapter 8 of Annex I of MARPOL applies.

s 5A: Ins 2021 No 8, Sch 1.1[8].

References to ”certified to carry”

5B References to ”certified to carry”

(1) A reference in this Act to a ship that is certified to carry a number of persons is taken to include a ship displaying, on an Australian Builders Plate, information about the maximum number of persons the ship may carry if the ship is fitted with an Australian Builders Plate containing the information.

(2) In this section—

Australian Builders Plate means a plate issued in accordance with the National Standard for the Australian Builders Plate for Recreational Boats developed by the National Marine Safety Committee, as in force from time to time.

s 5B: Ins 2021 No 8, Sch 1.1[8].

Time when ship taken to be proceeding on voyage

6 Time when ship taken to be proceeding on voyage

For the purposes of the Act, a ship is taken to be proceeding on a voyage from the time when it is got under way for the purpose of proceeding on the voyage until the time when it is got under way for the purpose of proceeding on another voyage.

s 6: Am 2021 No 8, Sch 1.1[9].

References to tonnage

7 References to tonnage

(1) A reference in this Act to the gross tonnage of a ship not expressed in tons is, in the application of this Act to a non-TMC ship, taken to be a reference to the gross tonnage of the ship expressed in tons.

(2) In this section—

non-TMC ship means a ship the gross tonnage of which has been determined otherwise than in accordance with the Tonnage Convention.

Tonnage Convention has the same meaning as in the Navigation Act 2012 of the Commonwealth.

s 7: Am 2021 No 8, Schs 1.1[10] [11], 1.2[3].

Notes

8 Notes

Notes and examples included in this Act do not form part of this Act.

Note.

To assist the reader, many provisions of this Act contain editor’s notes drawing attention to the provision of MARPOL that the provision of the Act gives effect to.

s 8: Am 2021 No 8, Sch 1.1[12].

Part 2

Application of Act

Part 2 Application of Act

Saving of other laws

9 Saving of other laws

This Act is to be read and construed as being in addition to, and not in derogation of, any other law of the State.

Note.

It is noted that section 7 (3) of the Protection of the Environment Operations Act 1997 provides that this Act prevails over that Act.

s 9: Am 2021 No 8, Sch 1.2[4].

Act subject to Ports and Maritime Administration Act 1995

10 Act subject to Ports and Maritime Administration Act 1995

This Act is subject to the Ports and Maritime Administration Act 1995.

s 10: Am 2021 No 8, Sch 1.2[5].

Detention of ships and holding of security over them: exclusion of matters from operation of Commonwealth Act

11 Detention of ships and holding of security over them: exclusion of matters from operation of Commonwealth Act

(1) The exercise, while a ship is compulsorily detained under this Act, of a right of seizure created by the Commonwealth Act is declared to be an excluded matter for the purposes of section 259 of the Commonwealth Act in relation to section 123 of that Act.

(2) The priority given to interests (within the meaning of the Commonwealth Act) by Division 2 of Part 2.6 of the Commonwealth Act, to the extent that it would give priority to such an interest over a statutory State interest in a ship, is declared to be an excluded matter for the purposes of section 259 of the Commonwealth Act in relation to Division 2 of Part 2.6 of that Act.

(3) In this section—

Commonwealth Act means the Personal Property Securities Act 2009 of the Commonwealth.

compulsorily detained under this Act, in relation to a ship, means the detention of the ship under section 176, 186, 208, 221 or 237 of this Act.

right of seizure created by the Commonwealth Act means a right under section 123 of the Commonwealth Act of a secured party (within the meaning of that Act) to seize collateral in the form of a ship.

statutory State interest means an interest of the Minister under a security provided in compliance with section 186, 208, 223 or 237 of this Act.

Note.

New South Wales has referred certain matters relating to security interests in personal property to the Commonwealth, which means that the Commonwealth Parliament has power under section 51(xxxvii) of the Commonwealth Constitution to make laws in respect of those matters. The Commonwealth Parliament passed the Personal Property Securities Act 2009. Normally a law of the Commonwealth prevails over a State law to the extent of any inconsistency between them (see section 109 of the Commonwealth Constitution). However, section 259 of the Personal Property Securities Act 2009 of the Commonwealth provides that a law of a referring State can declare a matter to be an excluded matter for the purposes of that section. If that is done, the Personal Property Securities Act 2009 does not apply in relation to the excluded matter. This section excludes certain matters in relation to certain provisions of the Commonwealth Act.

s 11: Am 2021 No 8, Sch 1.1[13].

Application of Act to mixtures of marine pollutants

12 Application of Act to mixtures of marine pollutants

(1) In this Act, a reference to a discharge of a marine pollutant or a residue includes a reference to a discharge of a mixture that contains that marine pollutant or residue.

(2) If a mixture that contains more than one marine pollutant is discharged into State waters—

(a) if one of the pollutants discharged is garbage—see section 66A, or

(b) otherwise—each of the applicable Parts in relation to each of the marine pollutants in the mixture applies in relation to the mixture.

(3) However, a person is not liable to be convicted of an offence under more than one applicable Part in respect of the same discharge of a mixture.

(4) In this section—

applicable Part means—

(a) in relation to oil—Part 3, or

(b) in relation to a noxious liquid substance—Part 4, or

(c) in relation to a harmful substance—Part 5, or

(d) in relation to sewage—Part 6.

s 12: Am 2021 No 8, Sch 1.1[14][15].

Discharge outside State waters that enters State waters

13 Discharge outside State waters that enters State waters

(1) The discharge of a marine pollutant onto or into any land or waters, or any structure or thing, that occurs outside State waters is, for the purposes of this Act, taken to be a discharge into State waters of the marine pollutant if the whole or any part of the marine pollutant enters any State waters.

(2) The discharge is taken to happen when the discharged marine pollutant enters State waters.

(3) Despite subsections (1) and (2), a person is not liable to prosecution for an offence under this Act if—

(a) the discharge of a marine pollutant occurs and is taken to be a discharge of the marine pollutant into State waters by operation of this section, and

(b) a provision of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 of the Commonwealth applies to the discharge giving effect to the following regulations of MARPOL—

(i) for the discharge of oil or oily mixtures from the cargo area of an oil tanker—Regulation 34 of Annex I of MARPOL,

(ii) for the discharge of Category X substances—Regulations 13.2.1 and 13.6.1 of Annex II of MARPOL,

(iii) for the discharge of Category Y substances and Category Z substances from ships constructed on or after 1 January 2007—Regulations 13.2.1 and 13.7.1 of Annex II of MARPOL,

(iv) for the discharge of Category Z substances from ships constructed before 1 January 2007—Regulations 13.2.1 and 13.2.2 of Annex II of MARPOL,

(v) for the discharge of comminuted and disinfected sewage—Regulation 11.1.1 of Annex IV of MARPOL,

(vi) for the discharge of sewage that is not comminuted or disinfected—Regulation 11.1.1 of Annex IV of MARPOL,

(vii) for the discharge of comminuted or ground food waste—Regulation 4.1.1 of Annex V of MARPOL,

(viii) for the discharge of food waste that is not comminuted or ground—Regulation 4.1.2 of Annex V of MARPOL,

(ix) for the discharge of cargo residues that cannot be recovered using commonly available methods for unloading—Regulation 4.1.3 of Annex V of MARPOL,

(x) for the discharge of animal carcasses—Regulation 4.1.4 of Annex V of MARPOL,

(xi) for the discharge of cleaning agents or additives contained in cargo hold, deck and external surfaces wash water—Regulation 4.2 of Annex V of MARPOL,

(xii) for the discharge of garbage from fixed or floating platforms or other ships when alongside or within 500 metres of a fixed or floating platform—Regulation 5 of Annex V of MARPOL.

s 13: Am 2021 No 8, Schs 1.1[16], 1.2[6].

Discharges to which Act does not apply

14 Discharges to which Act does not apply

(1) This Act does not apply to the following discharges—

(a) the release of relevant harmful substances directly arising from the exploration, exploitation and associated off-shore processing of sea-bed mineral resources,

(b) the release of relevant harmful substances for purposes of legitimate scientific research into pollution abatement or control,

(c) dumping within the meaning of the 1996 Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter 1972, done at London on 7 July 1996, as amended and in force for Australia from time to time.

Note.

The 1996 Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972 defines dumping as—

(a) any deliberate disposal into the sea of wastes or other matter from vessels, aircraft, platforms or other man-made structures at sea,

(b) any deliberate disposal into the sea of vessels, aircraft, platforms or other man-made structures at sea,

(c) any storage of wastes or other matter in the seabed and the subsoil thereof from vessels, aircraft, platforms or other man-made structures at sea,

(d) any abandonment or toppling at site of platforms or other man-made structures at sea, for the sole purpose of deliberate disposal.

Under that Convention, dumping does not include—

(a) the disposal into the sea of wastes or other matter incidental to, or derived from the normal operations of vessels, aircraft, platforms or other man-made structures at sea and their equipment, other than wastes or other matter transported by or to vessels, aircraft, platforms or other man-made structures at sea, operating for the purpose of disposal of such matter or derived from the treatment of such wastes or other matter on such vessels, aircraft, platforms or other man-made structures,

(b) placement of matter for a purpose other than the mere disposal thereof, provided that such placement is not contrary to the aims of the Protocol, and

(c) abandonment in the sea of matter (e.g. cables, pipelines and marine research devices) placed for a purpose other than the mere disposal thereof.

(2) In this section—

relevant harmful substances—

(a) means a substance which, if introduced into the sea, is liable to—

(i) create hazards to human health, or

(ii) harm living resources and marine life, or

(iii) damage amenities, or

(iv) interfere with other legitimate uses of the sea, and

(b) includes a substance subject to control by MARPOL.

Editor’s note.

See Article 2 of the International Convention for the Prevention of Pollution from Ships, 1973.

s 14: Subst 2021 No 8, Sch 1.1[17].

Part 3

Prevention of pollution by oil

Part 3 Prevention of pollution by oil

Division 1

Offences relating to discharge of oil

Division 1 Offences relating to discharge of oil

Editor’s note.

See Reg 15.1 of Annex I of MARPOL.

pt 3, div 1, note: Ins 2021 No 8, Sch 1.2[7].

Discharging oil into State waters from a ship prohibited

15 Discharging oil into State waters from a ship prohibited

(1) The master and the owner of a ship are each guilty of an offence if any oil is discharged from the ship into State waters.

Maximum penalty—

(a) in the case of an individual—$500,000, or

(b) in the case of a corporation—$10,000,000.

(2) In proceedings for an offence against this section in relation to a ship—

(a) it is sufficient for the prosecution to allege and prove that oil was discharged from the ship into State waters, but

(b) it is a defence if it is proved that, by virtue of Division 2, this section does not apply in relation to the discharge.

s 15: Am 2021 No 8, Sch 1.2[8].

Causing discharge of oil into State waters from a ship prohibited

16 Causing discharge of oil into State waters from a ship prohibited

(1) A crew member of a ship is guilty of an offence if the crew member’s act causes any oil to be discharged from the ship into State waters.

Maximum penalty—$500,000.

(2) A person involved in the operation or maintenance of a ship is guilty of an offence if the person’s act causes any oil to be discharged from the ship into State waters.

Maximum penalty—

(a) in the case of an individual—$500,000, or

(b) in the case of a corporation—$10,000,000.

(3) In proceedings for an offence against this section in relation to a ship—

(a) it is sufficient for the prosecution to allege and prove that—

(i) oil was discharged from the ship into State waters, and

(ii) the crew member or person involved in the operation or maintenance of the ship committed an act that caused the discharge, but

(b) it is a defence if it is proved that, by virtue of Division 2, this section does not apply in relation to the discharge.

s 16: Am 2021 No 8, Sch 1.2[9].

Offence of being responsible for discharge of oil into State waters from a ship

17 Offence of being responsible for discharge of oil into State waters from a ship

A person responsible for the discharge of any oil from a ship into State waters is guilty of an offence.

Maximum penalty—

(a) in the case of an individual—$500,000, or

(b) in the case of a corporation—$10,000,000.

s 17: Am 2021 No 8, Sch 1.2[10].

Division 2

Defences

Division 2 Defences

Defence if discharge was caused by damage to ship or equipment

18 Defence if discharge was caused by damage to ship or equipment

Division 1 does not apply to the discharge of oil from a ship if—

(a) the oil escaped from the ship in consequence of unavoidable damage to the ship or its equipment, and

(b) all reasonable precautions were taken after the occurrence of the damage or the discovery of the discharge for the purpose of preventing or minimising the escape of the oil.

Editor’s note.

See Reg 4.2 of Annex I of MARPOL.

s 18: Am 2021 No 8, Sch 1.2[11] [12].

Defence if discharge was to secure safety or save life

19 Defence if discharge was to secure safety or save life

Division 1 does not apply to the discharge of oil from a ship for the purpose of securing the safety of a ship or saving life at sea.

Editor’s note.

See Reg 4.1 of Annex I of MARPOL.

s 19: Am 2021 No 8, Sch 1.2[13] [14].

Defence if discharge was for purpose of combating pollution

20 Defence if discharge was for purpose of combating pollution

Division 1 does not apply to the discharge of a mixture containing oil from a ship if the discharge was for the purpose of combating specific pollution incidents in order to minimise the damage from pollution and was approved by an officer prescribed by the regulations for the purposes of this section.

Editor’s note.

See Reg 4.3 of Annex I of MARPOL.

s 20: Am 2021 No 8, Sch 1.2[15] [16].

Defence if discharge was authorised for training

21 Defence if discharge was authorised for training

Division 1 does not apply to the discharge of oil from a ship if the discharge was authorised by the Minister for training purposes.

s 21: Am 2021 No 8, Sch 1.2[17].

Defence for certain ships 400 tons or more and oil tankers

22 Defence for certain ships 400 tons or more and oil tankers

Division 1 does not apply to the discharge of oil from a ship if—

(a) (Repealed)

(b) the ship has a gross tonnage of equal to or greater than 400, and

(c) the ship is proceeding en route, and

(d) in the case of a mixture containing oil, the mixture is processed using oil filtering equipment meeting the requirements set out by the regulations referred to in section 9 (4) (a) (iii) of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 of the Commonwealth, and

(e) the oil content of the effluent without dilution does not exceed 15 parts in 1,000,000 parts, and

(f) the mixture is not a strictly prohibited oily mixture, and

(g) in the case of a mixture containing oil that is discharged from an oil tanker—

(i) the mixture does not originate from the cargo pump room bilges of the ship, and

(ii) the mixture is not mixed with oil cargo residue.

Editor’s note.

See Regs 15.2 and 15.8 of Annex I of MARPOL.

s 22: Am 2021 No 8, Schs 1.1[18] [19], 1.2[18].

23

23 (Repealed)

Defence for smaller ships and oil tankers

24 Defence for smaller ships and oil tankers

Division 1 does not apply to the discharge of oil from a ship if—

(a) the ship has a gross tonnage of less than 400, and

(b) the ship is proceeding en route, and

(c) the ship has in operation equipment, of a kind that meets the requirements set out by the regulations referred to in section 9 (4) (c) (iii) of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 of the Commonwealth, that ensures that the oil content of the effluent without dilution does not exceed 15 parts in 1,000,000 parts, and

(d) the mixture is not a strictly prohibited oily mixture, and

(e) in the case of a mixture containing oil discharged from an oil tanker—

(i) the mixture does not originate from the cargo pump room bilges of the ship, and

(ii) the mixture is not mixed with oil cargo residue.

Editor’s note.

See Regs 15.6 and 15.8 of Annex I of MARPOL.

s 24: Am 2021 No 8, Sch 1.2[19] [20].

Defence for discharge of clean or segregated ballast from oil tankers

25 Defence for discharge of clean or segregated ballast from oil tankers

Division 1 does not apply to the discharge from the cargo area of an oil tanker of clean or segregated ballast.

Editor’s note.

See Reg 34.2 of Annex I of MARPOL.

s 25: Am 2021 No 8, Sch 1.2[21] [22].

Division 3

Offence relating to oil residues

Division 3 Offence relating to oil residues

Failing to retain oil residues

26 Failing to retain oil residues

(1) The master and the owner of a ship are each guilty of an offence if any oil residues that cannot be discharged from the ship into State waters without the commission of an offence against section 15 are not retained on board the ship while the ship is in State waters.

Maximum penalty—

(a) in the case of an individual—$500,000, or

(b) in the case of a corporation—$10,000,000.

Example.

A ship leaves Port A with a quantity of oil residue held in a tank or space and, without leaving State waters, arrives at Port B with a lesser quantity in the tank or space. This subsection places an onus on the ship’s master to explain why there is a discrepancy in the quantity.

(2) Despite subsection (1), oil residues may be discharged from a ship to a reception facility provided in accordance with Regulation 38 of Annex I of MARPOL.

s 26: Am 2021 No 8, Sch 1.2[23].

Part 4

Prevention of pollution by noxious liquid substances

Part 4 Prevention of pollution by noxious liquid substances

Carrying uncategorised noxious liquid substances prohibited

27 Carrying uncategorised noxious liquid substances prohibited

(1) The master and the owner of an Australian ship are each guilty of an offence if an uncategorised noxious liquid substance, or a mixture that contains an uncategorised noxious liquid substance, is carried as cargo or part cargo in bulk on the ship in State waters.

Maximum penalty—

(a) in the case of an individual—$6,600, or

(b) in the case of a corporation—$33,000.

(2) In proceedings for an offence against this section in relation to a ship it is sufficient for the prosecution to allege and prove that an uncategorised noxious liquid substance, or a mixture that contains an uncategorised noxious liquid substance, was carried as cargo or part cargo in bulk on the ship in State waters.

s 27: Am 2021 No 8, Schs 1.1[21], 1.2[25] .

Causing carriage of uncategorised noxious liquid substances prohibited

28 Causing carriage of uncategorised noxious liquid substances prohibited

A person is guilty of an offence if the person causes an uncategorised noxious liquid substance, or a mixture that contains an uncategorised noxious liquid substance, to be carried as cargo or part cargo in bulk on an Australian ship in State waters.

Maximum penalty—

(a) in the case of an individual—$22,000, or

(b) in the case of a corporation—$110,000.

s 28: Am 2021 No 8, Schs 1.1[21], 1.2[25] .

Discharging noxious liquid substances into State waters from ship prohibited

29 Discharging noxious liquid substances into State waters from ship prohibited

(1) The master and the owner of a ship that is subject to a chemical tanker construction certificate certifying the ship to carry noxious liquid substances in bulk are each guilty of an offence if any noxious liquid substance is discharged from the ship into State waters.

Maximum penalty—

(a) in the case of an individual—$500,000, or

(b) in the case of a corporation—$10,000,000.

(2) In proceedings for an offence against this section in relation to a ship—

(a) it is sufficient for the prosecution to allege and prove that—

(i) the ship was a ship subject to a chemical tanker construction certificate certifying the ship to carry noxious liquid substances in bulk, and

(ii) a noxious liquid substance was discharged from the ship into State waters, but

(b) it is a defence if it is proved that, by virtue of Division 3, this section does not apply in relation to the discharge.

s 29: Am 2021 No 8, Sch 1.2[27].

Causing discharge of noxious liquid substances into State waters from ship prohibited

30 Causing discharge of noxious liquid substances into State waters from ship prohibited

(1) A crew member of a ship that is subject to a chemical tanker construction certificate certifying the ship to carry noxious liquid substances in bulk is guilty of an offence if the crew member’s act causes any noxious liquid substance to be discharged from the ship into State waters.

Maximum penalty—$500,000.

(2) A person involved in the operation or maintenance of a ship that is subject to a chemical tanker construction certificate certifying the ship to carry noxious liquid substances in bulk is guilty of an offence if the person’s act causes any noxious liquid substance to be discharged from the ship into State waters.

Maximum penalty—

(a) in the case of an individual—$500,000, or

(b) in the case of a corporation—$10,000,000.

(3) In proceedings for an offence against this section in relation to a ship—

(a) it is sufficient for the prosecution to allege and prove that—

(i) the ship was a ship subject to a chemical tanker construction certificate certifying the ship to carry noxious liquid substances in bulk, and

(ii) a noxious liquid substance was discharged from the ship into State waters, and

(iii) the crew member or person involved in the operation or maintenance of the ship committed an act that caused the discharge, but

(b) it is a defence if it is proved that, by virtue of Division 3, this section does not apply in relation to the discharge.

s 30: Am 2021 No 8, Sch 1.2[28].

Offence of being responsible for discharge of noxious liquid substances into State waters from a ship

31 Offence of being responsible for discharge of noxious liquid substances into State waters from a ship

A person responsible for the discharge of any noxious liquid substance into State waters from a ship that is subject to a chemical tanker construction certificate certifying the ship to carry noxious liquid substances in bulk is guilty of an offence.

Maximum penalty—

(a) in the case of an individual—$500,000, or

(b) in the case of a corporation—$10,000,000.

s 31: Am 2021 No 8, Sch 1.2[29].

Defence if discharge was caused by damage to ship or equipment

32 Defence if discharge was caused by damage to ship or equipment

Division 2 does not apply to the discharge of a noxious liquid substance from a ship if—

(a) the noxious liquid substance escaped from the ship in consequence of unavoidable damage to the ship or its equipment, and

(b) all reasonable precautions were taken after the occurrence of the damage or the discovery of the discharge for the purpose of preventing or minimising the escape of the noxious liquid substance.

Editor’s note.

See Reg 3.1.2 of Annex II of MARPOL.

s 32: Am 2021 No 8, Sch 1.2[30] [31].

Defence if discharge was to secure safety or save life

33 Defence if discharge was to secure safety or save life

Division 2 does not apply to the discharge of a noxious liquid substance from a ship for the purpose of securing the safety of a ship or saving life at sea.

Editor’s note.

See Reg 3.1.1 of Annex II of MARPOL.

s 33: Am 2021 No 8, Sch 1.2[32] [33].

Defence if discharge was for purpose of combating pollution

34 Defence if discharge was for purpose of combating pollution

Division 2 does not apply to the discharge of a noxious liquid substance from a ship if the discharge was for the purpose of combating specific pollution incidents in order to minimise the damage from pollution and was approved by an officer prescribed by the regulations for the purposes of this section.

Editor’s note.

See Reg 3.1.3 of Annex II of MARPOL.

s 34: Am 2021 No 8, Sch 1.2[34] [35].

35

35–39 (Repealed)

Defence for discharge of bilge water

40 Defence for discharge of bilge water

Division 2 does not apply to the discharge from a ship of bilge water, or of a mixture resulting from tank cleaning or de-ballasting operations, that contains one or more noxious liquid substances referred to in Regulation 6.1.4 of Annex II of MARPOL but does not contain any other noxious liquid substance.

Editor’s note.

See Reg 6.1.4 of Annex II of MARPOL.

s 40: Am 2021 No 8, Sch 1.2[36] [37].

Defence for discharge of clean ballast or segregated ballast

41 Defence for discharge of clean ballast or segregated ballast

(1) Division 2 does not apply to the discharge from a ship of clean ballast or segregated ballast.

(2) In this section, clean ballast and segregated ballast have the same meaning as in Annex II of MARPOL.

Editor’s note.

See Reg 13.7.2.3 of Annex II of MARPOL.

s 41: Am 2021 No 8, Sch 1.2[38] [39].

Division 4

Cleaning of tanks of ships

Division 4 Cleaning of tanks of ships

Regulations may make provision for cleaning of tanks of ships

42 Regulations may make provision for cleaning of tanks of ships

The regulations may make provision for and in relation to giving effect to Regulations 13 and 16 of Annex II of MARPOL.

Editor’s note.

See Regs 13 and 16 of Annex II of MARPOL.

s 42: Am 2021 No 8, Sch 1.2[40] [41].

Part 5

Prevention of pollution by harmful substances in packaged form

Part 5 Prevention of pollution by harmful substances in packaged form

Certain carriage of harmful substances in packaged form prohibited

43 Certain carriage of harmful substances in packaged form prohibited

(1) The master and the owner of a ship are each guilty of an offence if a harmful substance in packaged form is carried on the ship in State waters otherwise than in accordance with the regulations.

Maximum penalty—

(a) in the case of an individual—$2,200, or

(b) in the case of a corporation—$5,500.

(2) In proceedings for an offence against this section in relation to a ship, it is sufficient for the prosecution to allege and prove that a harmful substance in packaged form was carried on the ship in State waters otherwise than in accordance with the regulations.

s 43: Am 2021 No 8, Sch 1.2[43].

Causing certain carriage of harmful substances in packaged form prohibited

44 Causing certain carriage of harmful substances in packaged form prohibited

A person is guilty of an offence if the person causes a harmful substance in packaged form to be carried on a ship in State waters otherwise than in accordance with the regulations.

Maximum penalty—

(a) in the case of an individual—$2,200, or

(b) in the case of a corporation—$5,500.

s 44: Am 2021 No 8, Sch 1.2[43].

Jettisoning of harmful substances in packaged form into State waters from ship prohibited

45 Jettisoning of harmful substances in packaged form into State waters from ship prohibited

(1) The master and the owner of a ship are each guilty of an offence if a harmful substance in packaged form carried on the ship is jettisoned from the ship into State waters.

Maximum penalty—

(a) in the case of an individual—$55,000, or

(b) in the case of a corporation—$275,000.

(2) In proceedings for an offence against this section in relation to a ship—

(a) it is sufficient for the prosecution to allege and prove that a harmful substance in packaged form was jettisoned from the ship into State waters, but

(b) it is a defence if it is proved that, by virtue of Division 3, this section does not apply in relation to the jettisoning.

ss 45–47: Am 2021 No 8, Sch 1.2[45].

Causing jettisoning of harmful substances in packaged form into State waters from ship prohibited

46 Causing jettisoning of harmful substances in packaged form into State waters from ship prohibited

(1) A crew member of a ship is guilty of an offence if the crew member’s act causes any harmful substance in packaged form to be jettisoned from the ship into State waters.

Maximum penalty—$55,000.

(2) A person involved in the operation or maintenance of a ship is guilty of an offence if the person’s act causes any harmful substance in packaged form to be jettisoned from the ship into State waters.

Maximum penalty—

(a) in the case of an individual—$55,000, or

(b) in the case of a corporation—$275,000.

(3) In proceedings for an offence against this section in relation to a ship—

(a) it is sufficient for the prosecution to allege and prove that—

(i) a jettisoning of a harmful substance in packaged form occurred from a ship into State waters, and

(ii) the crew member or person involved in the operation or maintenance of the ship committed an act that caused the jettisoning, but

(b) it is a defence if it is proved that, by virtue of Division 3, this section does not apply in relation to the jettisoning.

ss 45–47: Am 2021 No 8, Sch 1.2[45].

Offence of being responsible for jettisoning of harmful substances in packaged form into State waters from a ship

47 Offence of being responsible for jettisoning of harmful substances in packaged form into State waters from a ship

A person responsible for any harmful substance in packaged form being jettisoned from a ship into State waters is guilty of an offence.

Maximum penalty—

(a) in the case of an individual—$220,000, or

(b) in the case of a corporation—$1,100,000.

ss 45–47: Am 2021 No 8, Sch 1.2[45].

Defence for jettisoning to secure safety or save life

48 Defence for jettisoning to secure safety or save life

Division 2 does not apply to the jettisoning of a harmful substance in packaged form from a ship for the purpose of securing the safety of a ship or saving life at sea.

Editor’s note.

See Reg 8.1 of Annex III of MARPOL.

s 48: Am 2021 No 8, Sch 1.2[45] [46].

Defence for certain leakages causing substances to be washed overboard

49 Defence for certain leakages causing substances to be washed overboard

Division 2 does not apply to the jettisoning of a harmful substance in packaged form from a ship because of a leakage of the substance if—

(a) the substance was washed overboard from the ship in accordance with the regulations or any orders made pursuant to the regulations, or

(b) the substance was washed overboard from the ship otherwise than in accordance with such regulations or orders in circumstances where compliance with such regulations or orders would have impaired the safety of the ship or of persons on board the ship.

Editor’s note.

See Reg 8.2 of Annex III of MARPOL.

s 49: Am 2021 No 8, Sch 1.2[47] [48].

Part does not apply to stores or equipment

50 Part does not apply to stores or equipment

This Part does not apply to a ship’s stores or equipment.

Editor’s note.

See Reg 2.4 of Annex III of MARPOL.

s 50: Am 2021 No 8, Sch 1.2[49] [50].

Leakages taken to be jettisoned

51 Leakages taken to be jettisoned

A harmful substance in packaged form is, for the purposes of this Act, taken to have been jettisoned from a ship into State waters if there was a leakage of the substance.

Editor’s note.

See Reg 8.1 of Annex III of MARPOL.

s 51: Am 2021 No 8, Sch 1.2[51] [52].

Empty packaging

52 Empty packaging

For the purposes of this Part, empty packaging that has been used previously for the carriage of harmful substances is itself taken to be a harmful substance unless the precautions required by the regulations have been taken to ensure that the packaging contains no residue that is harmful to the marine environment.

Editor’s note.

See Reg 2.3 of Annex III of MARPOL.

s 52: Am 2021 No 8, Sch 1.2[53] [54].

Part 6

Prevention of pollution by sewage

Part 6 Prevention of pollution by sewage

Discharge of sewage into State waters from ship prohibited

53 Discharge of sewage into State waters from ship prohibited

(1) The master and the owner of a large ship are each guilty of an offence if any sewage is discharged from the ship into State waters.

Maximum penalty—

(a) in the case of an individual—$55,000, or

(b) in the case of a corporation—$275,000.

(2) In proceedings for an offence against subsection (1) in relation to a ship—

(a) it is sufficient for the prosecution to allege and prove that sewage was discharged from the ship into State waters, but

(b) it is a defence if it is proved that, by virtue of Division 2, this section does not apply in relation to the discharge.

(3) The regulations may make provision for an offence in relation to the discharge or deposit of untreated sewage from a vessel, other than a large ship.

s 53: Am 2021 No 8, Schs 1.1[23] [24], 1.2[56].

Causing discharge of sewage into State waters from ship prohibited

54 Causing discharge of sewage into State waters from ship prohibited

(1) A crew member of a large ship is guilty of an offence if the crew member’s act causes any sewage to be discharged from the ship into State waters.

Maximum penalty—$55,000.

(2) A person involved in the operation or maintenance of a large ship is guilty of an offence if the person’s act causes any sewage to be discharged from the ship into State waters.

Maximum penalty—

(a) in the case of an individual—$55,000, or

(b) in the case of a corporation—$275,000.

(3) In proceedings for an offence against this section, it is sufficient for the prosecution to allege and prove that—

(a) a discharge of sewage occurred from a ship into State waters, and

(b) the crew member or person involved in the operation or maintenance of the ship committed an act that caused the discharge.

s 54: Am 2021 No 8, Sch 1.2[56].

Offence of being responsible for discharge of sewage into State waters from a ship

55 Offence of being responsible for discharge of sewage into State waters from a ship

A person responsible for the discharge of any sewage from a large ship into State waters is guilty of an offence.

Maximum penalty—

(a) in the case of an individual—$220,000, or

(b) in the case of a corporation—$1,100,000.

s 55: Am 2021 No 8, Sch 1.2[56].

55A

Offence to have defective, altered or modified sewage systems

55A Offence to have defective, altered or modified sewage systems

(1) The master and the owner of a prescribed vessel in State waters are each guilty of an offence if a sewage system, or part of the sewage system, on the prescribed vessel is defective or has been altered or modified in a way that enables the discharge of sewage in contravention of this Part.

Maximum penalty for a large ship—

(a) for an individual—$55,000, or

(b) for a corporation—$275,000,

Maximum penalty for a ship prescribed by the regulations for the purposes of this section—an amount prescribed by the regulations.

(2) In this section—

prescribed vessel means—

(a) a large ship, or

(b) a ship prescribed by the regulations for the purposes of this section.

sewage system, for a prescribed vessel, includes the following—

(a) a holding tank to collect and store sewage,

(b) a sewage treatment plant certified to meet the requirements—

(i) of the regulations giving effect to Regulation 9.1.1 of Annex IV of MARPOL, or

(ii) prescribed by the regulations,

(c) portable tanks, including toilet cassettes, for discharge into a reception facility,

(d) a comminuting and disinfecting system—

(i) approved by orders made under the regulations, giving effect to Regulation 9.1.2 of Annex IV of MARPOL, or

(ii) approved under the regulations.

s 55A: Ins 2021 No 8, Sch 1.1[25].

55B

Offence to discharge treated sewage in no discharge zones for certain vessels

55B Offence to discharge treated sewage in no discharge zones for certain vessels

(1) The regulations may create an offence for the discharge of treated sewage by a relevant vessel in a zone, prescribed by the regulations, for the purposes of this section (a no discharge zone).

(2) In this section—

relevant vessel means a vessel prescribed by regulations for the purposes of this section.

s 55B: Ins 2021 No 8, Sch 1.1[25].

Defence for discharge caused by damage to ship or equipment

56 Defence for discharge caused by damage to ship or equipment

Division 1 does not apply to the discharge of sewage from a large ship if—

(a) the sewage escaped from the ship in consequence of unavoidable damage to the ship or its equipment, and

(b) all reasonable precautions were taken before and after the occurrence of the damage for the purpose of preventing or minimising the escape of the sewage.

Editor’s note.

See Reg 3.1.2 of Annex IV of MARPOL.

s 56: Am 2021 No 8, Sch 1.2[57] [58].

Defence for discharge to secure safety or save life

57 Defence for discharge to secure safety or save life

Division 1 does not apply to the discharge of sewage from a large ship for the purpose of securing the safety of a ship or saving life at sea.

Editor’s note.

See Reg 3.1.1 of Annex IV of MARPOL.

s 57: Am 2021 No 8, Sch 1.2[59] [60].

58

58 (Repealed)

Defence of discharge of treated sewage

59 Defence of discharge of treated sewage

(1) Division 1 does not apply to the discharge of sewage from a large ship engaged in overseas voyages if both of the following apply—

(a) the sewage has been treated in a sewage treatment plant on the ship, being a plant that is certified to meet the requirements of the regulations giving effect to Regulation 9.1.1 of Annex IV of MARPOL,

(b) the effluent does not produce visible floating solids in State waters and does not cause discolouration of State waters or other surrounding waters.

(2) To remove any doubt, the defence under subsection (1) applies to the discharge of treated sewage in a no discharge zone.

(3) In this section—

no discharge zone has the same meaning as in section 55B(1).

Editor’s note.

See Reg 11.1.2 of Annex IV of MARPOL.

s 59: Am 2021 No 8, Schs 1.1[27] [28], 1.2[61] [62].

Part 7

Prevention of pollution by garbage

Part 7 Prevention of pollution by garbage

Note 1.

See section 4 of this Act in relation to the words and expressions used in MARPOL.

Note 2.

See also Annex V of MARPOL for the meaning of particular words and expressions used in this Part, including garbage.

pt 7, note: Ins 2021 No 8, Sch 1.1[29].

Discharging of garbage into State waters from ship prohibited

60 Discharging of garbage into State waters from ship prohibited

(1) The master and the owner of a ship are each guilty of an offence if any garbage is discharged from the ship into State waters.

Maximum penalty—

(a) in the case of an individual—$55,000, or

(b) in the case of a corporation—$275,000.

(2) In proceedings for an offence against this section in relation to a ship—

(a) it is sufficient for the prosecution to allege and prove that garbage was discharged from the ship into State waters, but

(b) it is a defence if it is proved that, by virtue of Division 2, this section does not apply in relation to the discharge.

ss 60–62: Am 2021 No 8, Sch 1.2[64].

Causing discharge of garbage into State waters from ship prohibited

61 Causing discharge of garbage into State waters from ship prohibited

(1) A crew member of a ship is guilty of an offence if the crew member’s act causes any garbage to be discharged from the ship into State waters.

Maximum penalty—$55,000.

(2) A person involved in the operation or maintenance of a ship is guilty of an offence if the person’s act causes any garbage to be discharged from the ship into State waters.

Maximum penalty—

(a) in the case of an individual—$55,000, or

(b) in the case of a corporation—$275,000.

(3) In proceedings for an offence against this section, it is sufficient for the prosecution to allege and prove that—

(a) a discharge of garbage occurred from a ship into State waters, and

(b) the crew member or person involved in the operation or maintenance of the ship committed an act that caused the discharge.

ss 60–62: Am 2021 No 8, Sch 1.2[64].

Offence of being responsible for discharge of garbage into State waters from a ship

62 Offence of being responsible for discharge of garbage into State waters from a ship

A person responsible for the discharge of any garbage from a ship into State waters is guilty of an offence.

Maximum penalty—

(a) in the case of an individual—$220,000, or

(b) in the case of a corporation—$1,100,000.

ss 60–62: Am 2021 No 8, Sch 1.2[64].

Defence if discharge was caused by damage to ship or equipment

63 Defence if discharge was caused by damage to ship or equipment

Division 1 does not apply to the discharge of garbage from a ship if—

(a) the garbage escaped from the ship in consequence of unavoidable damage to the ship or its equipment, and

(b) all reasonable precautions were taken before and after the occurrence of the damage for the purpose of preventing or minimising the escape of the garbage.

Editor’s note.

See Reg 7.1.2 of Annex V of MARPOL.

s 63: Am 2021 No 8, Sch 1.2[65] [66].

Defence if discharge was to secure safety or save life

64 Defence if discharge was to secure safety or save life

Division 1 does not apply to the discharge of garbage from a ship for the purpose of securing the safety of a ship and the persons on board the ship or saving life at sea.

Editor’s note.

See Reg 7.1.1 of Annex V of MARPOL.

s 64: Am 2021 No 8, Sch 1.1[31], 1.2[67] [68].

Defence if accidental loss of fishing gear

65 Defence if accidental loss of fishing gear

Division 1 does not apply to the accidental loss of fishing gear from a ship if all reasonable precautions were taken to prevent the loss.

Editor’s note.

See Reg 7.1.3 of Annex V of MARPOL.

s 65: Am 2021 No 8, Schs 1.1[32] [33], 1.2[69].

Defence if discharge of fishing gear in particular circumstances

66 Defence if discharge of fishing gear in particular circumstances

Division 1 does not apply to the discharge of fishing gear from a ship for—

(a) the protection of the marine environment, or

(b) the safety of the ship or the ship’s crew.

Editor’s note.

See Reg 7.1.4 of Annex V of MARPOL.

s 66: Subst 2021 No 8, Sch 1.1[34].

66A

Defence if discharge is of more stringent requirement

66A Defence if discharge is of more stringent requirement

(1) Sections 63–66 do not apply to garbage that is mixed with, or contaminated by, other substances prohibited from discharge or having different discharge requirements (a garbage mixture).

(2) Division 1 does not apply to the discharge of a garbage mixture if the discharge is made in accordance with the more stringent requirements for the substances in the garbage mixture.

Editor’s note.

See Reg 4.4 of Annex V of MARPOL.

s 66A: Ins 2021 No 8, Sch 1.1[34].

Part 8

Prevention of pollution from transfer operations

Part 8 Prevention of pollution from transfer operations

Meaning of “prescribed marine pollutant”

67 Meaning of “prescribed marine pollutant”

In this Part—

prescribed marine pollutant means any one, or any combination, of the following substances (whether in bulk, packaged or another form)—

(a) oil,

(b) a noxious liquid substance.

Discharge of prescribed marine pollutant from ship in transfer operation prohibited

68 Discharge of prescribed marine pollutant from ship in transfer operation prohibited

(1) A person must not deliberately, recklessly or negligently cause a prescribed marine pollutant to be discharged from a ship in, or in connection with, a transfer operation.

Maximum penalty—

(a) in the case of an individual—$500,000, or

(b) in the case of a corporation—$10,000,000.

(2) Each prescribed person in relation to a ship is guilty of an offence if a prescribed marine pollutant is discharged from a ship in, or in connection with, a transfer operation.

Maximum penalty—

(a) in the case of an individual—$500,000, or

(b) in the case of a corporation—$10,000,000.

(3) In this section—

prescribed person means any of the following—

(a) the owner of the ship,

(b) the master of the ship,

(c) the person in charge of the transfer operation of the ship.

ss 68–73: Am 2021 No 8, Sch 1.2[70].

Discharge of prescribed marine pollutant from place on land in transfer operation prohibited

69 Discharge of prescribed marine pollutant from place on land in transfer operation prohibited

(1) A person must not deliberately, recklessly or negligently cause a prescribed marine pollutant to be discharged from a place on land in, or in connection with, a transfer operation.

Maximum penalty—

(a) in the case of an individual—$500,000, or

(b) in the case of a corporation—$10,000,000.

(2) The occupier of land is guilty of an offence if a prescribed marine pollutant is discharged from a place on the land in, or in connection with, a transfer operation.

Maximum penalty—

(a) in the case of an individual—$500,000, or

(b) in the case of a corporation—$10,000,000.

ss 68–73: Am 2021 No 8, Sch 1.2[70].

Discharge of prescribed marine pollutant from apparatus on a ship used in transfer operation prohibited

70 Discharge of prescribed marine pollutant from apparatus on a ship used in transfer operation prohibited

(1) A person must not deliberately, recklessly or negligently cause a prescribed marine pollutant to be discharged from an apparatus on a ship in, or in connection with, a transfer operation.

Maximum penalty—

(a) in the case of an individual—$500,000, or

(b) in the case of a corporation—$10,000,000.

(2) Each of the prescribed persons in relation to a ship is guilty of an offence if any prescribed marine pollutant is discharged from any apparatus on the ship used in, or in connection with, a transfer operation, whether or not it is being so used.

Maximum penalty—

(a) in the case of an individual—$500,000, or

(b) in the case of a corporation—$10,000,000.

(3) In this section—

prescribed person means any of the following—

(a) the owner of the ship,

(b) the master of the ship,

(c) the owner of the apparatus,

(d) the person in charge of the apparatus.

ss 68–73: Am 2021 No 8, Sch 1.2[70].

Discharge of prescribed marine pollutant from apparatus on a place on land used in transfer operation prohibited

71 Discharge of prescribed marine pollutant from apparatus on a place on land used in transfer operation prohibited

(1) A person must not deliberately, recklessly or negligently cause a prescribed marine pollutant to be discharged from an apparatus on a place on land in, or in connection with, a transfer operation.

Maximum penalty—

(a) in the case of an individual—$500,000, or

(b) in the case of a corporation—$10,000,000.

(2) Each of the prescribed persons in relation to a transfer operation is guilty of an offence if any prescribed marine pollutant is discharged from any apparatus on a place on land used in, or in connection with, a transfer operation, whether or not it is being so used.

Maximum penalty—

(a) in the case of an individual—$500,000, or

(b) in the case of a corporation—$10,000,000.

(3) In this section—

prescribed person means any of the following—

(a) the occupier of the land,

(b) the owner of the apparatus,

(c) the person in charge of the apparatus.

ss 68–73: Am 2021 No 8, Sch 1.2[70].

Offence of causing discharge of prescribed marine pollutant from pipeline in connection with transfer operation

72 Offence of causing discharge of prescribed marine pollutant from pipeline in connection with transfer operation

(1) A person must not deliberately, recklessly or negligently cause a prescribed marine pollutant to be discharged from a purpose-built pipeline in, or in connection with, a transfer operation.

Maximum penalty—

(a) in the case of an individual—$500,000, or

(b) in the case of a corporation—$10,000,000.

(2) Each of the prescribed persons in relation to a purpose-built pipeline is guilty of an offence if any prescribed marine pollutant is discharged from the pipeline in, or in connection with, a transfer operation, whether or not it is being so used.

Maximum penalty—

(a) in the case of an individual—$500,000, or

(b) in the case of a corporation—$10,000,000.

(3) In this section—

prescribed person means any of the following—

(a) the occupier of the land,

(b) the owner of the pipeline,

(c) the person in charge of the pipeline.

ss 68–73: Am 2021 No 8, Sch 1.2[70].

Discharge of prescribed marine pollutant from pipeline in connection with transfer operation prohibited

73 Discharge of prescribed marine pollutant from pipeline in connection with transfer operation prohibited

Each of the following persons is guilty of an offence if any prescribed marine pollutant is discharged from a purpose-built pipeline used in, or in connection with, a transfer operation, whether or not it is being so used—

(a) the occupier of the land on which the pipeline is situated,

(b) any lessee, licensee or user of any lease, licence or right of user for the use of the pipeline for the carriage of oil,

(c) the person in charge of the pipeline,

(d) each other person responsible for the discharge.

Maximum penalty—

(a) in the case of an individual—$500,000, or

(b) in the case of a corporation—$10,000,000.

ss 68–73: Am 2021 No 8, Sch 1.2[70].

74

74 (Repealed)

Division 2 does not apply to certain discharges

75 Division 2 does not apply to certain discharges

Division 2 does not apply to a discharge that occurs on the landward side of the first isolating valve on land of any apparatus or purpose-built pipeline used in, or in connection with, a transfer operation, whether or not it is being so used, or at any other place prescribed by the regulations for the purposes of this section.

s 75: Am 2021 No 8, Sch 1.2[71].

Division 2 does not apply to discharge for purposes of combating pollution incidents

76 Division 2 does not apply to discharge for purposes of combating pollution incidents

Division 2 does not apply to a discharge if the discharge was for the purpose of combating specific pollution incidents in order to minimise the damage from pollution and was approved by an officer prescribed by the regulations.

s 76: Am 2021 No 8, Sch 1.2[72].

Division 2 does not apply to certain licensed discharges

77 Division 2 does not apply to certain licensed discharges

Division 2 does not apply to a discharge if the discharge was carried out by the holder of a licence under the Protection of the Environment Operations Act 1997 in accordance with that licence.

s 77: Am 2021 No 8, Sch 1.2[73].

Keeping of records relating to transfer

78 Keeping of records relating to transfer

(1) The responsible person in relation to a transfer operation must keep the records that the person is required to keep by the regulations, in the form in which the records are required to be kept.

Maximum penalty—$22,000.

(2) In this section—

responsible person, in relation to a transfer operation, means—

(a) the owner or the master of a ship or the occupier of a place on land to or from which a prescribed marine pollutant is transferred, and

(b) the person in charge of an apparatus or a purpose-built pipeline used in, or in connection with, a transfer operation, and

(c) the occupier of a purpose-built pipeline used in, or in connection with, a transfer operation.

s 78: Am 2021 No 8, Sch 1.2[74].

Entries required to be made

79 Entries required to be made

A person must, without delay, make the appropriate entry in the record prescribed by the regulations if the regulations require a specified occurrence relating to a transfer operation to be recorded by the person.

Maximum penalty—$22,000.

s 79: Am 2021 No 8, Sch 1.2[75].

Transmission of records relating to transfer operation

80 Transmission of records relating to transfer operation

A person must not fail to transmit the records relating to a transfer operation that are required to be kept by this Division to the place or person, or in the manner, prescribed by the regulations.

Maximum penalty—

(a) in the case of an individual—$22,000, or

(b) in the case of a corporation—$110,000.

s 80: Am 2021 No 8, Sch 1.2[76].

Disposal of records relating to transfer operation

81 Disposal of records relating to transfer operation

A person must not dispose of records relating to a transfer operation that are required to be kept by this Division except in the manner and after the period required by the regulations.

Maximum penalty—

(a) in the case of an individual—$22,000, or

(b) in the case of a corporation—$110,000.

s 81: Am 2021 No 8, Sch 1.2[77].

False or misleading entries prohibited

82 False or misleading entries prohibited

A person must not make an entry that is false or misleading in a material particular in a record required to be kept by this Division.

Maximum penalty—$22,000.

s 82: Am 2021 No 8, Sch 1.2[78].

Division 5

Miscellaneous

Division 5 Miscellaneous

Several liability

83 Several liability

If a prescribed marine pollutant is discharged into State waters from 2 or more ships in, or in connection with, a transfer operation, and it is not reasonably practicable to identify the pollutant that has discharged from a particular ship, all of the pollutant discharged is taken, for the purposes of this Part, to have been discharged from each of those ships.

s 83: Am 2021 No 8, Sch 1.2[79].

Multiple offenders

84 Multiple offenders

For the avoidance of doubt, more than one person may be found guilty of an offence under this Part in relation to a single discharge.

s 84: Am 2021 No 8, Sch 1.2[80].

Prohibitions on discharges from ships still apply

85 Prohibitions on discharges from ships still apply

(1) To avoid doubt, this Part applies to a discharge whether or not it is a discharge prohibited by Part 3 or 4 (and whether or not a defence is available under those Parts for a discharge of the substance in those circumstances).

(2) However, a person is not liable to be convicted in respect of the same discharge of both an offence under Part 3 or 4 and this Part.

Part 9

Reporting of pollution incidents

Part 9 Reporting of pollution incidents

Meaning of “reportable incident”

86 Meaning of “reportable incident”

In this Part—

reportable incident, in relation to a ship, means any of the following—

(a) a discharge or probable discharge into State waters from the ship of oil other than a discharge of the kind or in the circumstances specified in sections 22–25,

(b) a discharge or probable discharge into State waters from the ship of a noxious liquid substance (other than a substance referred to in Regulation 6.1.4 of Annex II of MARPOL) other than of the kind or in the circumstances specified in sections 40 and 41,

(c) a jettisoning or probable jettisoning from the ship into State waters of a harmful substance in packaged form including a substance in a freight container, portable tank, road and rail vehicle or shipborne barge,

(d) in relation to a ship of 15 metres in length or more—

(i) any damage, failure or breakdown of the ship that affects the safety of the ship, including but not limited to any collision, grounding, fire, explosion, structural failure, flooding or cargo shifting, or

(ii) any damage, failure or breakdown of the ship that results in impairment of the safety of navigation, including but not limited to, failure or breakdown of steering gear, propulsion plant, electrical generating system, and essential shipborne navigational aids,

(e) in relation to a large ship that has on board a sewage treatment system, any damage, failure or breakdown of the ship’s sewage treatment system that could result in the discharge of untreated or inadequately treated sewage.

s 86: Am 2021 No 8, Sch 1.1[36] [37].

Master must report reportable incident

87 Master must report reportable incident

(1) The master of a ship must, without delay, report any reportable incident that occurs in State waters in relation to the ship to the Minister in the manner prescribed by the regulations.

Maximum penalty—$121,000.

(2) In a prosecution of a person for an offence against subsection (1), it is a defence if the person proves that the person was unable to comply with that subsection.

Editor’s note.

See Article I(1) of Protocol I of MARPOL.

s 87: Am 2021 No 8, Sch 1.2[81] [82].

Master must provide supplementary report if Minister requires it

88 Master must provide supplementary report if Minister requires it

The master of a ship must provide a supplementary report to the Minister in relation to the reportable incident within the time prescribed by the regulations and in accordance with the regulations if the Minister requests such a report.

Maximum penalty—$121,000.

Editor’s note.

See Article IV(b) of Protocol I of MARPOL.

s 88: Am 2021 No 8, Sch 1.2[83] [84].

Master must provide supplementary report if further developments arise

89 Master must provide supplementary report if further developments arise

The master of the ship must provide a further supplementary report to the Minister within the time prescribed by the regulations and in accordance with the regulations if any significant further developments arise in relation to the reportable incident after a report or supplementary report was required under this Division.

Maximum penalty—$121,000.

Editor’s note.

See Article IV(a) of Protocol I of MARPOL.

s 89: Am 2021 No 8, Sch 1.2[85] [86].

Duty of other persons to report if ship abandoned or report cannot be obtained

90 Duty of other persons to report if ship abandoned or report cannot be obtained

(1) The owner, charterer, manager or operator of an abandoned ship in relation to which a reportable incident has occurred in State waters, and any agent of the owner, charterer, manager or operator of the ship, are each guilty of an offence if the reportable incident is not reported to the Minister, without delay, in the manner prescribed by the regulations.

Maximum penalty—

(a) in the case of an individual—$121,000, or

(b) in the case of a corporation—$2,750,000.

(2) The owner, charterer, manager or operator of a ship in relation to which a reportable incident has occurred in State waters in other circumstances in which a notification cannot be obtained from the master of the ship under Division 2, and any agent of the owner, charterer, manager or operator of the ship are each guilty of an offence if the reportable incident is not reported to the Minister, without delay, in the manner prescribed by the regulations.

Maximum penalty—

(a) in the case of an individual—$121,000, or

(b) in the case of a corporation—$2,750,000.

(3) In a prosecution of a person for an offence against this section in relation to a reportable incident, it is a defence if the person proves—

(a) that the person was not aware of the incident, or

(b) that the person neither knew nor suspected that the ship was abandoned or the circumstances that meant that a report could not be obtained.

(4) Subsection (3) does not limit any defence that would, but for that subsection, be available to a person charged with an offence under this section.

Editor’s note.

See Article I(2) of Protocol I of MARPOL.

s 90: Am 2021 No 8, Sch 1.2[87] [88].

Duty of other persons to report if report incomplete

91 Duty of other persons to report if report incomplete

(1) The owner, charterer, manager or operator of a ship and any agent of the owner, charterer, manager or operator of the ship are each guilty of an offence if a notification provided under Division 2 is provided in an incomplete form and the missing particulars are not reported to the Minister without delay.

Maximum penalty—

(a) in the case of an individual—$121,000, or

(b) in the case of a corporation—$2,750,000.

(2) In a prosecution of a person for an offence against this section in relation to a reportable incident, it is a defence if the person proves that the person was not aware of the incident.

(3) Subsection (2) does not limit any defence that would, but for that subsection, be available to a person charged with an offence under this section.

Editor’s note.

See Article I(2) of Protocol I of MARPOL.

s 91: Am 2021 No 8, Sch 1.2[87] [89].

Duty of other persons to provide supplementary report

92 Duty of other persons to provide supplementary report

(1) A person who has reported the occurrence of a reportable incident to the Minister pursuant to this Division must provide the Minister with a supplementary report in relation to the reportable incident if the Minister requests the supplementary report.

Maximum penalty—$121,000.

(2) A person who has reported the occurrence of a reportable incident to the Minister pursuant to this Division must provide a further supplementary report to the Minister about any further developments that arise in relation to the reportable incident after a report or supplementary report was required under this Division, within the time prescribed by the regulations and in accordance with the regulations.

Maximum penalty—$121,000.

Editor’s note.

See Article IV(a) and (b) of Protocol I of MARPOL.

s 92: Am 2021 No 8, Sch 1.2[90] [91].

False or misleading reports

93 False or misleading reports

A person must not, in a report or supplementary report required by this Part, make a statement that is false or misleading in a material particular.

Maximum penalty—$121,000.

s 93: Am 2021 No 8, Sch 1.2[92].

Inadmissibility of certain evidence

94 Inadmissibility of certain evidence

A report or supplementary report given to the Minister pursuant to this Part is not admissible in evidence in a prosecution of an individual for an offence against section 15–17, 27–31, 43–47, 53–55 or 60–62 without the consent of the person charged.

s 94: Am 2021 No 8, Sch 1.2[93].

Part 10

Emergency plans and other plans

Part 10 Emergency plans and other plans

Obligation to carry shipboard oil pollution emergency plan

95 Obligation to carry shipboard oil pollution emergency plan

(1) The master and the owner of a prescribed ship that is in State waters are each guilty of an offence if an approved shipboard oil pollution emergency plan is not carried on board the ship.

Maximum penalty—$55,000.

(2) In proceedings for an offence against this section in relation to a ship, it is sufficient for the prosecution to allege and prove—

(a) that the ship is a prescribed ship, and

(b) that the ship was in State waters without an approved shipboard oil pollution emergency plan on board.

(3) In this section—

approved, in relation to a shipboard oil pollution emergency plan, means approved by—

(a) the Minister under this Division, or

(b) an Administration, within the meaning of Article 2 of the Protocol to MARPOL.

prescribed ship means a ship—

(a) that is an oil tanker that has a gross tonnage of 150 or more, or

(b) that is not an oil tanker and that has a gross tonnage of 400 or more.

Editor’s note.

See Reg 37.1 of Annex I of MARPOL.

s 95: Am 2021 No 8, Sch 1.2[94] [95].

Approval of shipboard oil pollution emergency plan

96 Approval of shipboard oil pollution emergency plan

The Minister may, on application by a master of a ship, approve the shipboard oil pollution emergency plan for the ship if, in the opinion of the Minister, it complies with this Division.

Editor’s note.

See Reg 37.1 of Annex I of MARPOL.

s 96: Am 2021 No 8, Sch 1.2[94] [96].

Contents of shipboard oil pollution emergency plan

97 Contents of shipboard oil pollution emergency plan

(1) A shipboard oil pollution emergency plan must contain the matter prescribed by the regulations.

(2) A shipboard oil pollution emergency plan must set out, but is not limited to, the following particulars—

(a) the procedure to be followed by the master, any crew member, or any other person having charge of the ship in reporting a reportable incident in relation to the ship,

(b) a list of the authorities or persons that are to be notified by persons on the ship if such a reportable incident occurs in relation to the ship,

(c) a detailed description of the action to be taken immediately after a reportable incident by persons on board the ship to reduce or control any discharge from the ship resulting from the incident,

(d) the procedures to be followed for co-ordinating with the authorities or persons that have been contacted (whether in Australia or in a country near to the place where the incident occurred) any action taken in combating the pollution caused by the incident and, in particular, the person on board the ship through whom all communications are to be made,

(e) any action to be taken in combating the pollution caused by the incident and, in particular, the person on board the ship through whom all communications are to be made.

(3) The procedure referred to in subsection (2) (a) must be in accordance with the procedure prescribed by the regulations under section 87 as the manner in which a reportable incident is to be reported under Part 9.

(4) In this section, reportable incident has the same meaning as in section 86.

Editor’s note.

See Reg 37.2 of Annex I of MARPOL.

s 97: Am 2021 No 8, Sch 1.2[97] [98].

Language of shipboard oil pollution emergency plan

98 Language of shipboard oil pollution emergency plan

The shipboard oil pollution emergency plan on a ship must be written in the working language of the master of, and the crew on board, the ship.

Editor’s note.

See Reg 37.2 of Annex I of MARPOL.

s 98: Am 2021 No 8, Sch 1.2[97] [99].

Plans may be combined

99 Plans may be combined

A ship complies with both sections 95 and 100 if it has on board a plan called a “shipboard marine pollution emergency plan” that complies with this Division and with Division 2.

100

Obligation to carry shipboard marine pollution emergency plan for noxious liquid substances

100 Obligation to carry shipboard marine pollution emergency plan for noxious liquid substances

(1) The master and the owner of a prescribed ship that is in State waters are each guilty of an offence if there is not a shipboard marine pollution emergency plan for noxious liquid substances that complies with this Division, and is approved by the Minister, on board the ship.

Maximum penalty—$55,000.

(2) In proceedings for an offence against this section in relation to a ship, it is sufficient for the prosecution to allege and prove that a ship is a prescribed ship and that it was in State waters without a shipboard marine pollution emergency plan for noxious liquid substances that complies with this Division on board.

(3) In this section—

prescribed ship means an Australian ship—

(a) that has a gross tonnage of 150 or more, and

(b) that is certified to carry noxious liquid substances in bulk.

Editor’s note.

See Reg 17.1 of Annex II of MARPOL.

s 100: Am 2021 No 8, Sch 1.2[100] [101].

101

Approval of shipboard marine pollution emergency plan for noxious liquid substances

101 Approval of shipboard marine pollution emergency plan for noxious liquid substances

The Minister may, on application by a master of a ship, approve the shipboard marine pollution emergency plan for noxious liquid substances for the ship if, in the opinion of the Minister, it complies with this Division.

Editor’s note.

See Reg 17.1 of Annex II of MARPOL.

s 101: Am 2021 No 8, Sch 1.2[100] [102].

102

Contents of shipboard marine pollution emergency plan for noxious liquid substances

102 Contents of shipboard marine pollution emergency plan for noxious liquid substances

(1) A shipboard marine pollution emergency plan for noxious liquid substances must contain the matter prescribed by the regulations.

(2) A shipboard marine pollution emergency plan for noxious liquid substances must set out, but is not limited to, the following particulars—

(a) the procedure to be followed by the master, or any other person having charge, of the ship in reporting a reportable incident in relation to the ship,

(b) a list of the authorities or persons that are to be notified by persons on the ship if a reportable incident occurs in relation to the ship,

(c) a detailed description of the action to be taken, immediately after a reportable incident, by persons on board the ship to reduce or control any discharge from the ship resulting from the incident,

(d) the procedures to be followed for co-ordinating with the authorities or persons that have been contacted (whether in Australia or in a country near to the place where the incident occurred) any action taken in combating the pollution caused by the incident and, in particular, the person on board the ship through whom all communications are to be made,

(e) any action to be taken in combating the pollution caused by the incident and, in particular, the person on board the ship through whom all communications are to be made.

(3) The procedure referred to in subsection (2) (a) must be in accordance with the procedure prescribed by the regulations under section 87 as the manner in which a reportable incident is to be reported under Part 9.

(4) In this section, reportable incident has the same meaning as in section 86.

Editor’s note.

See Reg 17.2 of Annex II of MARPOL.

s 102: Am 2021 No 8, Sch 1.2[103] [104].

103

Language of shipboard marine pollution emergency plan for noxious liquid substances

103 Language of shipboard marine pollution emergency plan for noxious liquid substances

The shipboard marine pollution emergency plan for noxious liquid substances on a ship must be written in the working language of the master of, and the officers on board, the ship.

Editor’s note.

See Reg 17.2 of Annex II of MARPOL.

s 103: Am 2021 No 8, Sch 1.2[103] [105].

104

Procedures and arrangements manual required

104 Procedures and arrangements manual required

The master and the owner of a ship in State waters are each guilty of an offence if—

(a) a chemical tanker construction certificate under Division 12A of Part IV of the Navigation Act 1912 of the Commonwealth is in force in respect of the ship, and

(b) the ship does not have on board a copy of the ship’s procedures and arrangements manual that complies with this Division.

Maximum penalty—$6,600.

Editor’s note.

See Reg 14.1 of Annex II of MARPOL.

s 104: Am 2021 No 8, Sch 1.2[106] [107].

105

Form and content of procedures and arrangements manual

105 Form and content of procedures and arrangements manual

A procedures and arrangements manual for a ship complies with this Division if—

(a) it contains the physical arrangements and all the operational procedures with respect to cargo handling, tank cleaning, slops handling and cargo tank ballasting that must be followed in order to comply with the requirements of Annex II of MARPOL, and

(b) it is in accordance with the form set out in Appendix IV to Annex II of MARPOL.

Editor’s note.

See Reg 14.2 of Annex II of MARPOL.

s 105: Am 2021 No 8, Schs 1.1[38], 1.2[108] [109].

106

Language of procedures and arrangements manual

106 Language of procedures and arrangements manual

(1) The procedures and arrangements manual for an Australian ship must be written in the English language.

(2) The procedures and arrangements manual for a foreign ship must be written in the official language of the country whose flag the ship is entitled to fly, or in one of the official languages of that country.

(3) However, if that official language is not English, French or Spanish, the procedures and arrangements manual must also be translated into English, French or Spanish.

Editor’s note.

See Reg 14.1 of Annex II of MARPOL.

s 106: Am 2021 No 8, Sch 1.2[110] [111].

107

Obligation to carry garbage management plan

107 Obligation to carry garbage management plan

(1) The master and the owner of a prescribed ship that is in State waters are each guilty of an offence if there is not a garbage management plan that complies with this Division on board the ship.

Maximum penalty—$5,500.

(2) In proceedings for an offence against this section in relation to a ship, it is sufficient for the prosecution to allege and prove that a ship is a prescribed ship and that it was in State waters without a garbage management plan that complies with this Division on board.

(3) In this section—

prescribed ship means a ship—

(a) that has a gross tonnage of 100 or more, or

(b) that is certified to carry 15 persons or more, or

(c) that is a fixed or floating platform.

Editor’s note.

See Reg 10 of Annex V of MARPOL.

s 107: Am 2021 No 8, Schs 1.1[40]–[42], 1.2[112] [113].

108

Contents of garbage management plan

108 Contents of garbage management plan

(1) A garbage management plan must be in writing and must contain the matters prescribed by the regulations.

(2) A garbage management plan must set out, but is not limited to, the following particulars—

(a) the procedures for minimising, collecting, storing, processing and disposing of garbage, including the use of the equipment on board the ship for carrying out those procedures,

(b) the person who is in charge of carrying out the plan.

Editor’s note.

See Reg 10.2 of Annex V of MARPOL.

s 108: Am 2021 No 8, Schs 1.1[40] [43], 1.2[114] [115].

109

Language of garbage management plan

109 Language of garbage management plan

(1) The garbage management plan on an Australian ship must be written in the English language.

(2) The garbage management plan on a foreign ship must be written in the official language of the country whose flag the ship is entitled to fly, or in one of the official languages of that country.

(3) The garbage management plan on any ship must also be written in the working language of the master of, and the majority of officers on board, the ship.

Editor’s note.

See Reg 10.2 of Annex V of MARPOL.

s 109: Am 2021 No 8, Schs 1.1[40], 1.2[114] [116].

110

Placards relating to requirements for discharge of garbage

110 Placards relating to requirements for discharge of garbage

(1) The master and the owner of a ship of 12 metres or more in length, or a fixed or floating platform, that is in State waters are each guilty of an offence if at least one garbage discharge requirements placard that complies with this Division is not displayed on board the ship in a position where it can be easily read by any crew member or any passenger of the ship.

Maximum penalty—$5,500.

(2) In proceedings for an offence against this section in relation to a ship, it is sufficient for the prosecution to allege and prove—

(a) that—

(i) the ship was of 12 metres or more in length and was in State waters, or

(ii) the fixed or floating platform was in State waters, and

(b) that a garbage discharge requirements placard that complies with this Division was not displayed on board the ship.

Editor’s note.

See Reg 10.1.1 of Annex V of MARPOL.

s 110: Am 2021 No 8, Schs 1.1[44]–[46], 1.2[117] [118].

111

Content of garbage discharge requirements placard

111 Content of garbage discharge requirements placard

A garbage discharge requirements placard must describe—

(a) the kinds of garbage that may not be discharged from the ship under this Act and MARPOL, and

(b) the kinds of garbage that may be discharged from the ship and the circumstances in which it is not an offence to discharge garbage of that kind under this Act and MARPOL.

Editor’s note.

See Reg 10.1.1 of Annex V of MARPOL.

s 111: Am 2021 No 8, Sch 1.1[44] [47] [48], 1.2[117] [119].

112

Language of garbage discharge requirements placards

112 Language of garbage discharge requirements placards

The garbage discharge requirements placard or each placard on a ship must be written in the working language of the ship’s crew.

Editor’s note.

See Reg 10.1.2 of Annex V of MARPOL.

s 112: Am 2021 No 8, Schs 1.1[44], 1.2[120] [121].

Part 11

Record keeping

Part 11 Record keeping

113

Requirement to carry an oil record book

113 Requirement to carry an oil record book

(1) The master and the owner of a prescribed ship are each guilty of an offence if the ship does not carry on board an oil record book that complies with this Division.

Maximum penalty—

(a) in the case of an individual—$22,000, or

(b) in the case of a corporation—$110,000.

(2) In proceedings for an offence against this section in relation to a ship, it is sufficient for the prosecution to allege and prove that the ship is a prescribed ship and that it was in State waters without an oil record book that complies with this Division on board.

(3) In this section—

prescribed ship means—

(a) an oil tanker that has a gross tonnage of 150 or more, or

(b) a ship that has a gross tonnage of 400 or more.

Editor’s note.

See Regs 17.1 and 36.1 of Annex I of MARPOL.

s 113: Am 2021 No 8, Schs 1.1[49], 1.2[122] [123].

114

Form of oil record book

114 Form of oil record book

(1A) An oil record book may be kept electronically, in a way approved by the relevant national maritime authority of the country whose flag the ship is entitled to fly.

(1) An oil record book must contain the matters prescribed by the regulations.

(2) An oil record book must make provision for—

(a) a signature in relation to each entry made in it, and

(b) a signature—

(i) for a record book kept electronically—on each group of electronic entries, or

(ii) otherwise—on each page of the record book.

Note.

See the Guidelines for use of electronic record books under MARPOL, adopted by Resolution MEPC.312(74).

Editor’s note.

See Regs 17.4 and 36.5 of Annex I of MARPOL.

s 114: Am 2021 No 8, Schs 1.1[50] [51], 1.2[124] [125].

115

Language of oil record book

115 Language of oil record book

(1) The oil record book on an Australian ship must be written in the English language.

(2) The oil record book on a foreign ship must be written in the official language of the country whose flag the ship is entitled to fly, or in one of the official languages of that country.

(3) However, if that official language is not English, French or Spanish, the oil record book must also be translated into English, French or Spanish.

Editor’s note.

See Regs 17.4 and 36.5 of Annex I of MARPOL.

s 115: Am 2021 No 8, Sch 1.2[126] [127].

116

Master must sign completed page of oil record book

116 Master must sign completed page of oil record book

The master of the ship must sign each page of the ship’s oil record book as soon as possible after it is completed.

Maximum penalty—$22,000.

s 116: Am 2021 No 8, Sch 1.2[128].

117

Entries in relation to prescribed operations or occurrences

117 Entries in relation to prescribed operations or occurrences

(1) The master of a ship in relation to which an operation or occurrence prescribed by the regulations occurs—

(a) must make appropriate entries in the English language in the ship’s oil record book without delay, on the date of the event, or

(b) must cause appropriate entries to be made without delay in the English language in the ship’s oil record book on the date of the event.

Maximum penalty—$22,000.

(2) The master of the ship must ensure that any entry made in relation to an operation or occurrence prescribed by the regulations is signed by the officer or other person in charge of the operation on the date of the operation or occurrence.

Maximum penalty—$22,000.

(3) In this section—

appropriate entry means an entry prescribed by the regulations.

Editor’s note.

See Regs 17.4 and 36.5 of Annex I of MARPOL.

s 117: Am 2021 No 8, Sch 1.2[129] [130].

118

Entries in relation to inspections

118 Entries in relation to inspections

An inspector who inspects a ship must, without delay, make entries prescribed by the regulations in the ship’s oil record book in the English language.

Editor’s note.

See Regs 17.7 and 36.8 of Annex I of MARPOL.

s 118: Am 2021 No 8, Sch 1.2[131] [132].

119

False entries in oil record book

119 False entries in oil record book

A person must not make an entry that is false or misleading in a material particular in the oil record book of a ship.

Maximum penalty—$22,000.

Editor’s note.

See Regs 17.7 and 36.8 of Annex I of MARPOL.

s 119: Am 2021 No 8, Sch 1.2[133] [134].

120

Oil record book to be retained on ship for one year

120 Oil record book to be retained on ship for one year

The owner of a ship is guilty of an offence if the ship’s oil record book—

(a) is not retained on the ship until at least the expiration of a period of one year after the day on which the last entry was made in the book, and

(b) is not made readily available for inspection at all reasonable times until at least the expiration of that period.

Maximum penalty—

(a) in the case of an individual—$22,000, or

(b) in the case of a corporation—$110,000.

Editor’s note.

See Regs 17.6 and 36.7 of Annex I of MARPOL.

s 120: Am 2021 No 8, Sch 1.2[135] [136].

121

Oil record book to be retained

121 Oil record book to be retained

(1) The owner of a ship must ensure that the ship’s oil record book is, at least until the expiration of a period of two years after the day on which the book is required to be retained on the ship in accordance with section 120—

(a) retained—

(i) on the ship, or

(ii) at the registered office in the State of the owner, or

(b) if the owner does not reside in the State and does not have an office or agent in the State, deposited with an officer prescribed by the regulations for the purposes of this section.

Maximum penalty—

(a) in the case of an individual—$22,000, or

(b) in the case of a corporation—$110,000.

(2) The owner of a ship must ensure that the ship’s oil record book is made readily available for inspection at all reasonable times at least until the expiration of the period referred to in subsection (1).

Maximum penalty—

(a) in the case of an individual—$22,000, or

(b) in the case of a corporation—$110,000.

(3) The owner of a ship who resides in the State, or has an office or agent in the State, may from time to time furnish to an officer prescribed by the regulations for the purposes of this section notice, in writing, of an address, being the address of—

(a) the place in the State at which the owner so resides, or

(b) the office in the State or, if there is more than one office in the State, the principal office in the State of the owner, or

(c) the office or place of residence in the State of the owner’s agent or, if the agent has more than one office in the State, the principal office in the State of the agent.

(4) For the purposes of this section, the registered office of an owner of a ship is the place or office of which an address is furnished for the time being under subsection (3) as the registered office in the State of the owner of the ship.

Editor’s note.

See Regs 17.6 and 36.7 of Annex I of MARPOL.

s 121: Am 2021 No 8, Schs 1.1[52], 1.2[135] [137].

122

Master may be required to certify entry in oil record book

122 Master may be required to certify entry in oil record book

The master of a ship must, if required to do so by an inspector—

(a) provide the inspector with a copy of any entry in the oil record book for the ship specified by the inspector, and

(b) certify that the copy of the entry is a true copy, in the manner required by the regulations.

Maximum penalty—$22,000.

Editor’s note.

See Regs 17.7 and 36.8 of Annex I of MARPOL.

s 122: Am 2021 No 8, Sch 1.2[138] [139].

123

Admissibility of certified entry in oil record book

123 Admissibility of certified entry in oil record book

An entry in an oil record book certified by the master of a ship is admissible in any proceedings for an offence under this Act as evidence of the facts stated in the entry.

Editor’s note.

See Regs 17.7 and 36.8 of Annex I of MARPOL.

s 123: Am 2021 No 8, Sch 1.2[138] [140].

124

Requirement to carry cargo record book

124 Requirement to carry cargo record book

The master and the owner of a ship that is certified to carry noxious liquid substances in bulk are each guilty of an offence if the ship does not carry a cargo record book that complies with this Division.

Maximum penalty—

(a) in the case of an individual—$22,000, or

(b) in the case of a corporation—$110,000.

Editor’s note.

See Reg 15.1 of Annex II of MARPOL.

s 124: Am 2021 No 8, Sch 1.2[141] [142].

125

Form of cargo record book

125 Form of cargo record book

(1A) A cargo record book may be kept electronically, in a way approved by the relevant national maritime authority of the country whose flag the ship is entitled to fly.

(1) A cargo record book must contain the matters prescribed by the regulations.

(2) A cargo record book must make provision for—

(a) a signature in relation to each entry made in it, and

(b) a signature—

(i) for a record book kept electronically—on each group of electronic entries, or

(ii) otherwise—on each page of the record book.

Note.

See the Guidelines for use of electronic record books under MARPOL, adopted by Resolution MEPC.312(74).

Editor’s note.

See Reg 15.1 of Annex II of MARPOL.

s 125: Am 2021 No 8, Schs 1.1[53] [54], 1.2[143] [144].

126

Language of cargo record book

126 Language of cargo record book

(1) The cargo record book on an Australian ship must be written in the English language.

(2) The cargo record book on a foreign ship must be written in the official language of the country whose flag the ship is entitled to fly, or in one of the official languages of that country.

(3) However, if that official language is not English, French or Spanish, the cargo record book must also be translated into English, French or Spanish.

Editor’s note.

See Reg 15.4 of Annex II of MARPOL.

s 126: Am 2021 No 8, Sch 1.2[145] [146].

127

Master must sign completed page of cargo record book

127 Master must sign completed page of cargo record book

The master of a ship must sign each page of the ship’s cargo record book as soon as possible after it is completed.

Maximum penalty—$22,000.

Editor’s note.

See Reg 15.4 of Annex II of MARPOL.

s 127: Am 2021 No 8, Sch 1.2[147] [148].

128

Entries in relation to prescribed operations or occurrences

128 Entries in relation to prescribed operations or occurrences

(1) The master of a ship in relation to which an operation prescribed by the regulations is carried out, or an occurrence prescribed by the regulations occurs, must—

(a) make appropriate entries in the English language in the ship’s cargo record book, without delay, on the date of the operation or occurrence, or

(b) cause appropriate entries to be made in the English language in the ship’s cargo record book, without delay, on the date of the operation or occurrence.

Maximum penalty—$22,000.

(2) The master of a ship must ensure that, if an entry is made in relation to an operation or occurrence prescribed by the regulations, the entry is signed by the officer or other person in charge of the operation on the date of the operation or occurrence.

Maximum penalty—$22,000.

(3) In this section—

appropriate entry means an entry prescribed by the regulations.

Editor’s note.

See Reg 15.2 of Annex II of MARPOL.

s 128: Am 2021 No 8, Sch 1.2[149] [150].

129

Entries in relation to inspections

129 Entries in relation to inspections

An inspector who inspects a ship must, without delay, make appropriate entries in the ship’s cargo record book in the English language.

Editor’s note.

See Reg 15.6 of Annex II of MARPOL.

s 129: Am 2021 No 8, Sch 1.2[151] [152].

130

False entries in cargo record book

130 False entries in cargo record book

A person must not make an entry that is false or misleading in a material particular in the cargo record book of a ship.

Maximum penalty—$22,000.

Editor’s note.

See Reg 15.6 of Annex II of MARPOL.

s 130: Am 2021 No 8, Sch 1.2[153] [154].

131

Cargo record book to be retained on ship for one year

131 Cargo record book to be retained on ship for one year

The master and the owner of a ship are each guilty of an offence if the ship’s cargo record book—

(a) is not retained on the ship at least until the expiration of a period of one year after the day on which the last entry was made in the book, and

(b) is not made readily available for inspection at all reasonable times at least until the expiration of that period.

Maximum penalty—

(a) in the case of an individual—$22,000, or

(b) in the case of a corporation—$110,000.

Editor’s note.

See Reg 15.5 of Annex II of MARPOL.

s 131: Am 2021 No 8, Sch 1.2[155] [156].

132

Cargo record book to be retained for two years

132 Cargo record book to be retained for two years

(1) The owner of a ship must ensure that the ship’s cargo record book is, at least until the expiration of a period of two years after the day on which the book is required to be retained on the ship in accordance with section 131—

(a) retained—

(i) on the ship, or

(ii) at the registered office in the State of the owner, or

(b) if the owner does not reside in the State and does not have an office or agent in the State, deposited with an officer prescribed by the regulations for the purposes of this section.

Maximum penalty—

(a) in the case of an individual—$22,000, or

(b) in the case of a corporation—$110,000.

(2) The owner of a ship must ensure that the ship’s cargo record book is made readily available for inspection at all reasonable times at least until the expiration of the period referred to in subsection (1).

Maximum penalty—

(a) in the case of an individual—$22,000, or

(b) in the case of a corporation—$110,000.

(3) The owner of a ship who resides in the State, or has an office or agent in the State, may from time to time furnish to an officer prescribed by the regulations for the purposes of this section notice, in writing, of an address, being the address of—

(a) the place in the State at which the owner so resides, or

(b) the office in the State or, if there is more than one office in the State, the principal office in the State of the owner, or

(c) the office or place of residence in the State of the owner’s agent or, if the agent has more than one office in the State, the principal office in the State of the agent.

(4) For the purposes of this section, the registered office of an owner of a ship is the place or office for which an address is furnished for the time being under subsection (3) as the registered office in the State of the owner of the ship.

Editor’s note.

See Reg 15.5 of Annex II of MARPOL.

s 132: Am 2021 No 8, Schs 1.1[55], 1.2[155] [157].

133

Master may be required to certify entry in cargo record book

133 Master may be required to certify entry in cargo record book

The master of a ship must, if required to do so by an inspector—

(a) provide the inspector with a copy of any entry in the cargo record book for the ship specified by the inspector, and

(b) certify that the copy of the entry is a true copy, in the manner required by the regulations.

Maximum penalty—$8,800.

Editor’s note.

See Reg 15.6 of Annex II of MARPOL.

s 133: Am 2021 No 8, Sch 1.2[158] [159].

134

Admissibility of certified entry in cargo record book

134 Admissibility of certified entry in cargo record book

An entry in a cargo record book certified by the master of a ship is admissible in any proceedings for an offence under this Act as evidence of the facts stated in the entry.

Editor’s note.

See Reg 15.6 of Annex II of MARPOL.

s 134: Am 2021 No 8, Sch 1.2[158] [160].

135

Requirement to carry garbage record book on board ship

135 Requirement to carry garbage record book on board ship

(1) The master and the owner of a prescribed ship are each guilty of an offence if the ship does not carry a garbage record book that complies with this Division.

Maximum penalty—

(a) in the case of an individual—$5,500, or

(b) in the case of a corporation—$22,000.

(2) However, the master and the owner of a ship do not commit an offence—

(a) if the ship is the subject of a waiver in accordance with section 137, or

(b) if the ship is a recreational vessel with a gross tonnage of less than 400 that is not on an overseas voyage.

(3) In this section—

prescribed ship means a ship—

(a) that has a gross tonnage of 400 or more, or

(b) that is certified to carry 15 persons or more.

Editor’s note.

See Reg 10.3 of Annex V of MARPOL.

s 135: Am 2021 No 8, Schs 1.1[56] [57], 1.2[161] [162].

136

Requirement to carry garbage record book on platform

136 Requirement to carry garbage record book on platform

The owner of a platform must ensure that a garbage record book that complies with this Division is carried on the platform.

Maximum penalty—

(a) in the case of an individual—$5,500, or

(b) in the case of a corporation—$22,000.

Editor’s note.

See Reg 10.3 of Annex V of MARPOL.

s 136: Am 2021 No 8, Sch 1.2[161] [163].

137

Minister may waive requirement to carry garbage record book

137 Minister may waive requirement to carry garbage record book

The Minister may waive the requirement to carry a garbage record book—

(a) on application in writing from the master or the owner of—

(i) a ship that is certified to carry 15 persons or more, or

(ii) a fixed or floating platform, and

(b) if the application relates to a voyage by the ship of one hour or less in duration.

Editor’s note.

See Reg 10.4 of Annex V of MARPOL.

s 137: Subst 2021 No 8, Sch 1.1[58].

138

Form of garbage record book

138 Form of garbage record book

(1A) A garbage record book may be kept electronically, in a way approved by the relevant national maritime authority of the country whose flag the ship is entitled to fly.

(1) A garbage record book must contain the matters prescribed by the regulations.

(2) A garbage record book must make provision for—

(a) a signature in relation to each entry made in it, and

(b) a signature—

(i) for a record book kept electronically—on each group of electronic entries, or

(ii) otherwise—on each page of the record book.

Note.

See the Guidelines for use of electronic record books under MARPOL, adopted by Resolution MEPC.312(74).

Editor’s note.

See Reg 10.3 of Annex V of MARPOL.

s 138: Am 2021 No 8, Schs 1.1[59] [60], 1.2[161] [164].

139

Language of garbage record book

139 Language of garbage record book

(1) The garbage record book on an Australian ship must be written in the English language.

(2) The garbage record book on a foreign ship must be written in the official language of the country whose flag the ship is entitled to fly, or in one of the official languages of that country.

(3) However, if that official language is not English, French or Spanish, the garbage record book must also be translated into English, French or Spanish.

Editor’s note.

See Reg 10.3.1 of Annex V of MARPOL.

s 139: Am 2021 No 8, Sch 1.2[165] [166].

140

Master must sign completed page of garbage record book

140 Master must sign completed page of garbage record book

The master of a ship must sign each page of the ship’s garbage record book as soon as possible after it is completed.

Maximum penalty—$5,500.

Editor’s note.

See Reg 10.3.1 of Annex V of MARPOL.

s 140: Am 2021 No 8, Sch 1.2[165] [167].

141

Entries in relation to prescribed operations or occurrences

141 Entries in relation to prescribed operations or occurrences

(1) The master of a ship in relation to which an operation prescribed by the regulations is carried out, or an occurrence prescribed by the regulations occurs, must—

(a) make appropriate entries in the English language in the ship’s garbage record book, without delay, on the date of the operation or occurrence, or

(b) cause appropriate entries to be made without delay in the English language in the ship’s garbage record book on the date of the operation or occurrence.

Maximum penalty—$22,000.

(2) The master of a ship must ensure that any entry made in relation to an operation or occurrence prescribed by the regulations is signed by the officer or other person in charge of the operation on the date of the operation or occurrence.

Maximum penalty—$22,000.

(3) In this section—

appropriate entry means an entry prescribed by the regulations.

Editor’s note.

See Reg 10.3 of Annex V of MARPOL.

s 141: Am 2021 No 8, Sch 1.2[161] [168].

142

Entries in relation to inspections

142 Entries in relation to inspections

An inspector who inspects a ship must, without delay, make appropriate entries in the English language in the ship’s garbage record book.

Editor’s note.

See Reg 10.5 of Annex V of MARPOL.

s 142: Am 2021 No 8, Sch 1.2[169] [170].

143

False entries in garbage record book

143 False entries in garbage record book

A person must not make an entry that is false or misleading in a material particular in a garbage record book of a ship or platform.

Maximum penalty—$22,000.

Editor’s note.

See Reg 10.5 of Annex V of MARPOL.

s 143: Am 2021 No 8, Sch 1.2[169] [171].

144

Garbage record book to be retained on ship for one year

144 Garbage record book to be retained on ship for one year

The master and the owner of a ship are each guilty of an offence if the ship’s garbage record book—

(a) is not retained on the ship at least until the expiration of a period of one year after the day on which the last entry was made in the book, and

(b) is not made readily available for inspection at all reasonable times at least until the expiration of that period.

Maximum penalty—

(a) in the case of an individual—$5,500, or

(b) in the case of a corporation—$22,000.

Editor’s note.

See Reg 10.3.5 of Annex V of MARPOL.

s 144: Am 2021 No 8, Sch 1.2[172] [173].

145

Garbage record book to be retained

145 Garbage record book to be retained

(1) The owner of a ship must ensure that the ship’s garbage record book is, at least until the expiration of a period of one year after the day on which the book is required to be retained on the ship in accordance with section 144—

(a) retained—

(i) on the ship, or

(ii) at the registered office in the State of the owner, or

(b) if the owner does not reside in the State and does not have an office or agent in the State, deposited with an officer prescribed by the regulations for the purposes of this section.

Maximum penalty—

(a) in the case of an individual—$5,500, or

(b) in the case of a corporation—$22,000.

(2) The owner of a ship must ensure that the ship’s garbage record book is made readily available for inspection at all reasonable times at least until the expiration of the period referred to in subsection (1).

Maximum penalty—

(a) in the case of an individual—$5,500, or

(b) in the case of a corporation—$22,000.

(3) The owner of a ship who resides in the State, or has an office or agent in the State, may from time to time furnish to an officer prescribed by the regulations for the purposes of this section notice, in writing, of an address, being the address of—

(a) the place in the State at which the owner so resides, or

(b) the office in the State or, if there is more than one office in the State, the principal office in the State of the owner, or

(c) the office or place of residence in the State of the owner’s agent or, if the agent has more than one office in the State, the principal office in the State of the agent.

(4) For the purposes of this section, the registered office of an owner of a ship is the place or office for which an address is furnished for the time being under subsection (3) as the registered office in the State of the owner of the ship.

Editor’s note.

See Reg 10.3.5 of Annex V of MARPOL.

s 145: Am 2021 No 8, Schs 1.1[61], 1.2[172] [174].

146

Master may be required to certify entry in garbage record book

146 Master may be required to certify entry in garbage record book

The master of a ship must, if required to do so by an inspector—

(a) provide the inspector with a copy of any entry in the garbage record book for the ship specified by the inspector, and

(b) certify that the copy of the entry is a true copy, in the manner required by the regulations.

Maximum penalty—$8,800.

Editor’s note.

See Reg 10.5 of Annex V of MARPOL.

s 146: Am 2021 No 8, Sch 1.2[169] [175].

147

Admissibility of certified entry in garbage record book

147 Admissibility of certified entry in garbage record book

An entry in a garbage record book certified by the master of a ship is admissible in any proceedings for an offence under this Act as evidence of the facts stated in the entry.

Editor’s note.

See Reg 10.5 of Annex V of MARPOL.

s 147: Am 2021 No 8, Sch 1.2[169] [176].

Part 12

Certification of construction of ships

Part 12 Certification of construction of ships

148

Regulations relating to construction of ships

148 Regulations relating to construction of ships

(1) The regulations may make provision for and in relation to giving effect to any of the following—

(a) Chapters 3 and 4 of Annex I of MARPOL,

(b) Regulations 11 and 12 of Annex II of MARPOL,

(c) (Repealed)

(d) Regulations 2.2, 4 and 11 of Annex IV of MARPOL.

(2) Without limiting the generality of subsection (1), regulations made for the purposes of that subsection may empower the Minister to make orders with respect to any matter for or in relation to which provision may be made by the regulations by virtue of this section.

Editor’s note.

See Chapters 3 and 4 of Annex I, Regulations 11 and 12 of Annex II and Regulations 2.2, 4 and 11 of Annex IV, of MARPOL.

s 148: Am 2021 No 8, Schs 1.1[62], 1.2[177] [178].

149

149 (Repealed)

150

Requirement for ship construction certificate

150 Requirement for ship construction certificate

(1) The master of a prescribed ship must not begin a voyage unless there is a ship construction certificate in force in respect of the ship.

Maximum penalty—$11,000 or imprisonment for 4 years, or both.

(2) The owner of a prescribed ship must not permit the ship to begin a voyage unless a ship construction certificate is in force in respect of the ship.

Maximum penalty—

(a) in the case of an individual—$11,000 or imprisonment for 4 years, or both, or

(b) in the case of a corporation—$55,000.

(3) The owner of a prescribed ship in respect of which a ship construction certificate is in force must ensure that the certificate is carried on board the ship.

Maximum penalty—$1,100.

(4) In this section—

prescribed ship means a ship—

(a) that is—

(i) an oil tanker that has a gross tonnage of 150 or more, or

(ii) a ship, other than an oil tanker, that has a gross tonnage of 400 or more, and

(b) engaged in voyages to ports or offshore terminals under the jurisdiction of other Parties to MARPOL.

ship construction certificate means—

(a) an International Oil Pollution Prevention Certificate issued under section 132 of the Navigation Act 2012 of the Commonwealth, or

(b) a ship construction certificate issued under a law of another State or the Northern Territory that is a certificate of a kind prescribed by the regulations as acceptable for the purposes of this Part, or

(c) an International Oil Pollution Prevention Certificate issued to—

(i) a foreign ship under section 319 of the Navigation Act 2012 of the Commonwealth, or

(ii) a foreign ship under the law of a country other than Australia giving effect to Regulation 7 of Annex I of MARPOL, or

(iii) an Australian ship under the law of a country other than Australia giving effect to Regulation 8 of Annex I of MARPOL.

Editor’s note.

See Chapter 2 of Annex I of MARPOL.

s 150: Am 2021 No 8, Schs 1.1[64], 1.2[179] [180].

151

Requirement for chemical tanker construction certificate

151 Requirement for chemical tanker construction certificate

(1) The master of a prescribed ship must not begin a voyage unless there is a chemical tanker construction certificate in force in respect of the ship.

Maximum penalty—$11,000 or imprisonment for 4 years, or both.

(2) The owner of a prescribed ship must not permit the ship to begin a voyage unless a chemical tanker construction certificate is in force in respect of the ship.

Maximum penalty—

(a) in the case of an individual—$11,000 or imprisonment for 4 years, or both, or

(b) in the case of a corporation—$55,000.

(3) The owner of a prescribed ship in respect of which a chemical tanker construction certificate is in force must ensure that the certificate is carried on board the ship.

Maximum penalty—$1,100.

(4) In this section—

chemical tanker construction certificate means—

(a) an International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk issued under section 132 of the Navigation Act 2012 of the Commonwealth, or

(b) a chemical tanker construction certificate issued under a law of another State or the Northern Territory that is a certificate of a kind prescribed by the regulations as acceptable for the purposes of this Part, or

(c) an International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk issued to—

(i) a foreign ship under section 319 of the Navigation Act 2012 of the Commonwealth, or

(ii) a foreign ship under the law of a country other than Australia giving effect to Regulation 9 of Annex II of MARPOL, or

(iii) an Australian ship under the law of a country other than Australia giving effect to Regulation 9 of Annex II of MARPOL.

prescribed ship means a ship—

(a) intended to carry noxious liquid substances in bulk, and

(b) engaged in voyages to ports or offshore terminals under the jurisdiction of other Parties to MARPOL.

Editor’s note.

See Reg 9.1 of Annex II of MARPOL.

s 151: Am 2021 No 8, Schs 1.1[65], 1.2[181] [182].

152

Requirement for sewage pollution prevention certificate

152 Requirement for sewage pollution prevention certificate

(1) The master of a prescribed ship must not begin a voyage unless—

(a) there is a sewage pollution prevention certificate in force for the ship, and

(b) the sewage pollution prevention certificate complies with—

(i) the condition imposed by Regulation 4.7 of Annex IV of MARPOL, or

(ii) the conditions, if any, prescribed by the regulations.

Maximum penalty—$11,000 or imprisonment for 4 years, or both.

(2) The owner of a prescribed ship must not permit the ship to begin a voyage unless—

(a) there is a sewage pollution prevention certificate in force for the ship, and

(b) the sewage pollution prevention certificate complies with—

(i) the condition imposed by Regulation 4.7 of Annex IV of MARPOL, or

(ii) the conditions, if any, prescribed by the regulations.

Maximum penalty—

(a) in the case of an individual—$11,000 or imprisonment for 4 years, or both, or

(b) in the case of a corporation—$55,000.

(3) The owner of a prescribed ship in respect of which a sewage pollution prevention certificate is in force must ensure that the certificate is carried on board the ship.

Maximum penalty—$1,100.

(4) In this section—

prescribed ship means—

(a) a large ship on an overseas voyage, or

(b) a vessel required to carry a sewage pollution prevention certificate under the laws of another State or the Northern Territory, or

(c) a ship prescribed by the regulations for the purposes of this section.

sewage pollution prevention certificate means—

(a) if the prescribed ship is either a vessel on an overseas voyage with a gross tonnage of 400 or more or a vessel with a gross tonnage of less than 400 that is certified to carry more than 15 persons—an International Sewage Pollution Prevention Certificate issued—

(i) under section 132 of the Navigation Act 2012 of the Commonwealth, or

(ii) to a foreign ship under section 319 of the Navigation Act 2012 of the Commonwealth, or

(iii) to a foreign ship under the law of a country other than Australia giving effect to Regulation 5 of Annex IV of MARPOL, or

(iv) to an Australian ship under the law of a country other than Australia giving effect to Regulation 6 of Annex IV of MARPOL, or

(b) if the prescribed ship is on an voyage, other than an overseas voyage, and is a vessel under the jurisdiction of another State or the Northern Territory that is required to carry a sewage pollution prevention certificate under the laws of the other jurisdiction—a sewage pollution prevention certificate issued under a law of the jurisdiction of another State or the Northern Territory, prescribed by the regulations as being a sewage pollution prevention certificate, or

(c) for a vessel prescribed in the regulations for the purposes of this section that is not a vessel specified in paragraphs (a) or (b)—a certificate issued in accordance with the regulations.

Editor’s note.

See Reg 5 of Annex IV of MARPOL.

s 152: Am 2021 No 8, Schs 1.1[66]–[69], 1.2[183] [184].

Part 13

Ships must be insured against damage by discharge of oil

Part 13 Ships must be insured against damage by discharge of oil

173

Application of Part

173 Application of Part

This Part does not apply to—

(a) the following ships unless the regulations declare otherwise—

(i) a ship that has a gross tonnage of 400 or more,

(ii) a ship used wholly for the purpose of recreational or sporting activities and not for hire or reward,

(iii) a ship less than 30 metres in length,

(iv) a seaplane,

(v) a Government ship, other than a Government ship that is being used for commercial purposes, or

(b) a ship of any class declared by the regulations to be a class of exempt ship for the purposes of this Part, or

(c) a particular ship declared to be an exempt ship for the purposes of this Part by written notice of the Minister given to the owner or master of the ship.

s 173: Am 2021 No 8, Sch 1.2[185].

174

Ships must be insured against oil pollution

174 Ships must be insured against oil pollution

(1) The master and the owner of a ship are each guilty of an offence if the ship is in State waters without having adequate insurance.

Maximum penalty—

(a) in the case of an individual—$55,000, or

(b) in the case of a corporation—$110,000.

(2) In this section—

adequate insurance in relation to a ship means—

(a) such insurance or financial security against damage that may be caused by a discharge of oil or a mixture containing oil as the Minister—

(i) determines, by order, is adequate in relation to a particular ship or class of ships, or

(ii) approves in relation to a particular ship, and notifies in writing to the owner or master of the ship, or

(b) if a ship is required by the Protection of the Sea (Civil Liability) Act 1981 of the Commonwealth to carry a relevant insurance certificate on board, such a certificate in respect of the ship that is in force.

relevant insurance certificate has the same meaning as in the Protection of the Sea (Civil Liability) Act 1981 of the Commonwealth.

s 174: Am 2021 No 8, Sch 1.2[186].

175

Ships must carry evidence of insurance

175 Ships must carry evidence of insurance

The master and the owner of a ship are each guilty of an offence if the ship is in State waters without carrying on board evidence of the insurance required by section 174.

Maximum penalty—

(a) in the case of an individual—$55,000, or

(b) in the case of a corporation—$110,000.

s 175: Am 2021 No 8, Sch 1.2[186].

176

Ship may be detained

176 Ship may be detained

An inspector may detain a ship in a port or at some other place if the inspector believes on reasonable grounds that the ship does not have adequate insurance as required by section 174, or is not carrying on board evidence of that insurance as required by section 175.

s 176: Am 2021 No 8, Sch 1.2[187].

177

Detained ship must not leave port

177 Detained ship must not leave port

(1) The master and the owner of a ship detained under this Part are each guilty of an offence if the ship departs the port or other place at which it is detained before it is released from detention.

Maximum penalty—

(a) in the case of an individual—$55,000, or

(b) in the case of a corporation—$110,000.

(2) A person is not guilty of an offence under this section if the person can establish that he or she was not aware that the ship had been detained.

s 177: Am 2021 No 8, Sch 1.2[188].

Part 14

Reception facilities for collecting waste

Part 14 Reception facilities for collecting waste

178

Minister may arrange for provision of reception facilities

178 Minister may arrange for provision of reception facilities

The Minister may provide, join with any other person (including the Crown) in providing, arrange for the provision of, or direct the provision of—

(a) reception facilities for oil residues, and mixtures containing oil or oil residues, in accordance with Regulation 38 of Annex I of MARPOL, and

(b) reception facilities for residues of noxious liquid substances, and mixtures containing residues of noxious liquid substances, in accordance with Regulation 18 of Annex II of MARPOL, and

(c) reception facilities for sewage, and mixtures containing sewage, in accordance with Regulation 12 of Annex IV of MARPOL, and

(d) reception facilities for garbage, and mixtures containing garbage in accordance with Regulation 8 of Annex V of MARPOL, and

(e) reception facilities for exhaust gas cleaning residues from an exhaust gas cleaning system under Regulation 17 of Annex VI of MARPOL.

s 178: Am 2021 No 8, Schs 1.1[71] [72], 1.2[189].

179

Regulations concerning reception facilities

179 Regulations concerning reception facilities

The regulations may fix charges and impose conditions for the use of reception facilities provided or arranged under this Part.

s 179: Am 2021 No 8, Sch 1.2[190].

180

Minister may require person to provide, maintain and make available reception facilities

180 Minister may require person to provide, maintain and make available reception facilities

(1) The Minister may serve a written notice on the owner or occupier of a reception facility prescribed by the regulations, requiring that owner or occupier—

(a) provide facilities of a standard satisfactory to the Minister for the reception or disposal, or both, of waste prescribed by the regulations from or by ships berthed, docked or otherwise being at the establishment, and

(b) maintain the facilities in good order and condition, and

(c) make the facilities available to enable ships to dispose of the waste prescribed by the regulations.

(2) In this section—

prescribed waste means any of the following—

(a) oil or residues of oil,

(b) noxious liquid substances or residues of noxious liquid substances,

(c) sewage or residues of sewage,

(d) garbage or residues of garbage,

(e) exhaust gas cleaning residues from an exhaust gas cleaning system.

reception facility means any of the following—

(a) an oil terminal, oil depot, oil installation or other establishment used for the loading or unloading of oil or oil residues,

(b) a terminal, depot, installation or other establishment used for the loading or unloading of other prescribed waste,

(c) any establishment at which ships are repaired or other work is performed relating to ships and involving the disposal of prescribed waste.

s 180: Am 2021 No 8, Schs 1.1[73], 1.2[191].

181

Owner or occupier must comply with requirement relating to reception facilities

181 Owner or occupier must comply with requirement relating to reception facilities

An owner or occupier of a reception facility prescribed by the regulations under section 180 must comply with a requirement made by a notice served on the owner or occupier under this Part.

Maximum penalty—$110,000.

s 181: Am 2021 No 8, Sch 1.2[192].

182

Notices

182 Notices

A notice served under this Part—

(a) must be served on the owner or occupier of the reception facility prescribed by the regulations under section 180 to which it relates—

(i) in any manner in which a summons or other process for an offence against this Act may be served, or

(ii) by delivering it to the owner or the occupier or the person appearing to be in charge of the prescribed reception facility, and

(b) may specify a time within which the requirement is to be complied with, and

(c) may be revoked or varied by a further written notice.

s 182: Am 2021 No 8, Sch 1.2[193].

Part 15

Minister may take action to prevent or clean up pollution

Part 15 Minister may take action to prevent or clean up pollution

183

Minister may take action to prevent or clean up marine pollution

183 Minister may take action to prevent or clean up marine pollution

(1) The Minister may take any preventative or clean-up action that the Minister thinks fit, or cause any preventative or clean-up action that the Minister thinks fit to be taken, if the Minister is of the opinion that—

(a) a relevant discharge of a marine pollutant has occurred or is occurring, or

(b) there is a probability of a relevant discharge of a marine pollutant occurring, or

(c) marine pollutants are, or have been carried, on a vessel that has been abandoned, is out-of-commission or derelict.

(2) For this purpose, an inspector, officer, employee or agent of the Minister, using such force as is necessary, may—

(a) enter, take and retain possession of any ship, place, apparatus, facility or pipeline, and

(b) take and retain possession of any substance or thing, and

(c) use and operate any apparatus or machinery, and

(d) do all such things as are necessary for the purpose of causing a marine pollution prevention notice or a marine pollution removal notice to be complied with.

(3) In this section—

marine pollution prevention notice has the same meaning as in Part 16.

marine pollution removal notice has the same meaning as in Part 16.

preventative or clean-up action means action—

(a) to prevent or limit a discharge, or

(b) to disperse or contain any marine pollutant that has been discharged, or

(c) to remove any marine pollutant from waters or land affected by any discharge, or

(d) to minimise the damage from pollution resulting from or likely to result from any discharge, or

(e) to prevent, minimise, remove, disperse or destroy a marine pollutant or prevent, minimise or mitigate pollution that is likely to occur from a vessel that has been abandoned, is out-of-commission or derelict.

relevant discharge of a marine pollutant means—

(a) a discharge of oil—

(i) from a ship, or

(ii) from a place on land in, or in connection with, a transfer operation, or

(iii) from any apparatus or purpose-built pipeline used in, or in connection with, a transfer operation, whether or not it is being so used, or

(b) a discharge of a noxious liquid substance—

(i) from a ship, or

(ii) from a place on land in, or in connection with, a transfer operation, or

(iii) from any apparatus or purpose-built pipeline used in, or in connection with, a transfer operation, whether or not it is being so used, or

(c) the jettisoning of a harmful substance in packaged form from a ship, or

(d) a discharge of sewage from a large ship, or

(e) a discharge of garbage from a ship.

s 183: Am 2021 No 8, Schs 1.1[74]–[77], 1.2[194].

184

Recovery of costs and expenses of preventative action or clean-up action

184 Recovery of costs and expenses of preventative action or clean-up action

(1) The Minister may recover all costs and expenses incurred by the Minister in respect of action taken by or on behalf of the Minister under this Part from—

(a) in the case of a discharge or probable discharge of a marine pollutant from a ship—

(i) the owner or master of the ship concerned, or

(ii) any other person whose act caused the discharge or probable discharge, or

(b) in the case of a discharge or probable discharge of oil or a noxious liquid substance from an apparatus on a ship in, or in connection with, a transfer operation—

(i) the owner of the ship, or

(ii) the master of the ship, or

(iii) the owner of the apparatus, or

(iv) the person in charge of the apparatus, or

(v) any other person whose act caused the discharge or probable discharge, or

(c) in the case of a discharge or probable discharge of oil or a noxious liquid substance from a ship in, or in connection with, a transfer operation—

(i) the owner of the ship, or

(ii) the master of the ship, or

(iii) the person in charge of the transfer operation of the ship, or

(iv) any other person whose act caused the discharge or probable discharge, or

(d) in the case of a discharge or probable discharge of oil or a noxious liquid substance from an apparatus on a place on land in, or in connection with, a transfer operation—

(i) the occupier of the land, or

(ii) the owner of the apparatus, or

(iii) the person in charge of the apparatus, or

(iv) any other person whose act caused the discharge or probable discharge, or

(e) in the case of a discharge or probable discharge of oil or a noxious liquid substance from a place on land in, or in connection with, a transfer operation—

(i) the occupier of the land, or

(ii) any other person whose act caused the discharge or probable discharge, or

(f) in the case of a discharge or probable discharge of oil or a noxious liquid substance from a purpose-built pipeline in, or in connection with, a transfer operation—

(i) the occupier of the land on which the pipeline is situated, or

(ii) the person in charge of the pipeline, or

(iii) the owner of the pipeline, or

(iv) any other person whose act caused the discharge or probable discharge, or

(g) if the action is for a vessel that has been abandoned, is out-of-commission or derelict—the owner of the vessel within the meaning of section 202A(6).

(2) The costs and expenses referred to in subsection (1)—

(a) may be awarded in the course of proceedings for an offence in respect of a discharge, whether or not the owner, master or person is convicted of an offence, or

(b) may be recovered as a debt due in a court of competent jurisdiction, despite the fact that proceedings have not been taken for an offence in respect of the discharge.

s 184: Am 2021 No 8, Schs 1.1[78], 1.2[195].

185

Costs and expenses incurred by Minister are charges on ship

185 Costs and expenses incurred by Minister are charges on ship

The amount of any costs and expenses incurred by the Minister in respect of action taken by or on behalf of the Minister under this Part that relates to a ship is a charge on the ship.

s 185: Am 2021 No 8, Sch 1.2[196].

186

Detention of ship until recovery of costs and expenses or giving of security

186 Detention of ship until recovery of costs and expenses or giving of security

A ship may be detained by a person authorised by the Minister for the purposes of this section until the amount of any costs and expenses incurred by the Minister in respect of action taken by or on behalf of the Minister under this Part is paid or security for the payment of the amount is provided in accordance with Part 18.

s 186: Am 2021 No 8, Sch 1.2[197].

187

Detained ship must not leave port

187 Detained ship must not leave port

(1) The master and the owner of a ship detained under this Part are each guilty of an offence if the ship departs the port or other place at which it is detained before it is released from detention.

Maximum penalty—

(a) in the case of an individual—$55,000, or

(b) in the case of a corporation—$110,000.

(2) A person is not guilty of an offence under this section if the person can establish that he or she was not aware that the ship had been detained.

188

Obstruction of officers is an offence

188 Obstruction of officers is an offence

(1) A person must not wilfully obstruct a person who is taking action on behalf of the Minister under this Part.

Maximum penalty—$220,000.

(2) This section does not apply to a person who obstructs a person—

(a) for the purpose of securing the safety of a ship or saving life at sea, or

(b) with the approval of an officer prescribed by the regulations for the purposes of this section, for the purpose of combating specific pollution incidents in order to minimise the damage from pollution.

s 188: Am 2021 No 8, Sch 1.2[198].

More sections below

Source text: opening excerpt

Sourced from legislation.nsw.gov.au, CC BY 4.0.

Part 1 Preliminary

1 Name of Act

This Act is the Marine Pollution Act 2012.

2 Commencement

This Act commences on a day or days to be appointed by proclamation.

2A Object of Act

(1) The object of this Act is to enhance the protection of New South Wales State waters from marine pollution from vessels.

(2) This object is to be achieved primarily by giving effect to the relevant provisions of the following Annexes of MARPOL—

• Annex I, which deals with prevention of pollution by oil,

• Annex II, which deals with control of pollution by noxious liquid substances in bulk,

• Annex III, which deals with prevention of pollution by harmful substances in packaged form,

• Annex IV, which deals with prevention of pollution by sewage,

• Annex V, which deals with prevention of pollution by garbage.

(3) The object is also to be achieved by providing—

(a) an approach to protecting New South Wales State waters from ship-sourced pollutants that is complementary to the approach of the Commonwealth, and

(b) an effective framework for the protection of New South Wales State waters from pollution from vessels, and

(c) for the investigation of marine pollution incidents and for appropriate action following a marine pollution incident, and

(d) for the imposition of penalties on persons who pollute New South Wales State waters in contravention of this Act.

s 2A: Ins 2021 No 8, Sch 1.1[1].