(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.
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.
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.