MARINE POLLUTION REGULATIONS 2003 (Northern Territory)

The Marine Pollution Regulations 2003 (NT) operationalise duties and exemptions under the Marine Pollution Act 1999 for ships in Northern Territory coastal waters. Mechanically the instrument does the following.

It prescribes definitions (reg 3) used throughout the Regulations, notably “trading ship”, “fishing vessel”, “IOPP Certificate”, “oily mixture” and “food waste”.
It creates explicit statutory exemptions from the Act’s discharge prohibitions for particular oil and noxious liquid discharges when technical conditions are met (regs 4-6, 12-16). Those conditions are granular: limits on oil content (15 parts per million), vessel speed and distance from land, depth of water, tank washing procedures, and technical apparatus (eg oily-water separators or MARPOL Regulation 16 equipment).
It imposes procedural duties on shipowners and masters to carry and retain record books for oil, cargo (noxious liquids) and garbage (regs 8, 18, 30), prescribes their form (regs 9, 19, 32) and sets out the required contents and signatures for entries (regs 10, 20, 33). Schedule 1 lists the recordable operations and events that trigger entries.
It requires a shipboard oil pollution emergency plan in an approved form, submission for approval with a specific fee (reg 7(2)), and gives the Chief Executive Officer (CEO) power to approve or refuse (regs 7(2)-(4)).
It prescribes tank-washing regimes and port reception requirements for noxious liquid substances categorised A-D in accordance with Annex II to MARPOL (regs 11-26). It sets out authorised officer supervision and residual concentration thresholds for Category A substances (regs 21-23), approved pumping and prewash regimes for B and C (reg 24) and discharge/dilution rules for D (regs 15, 25).

NORTHERN TERRITORY OF AUSTRALIA MARINE POLLUTION REGULATIONS 2003 As in force at 10 March 2020 Table of provisions Part 1 Preliminary 1 Citation ............................................................................................ 1 2 Commencement .............................................................................. 1 3 Definitions ........................................................................................ 1 Part 2 Oil Division 1 Exemptions 4 Oil tankers ....................................................................................... 2 5 Ships other than oil tankers ............................................................. 2 6 Ballast and unprocessed oily mixtures ............................................ 3 Division 2 Shipboard emergency plan 7 Shipboard oil pollution emergency plan ........................................... 3 Division 3 Oil record book 8 Oil record book to be carried on ship or retained ............................. 4 9 Form of oil record book .................................................................... 5 10 Entries in oil record book ................................................................. 5 Part 3 Noxious liquid substances in bulk Division 1 Exemptions 11 Categorization of substances .......................................................... 6 12 Category A substances ................................................................... 6 13 Category B substances ................................................................... 6 14 Category C substances ................................................................... 7 15 Category D substances ................................................................... 8 16 Conditions for exempted discharges ............................................... 8 Division 2 Certain noxious liquid substances to be treated as oil 17 Conditions of carrying oil-like substance ......................................... 9

Marine Pollution Regulations 2003 ii Division 3 Cargo record book 18 Cargo record book ........................................................................... 9 19 Form of cargo record book ............................................................ 10 20 Entries in cargo record book .......................................................... 10 Division 4 Tank washing 21 Category A substances ................................................................. 11 22 Approved washing procedure – Category A substances ............... 12 23 Alternative washing procedure – Category A substances ............. 12 24 Category B and C substances ....................................................... 13 25 Category D substances ................................................................. 14 26 Discharge from slop tank ............................................................... 14 Part 4 Packaged harmful substances 27 Jettisoning of harmful substances ................................................. 14 Part 5 Garbage Division 1 Garbage management and records 28 Ships to display placards ............................................................... 15 29 Garbage management plan ........................................................... 15 30 Garbage record book ..................................................................... 16 31 Exemption from garbage record book requirement ....................... 16 32 Form of garbage record book ........................................................ 16 33 Entries in garbage record book...................................................... 17 Division 2 Disposal of garbage into the sea 34 Food waste .................................................................................... 17 35 Mixture of garbage and other matter ............................................. 18 Part 6 Transfer operations 36 Record keeping ............................................................................. 18 Part 7 Reporting requirements 37 Notification of reportable incident .................................................. 19 38 Time for report about incident ........................................................ 20 Part 8 Samples 39 Integrity and security of samples taken for analysis ...................... 20 40 Analyst's report .............................................................................. 20

Marine Pollution Regulations 2003 iii Part 9 Miscellaneous 41 Record books obtainable from Chief Executive Officer ................. 20 42 Registered office............................................................................ 21 43 Labour costs .................................................................................. 21 44 Compensation ............................................................................... 21 Schedule 1 Recordable operations and events ENDNOTES

NORTHERN TERRITORY OF AUSTRALIA

As in force at 10 March 2020

MARINE POLLUTION REGULATIONS 2003 Regulations under the Marine Pollution Act 1999 Part 1 Preliminary 1 Citation These Regulations may be cited as the Marine Pollution Regulations 2003. 2 Commencement These Regulations come into operation on the commencement of section 99 of the Act. 3 Definitions In these Regulations, unless the contrary intention appears: approved means approved by the Chief Executive Officer. fishing vessel means a vessel that is used wholly or principally for fishing operations and includes a vessel that is used: (a) to provide food, fuel and other supplies to persons who are engaged in fishing operations; or (b) to transport crew and other persons who are engaged in fishing operations. food waste means any spoiled or unspoiled victual substances generated in the normal operation of the ship, and includes fruits, vegetables, dairy products, poultry, meat products, food scraps and food particles. IMO means the International Maritime Organization. IOPP Certificate means an International Oil Pollution Prevention Certificate issued in accordance with Annex I to MARPOL. oily mixture means a mixture with any oil content.

Part 2 Oil Division 1 Exemptions Marine Pollution Regulations 2003 2 registered office has the meaning given by regulation 42. trading ship means a ship (other than a Commonwealth vessel under the Commonwealth Navigation Act or a fishing vessel) that is used for or in connection with any business or commercial activity and includes a vessel that is used wholly or principally for: (a) the carriage of passengers or cargo for hire or reward; or (b) the provision of services to ships or shipping whether for reward or otherwise. Part 2 Oil Division 1 Exemptions 4 Oil tankers Section 14 of the Act does not apply in relation to a discharge of oil from an oil tanker from its machinery space bilges (other than its cargo pump room bilges) if: (a) the oil does not include oil cargo residue; (b) the tanker is proceeding en route; (c) the oil content of the effluent does not exceed 15 parts in one million parts; and (d) the tanker has in operation oily-water separating equipment in accordance with the tanker's IOPP Certificate. 5 Ships other than oil tankers Section 14 of the Act does not apply in relation to a discharge of oil or an oily mixture from a ship that has a gross tonnage of 400 or more and is not an oil tanker if: (a) the ship is proceeding en route; (b) the oil content of the effluent does not exceed 15 parts in one million parts; and (c) the ship has in operation equipment required under Regulation 16 of Annex I to MARPOL.

Part 2 Oil Division 2 Shipboard emergency plan Marine Pollution Regulations 2003 3 6 Ballast and unprocessed oily mixtures (1) Section 14 of the Act does not apply in relation to a discharge of clean or segregated ballast (within the meaning of Annex I to MARPOL) or an unprocessed oily mixture if: (a) the oily mixture does not originate from the cargo pump room bilges of the ship; (b) the oily mixture does not include oil cargo residue; and (c) the oil content of the mixture without dilution does not exceed 15 parts in one million parts. (2) In this regulation, a reference to an oily mixture does not include an oily mixture that 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 bring a discharge of oil or an oily mixture within an exemption provided in this Division from the operation of section 14 of the Act. Division 2 Shipboard emergency plan 7 Shipboard oil pollution emergency plan (1) A ship's shipboard oil pollution emergency plan required under section 17 of the Act must be in the approved form and include the following particulars: (a) the procedure to be followed by the ship's master or other person having charge of the ship in notifying an incident involving the ship if a discharge of oil happens; (b) a list of the authorities or persons to be notified by persons on the ship if the incident happens; (c) a detailed description of the action to be taken immediately after the incident by persons on board the ship to reduce or control any discharge of oil from the ship resulting from the incident; (d) the procedures to be followed for coordinating with authorities or persons that have been contacted and the name of the person on board the ship through whom all communications are to be made.

Part 2 Oil Division 3 Oil record book Marine Pollution Regulations 2003 4 (2) The ship's owner must submit the plan and an approval fee of 57 revenue units to the Chief Executive Officer for approval. (3) The Chief Executive Officer may approve the plan or refuse to approve it. (4) If the Chief Executive Officer refuses to approve the plan, he or she must advise the ship's owner of the reasons for refusing to approve it. Division 3 Oil record book 8 Oil record book to be carried on ship or retained (1) A ship that is not an oil tanker and has a gross tonnage of 400 or more must carry a current oil record book (Part I) that is readily available for inspection at all reasonable times. (2) A ship that is an oil tanker and has a gross tonnage of 150 or more must carry a current oil record book (Part I and II) that is readily available for inspection at all reasonable times. (3) Any previous oil record book must be carried on the ship and be readily available for inspection at all reasonable times for at least one year from the date of the last entry made in the book. (4) After the one year period referred to in subregulation (3), the previous oil record book must be kept for a further 2 years: (a) if the ship's owner has a registered office – on board the ship or at the registered office; or (b) subject to subregulation (5), if the ship's owner does not have a registered office – on board the ship, and be readily available for inspection at all reasonable times. (5) If the ship's owner does not have a registered office, the previous oil record book may be deposited with the Chief Executive Officer and the book will be taken to be readily available for inspection. (6) If a ship does not carry a current oil record book in accordance with subregulation (1) or (2), or a previous oil record book in accordance with subregulation (3), the ship's master and owner each commit an offence. Maximum penalty: 100 penalty units.

Part 2 Oil Division 3 Oil record book Marine Pollution Regulations 2003 5 (7) If a previous oil record book is not kept in accordance with subregulation (4) or deposited with the Chief Executive Officer in accordance with subregulation (5), the ship's owner commits an offence. Maximum penalty: 100 penalty units. 9 Form of oil record book An oil record book must contain the particulars set out in Appendix III to Annex 1 to MARPOL and must make provision for a signature for each entry made in it and for each page of it. 10 Entries in oil record book (1) If a recordable operation or event is carried out or happens in or in relation to a ship, the ship's master must make or cause to be made an appropriate entry about the operation or event in the oil record book without delay. Maximum penalty: 100 penalty units. (2) An entry in a ship's oil record book must: (a) be made in the English language; (b) include the particulars required by Appendix III to Annex 1 to MARPOL; and (c) be signed by: (i) for a recordable operation – the officer or other person in charge of the operation; or (ii) for a recordable event – the person in control of the ship. Maximum penalty: 100 penalty units. (3) When a page of a ship's oil record book is completed, the ship's master must sign the page without delay. Maximum penalty: 100 penalty units. (4) In this regulation, recordable operation or event means an operation or event mentioned in Schedule 1, Part 1 that takes place or occurs in coastal waters.

Part 3 Noxious liquid substances in bulk Division 1 Exemptions Marine Pollution Regulations 2003 6 Part 3 Noxious liquid substances in bulk Division 1 Exemptions 11 Categorization of substances The categorization of a noxious liquid substance as a Category A, B, C or D substance is in accordance with Annex II to MARPOL. 12 Category A substances Section 21 of the Act does not apply in relation to a discharge from a ship of a Category A substance or a mixture containing a Category A substance if: (a) one or more of the ship's tanks held the Category A substance or the mixture containing a Category A substance; (b) the tank has been washed in accordance with regulation 22 or 23; (c) any residue remaining in the tank has been diluted by the addition of water; and (d) the water containing the residue is discharged in accordance with regulation 16(1). 13 Category B substances Section 21 of the Act does not apply in relation to a discharge from a ship of a Category B substance or a mixture containing a Category B substance if: (a) an authorised officer has approved procedures and arrangements: (i) that are based on standards developed by the IMO; (ii) that ensure that the rate of discharge of the Category B substance or the mixture containing a Category B substance will result in a concentration of the substance in the wake astern of the ship that is not more than one part in one million parts; and

Part 3 Noxious liquid substances in bulk Division 1 Exemptions Marine Pollution Regulations 2003 7 (iii) that provide that the maximum quantity of the substance or mixture to be discharged is, in the case of each tank of the ship from which the discharge is to be made (including the pipe system associated with the tank): (A) one three-thousandth of the tank capacity in cubic metres; or (B) one cubic metre; whichever is greater; (b) the effluent does not also contain a Category A substance; and (c) the discharge of the Category B substance or mixture is made in accordance with: (i) the approved procedures and arrangements; and (ii) regulation 16(1). 14 Category C substances Section 21 of the Act does not apply in relation to a discharge from a ship of a Category C substance or a mixture containing a Category C substance if: (a) an authorised officer has approved procedures and arrangements: (i) that are based on standards developed by the IMO; (ii) that ensure that the rate of discharge of the Category C substance or the mixture containing a Category C substance will result in a concentration of the substance in the wake astern of the ship that is not more than 10 parts in one million parts; and (iii) that provide that the maximum quantity of the substance or mixture to be discharged is, in the case of each tank of the ship from which the discharge is to be made (including the pipe system associated with the tank): (A) one one-thousandth of the tank capacity in cubic metres; or (B) 3 cubic metres; whichever is greater;

Part 3 Noxious liquid substances in bulk Division 1 Exemptions Marine Pollution Regulations 2003 8 (b) the effluent does not also contain a Category A or B substance; and (c) the discharge of the Category C substance or mixture is made in accordance with: (i) the approved procedures and arrangements; and (ii) regulation 16(1). 15 Category D substances Section 21 of the Act does not apply in relation to a discharge from a ship of a Category D substance or a mixture containing a Category D substance if: (a) the Category D substance or the mixture containing a Category D substance has been mixed with water so that the concentration of the substance is not more than one part in 10 parts of water; (b) the mixture does not also contain a Category A, B or C substance; and (c) the discharge of the Category D substance or mixture is made in accordance with regulation 16(2). 16 Conditions for exempted discharges (1) A Category A, B, or C substance may be discharged from a ship under regulation 12, 13 or 14 (respectively) if: (a) the ship is en route at a speed of at least 7 knots or, if the ship is not self-propelled, 4 knots; (b) the discharge is made below the waterline of the ship taking into account the location of the sea-water intakes; and (c) the ship is at least 12 n miles from the nearest land and in water at least 25 m deep. (2) A Category D substance may be discharged from a ship under regulation 15 if: (a) the ship is en route at a speed of at least 7 knots or, if the ship is not self-propelled, 4 knots; and (b) the ship is at least 12 n miles from the nearest land.

Part 3 Noxious liquid substances in bulk Division 3 Cargo record book Marine Pollution Regulations 2003 9 Division 2 Certain noxious liquid substances to be treated as oil 17 Conditions of carrying oil-like substance (1) An oil tanker that is carrying a Category C or D substance that is identified by the IMO as an oil-like substance must comply with the provisions of Annex I of MARPOL that apply to product carriers within the meaning of that Annex. (2) If an oil tanker is carrying an oil-like substance and the tanker is required under the Navigation Act 1912 of the Commonwealth to have an IOPP Certificate and its supplement B, with an endorsement: (a) indicating that the ship is permitted to carry oil-like substances in conformity with Regulation 14 of Annex II to MARPOL; and (b) specifying the oil-like substances the ship is permitted to carry, the tanker must carry the appropriate certificate and the certificate must permit the tanker to carry the oil-like substance concerned. (3) If an oil tanker is carrying an oil-like substance that is a Category C substance, the tanker must comply with the ship type 3 damage stability requirements of: (a) if the tanker was constructed on or after 1 July 1986 – the International Bulk Chemical Code; or (b) if the tanker was constructed before 1 July 1986 – the Bulk Chemical Code applicable under Regulation 13 of Annex II to MARPOL. (4) If an oil tanker is carrying an oil-like substance, the oil content meter in the oil discharge monitoring and control system of the tanker must be approved by an authorised officer for use in monitoring the oil-like substances carried. Division 3 Cargo record book 18 Cargo record book (1) A trading ship carrying noxious liquid substances in bulk and proceeding on a voyage entirely within the Territory must carry a current cargo record book that is readily available for inspection at all reasonable times.

Part 3 Noxious liquid substances in bulk Division 3 Cargo record book Marine Pollution Regulations 2003 10 (2) Any previous cargo record book must be carried on the ship and be readily available for inspection at all reasonable times for at least one year from the date of the last entry made in the book. (3) After the one year period referred to in subregulation (2), the previous cargo record book must be kept for a further 2 years: (a) if the ship's owner has a registered office – on board the ship or at the registered office; or (b) subject to subregulation (4), if the ship's owner does not have a registered office – on board the ship, and be readily available for inspection at all reasonable times. (4) If the ship's owner does not have a registered office, the previous cargo record book may be deposited with the Chief Executive Officer and the book will be taken to be readily available for inspection. (5) If a ship does not carry a current cargo record book in accordance with subregulation (1) or a previous cargo record book in accordance with subregulation (2), the ship's master and owner each commit an offence. Maximum penalty: 100 penalty units. (6) If a previous cargo record book is not kept in accordance with subregulation (3) or deposited with the Chief Executive Officer in accordance with subregulation (4), the ship's owner commits an offence. Maximum penalty: 100 penalty units. 19 Form of cargo record book A cargo record book must contain the particulars set out in Appendix IV of Annex II to MARPOL and must make provision for a signature for each entry made in it and for each page of it. 20 Entries in cargo record book (1) If a recordable operation or event is carried out or happens in or in relation to a ship, the ship's master must make or cause to be made an appropriate entry about the operation or event in the cargo record book without delay. Maximum penalty: 100 penalty units.

Part 3 Noxious liquid substances in bulk Division 4 Tank washing Marine Pollution Regulations 2003 11 (2) An entry in a ship's cargo record book must: (a) be made in the English language; (b) include the particulars required by Appendix IV to Annex II to MARPOL; and (c) be signed by: (i) for a recordable operation – the officer or other person in charge of the operation; or (ii) for a recordable event – the person in control of the ship. Maximum penalty: 100 penalty units. (3) When a page of a ship's cargo record book is completed, the ship's master must sign the page without delay. Maximum penalty: 100 penalty units. (4) In this regulation, recordable operation or event means an operation or event mentioned in Schedule 1, Part 2 that takes place or occurs in coastal waters. Division 4 Tank washing 21 Category A substances (1) Subject to subregulation (2), a tank from which a Category A substance has been unloaded must be washed in accordance with the procedure set out in regulation 22 before the ship leaves the port of unloading. (2) If application is made by the ship's master, the Chief Executive Officer may exempt the ship from compliance with subregulation (1) if he or she is satisfied that: (a) the tank unloaded is to be reloaded with the same substance or another substance compatible with the substance unloaded and the tank will not be washed or ballasted before loading; (b) the tank unloaded is not to be washed or ballasted at sea and an alternative washing procedure complying with regulation 22 or 23 will be carried out at another port; or (c) the cargo residues will be removed by a ventilation procedure approved by the Chief Executive Officer and based on standards developed by IMO.

Part 3 Noxious liquid substances in bulk Division 4 Tank washing Marine Pollution Regulations 2003 12 (3) For the purposes of subregulation (2)(b), the Chief Executive Officer is taken to be satisfied if the ship's master: (a) undertakes in writing to have the procedure carried out at the other port; and (b) provides written confirmation from an officer or employee of the other port that the port has a reception facility available and adequate for the purpose. 22 Approved washing procedure – Category A substances (1) A tank from which a Category A substance has been unloaded must be washed under the supervision of an authorised officer. (2) The effluent from the tank washing must be discharged to a reception facility until the concentration of the Category A substance in the discharge, as indicated by analysis of samples of the effluent taken by the authorised officer, has fallen to a residual concentration of 0.1% or less by weight (if the substance is phosphorus, yellow or white – a residual concentration of 0.01% or less by weight). (3) When the required residual concentration is achieved, the discharge of the remaining contents of the tank to the reception facility is to continue until the tank is empty. (4) The authorised officer must sign the entry in the cargo record book recording the carrying out of the procedure. 23 Alternative washing procedure – Category A substances If the Chief Executive Officer is satisfied that it is impracticable to measure the concentration of the substance in the effluent without causing undue delay to the ship, he or she may accept an alternative procedure proposed by the ship's master as being equivalent to the approved procedure under regulation 22 if: (a) the tank is prewashed in accordance with a procedure approved by the Chief Executive Officer and based on standards developed by IMO; and (b) an authorised officer certifies in the cargo record book that: (i) the prewash has been carried out in accordance with the prewash procedure approved by the Chief Executive Officer for the tank and the substance; and

Part 3 Noxious liquid substances in bulk Division 4 Tank washing Marine Pollution Regulations 2003 13 (ii) the tank contents resulting from the prewash have been discharged to a reception facility and the tank, its pump and piping systems are empty. 24 Category B and C substances (1) A Category B or C substance must be unloaded using a pumping procedure approved by the Chief Executive Officer and based on standards developed by IMO under regulation 5A(5) of Annex II to MARPOL. (2) Subject to subregulation (4), a tank from which a Category B or C substance has been unloaded must be prewashed in accordance with a procedure approved by the Chief Executive Officer and based on standards developed by IMO before the ship leaves the port of unloading if: (a) the substance unloaded is identified in the standards developed by IMO as resulting in a residue quantity more than the maximum quantity for the substance that may be discharged into the sea under regulation 13 or 14; or (b) the unloading is not carried out in accordance with the pumping conditions for the tank approved by the Chief Executive Officer – unless an authorised officer is satisfied that alternative measures have been taken to remove the cargo residues from the ship. (3) The tank contents resulting from the prewash procedure must be discharged to a reception facility at the port of unloading. (4) For the purposes of subregulation (2)(b), the authorised officer is taken to be satisfied that cargo residues have been removed if the residues are reduced to quantities stated in Regulation 5A of Annex II to MARPOL for the substance. (5) If application is made by the ship's master, the Chief Executive Officer may exempt the ship from compliance with subregulation (2) if he or she is satisfied that: (a) the tank unloaded is to be reloaded with the same substance or another substance compatible with the substance unloaded and the tank will not be washed or ballasted before loading; (b) the tank unloaded is not to be washed or ballasted at sea and a prewashing procedure complying with regulation 23 will be carried out at another port; or

Part 4 Packaged harmful substances Marine Pollution Regulations 2003 14 (c) the cargo residues will be removed by a ventilation procedure approved by the Chief Executive Officer and based on standards developed by IMO. (6) For the purposes of subregulation (5)(b), the Chief Executive Officer is taken to be satisfied if the ship's master: (a) undertakes in writing to have the procedure carried out at the other port; and (b) provides written confirmation from an officer or employee of the other port that the port has a reception facility available and adequate for the purpose. 25 Category D substances (1) Subject to subregulation (2), a tank from which a Category D substance has been unloaded must be washed and the resulting tank contents discharged to a reception facility before the ship leaves the port of unloading. (2) If a tank from which a Category D substance has been unloaded is not washed in accordance with subregulation (1), the remaining residues must be diluted and discharged to the sea in accordance with regulation 15. 26 Discharge from slop tank Any residues retained on board in a slop tank, including residues from cargo pump-room bilges, that contain a Category A substance must be discharged to a reception facility in accordance with the provisions of regulation 5(1), (7) or (8) of Annex II to MARPOL. Part 4 Packaged harmful substances 27 Jettisoning of harmful substances (1) For the purposes of section 28(b) of the Act, the procedures prescribed for the jettisoning of a harmful substance are the procedures set out in the IMDG Code as appropriate for the substance. (2) If a harmful substance carried as cargo in packaged form is jettisoned to secure the safety of the ship or for saving life at sea, the jettisoning must be done in accordance with the procedures referred to in subregulation (1), unless to do so would impair the safety of the ship or persons on board the ship. Maximum penalty: 100 penalty units.

Part 5 Garbage Division 1 Garbage management and records Marine Pollution Regulations 2003 15 (3) In determining the procedures that are appropriate, regard must be had to the physical, chemical and biological properties of the substance. (4) If the jettisoning is by washing of leakages overboard, the person who authorises the washing must reasonably believe that washing overboard is the most appropriate way of disposing of the leaked substance having regard to: (a) any information about the substance contained in the IMDG Code; and (b) the circumstances under which the leakage occurred. (5) In this regulation, IMDG Code means the International Maritime Dangerous Goods Code. Part 5 Garbage Division 1 Garbage management and records 28 Ships to display placards (1) Every ship of 12 m or more in length must display not less than one placard at the garbage disposal point on the vessel or other appropriate place or places to inform the crew and passengers of the MARPOL requirements relating to disposal of garbage. (2) A placard referred to in subregulation (1) is to be in the approved form. 29 Garbage management plan (1) A ship with a gross tonnage more than 400 must carry and comply with a garbage management plan. Maximum penalty: 100 penalty units. (2) A garbage management plan referred to in subregulation (1) is to: (a) provide written procedures for collecting, storing, processing and disposing of garbage (including the use of equipment on board); (b) designate the person in charge of carrying out the plan; and (c) be in accordance with the guidelines developed by the IMO.

Part 5 Garbage Division 1 Garbage management and records Marine Pollution Regulations 2003 16 30 Garbage record book (1) A ship: (a) with a gross tonnage more than 400; or (b) certified to carry 15 persons or more, must carry a current garbage record book that is readily available for inspection at all reasonable times. (2) Any previous garbage record book must be carried on the ship and be readily available for inspection at all reasonable times for at least one year from the date of the last entry made in the book. (3) After the one year period referred to in subregulation (2), the previous garbage record book must be kept for a further one year: (a) if the ship's owner has a registered office – on board the ship or at the registered office; or (b) if the ship's owner does not have a registered office – on board the ship, and be readily available for inspection at all reasonable times. (4) If a ship does not carry a current garbage record book in accordance with subregulation (1) or a previous garbage record book in accordance with subregulation (2), the ship's master and owner each commit an offence. Maximum penalty: 100 penalty units. (5) If a previous garbage record book is not kept in accordance with subregulation (3), the ship's owner commits an offence. Maximum penalty: 100 penalty units. 31 Exemption from garbage record book requirement Regulation 30 does not apply to a ship engaged on voyages of one hour or less in duration. 32 Form of garbage record book A garbage record book must contain the particulars set out in the Appendix to Annex V to MARPOL and must make provision for a signature for each entry made in it and for each page of it.

Part 5 Garbage Division 2 Disposal of garbage into the sea Marine Pollution Regulations 2003 17 33 Entries in garbage record book (1) If a recordable operation or event is carried out or happens in or in relation to a ship, the ship's master must make or cause to be made an appropriate entry about the operation or event in the garbage record book without delay. Maximum penalty: 100 penalty units. (2) An entry in a ship's garbage record book must: (a) be made in the English language; (b) include the particulars required by the Appendix to Annex V to MARPOL; and (c) be signed by: (i) for a recordable operation – the officer or other person in charge of the operation; or (ii) for a recordable event – the person in control of the ship. Maximum penalty: 100 penalty units. (3) When a page of a ship's garbage record book is completed, the ship's master must sign the page without delay. Maximum penalty: 100 penalty units. (4) In this regulation, recordable operation or event means an operation or event mentioned in Schedule 1, Part 3 that takes place or occurs in coastal waters. Division 2 Disposal of garbage into the sea 34 Food waste (1) Section 38 of the Act does not apply in relation to a disposal of garbage that is food waste, paper products, rags, glass, metal, bottles and similar refuse (but not dunnage, lining or packing materials that will float or plastics) if the ship is: (a) as far as practicable and not less than 12 n miles from the nearest land; and (b) not alongside or within 500 m of a fixed or floating platform engaged in the exploration, exploitation or associated offshore processing of seabed mineral resources.

Part 6 Transfer operations Marine Pollution Regulations 2003 18 (2) If garbage referred to in subregulation (1) is passed through a comminutor or grinder so that it is capable of passing through a screen with openings no greater than 25 mm, the disposal may be made when the ship is as far as practicable and not less than 3 n miles from the nearest land. (3) The release of small quantities of food waste for the specific purpose of fish feeding in connection with fishing or tourist operations is not included as garbage for the purposes of this regulation or section 38 of the Act. 35 Mixture of garbage and other matter If garbage is mixed with matter, the discharge or jettisoning of which from a ship into coastal waters is regulated or prohibited under the Act, the garbage may only be disposed of in accordance with the provisions relating to the other matter. Part 6 Transfer operations 36 Record keeping (1) If a ship is not required under regulation 8 to carry an oil record book but carries oil (not in packaged form) that is not for the ship's own use, the ship must carry an oil record book in relation to which the following apply: (a) the details of any transfer of oil (whether to another vessel or to shore) must be recorded in the oil record book; (b) each entry in the oil record book must be made and signed in accordance with the relevant provisions of Part 2, Division 3; (c) the oil record book must be kept in accordance with the relevant provisions of Part 2, Division 3. (2) If a ship is not required under regulation 30 to carry a garbage record book but takes on board garbage that is not created by its own operations, the ship must carry a garbage record book in relation to which the following apply: (a) the details of any transfer of garbage (whether from or to another vessel or from or to shore) must be recorded in the garbage record book; (b) each entry in the garbage record book must be made and signed in accordance with the relevant provisions of Part 5, Division 1;

Part 7 Reporting requirements Marine Pollution Regulations 2003 19 (c) the garbage record book must be kept in accordance with the relevant provisions of Part 5, Division 1. Part 7 Reporting requirements 37 Notification of reportable incident (1) A person who is required under section 50 of the Act to notify an authorised officer of a reportable incident must do so in accordance with this regulation. (2) Notification of a reportable incident must be by at least one of the following methods: (a) in person; (b) by telephone; (c) by facsimile transmission; (d) by telex; (e) by radio; (f) by urgent telegram; (g) by electronic mail – but confirmation must be obtained by another of the specified methods that the e-mail has been received. (3) Notification to any of the following is taken to be notification to an authorised officer: (a) the Chief Executive Officer; (ab) the regional harbourmaster for a designated port, as defined in section 3 of the Ports Management Act 2015; (b) a port management officer, as defined in section 3 of the Ports Management Act 2015, for a designated port, as defined in that section; (f) Marine Rescue Coordination Centre, Australian Maritime Safety Authority, Canberra, ACT; (g) Northern Territory Police, Fire and Emergency Services, Police Headquarters, Berrimah, NT. (4) The notification message is to commence with the code word "POLREP" and must be in the approved form.

Part 9 Miscellaneous Marine Pollution Regulations 2003 20 38 Time for report about incident A person who is required under section 50(3) of the Act to give a report about an incident must do so within 24 hours of the request being made, or such longer time as allowed by the authorised officer. Part 8 Samples 39 Integrity and security of samples taken for analysis (1) If an authorised officer takes a sample of a pollutant, substance or thing, the officer must ensure the sample is delivered to an analyst for analysis as soon as practicable. (2) A record in the approved form must be made for each person in possession of the sample from the time it is taken until it is delivered to the analyst. 40 Analyst's report As soon as practicable after receiving the sample, the analyst must make a report stating the following: (a) when and from whom the sample was received; (b) the way in which, or the means by which, the sample was identified when received; (c) a description of the container (if any) the sample was in when received. Part 9 Miscellaneous 41 Record books obtainable from Chief Executive Officer The owner or master of a ship that is required by these Regulations to carry an oil record book, a cargo record book or a garbage record book may obtain from the Chief Executive Officer the appropriate record book that fulfils the requirements of these Regulations, together with guidelines to assist in complying with the requirements relating to entries that must be made in the book.

Part 9 Miscellaneous Marine Pollution Regulations 2003 21 42 Registered office The owner of a ship that is required to keep an oil record book, a cargo record book or a garbage record book who resides in the Territory, or has an office or agent in the Territory, may provide the Chief Executive Officer with notice in writing of the address of: (a) the owner's residence in the Territory; (b) the owner's office in the Territory, or if the owner has more than one office in the Territory, the principal office in the Territory; or (c) the office (or principal office) or place of residence in the Territory of the owner's agent, and the address provided is taken to be the registered office of the owner of the ship for the purposes of regulations 8, 18 and 30. 43 Labour costs The cost of labour used for a purpose connected with a discharge of pollutant is: (a) for an employee within the meaning of the Public Sector Employment and Management Act 1993 – 150% of the employee's gross salary for the time the employee devotes to the purpose; and (b) for any other person – the cost charged to the Territory for the time the person devotes to the purpose. 44 Compensation For the purposes of section 84 of the Act, the following matters are to be taken into account by a court when considering whether it is just to order the payment of compensation: (a) whether the power was exercised to prevent a threat to human life or damage or possible damage to the environment or property; (b) whether the power was exercised negligently; (c) whether at the time the power was exercised or purported to be exercised it was reasonably foreseeable that the person claiming compensation would be adversely affected by the exercise or purported exercise of the power;

Part 9 Miscellaneous Marine Pollution Regulations 2003 22 (d) the level of knowledge possessed by the officer at the time of the exercise or purported exercise of the power.

Schedule 1 Recordable operations and events Marine Pollution Regulations 2003 23 Schedule 1 Recordable operations and events Part 1 Ships to which Part 2, Division 3 applies regulation 10(4)

Recordable operations – Oil Record Book Part I Each of the following is a recordable operation: (a) ballasting or cleaning of an oil fuel tank; (b) discharge of dirty ballast or cleaning water from an oil fuel tank; (c) collection and disposal of oil residues (sludge); (d) discharge overboard (automatic or non-automatic) or disposal of bilge water that has accumulated in machinery spaces; (e) bunkering of fuel or bulk lubricating oil.
Recordable operations – Oil Record Book Part II Each of the following is also a recordable operation for a tanker: (a) loading of oil cargo; (b) internal transfer of oil cargo during a voyage; (c) unloading of oil cargo; (d) crude oil washing (COW tankers only); (e) ballasting of cargo tanks; (f) ballasting of dedicated clean ballast tanks (CBT tankers only); (g) cleaning of cargo tanks; (h) discharge of dirty ballast; (i) discharge from slop-tanks into the sea; (j) the disposal of residues or oily mixtures (not otherwise dealt with); (k) discharge of clean ballast contained in cargo tanks;

Schedule 1 Recordable operations and events Marine Pollution Regulations 2003 24 (l) discharge of ballast from dedicated clean ballast tanks (CBT tankers only). 3. Recordable events – Oil Record Book Part I Each of the following is a recordable event: (a) failure of oil discharge monitoring and control system; (b) accidental or other discharge of oil. Part 2 Ships to which Part 3, Division 3 applies regulation 20(4)

Recordable operations – Cargo Record Book Each of the following is a recordable operation: (a) the loading of cargo; (b) an internal transfer of cargo; (c) the unloading of cargo; (d) the prewashing of a cargo tank; (e) the cleaning of a cargo tank; (f) a discharge of tank washings into the sea; (g) the ballasting of a cargo tank; (h) the discharge of ballast water from a cargo tank; (i) an accidental or other exceptional discharge from a cargo tank; (j) an operation controlled by an authorized surveyor.
Recordable events – Cargo Record Book Each of the following is a recordable event: (a) a discharge into coastal waters of a noxious liquid substance necessary for the purpose of securing the safety of a ship or saving life at sea; (b) a discharge into coastal waters of a noxious liquid substance resulting from damage to a ship or its equipment;

Schedule 1 Recordable operations and events Marine Pollution Regulations 2003 25 (c) a discharge into coastal waters of a noxious liquid substance, approved by an authorised officer, to combat specific pollution incidents or to minimise the damage from pollution; (d) a discharge exempted under Part 3, Division 1. Part 3 Ships to which Part 5, Division 1 applies regulation 33(4)

Recordable operations – Garbage Record Book Each of the following is a recordable operation: (a) the discharge of garbage into the sea; (b) the discharge of garbage to a reception facility ashore or to another ship; (c) the incineration of garbage.
Recordable events – Garbage Record Book An accidental or exceptional discharge of garbage is a recordable event.

ENDNOTES Marine Pollution Regulations 2003 26 ENDNOTES 1 KEY Key to abbreviations amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced 2 LIST OF LEGISLATION Marine Pollution Regulations (SL No. 8, 2003) Notified 28 February 2003 Commenced 25 June 2003 (r 2, s 2 Marine Pollution Act 1999 (Act No. 43, 1999) and Gaz G25, 25 June 2003, p 2) Amendment of Marine Pollution Regulations (SL No. 14, 2003) Notified 28 March 2003 Commenced 28 March 2003 Fees and Charges Amendment Regulations 2009 (SL No. 34, 2009) Notified 14 December 2009 Commenced 1 January 2010 (r 2) Penalties Amendment (Miscellaneous) Act 2013 (Act No. 23, 2013) Assent date 12 July 2013 Commenced 28 August 2013 (Gaz G35, 28 August 2013, p 2) Ports Management (Repeals and Related Consequential Amendments) Act 2015 (Act No. 12, 2015) Assent date 22 May 2015 Commenced pt 4 (other than ss 52 and 54 to 56): 9 June 2015; ss 52 and 54 to 56: nc; rem: 1 July 2015 (Gaz S57, 9 June 2015, p 2) Marine Pollution Legislation Amendment Act 2020 (Act No. 5, 2020) Assent date 9 March 2020 Commenced 10 March 2020 (s 2) 3 GENERAL AMENDMENTS General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22 of 2018) to: rr 1, 37 and 43.

ENDNOTES Marine Pollution Regulations 2003 27 4 LIST OF AMENDMENTS r 2 sub No. 14, 2003 r 7 amd No. 34, 2009, r 14 r 8 amd Act No. 23, 2013, s 12 r 10 amd Act No. 23, 2013, s 12 r 18 amd Act No. 23, 2013, s 12 r 20 amd Act No. 23, 2013, s 12 r 27 amd Act No. 23, 2013, s 12 r 28 amd Act No. 5, 2020, s 14 rr 29 – 30 amd Act No. 23, 2013, s 12 r 33 amd Act No. 23, 2013, s 12 r 37 amd Act No. 12, 2015, s 65; Act No. 5, 2020, s 15 sch 2 – 3 rep Act No. 5, 2020, s 16

1 MARINE POLLUTION REGULATIONS 2003

This instrument operationalises a set of interlocking technical, supervisory and recordkeeping concepts. The key concepts to track and how the Regulations use them are below.

Exemption-by-condition: Multiple provisions render Part 2 (oil) and Part 3 (noxious liquids) prohibitions inapplicable when strict conditions are met. For oil these are primarily in regs 4-6 (15 ppm oil content; listed equipment; exclusion of cargo residues from some exemptions). For noxious liquids the exemptions depend on categorisation A-D (reg 11) and detailed procedural conditions (regs 12-16). The legal effect is a conditional carve-out from the Act’s primary prohibition provisions, not an absolute licence to discharge.
Categorisation and international reference: The Regulations adopt IMO/MARPOL categorisation and procedures by reference (reg 11; regs 9, 19, 32 referencing MARPOL appendices). That means many substantive operational standards are defined outside the NT instrument and become effective by incorporation. The Regulations repeatedly tie local compliance to “standards developed by the IMO” and to specific MARPOL Annex provisions.
Record books and traceability: The oil record book (Part I and II), cargo record book and garbage record book are treated as primary evidence of compliance. The Regulations set content, language (English), signature requirements and retention periods (regs 8, 9-10; 18-20; 30-33). Schedule 1 enumerates recordable operations/events. The record books link operational acts (bunkering, tank washing, discharge, loading/unloading) to an auditable trace.
Authorised officer and CEO discretion: The Regulations create a two-tier administrative discretion. Authorised officers have supervisory and approval roles on a number of technical measures (eg tank washing supervision reg 22(1), analysis of residual concentration reg 22(2), approval for pumping/washing procedures reg 24). The CEO has powers to approve plans, accept alternative procedures, exempt ships and approve specific technical items (eg reg 7(2-4), regs 23, 24(5)). Those discretions are the mechanism for local adaptation of IMO standards.
Technical thresholds and operational rules: The instrument prescribes numeric operational thresholds: oil content not more than 15 parts per million (regs 4-6), discharge concentrations for noxious liquids (eg 1 ppm for Category B in reg 13, 10 ppm for Category C in reg 14), speed minima (7 knots or 4 knots if non-self-propelled in reg 16), distance from land (12 n miles in regs 16(1)(c) & 16(2)(b)), and depth minima (25 m in reg 16(1)(c)). It also sets tank residual concentration thresholds after washing for Category A substances (reg 22(2)).
Port reception and handover: For many cleaning and unloading operations the Regulations require discharge to port reception facilities until certain conditions are met (reg 22(2-3), reg 24(3), reg 25(1)). Where a procedure will occur at another port, the CEO may be satisfied by written undertakings and confirmation from the other port (regs 21(2)(c), 24(5-6)). That creates a coordination requirement across ports and operators.
Incident reporting and evidence: The Regulations standardise notification (POLREP) and acceptable channels (reg 37), set time limits for supplying requested reports (reg 38), and set chain-of-custody and analyst reporting rules for samples (regs 39-40). Those provisions govern operational interface with enforcement.
Labour and cost accounting: Regulation 43 sets the basis for labour cost recovery where labour is used for purposes connected to a pollutant discharge: 150% of gross salary for a public-sector employee and the cost charged to the Territory for others. Regulation 7(2) prescribes an approval fee (57 revenue units) for shipboard oil pollution emergency plan approval.

Each of these concepts transforms a high-level pollution control norm into concrete actions to be taken by shipowners, masters and port officials, and establishes how evidence of compliance is to be produced and assessed. The practical effect is to allocate operational costs (equipment, sampling/analysis, port reception fees, labour charging) and administrative burdens (approvals, recordkeeping, retention and certification) among private operators and the administering agency.

The Regulations create obligations, permissions and administrative pathways that affect a defined set of actors. The principal affected parties and their roles under the text are:

Shipowners: Owners carry primary obligations to ensure record books are carried or retained (regs 8(4-5), 18(3-4), 30(3)), to provide a registered office address in the Territory if relevant (reg 42) and to submit shipboard oil pollution emergency plans with the prescribed fee (reg 7(2)). Owners face specific offences for failing to keep previous record books (regs 8(7), 18(6), 30(5)) and are, with masters, jointly liable for failure to carry current books (regs 8(6), 18(5), 30(4)).
Ship masters and persons in control of ships: Masters must make entries in record books without delay when recordable operations or events occur (regs 10(1), 20(1), 33(1)); must sign completed pages (regs 10(3), 20(3), 33(3)); must comply with shipboard oil pollution emergency plan obligations (reg 7(1)); may apply for exemptions from certain tank-washing requirements (regs 21(2), 24(5)); and must notify authorised officers of reportable incidents using prescribed methods (regs 37-38).
Trading ships, oil tankers and fishing vessels: The definitions and thresholds differentiate obligations. “Trading ship” excludes Commonwealth vessels under the Commonwealth Navigation Act and fishing vessels (reg 3). Tonnes/gross tonnage thresholds determine which ships must carry which books: e.g. non-oil-tanker ships ≥400 GT must carry Oil Record Book Part I (reg 8(1)); oil tankers ≥150 GT must carry Part I and II (reg 8(2)); ships >400 GT or certified for ≥15 persons must carry a garbage record book (reg 30(1)).
Port authorities and receiving facilities: The text requires use of port reception facilities for tank washing and residues in many instances (regs 22(2-3), 24(3), 25(1), 26). For approvals and exemptions relating to washing in another port, confirmation from the receiving port’s official is required (regs 21(3), 24(6)). Regional harbourmasters and port management officers are listed as acceptable notification recipients (reg 37(3)(ab),(b)).
The Chief Executive Officer (CEO): The CEO is the central administrative decision-maker, empowered to approve or refuse shipboard oil pollution emergency plans (reg 7(2-4)), accept alternative procedures for measuring residual concentrations (reg 23), approve pumping and prewash procedures for B and C substances (reg 24(1-2)), grant exemptions under specified circumstances (regs 21(2), 24(5)), approve oil content meters (reg 17(4)), and supply record books and guidance (reg 41).
Authorised officers and analysts: Authorised officers are tasked with supervising approved washing procedures (reg 22(1)), taking samples and certifying prewash completion (regs 23(b), 39), and approving procedures based on IMO standards (regs 13-14). Analysts receive samples and must produce reports on chain-of-custody and technical details (regs 39-40).
Other third parties: Entities providing services to fishing vessels in support roles are captured by the definition of “fishing vessel” if used to provide food, fuel, supplies or transport (reg 3). Ports and other states’ facilities are functionally implicated where cleaning or reception occurs outside the NT via written undertakings (regs 21(3), 24(6)).

Who pays: operational and compliance costs fall primarily on shipowners/operators , equipment, port reception fees, labour costs (with a specified method to calculate public-sector labour cost recovery in reg 43) and the approval fee (57 revenue units) for the shipboard oil pollution emergency plan (reg 7(2)). Who decides: the CEO and authorised officers make the discretionary approvals that determine whether regulatory exemptions apply; regional harbourmasters and port management officers are also designated notification points (reg 37(3)). What behaviour changes: shipowners must maintain specified equipment and recordkeeping systems, follow prescribed washing and discharge procedures, use port reception facilities as required, and notify and hand samples to enforcement agencies on demand.

The Regulations allocate a set of specific duties to shipowners, masters and port operators, and confer administrative rights and discretions on the CEO and authorised officers. Below are the principal duties and the corresponding rights of administrators.

Principal duties on shipowners and masters

Carrying and retaining record books: Ships meeting specified thresholds must carry current oil, cargo and garbage record books and retain previous books for prescribed periods; failure to carry or retain is an offence punishable by up to 100 penalty units (regs 8(1-7); 18(1-6); 30(1-5)).
Making entries: The master must make entries without delay when recordable operations or events occur (regs 10(1), 20(1), 33(1)); entries must be in English, with particulars set out in MARPOL appendices (regs 10(2), 20(2), 33(2)); and the person in charge of the operation or the person in control of the ship must sign entries (regs 10(2)(c), 20(2)(c), 33(2)(c)). Completed pages require the master’s signature (regs 10(3), 20(3), 33(3)).
Shipboard oil pollution emergency plan: Owners must submit an approved-form plan to the CEO together with an approval fee of 57 revenue units; the CEO may approve or refuse, and if refusing must provide reasons (reg 7(1-4)).
Tank washing and unloading procedures: After unloading Category A-D substances the ship must follow the prescribed washing, prewash, pumping or dilution procedures and discharge residues to reception facilities as required (regs 21-26). For Category A, the tank must be washed under authorised officer supervision and residual concentrations must reach specified thresholds (reg 22).
Garbage management and placarding: Ships ≥12 m must display placards at garbage disposal points in approved form (reg 28); ships >400 GT must carry and comply with a garbage management plan designating a person in charge (reg 29).
Notification and reporting: Persons required to notify a reportable incident under the Act must do so by prescribed methods, using the code word “POLREP” and in the approved form; recipients listed include CEO, regional harbourmaster and specified agencies (reg 37). Reports requested under s 50(3) of the Act must be provided within 24 hours or such longer time as permitted by the authorised officer (reg 38).
Samples and analysis: An authorised officer taking a sample must ensure prompt delivery to an analyst and maintain a record in approved form for each person in possession of the sample (reg 39). Analysts must report details of sample receipt and container (reg 40).

Administrative rights, discretions and procedural powers

Approval and refusal: The CEO may approve or refuse shipboard oil pollution emergency plans (reg 7(3-4)) and must give reasons on refusal. The CEO may also accept alternative equivalent procedures for Category A tank washing if impracticable to measure concentrations without undue delay (reg 23).
Authorisation and certification: Authorised officers supervise Category A washing (reg 22(1)), take samples to verify residual concentrations (reg 22(2)), certify prewash completion (reg 23(b)), and approve pumping procedures for Category B and C (reg 24(1)). They are treated as satisfied in specific circumstances for exemption purposes when satisfied alternative measures have removed residues (reg 24(4)).
Exemptions and conditional approvals: The CEO may grant case-specific exemptions from immediate washing when satisfied criteria exist (reg 21(2); 24(5)); may approve washing and pumping procedures based on IMO standards (regs 22, 24).
Certification and equipment approval: Where oil-like substances are carried, oil tankers must carry appropriate IOPP certificate endorsements and approved oil content meters must be certified by an authorised officer for use in monitoring oil-like substances (reg 17(2), (4)).
Provision of record books and guidance: The CEO may supply appropriate record books and guidance to owners or masters required to carry them (reg 41).

Ancillary duties and rights

Registered office: Owners resident or with offices/agents in the Territory may provide a Territory address to be treated as their registered office for recordkeeping purposes (reg 42).
Labour costs and compensation considerations: Labor cost recovery is specified for public employees and others where labour is used in relation to pollutant discharge responses (reg 43). For compensation decisions under s 84 of the Act, courts are to consider listed matters including whether power was exercised to prevent damage, negligence, foreseeability of adverse effect, and the officer’s knowledge (reg 44).

Practical effects of duties and rights

Recordbooks become evidentiary linchpins for demonstrating compliance with exemptions and operational rules. Entries, signatures and timely retention are legally significant (regs 8, 10, 18, 20, 30, 33).
CEO and authorised officer discretions effectively set the local technical standards and permit tailored approvals and exemptions; consequently, compliance often depends on obtaining administrative approvals or certifications before or during operations (regs 7, 22-24).
Operational constraints such as minimum speeds, distances from land, residual concentration thresholds and port reception requirements impose concrete operational choices on masters and owners (reg 16, reg 22 et seq.).

The Regulations prescribe offences, maximum penalties and enforcement mechanisms centred on authorised officers, the Chief Executive Officer and specified notification points. The enforcement architecture combines administrative approvals, on-board supervisory roles and criminal penalties for specified defaults.

Penalties provided in the text

Multiple offences carry a maximum penalty of 100 penalty units. These include failing to carry a current oil or cargo record book or previous books as required (regs 8(6-7), 18(5-6)); failing to carry a garbage record book or retain a previous garbage record book (reg 30(4-5)); failing to make timely or properly signed entries in oil, cargo and garbage record books (regs 10(1-3), 20(1-3), 33(1-3)); and improper jettisoning of packaged harmful substances contrary to the specified procedure where it is not necessary to secure safety (reg 27(2)).
The Regulations also specify procedural obligations (notification, sample custody) whose contravention could be enforced under the Act’s broader enforcement provisions; the Regulations themselves focus on specified record-keeping, plan and conduct offences with stated penalties.

Enforcement actors and powers

Authorised officers: The Regulations repeatedly rely on authorised officers to supervise tank washing, take and sign off samples and certify alternative procedures (regs 22(1-2), 23, 24(4)). The authorised officer’s analysis of effluent concentrations and certifications have legal effect under the Regulations for allowing discharge or confirming compliance (reg 22(2-4), reg 23(b)(ii)).
Chief Executive Officer: The CEO’s approval powers (shipboard plans, alternative procedures, exemptions, approval of pumping/washing procedures and equipment like oil content meters) are an enforcement hinge; refusal or conditional approval can prevent use of exemptions under the Act (regs 7(2-4), 22-24, 17(4)).
Notification recipients as enforcement nodes: Notification to specified bodies is taken as notification to an authorised officer (reg 37(3)). The list includes the CEO, regional harbourmaster and port management officers for designated ports, AMSA Marine Rescue Coordination Centre, and Northern Territory Police, Fire and Emergency Services (reg 37(3)(a),(ab),(b),(f),(g)). Using these channels triggers administrative responses and mobilisation of enforcement resources.
Evidence management: The Regulations specify chain-of-custody requirements for samples (reg 39(2)) and required content for the analyst’s report (reg 40). Those rules structure evidentiary flows and reduce disputes over sample integrity in enforcement proceedings.

Operational enforcement mechanics and incentives

Supervision of Category A washing by authorised officers (reg 22(1)) means enforcement is often contemporaneous with the operation; if an authorised officer will not supervise or certify residual concentrations, the ship must discharge to a reception facility and cannot rely on a sea discharge exemption until the authorised officer certifies the measured residuals (reg 22(2-3)).
The CEO’s ability to accept an alternative procedure where measurement would cause undue delay (reg 23) creates a discretionary pathway that can avoid commercial delay, but only if the CEO and authorised officers accept the proposed alternative and the certification in the cargo record book (reg 23(b)).
The Regulations make compliance traceable through signed entries in the record book. Failure to maintain accurate timely entries is criminalised with a clear penalty, creating a direct administrative compliance focus on recordkeeping rather than only on environmental outcomes.

Limits on enforcement mechanisms in the text

The Regulations do not set out specific investigative or seizure powers; those are expected to lie in the parent Act. The Regulations provide the administrative and evidentiary scaffolding (notification, sampling, recordbooks, authorised officer certification) that enforcement agencies will use when exercising those powers under the Act.
The text does not specify the rate or value of a penalty unit; the numerical value of penalty units is therefore a function of wider legislative frameworks and not contained in this instrument.

The Regulations operate as subordinate legislation under the Marine Pollution Act 1999 and expressly incorporate and interact with multiple Commonwealth and international instruments. The text creates cross-references and dependence on external standards and Acts as follows.

Marine Pollution Act 1999: The Regulations are made under that Act and frequently operate by modifying the application of sections of the Act for particular factual circumstances (eg regs 4-6 disapply s 14 in prescribed circumstances; regs 12-16 disapply s 21 for specified noxious liquid discharges). The Regulations implement procedural detail that gives meaning to the Act’s wide prohibitions and powers.
MARPOL (IMO) Annexes and Appendices: The Regulations repeatedly adopt MARPOL standards by reference. Examples include:
- Oil record book format and required particulars are those set out in Appendix III to Annex I to MARPOL (reg 9).
- Cargo record book particulars are set out in Appendix IV to Annex II to MARPOL (reg 19).
- Garbage record book particulars are set out in the Appendix to Annex V to MARPOL (reg 32).
- Categorisation of noxious liquid substances follows Annex II to MARPOL (reg 11). The Regulations therefore make compliance dependent on international MARPOL standards without reproducing their full text.
International Maritime Organization (IMO) standards and codes: The Regulations require procedures and arrangements “based on standards developed by the IMO” for approval of Category B and C discharges (regs 13-14, 24). The IMDG Code is the prescribed procedural source for jettisoning packaged harmful substances (reg 27).
Commonwealth Navigation Act 1912: The Regulations reference the Navigation Act in defining when an oil tanker is required to hold an IOPP Certificate and supplement B with an endorsement permitting oil-like substances (reg 17(2)). That means Commonwealth certification regimes interact with territorial enforcement and carriage permissions.
Ports Management Act 2015 (NT): Regulation 37(3) treats notification to regional harbourmasters and port management officers for a designated port (defined in s 3 of the Ports Management Act 2015) as notification to an authorised officer. Therefore port management structures under that Act are incorporated as notification and enforcement nodes.
Criminal and penalty frameworks: The Regulations use “penalty units” to set maximum fines for certain offences (eg 100 penalty units). The value and operation of a penalty unit is governed elsewhere in Northern Territory law; the Regulations rely on that external unit of measurement.
Reception facilities and inter-port cooperation: Several provisions contemplate operational cooperation between ports and require written confirmation from another port’s officer or employee that a reception facility is available (regs 21(3), 24(6)). Those clauses create de facto interaction with the regulatory and operational regimes of other ports and jurisdictions.
Sample custody and forensic procedure: The Regulations set chain-of-custody obligations for samples (reg 39) and require analyst reports (reg 40), but the broader admissibility and forensic standards will be governed by Evidence Acts and the parent Act’s enforcement provisions.

Implications of cross-instrument reliance

The Regulations delegate significant substance to external instruments. Compliance therefore requires contemporaneous awareness of MARPOL Annex texts, IMO standards and the IMDG Code and may require cross-jurisdictional coordination with Commonwealth certification regimes and port authorities.
Administrative discretion in the CEO and authorised officers will often be exercised against the background of these external standards, meaning that operators must satisfy both NT regulatory mechanics and standards set elsewhere.
Because the Regulations treat some discharges as lawful only if certain international standards or external approvals are met, non-compliance with the incorporated instruments can be enforced domestically via the Regulation’s offence provisions (eg failure to meet residual concentrations or to use approved procedures).

The Regulations include a discrete endnotes section that records notification, commencement and later amendments. The statutory timeline in the text is as follows.

Initial notification and commencement:
- Marine Pollution Regulations (SL No. 8, 2003) were notified on 28 February 2003 and commenced 25 June 2003, coincident with s 2 of the Marine Pollution Act 1999 (endnotes 2).
Early amendment:
- An Amendment (SL No. 14, 2003) was notified 28 March 2003 and commenced 28 March 2003 (endnote 2).
Fees and Charges:
- Fees and Charges Amendment Regulations 2009 (SL No. 34, 2009) were notified 14 December 2009 and commenced 1 January 2010 (endnotes 2 and 4 indicate r 7 was amended by that instrument).
Penalties Amendment:
- Penalties Amendment (Miscellaneous) Act 2013 (Act No. 23, 2013) assented 12 July 2013 and commenced 28 August 2013; multiple regulations were amended by that Act (see list in endnote 4: rr 8, 10, 18, 20, 27, rr 29-30, r 33).
Ports Management amendments:
- Ports Management (Repeals and Related Consequential Amendments) Act 2015 (Act No. 12, 2015) assented 22 May 2015 and relevant parts commenced 9 June 2015 or 1 July 2015 as noted in endnotes. Regulation 37 was amended by Act No. 12, 2015, s 65 (endnote 4).
Marine Pollution Legislation Amendment Act 2020:
- Marine Pollution Legislation Amendment Act 2020 (Act No. 5, 2020) assented 9 March 2020 and commenced on 10 March 2020; the reprint states the Regulations are “as in force at 10 March 2020” and notes several amendments by that Act (endnotes 2 and 4 show rr 28 and 37 amended by Act No. 5, 2020; sch 2-3 repealed by s 16 of Act No. 5, 2020).
Formal/interpretative amendments:
- General formal amendments of a non-substantive nature were made by the Interpretation Legislation Amendment Act 2018 (Act No. 22 of 2018) to rr 1, 37 and 43 (endnote 3).

List of specific regulation amendments recorded in the endnotes (summary)

r 2 substituted by SL No. 14, 2003 (endnote 4)
r 7 amended by SL No. 34, 2009 (r 14) (endnote 4)
rr 8, 10, 18, 20, 27, rr 29-30 and r 33 amended by Act No. 23, 2013, s 12 (endnote 4)
r 28 amended by Act No. 5, 2020, s 14 (endnote 4)
r 37 amended by Act No. 12, 2015, s 65 and Act No. 5, 2020, s 15 (endnote 4)
sch 2-3 repealed by Act No. 5, 2020, s 16 (endnote 4)
General formal amendments by Act No. 22, 2018 as in endnote 3.

What these entries mean in practice

The Regulations have been subject to incremental updates, including fee and penalty adjustments, alignment with ports management reforms and tidy-up amendments. The 2020 Marine Pollution Legislation Amendment Act made notable changes reflected in the reprint as in force at 10 March 2020.
The endnotes record both commencement and amendment instruments that alter specific regulatory clauses; practitioners need to consult the reprint and the primary amendment Acts to map precise historical changes to particular regulatory text.
The Regulations explicitly incorporate external instruments (MARPOL, IMO standards, IMDG Code). Because these external standards evolve, compliance requires monitoring both local amendment instruments and changes to the referenced international instruments, albeit any change to MARPOL or IMDG only becomes legally effective locally where the Regulations or other NT instruments adopt or require compliance with new versions or standards.

The text of the Regulations contains no references to decided cases, judgments or litigation outcomes. No litigation history or case citations appear within the statutory provisions, so the instrument itself records no judicial interpretation or precedent.

Practical implications for litigation and enforcement (drawing only on the text)

Evidential structure for prosecutions: The Regulations build a record-focused enforcement model. Prosecutions for breaches of record-keeping or improper discharges would rely heavily on the record books (oil, cargo, garbage), authorised officer certifications, sample chain-of-custody records (reg 39(2)) and analyst reports (reg 40). The Regulations therefore create documentary pathways that enforcement agencies would use in proceedings.
Administrative decisions as reviewable acts: The CEO’s decisions to approve or refuse shipboard oil pollution emergency plans, to accept alternative procedures or to grant exemptions are central administrative acts (reg 7(2-4), regs 23, 24(5)). While the Regulations do not set out review mechanisms, such decisions are the kind that may be subject to judicial review under general administrative law principles in the NT; the Regulations themselves require the CEO to provide reasons for refusal (reg 7(4)), a procedural acknowledgement relevant in any merits or judicial review contest.
Forensic and chain-of-custody requirements: The Regulations specify the need for a record in approved form for each person in possession of a sample from the time it is taken until delivery to an analyst (reg 39(2)). Analysts’ reports must state when and from whom samples were received and describe identification and containers (reg 40). Those requirements suggest the Regulations anticipate evidentiary challenges around sample integrity and attempt to pre-empt them by statutory chain-of-custody rules.
Compensation considerations: Regulation 44 lists matters a court should take into account under s 84 of the Act when considering whether it is just to order payment of compensation. Those factors (eg whether power was exercised to prevent threat to life or damage, negligence, foreseeability and knowledge of the officer) would be relevant to litigation involving compensation claims arising from authorised officer action; they are procedural guidance for courts rather than binding legal tests in the Regulations themselves.

Limitations on reporting litigation outcomes in this note

Because the Regulations themselves do not include case law citations, and because the user-supplied text prohibits inventing cases or judicial decisions, no specific litigation outcomes, appeals or judicial interpretations are described here. For litigation history, practitioners should consult NT court databases, the Attorney-General’s office and enforcement agency records for cases interpreting the Regulations or the parent Act.

The regulations contain numerous technical and procedural traps for operators. The following are concrete, source-grounded pitfalls that arise directly from the text and operational mechanics.

Exemptions are narrow and conditional, not broad permissions

Oil discharges are exempted only under tightly specified conditions, for example oil tankers discharging machinery space bilges (but not cargo pump room bilges), provided the oil does not include cargo residue, the ship is en route, oil content ≤15 ppm and oily-water separation equipment is in operation (reg 4). For non-tankers ≥400 GT similar conditions apply (reg 5). If any element fails (eg cargo residue present, machinery space bilge from cargo pump room, equipment not in operation), the exemption collapses.

“Oily mixture” exclusions and anti-circumvention rule

Regulation 6(2) expressly excludes oily mixtures that contain chemicals hazardous to the marine environment or mixtures created by introducing chemicals to attempt to bring a discharge within exemption thresholds (reg 6(2)(a)-(b)). Introducing additives to “treat” a discharge can therefore negate the exemption.

Slight differences in thresholds and retention periods

Oil and cargo record books have different gross tonnage thresholds and retention rules. Oil record books: non-tankers ≥400 GT must carry Part I; oil tankers ≥150 GT must carry Parts I and II; previous oil record books must be available on board for one year (reg 8(1-3)) and then retained for a further two years either on board or at a registered office, or deposited with the CEO if the owner has no registered office (reg 8(4-5)). Garbage record books have different retention,previous books must be kept for a further one year after the initial one-year retention period (reg 30(2-3)). Mixing up these periods and thresholds creates exposure to penalties (regs 8(6-7), 18(5-6), 30(4-5)).

Language and signature requirements are strict

Entries must be in English (regs 10(2)(a), 20(2)(a), 33(2)(a)) and signed by specified persons for operations/events (regs 10(2)(c), 20(2)(c), 33(2)(c)), and the master must sign completed pages without delay (regs 10(3), 20(3), 33(3)). Clerical or language slip-ups can attract penalties up to 100 penalty units.

CEO and authorised officer discretion can cause delay

Many operational permissions depend on CEO approval, authorised officer certification or port confirmation (regs 7, 22-24). Where these approvals are required for alternative procedures or cross-port handover, operators need pre-arranged written undertakings and confirmations (regs 21(3), 24(6)). Lack of advance approvals can force use of reception facilities and cause commercial delay.

Metric thresholds and nautical specifics matter

Discharge conditions include numeric rules: 15 ppm oil content (regs 4-6), concentrations of 1 ppm or 10 ppm for B or C substances in wake astern (regs 13-14), minimum speeds of 7 knots (or 4 for non-self-propelled) and a minimum of 12 nautical miles from nearest land; for Category A, minimum water depth of 25 m (reg 16(1)). Operational slippage (e.g., sailing too slowly or nearer than 12 nm) invalidates exemptions.

The CEO can demand measurement or accept an alternative procedure

For Category A, the authorised officer must analyse effluent to confirm residual concentrations meet the 0.1% (or 0.01% for certain phosphorus substances) threshold (reg 22(2)). If measuring delays the ship unduly, the CEO may accept an alternative prewash procedure subject to authorised officer certification in the cargo record book (reg 23). Absent that certification the ship cannot rely on the alternative.

Notification channels are specified and cross-referenced

Notification of a reportable incident must use one of the listed methods and commence with the code word “POLREP” in the approved form (reg 37(2)-(4)). Using an unlisted method, omitting POLREP or failing to confirm e-mail receipt by another method will not meet the regulation’s requirements.

Garbage disposal rules carry specific exclusions

Food waste, paper products and similar refuse may be lawfully disposed of subject to distance and platform proximity requirements (reg 34). But the regulation explicitly excludes dunnage, lining or packing materials that float and plastics. Also, comminuted food waste may be disposed of at 3 nm rather than 12 nm provided it passes a 25 mm screening requirement (reg 34(2)). Errors in categorising garbage can cause non-compliance.

The Regulations rely on external standards and documents

Many items (record book formats, substance categorisation, acceptable washing/pumping procedures) are set in MARPOL annexes, IMO standards and the IMDG Code (regs 9, 11, 19, 32, 27). Practitioners must maintain current copies of those instruments and ensure local compliance aligns with their incorporated provisions.

Labour cost calculation for Territory activity is prescribed

If Territory labour is used in pollution response, costs are calculated at 150% of gross salary for public employees and “the cost charged to the Territory” for others (reg 43). That has implications for cost recovery and budgeting for incidents.

Compensation considerations are constrained by specified factors

When courts consider compensation under s 84 of the Act, they must take into account whether the power was exercised to prevent threat to life or property, negligence, foreseeability of adverse effect and the officer’s knowledge (reg 44). These dictums shape litigation strategy for compensation claims arising from authorised officer actions.

In short, small operational deviations from detailed numeric or procedural requirements invalidate exemptions and create exposure to penalties. The interplay of external standards and local administrative approvals means advance planning and documentation are essential.

The Regulations set out a compliance-intensive regime. Below is a practical checklist of discrete steps, processes and documentation the Regulations require or strongly imply. Each item references the relevant regulation.

Identify the applicable ship category and thresholds

Determine whether your vessel is a fishing vessel, trading ship, oil tanker or other, and establish gross tonnage and passenger-carrying certification thresholds (reg 3; regs 8(1-2), 30(1)). This determines which record books and plans are required.

Maintain and carry the correct record books

Obtain approved-format oil, cargo and garbage record books from the CEO if desired (reg 41). Ensure your books meet the MARPOL appendix particulars (regs 9, 19, 32).
For ships required to carry books, keep the current book readily available for inspection (regs 8(1-3), 18(1), 30(1)). Retain previous books on board for one year from date of last entry and then for further periods as specified (regs 8(3-5), 18(2-4), 30(2-3)). If no registered office exists in the Territory, arrange deposit with the CEO (regs 8(5), 18(4)).

Train personnel on entries, language and signatures

Ensure officers and persons in charge know that entries must be made “without delay”, in English, include particulars required by MARPOL appendices and be signed by the officer in charge or person in control (regs 10(1-2), 20(1-2), 33(1-2)). Masters must sign completed pages (regs 10(3), 20(3), 33(3)). Maintain internal checklists and logs to ensure compliance.

Prepare and submit a shipboard oil pollution emergency plan

Draft the plan in the approved form, include the particulars listed in reg 7(1)(a)-(d), and submit it to the CEO with the approval fee of 57 revenue units (reg 7(1-2)). Expect the CEO to either approve or refuse and to provide reasons on refusal (reg 7(3-4)).

Ensure technical equipment meets the specification and is operational

For shipboard exemptions, verify that oily-water separators or other equipment required under Regulation 16 of Annex I to MARPOL are in operation (regs 4-5).
If carrying oil-like substances, ensure the IOPP Certificate and supplement B with the required endorsement are present and that the oil content meter is approved by an authorised officer (reg 17(1-4)).

Adopt approved washing, pumping and prewash procedures

For Category A substances, schedule washing under authorised officer supervision and expect effluent analysis to reach residual concentration thresholds (reg 22(1-3)). If measurement is impracticable, submit an alternative prewash procedure for CEO acceptance and arrange authorised officer certification in the cargo record book (reg 23).
For Category B and C substances adopt CEO-approved pumping and prewash procedures based on IMO standards; where prewash is required, arrange discharge of the prewash effluent to a reception facility (reg 24(1-3)). For Category D follow wash or dilution/discharge rules as specified (regs 15, 25).

Arrange port reception and inter-port confirmations in advance

Where tank washing or prewash is to occur at another port, obtain written undertaking from the master and written confirmation from the receiving port’s officer or employee that a reception facility is available and adequate (regs 21(3)(a-b), 24(5-6)). Keep these confirmations with voyage documentation.

Implement a garbage management plan and placarding

For ships >400 GT adopt a garbage management plan that provides written procedures, designates a person in charge and adheres to IMO guidelines (reg 29). For all ships ≥12 m display approved-form placards at garbage disposal points (reg 28).

Operationalise discharge conditions: speed, distance, depth

For sea discharges relying on exemptions ensure vessels are en route at required speeds (7 knots or 4 knots for non-self-propelled), are at least 12 nm from nearest land (for A-D substances), and for Category A/C ensure water depth ≥25 m where specified (reg 16). Integrate these limits into voyage planning and record the vessel’s speed and position contemporaneously.

Maintain chain-of-custody for samples and analyst communication

If samples are taken, record each person in possession from the time of sampling until delivery to the analyst in the approved form, ensure prompt delivery to an analyst and obtain the analyst’s written report containing required particulars (regs 39-40).

Follow incident notification protocols

For reportable incidents notify an authorised officer by one of the approved methods (in person, phone, facsimile, telex, radio, urgent telegram, e-mail with confirmed receipt) using the code word “POLREP” and the approved form; notifications to named recipients count as notification to an authorised officer (reg 37(1-4)). Supply requested reports within 24 hours or within any extended time permitted by the authorised officer (reg 38).

Keep and present documentary evidence for authorised officer supervision

For Category A washing ensure an authorised officer is present to supervise and sign the cargo record book entry (reg 22(4)). Keep sample results and authorised officer certifications with the cargo record book entries.

Understand cost allocation and recovery

Budget for the shipboard oil pollution plan approval fee (57 revenue units) (reg 7(2)), port reception fees and added labour costs (reg 43 gives the basis for calculating labour cost recovery when Territory labour is used). Design contract terms with ports and service providers to anticipate these costs.

Use the CEO as a resource for record books and guidance

Where there is uncertainty about formats or entries, obtain record books and guidance from the CEO as permitted under reg 41.

Document reasoned decisions and alternative procedures

Where you rely on alternative procedures or exemptions (eg CEO acceptance per reg 23), document the basis and ensure authorised officer certifications are entered into the cargo record book; preserve confirmation letters from other ports where relied upon (regs 23, 24(5-6)).

Prepare internal compliance checklists keyed to Schedule 1

Use Schedule 1 (recordable operations and events) to build checklists for when entries must be made in oil, cargo and garbage record books. Schedule 1 enumerates specific operations such as ballasting, slop tank discharge, loading/unloading and accidental discharges.

By combining these practical steps,equipment maintenance, recordkeeping discipline, pre-approvals and documented coordination with ports and authorised officers,ship operators can align routine technical choices with the Regulations’ requirements and reduce the risk of penalty exposure. Regular audits against the MARPOL appendices and the CEO’s guidance remain necessary because many substantive compliance elements are defined by those incorporated instruments.

MARINE POLLUTION REGULATIONS 2003

Plain English Summary

Deep Dive

What it does

Current sections

MARINE POLLUTION REGULATIONS 2003

Source text: opening excerpt

1 MARINE POLLUTION REGULATIONS 2003

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply