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