Commonwealth act

Pollution of the Sea by Oil (Shipping Levy) Act 1972

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

Jurisdiction

Commonwealth

Act Number

132 of 1972

Collection

act

Plain English Summary

2/10 complexity

The Act imposes a compulsory quarterly levy on commercial ships (over 100 tonnes) that carry at least 10 tonnes of oil in bulk while in an Australian port, funding responses to and prevention of marine oil pollution. Naval and non‑commercial government vessels are exempt. The levy rate is set by regulation but capped at four cents per tonne of ship tonnage. It embeds an early “polluter pays” approach to maritime environmental risk.

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Current sections

Direct links to the current provisions in Pollution of the Sea by Oil (Shipping Levy) Act 1972.

Pollution of the Sea by Oil (Shipping Levy) Act 1972

Pollution of the Sea by Oil (Shipping Levy)

No. 132 of 1972

An Act to impose a Levy in respect of certain Ships in Australian ports with Oil on board.

[Assented to 2 November 1972]

BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title.

This Act may be cited as the Pollution of the Sea by Oil (Shipping Levy) Act 1972.

Commencement.

2.—(1.) This Act shall come into operation on such date as is fixed by Proclamation.

(2.) The date fixed under the last preceding sub-section shall not be a date other than the first day of a quarter.

Collection Act to be read with this Act.

The Pollution of the Sea by Oil (Shipping Levy Collection) Act 1972 shall be read as one with this Act.

Imposition of levy.

Where, at any time during a quarter when a ship to which this Act applies was in an Australian port, there was on board the ship a quantity of oil in bulk weighing not less than ten tons, levy is imposed in respect of the ship for the quarter.

Rate of levy.

The rate of levy for a quarter is such rate, not exceeding a rate of Four cents per ton of the tonnage of a ship, as is prescribed and, in accordance with the regulations, is applicable to the quarter.

Application of Act.

This Act applies to a ship (including a ship that is laid up) the tonnage of which exceeds one hundred tons, but does not apply to a ship that—

(a) belongs to the naval, military or air forces of the Commonwealth or any other country; or

(b) belongs to the Commonwealth or a State, or to an authority of the Commonwealth or a State, and is not engaged in trade.

Regulations.

The Governor-General may make regulations for the purposes of section 5 of this Act.

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

1 Pollution of the Sea by Oil (Shipping Levy) Act 1972