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Who decides and how enforcement works

• The Minister and prescribed officers (including harbour masters and appointed inspectors) implement and enforce the law; inspectors may board ships, require production of records and take samples (s.6, s.29).
• Much of the technical regime is delivered by regulations and orders that adopt or modify the international Annexes and technical standards (s.35 and Schedules). The Act explicitly permits declaring substances/categories by regulation (ss.18–19).

Why this matters (stated purpose and practical implications)

• The Act gives statutory force to detailed international rules intended to prevent and control marine pollution from ships: reporting, certification, equipment standards (oil‑water separators, monitoring systems), tank cleaning and limits on where and how residues can be discharged (see Annex material reproduced in Schedules; ss.13,15,16,20,26).
• If you operate ships, cargo tanks, transfer apparatus, or run ports/terminals, the Act sets operational requirements (equipment, monitoring, record‑keeping), mandatory surveys and certificates, potential criminal and civil liability and the prospect of being billed for clean‑up costs (see ss.13–16, 20–25, 27, 33).

Testing the stated purpose against costs, incentives and trade‑offs

• Intended effect claimed: to prevent and deter marine pollution by imposing strict operational standards and sanctions. This is implemented by: technical requirements (equipment and monitoring systems) and operational controls (where/when discharges are permitted) — see ss.8(6), 15–16, 20(4)–(11).
• Direct costs and compliance burden (who pays): shipowners, masters and terminal operators bear equipment and survey costs (oil discharge monitoring systems, separators, slop tanks, certificates — ss.15–16, Regs in Schedules). Ports and States must provide reception facilities and may have to run inspection/survey regimes (see Regulation/Annex material in Schedules and s.35 on fees and orders).
• Incentives and behavioural effects: the law raises the marginal cost of discharging at sea and creates incentives to: (a) invest in on‑board treatment and monitoring; (b) use reception facilities ashore; (c) alter routing or timing to meet distance/depth/speed conditions for permitted discharges (see s.8(6), s.20(4)–(11)); (d) change tank cleaning and cargo handling practices. Those adjustments change operating costs and logistic choices for carriers and charterers.
• Concentrated benefits / diffuse costs: operators of reception facilities and surveyors (including recognized organizations) gain business from compliance; shipping operators and small vessel owners face concentrated compliance costs (s.35, Schedules re: survey/certificates).
• Enforcement trade‑offs and capture risk: the Act delegates significant technical discretion to regulators (prescribed officers, inspectors, Minister, and regulations that adopt outside standards — ss.6, 29, 35, 37). That delegation is necessary for technical implementation but concentrates decision‑making in agencies and raises implementation/consistency risk.
• Opportunity cost and substitution effects: where at‑sea discharge is constrained, operators may substitute ashore disposal, increased retention on board, altered ship designs, or changes in cargo mix and contracts. These entail extra cost and can change freight prices.

Implementation risk and compliance friction

• Complexity and technical detail depend on international standards (Schedules 1–5). That reduces legal ambiguity but creates dependency on evolving international rules and on the State’s ability to provide reception infrastructure and timely inspections.
• Practical frictions: record‑keeping, multi‑year retention obligations (Oil Record Books: ss.13–15; Cargo Record Books: ss.23–25), and frequent survey/certification create administrative load for shipowners and port operators.
• Prosecutorial and civil enforcement features: there is no time limit for prosecutions (s.30(1)), and authorities can recover cleanup costs as a debt whether or not a conviction occurs (s.27(3)). This increases enforcement leverage but also legal risk for defendants.

Net effect on private enterprise and markets (brief)

• Compliance raises operating costs (capital and running), which are likely to be passed through in freight and service charges.
• Larger operators and ships are better placed to amortise equipment/survey costs; smaller operators bear proportionally higher burdens, potentially reducing competition in some trades.
• Ports providing reception facilities can capture service revenue; where reception infrastructure is inadequate, the Act authorises States to require improvement (see s.35 and Annex/Regulation obligations in Schedules).

Key sections to read for operators and port authorities: ss.3 (definitions and incorporation), 8 & 20 (offences for oil and noxious substances), 11–12 & 22 (reporting duties), 13 & 23 (record books), 15–16 (on‑board equipment and monitoring), 27–29 (powers, cost recovery and inspectors), 35 (regulations, exemptions and fees) and Schedules 1–5 (the reproduced MARPOL/Protocol technical rules).

27. Pollution by oil etc., powers to deal with etc. 37

28. Pollution by liquid substances, powers to deal with etc. 38

29. Inspectors’ powers 40

30. Prosecutions, no time limit for 42

31. Summonses, service of 42

32. Evidentiary provisions 42

33. Analysts, appointment, evidence of 43

34. Inspectors, protection of from liability 43

35. Regulations 44

36. Orders made under regulations, general provisions about 45

37. Prescribing matters by reference to other instruments 46

38. Repeal 46

Schedule 1 — 1973 Convention

Schedule 2 — 1978 Protocol

Schedule 3 — 1984 amendments to annex to Protocol

Schedule 4 — 1985 amendments to annex to Protocol

Schedule 5 — 1985 amendments to Protocol I

Notes

Compilation table 302

Other notes 303

Defined terms

Western Australia

Pollution of Waters by Oil and Noxious Substances Act 1987

An Act relating to the protection of the sea and certain waters from pollution by oil and other noxious substances discharged from ships and places on land and for related purposes.

Part I — Preliminary

1. Short title

This Act may be cited as the Pollution of Waters by Oil and Noxious Substances Act 1987.

2. Commencement

The provisions of this Act shall come into operation on such day as is, or days as are respectively, fixed by proclamation.

3. Terms used

(1) In this Act unless the contrary intention appears —

1973 Convention means the International Convention for the Prevention of Pollution from Ships, 1973 as corrected by the Proces‑Verbal of Rectification dated 13 June 1978 (a copy of the English text of which, apart from Annexes III, IV and V, as so corrected is set out in Schedule 1), as affected by any amendment, other than an amendment not accepted by Australia, made under Article 16 of the Convention;

1978 Protocol means the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973 (a copy of the English text of which, apart from Annexes III, IV and V to it, is set out in Schedule 2) as affected by —

(a) the amendments to the annex to the Protocol adopted on 7 September 1984 (a copy of the English text of which amendments is set out in Schedule 3); and

(b) the amendments to the Protocol adopted on 5 December 1985 (a copy of the English text of which relating to the annex of the Protocol is set out in Schedule 4 and a copy of the English text of which relating to Protocol I to the Convention is set out in Schedule 5); and

(c) any other amendment to the Protocol, other than an amendment not accepted by Australia, made under Article VI of the Protocol;

Australian ship means —

(a) a ship registered in Australia; or

(b) an unregistered ship having Australian nationality;

Convention means the 1973 Convention as modified and added to by the 1978 Protocol;

harbour master means a harbour master appointed under section 4 of the Shipping and Pilotage Act 1967 or section 102 of the Port Authorities Act 1999 for a port and also means a person for the time being carrying out the duties of such a harbour master during his absence, illness or incapacity;

inspector means —

(a) a person who is an inspector for the purposes of the Western Australian Marine Act 1982; or

(b) a person who is appointed in writing by the Minister to be an inspector for the purposes of this Act; or

(c) a harbour master; or

(d) a police office;

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

occupier means —

(a) in relation to a place on land, the person by whom or on whose behalf the place is actually occupied or if there is no such person the person entitled to possession of the place; and

(b) in relation to a vehicle, the person in charge or the owner of the vehicle, but not the occupier of the land on or over which the vehicle stands or moves; and

(c) in relation to a place on land being a pipeline, the person who undertakes the carriage of oil or an oily mixture by means of the pipeline;

place on land includes —

(a) any structure or apparatus on land; and

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

(c) anything resting on or lying under the bed, banks or shores of any State waters; and

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

pleasure vessel has the same meaning as in the Western Australian Marine Act 1982;

port authority means a port authority established under the Port Authorities Act 1999;

State waters means —

(a) the territorial sea adjacent to the State; and

(b) the sea on the landward side of the territorial sea adjacent to the State that is not within the limits of the State; and

(c) waters within the limits of the State;

this Act includes the regulations and orders made in pursuance of the regulations;

Tonnage Convention has the meaning given in the Navigation Act 2012 (Commonwealth) section 14(1);

trading ship has the meaning given in the Shipping Registration Act 1981 (Commonwealth) section 3(1).

(2) A reference in a section of this Act to a prescribed officer shall be read as a reference to the person for the time being occupying, or performing the duties of, an office in the Department or public authority of the State that deals with matters arising under that section, being an office that is prescribed for the purposes of that section.

(3) Except in so far as the contrary intention appears, an expression that is used in this Act and in the Convention, otherwise than in an annex to the Convention, (whether or not a particular meaning is assigned to it by the Convention) has, in this Act, the same meaning as in the Convention.

[(4) deleted]

(5) A discharge of oil or of an oily mixture or of a liquid substance or a mixture containing a liquid substance onto or into any land or waters, or any structure or thing, having the result that the whole or any part of the oil or oily mixture or liquid substance or mixture containing a liquid substance eventually enters any State waters, is for the purposes of this Act deemed to be a discharge into those State waters of the oil or oily mixture or liquid substance or mixture containing a liquid substance.

(6) Where, at any time, the gross tonnage applicable to a ship has been determined otherwise than in accordance with the Tonnage Convention, then, in the application of this Act to the ship at that time, a reference in this Act to the gross tonnage of a ship not expressed in tons shall be taken to be a reference to the gross tonnage of the ship expressed in tons.

[Section 3 amended: No. 46 of 1993 s. 46; No. 71 of 2003 s. 11; No. 24 of 2023 s. 110.]

4. Crown bound

(1) This Act binds the Crown in right of Western Australia and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.

(2) Nothing in this Act renders the Commonwealth or a State or Territory of the Commonwealth liable to be prosecuted for an offence.

(3) Subsection (2) does not affect any liability of any servant or agent of the Commonwealth or of a State or Territory of the Commonwealth to be prosecuted for an offence.

5. Saving of other laws

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

6. Delegation by Minister and harbour masters

(1) The Minister may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him, delegate to a person all or any of his powers under this Act, other than this power of delegation.

(2) A harbour master may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him, delegate to a person all or any of his powers as an inspector under this Act, other than this power of delegation.

(3) A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Minister or a harbour master, as the case may require.

(4) Without limiting subsection (1), a delegation under that subsection may be made to a port authority and, in that case, the port authority is authorised to exercise the power or powers so delegated.

[Section 6 amended: No. 71 of 2003 s. 12.]

Part II — Pollution by oil

7. Terms used

Except in so far as the contrary intention appears, an expression that is used in this Part or in section 27 and in Annex I to the Convention (whether or not a particular meaning is assigned to it by that Annex) has, in this Part and in section 27, the same meaning as in that Annex.

8. Discharge of oil etc. into State waters, offence

(1) Subject to subsections (4) and (6), if any discharge of oil or of an oily mixture occurs from a ship into State waters, the master and the owner of the ship are each guilty of an offence punishable, upon conviction, by a fine not exceeding —

(a) if the offender is a natural person — $50 000; or

(b) if the offender is a body corporate — $250 000.

(2) If any discharge of oil or of an oily mixture occurs from a place on land into State waters, the occupier of that land is guilty of an offence punishable, upon conviction, by a fine not exceeding —

(a) if the offender is a natural person — $50 000; or

(b) if the offender is a body corporate — $250 000.

(3) If any discharge of oil or of an oily mixture into State waters occurs from any apparatus used for transferring oil or an oily mixture from or to any ship, whether to or from a place on land or to or from another ship, the person in charge of the apparatus is guilty of an offence punishable, upon conviction, by a fine not exceeding —

(a) if the offender is a natural person — $50 000; or

(b) if the offender is a body corporate — $250 000.

(4) Subsection (1) does not apply to the discharge of oil or of an oily mixture from a ship —

(a) for the purpose of securing the safety of a ship or saving life at sea; or

(b) if the oil or oily mixture, as the case may be, escaped from the ship in consequence of damage, other than intentional damage, to the ship or its equipment, and all reasonable precautions were taken after the occurrence of the damage or the discovery of the discharge for the purpose of preventing or minimizing the escape of oil or oily mixture, as the case may be; or

(c) in the case of an oily mixture, if the discharge was for the purpose of combating specific pollution incidents in order to minimize the damage from pollution and was approved by a prescribed officer.

(5) For the purposes of subsection (4), damage to a ship or to its equipment shall be taken to be intentional damage if, and only if, the damage arose in circumstances in which the master or owner of the ship —

(a) acted with intent to cause the damage; or

(b) acted recklessly and with knowledge that damage would probably result.

(6) Without limiting the generality of subsection (4) but subject to subsection (7), subsection (1) does not apply to —

(a) the discharge from an oil tanker of oil or an oily mixture, not being oil or an oily mixture of the kind referred to in paragraph (c), if the following conditions are satisfied —

(i) the oil tanker is not within a special area and is more than 50 nautical miles from the nearest land;

(ii) the oil tanker is proceeding en route;

(iii) the instantaneous rate of discharge of oil content does not exceed 60 L per nautical mile;

(iv) the total quantity of oil discharged into the waters does not exceed —

(A) in the case of an oil tanker that is an existing tanker — one part in 15 000 parts of the total quantity of the cargo of oil of which oil discharged formed a part; or

(B) in the case of an oil tanker that is a new tanker — one part in 30 000 parts of the total quantity of the cargo of oil of which oil discharged formed a part;

(v) the oil tanker has in operation an oil discharge monitoring and control system and a slop tank arrangement as required by regulations made under the Navigation Act 2012 (Commonwealth) section 340;

or

(b) the discharge from a ship that has a gross tonnage of 400 or more and is not an oil tanker of oil or an oily mixture if the following conditions are satisfied —

(i) the ship is not within a special area and is more than 12 nautical miles from the nearest land;

(ii) the ship is proceeding en route;

(iii) the oil content of the effluent is less than 100 parts in 1 000 000 parts;

(iv) the ship has in operation an oil discharge monitoring and control system, oily‑water separating equipment, oil filtering equipment or other installation as required by regulations made under the Navigation Act 2012 (Commonwealth) section 340;

or

(c) the discharge from an oil tanker of oil or an oily mixture, being oil or an oily mixture that is from the machinery space bilges (other than the cargo pump room bilges) of the oil tanker and does not include oil cargo residue, if the conditions specified in paragraph (b) are satisfied in relation to the discharge; or

(d) the discharge from an oil tanker, or another ship that has a gross tonnage of 400 or more, of an unprocessed oily mixture, not being an oily mixture that originated from the cargo pump room bilges of the ship or includes oil cargo residue, if the following conditions are satisfied —

(i) the ship is not within a special area;

(ii) the oil content of the unprocessed oily mixture without dilution is not more than 15 parts in 1 000 000 parts;

or

(e) the discharge from a ship that has a gross tonnage of 400 or more and is not an oil tanker of a processed oily mixture, not being an oily mixture that originated from the cargo pump room bilges of the ship or includes oil cargo residue, if the following conditions are satisfied —

(i) the ship is not within a special area;

(ii) the oil content of the effluent without dilution is not more than 15 parts in 1 000 000 parts;

(iii) the ship has in operation oil filtering equipment as required by regulations made under the Navigation Act 2012 (Commonwealth) section 340;

or

(f) the discharge from an oil tanker of a processed oily mixture, being a processed oily mixture that originates from the machine

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