ADOPTION OF AMENDMENTS TO THE PROTOCOL OF 1978 RELATING TO THE INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973
(RELATING TO PROTOCOL I TO THE INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973 AS MODIFIED BY THE PROTOCOL OF 1978 RELATING THERETO)
adopted on 5 December 1985
RECALLING Article 38(a) of the Convention of the International Maritime Organization concerning the function of the Committee conferred upon it by international conventions for the prevention and control of marine pollution from ships,
NOTING Article 16 of the International Convention for the Prevention of Pollution from Ships, 1973 (hereinafter referred to as the “1973 Convention”) and Article VI of the Protocol of 1978 relating to the 1973 Convention (hereinafter referred to as the “1978 Protocol”) which together specify the amendment procedure of the 1978 Protocol and confers upon the appropriate body of the Organization the function of considering and adopting amendments to the 1973 Convention as modified by the 1978 Protocol (MARPOL 73/78),
HAVING CONSIDERED at its twenty‑second session amendments to the 1978 Protocol proposed and circulated in accordance with article 16(2)(a) of the 1973 Convention,
ADOPTS in accordance with article 16(2)(d) of the 1973 Convention amendments to the 1978 Protocol (relating to Protocol I of MARPOL 73/78), the text of which is set out in the Annex to the present resolution;
DETERMINES in accordance with article 16(2)(f)(iii) of the 1973 Convention that the amendments shall be deemed to have been accepted on 5 October 1986 unless prior to this date one third or more of the Parties or the Parties the combined merchant fleets of which constitute fifty per cent or more of the gross tonnage of the world’s merchant fleet, have communicated to the Organization their objections to the amendments;
INVITES the Parties to note that in accordance with article 16(2)(g)(ii) of the 1973 Convention the amendments shall enter into force on 6 April 1987 upon their acceptance in accordance with paragraph 2 above;
REQUESTS the Secretary‑General in conformity with article 16(2)(e) of the 1973 Convention to transmit to all Parties to the 1978 Protocol certified copies of the present resolution and the text of the amendments contained in the Annex;
FURTHER REQUESTS the Secretary‑General to transmit to the Members of the Organization which are not Parties to the 1978 Protocol copies of the resolution and its Annex.
AMENDMENTS TO THE ANNEX OF THE PROTOCOL OF 1978 RELATING TO THE INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973
PROTOCOL I
PROVISIONS CONCERNING REPORTS ON INCIDENTS INVOLVING HARMFUL SUBSTANCES
(in accordance with Article 8 of the Convention)
The existing text of Protocol I is replaced by the following:
“Article I
Duty to Report
(1) The Master or other person having charge of any ship involved in an incident referred to in Article II of this Protocol shall report the particulars of such incident without delay and to the fullest extent possible in accordance with the provisions of this Protocol.
(2) In the event of the ship referred to in paragraph (1) of this Article being abandoned, or in the event of a report from such a ship being incomplete or unobtainable, the owner, charterer, manager or operator of the ship, or their agent shall, to the fullest extent possible, assume the obligations placed upon the Master under the provisions of this Protocol.
When to Make Reports
(1) The report shall be made when an incident involves:
(a) a discharge or probable discharge of oil, or noxious liquid substances carried in bulk, resulting from damage to the ship or its equipment, or for the purpose of securing the safety of a ship or saving life at sea; or
(b) a discharge or probable discharge of harmful substances in packaged form, including those in freight containers, portable tanks, road and rail vehicles and shipborne barges; or
(c) a discharge during the operation of the ship of oil or noxious liquid substances in excess of the quantity or instantaneous rate permitted under the present Convention.
(2) For the purposes of this Protocol:
(a) “Oil” referred to in sub‑paragraph 1(a) of this Article means oil as defined in Regulation 1(1) of Annex I of the Convention.
(b) “Noxious liquid substances” referred to in sub‑paragraph 1(a) of this Article means noxious liquid substances as defined in Regulation 1(6) of Annex II of the Convention.
(c) “Harmful substances” in packaged form referred to in sub‑paragraph 1(b) of this Article means substances which are identified as marine pollutants in the International Maritime Dangerous Goods (IMDG) Code.
Contents of Report
Reports shall in any case include:
(a) identity of ships involved;
(b) time, type and location of incident;
(c) quantity and type of harmful substance involved;
(d) assistance and salvage measures.
Supplementary Report
Any person who is obliged under the provisions of this Protocol to send a report shall, when possible:
(a) supplement the initial report, as necessary, and provide information concerning further developments; and
(b) comply as fully as possible with requests from affected States for additional information.
Reporting Procedures
(1) Reports shall be made by the fastest telecommunications channels available with the highest possible priority to the nearest coastal State.
(2) In order to implement the provisions of this Protocol, Parties to the present Convention shall issue, or cause to be issued, regulations or instructions on the procedures to be followed in reporting incidents involving harmful substances, based on guidelines developed by the Organization.”
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Notes
This is a compilation of the Pollution of Waters by Oil and Noxious Substances Act 1987 and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.
Compilation table
| Short title | Number and year | Assent | | Commencement |
| Pollution of Waters by Oil and Noxious Substances Act 1987 | 14 of 1987 | 29 Jun 1987 | | s. 1 and 2: 29 Jun 1987; Act other than s. 1 and 2: 1 Jul 1993 (see s. 2 and Gazette 29 Jun 1993 p. 3163) |
| Ports (Functions) Act 1993 s. 46 | 46 of 1993 | 20 Dec 1993 | | 15 Jun 1994 (see s. 2 and Gazette 10 Jun 1994 p. 2373) |
| Acts Amendment (Department of Transport) Act 1993 Pt. 11 | 47 of 1993 | 20 Dec 1993 | | 1 Jan 1994 (see s. 2 and Gazette 31 Dec 1993 p. 6861) |
| Sunday Observance Laws Amendment and Repeal Act 1997 s. 5 | 49 of 1997 | 10 Dec 1997 | | 10 Dec 1997 (see s. 2) |
| Reprint of the Pollution of Waters by Oil and Noxious Substances Act 1987 as at 12 Oct 2001 (includes amendments listed above) | | | | |
| Ports and Marine Legislation Amendment Act 2003 Pt. 3 | 71 of 2003 | 15 Dec 2003 | | 15 Dec 2003 (see s. 2(1)) |
| Courts Legislation Amendment and Repeal Act 2004 s. 141 | 59 of 2004 | 23 Nov 2004 | | 1 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7128) |
| Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004 s. 78 | 84 of 2004 | 16 Dec 2004 | | 2 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7129 (correction in Gazette 7 Jan 2005 p. 53)) |
| Standardisation of Formatting Act 2010 s. 4 | 19 of 2010 | 28 Jun 2010 | | 11 Sep 2010 (see s. 2(b) and Gazette 10 Sep 2010 p. 4341) |
| Reprint 2: The Pollution of Waters by Oil and Noxious Substances Act 1987 as at 6 Jan 2012 (includes amendments listed above) | | | | |
| Marine Safety (Domestic Commercial Vessel National Law Application) Act 2023 Pt. 10 Div. 5 | 24 of 2023 | | 24 Oct 2023 | 21 Dec 2023 (see s. 2(b) and SL 2023/203 cl. 2(b)) |
| Statutes (Repeals and Minor Amendments) Act 2025 s. 32 | 14 of 2025 | | 25 Sep 2025 | 26 Sep 2025 (see s. 2(b)) |
Other notes
1 On the date as at which this compilation was prepared the amendments to the Western Australian Marine Act 1982 which are to be effected by the Western Australian Marine Amendment Act 1987 s. 6 had not come into operation. The relevant part of s. 6 reads:
Divisions 6 and 7 of Part IV inserted
After Division 5 of Part IV of the principal Act, the following Divisions are inserted —
“
Division 6 — Prevention of Pollution from Ships Convention (Ships Carrying or Using Oil)
90A. Interpretation
(1) In this Division, unless the contrary intention appears —
Annex I means Annex I to the Prevention of Pollution from Ships Convention;
foreign ship means a ship that is not an Australian ship.
(2) Except in so far as the contrary intention appears, an expression that is used in this Division and in the Prevention of Pollution from Ships Convention, including Annex I but not including any other Annex to that Convention, (whether or not a particular meaning is assigned to it by that Convention) has, in this Division, the same meaning as in that Convention.
(3) For the purposes of this Division, a ship shall not be taken to comply with the provisions of Annex I if it does not comply with the regulations and orders referred to in section 90B.
90B. Regulations to give effect to Regulations 13 to 19 (inclusive) of Annex I
(1) The regulations may make provision for and in relation to giving effect to Regulations 13 to 19 (inclusive) of Annex I.
(2) Without limiting the generality of subsection (1), regulations made for the purposes of that subsection may empower the Minister to make orders with respect to any matter for or in relation to which provision may be made by the regulations by virtue of this section.
(3) Sections 37, 41 and 42 of the Interpretation Act 1984 apply in relation to orders made in pursuance of regulations made under subsection (1) as if references in those sections to regulations were references to such orders and references in those sections to an Act included a reference to regulations.
(4) Unless the contrary intention appears, expressions used in orders made in pursuance of the regulations made under subsection (1) have the same meanings as in this Division.
(5) Orders made in pursuance of the regulations made under subsection (1) shall be read subject to this Act and the regulations and so as not to exceed the power conferred by this Act and the regulations to the intent that where such orders would, but for this subsection, have been construed as being in excess of the power conferred by subsection (1) and the regulations, they shall be deemed to be valid orders to the extent that they are not in excess of that power.
(6) Where an order made in pursuance of the regulations made under subsection (1) is inconsistent with a provision of this Act or the regulations, the latter shall prevail and the former shall, to the extent of the inconsistency, be of no force or effect.
”.
Defined terms
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]