Pollution of Waters by Oil and Noxious Substances Regulations 2022
S.R. No. 7/2022
Version as at
8 February 2022
TABLE OF PROVISIONS
Regulation Page
Part 1—Preliminary 1
1 Objectives 1
2 Authorising provisions 1
3 Revocation 1
4 Definitions 2
Part 2—Pollution by oil or oily mixtures 3
5 Prescribed officers—sections 8 and 10 of the Act 3
6 Prescribed manner of notifying a discharge 3
7 Prescribed form of report of a discharge 3
8 Prescribed time for furnishing report 3
9 Oil record book 4
10 Prescribed operations and occurrences 4
11 Prescribed officers—section 13 of the Act 5
12 Exemptions 5
Part 3—Adoption of amendments to the Convention 6
13 New Schedule 9 to the Act inserted 6
Schedule 1—Pollution report 15
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Endnotes 16
1 General information 16
2 Table of Amendments 18
3 Amendments Not in Operation 19
4 Explanatory details 20
Version No.001
Pollution of Waters by Oil and Noxious Substances Regulations 2022
S.R. No. 7/2022
Version as at
8 February 2022
Part 1—Preliminary
1 Objectives
The objectives of these Regulations are to prescribe—
(a) the officers to whom, the manner and form in which, and the time within which a discharge or probable discharge of oil or an oily mixture must be notified or reported; and
(b) the operations and occurrences which necessitate entries being made in a ship's oil record book, the form of the oil record book and the officers with whom oil record books may be deposited; and
(c) exemptions from specified provisions of the Act and from these Regulations.
2 Authorising provisions
These Regulations are made under sections 30 and 32 of the Pollution of Waters by Oil and Noxious Substances Act 1986.
3 Revocation
The Pollution of Waters by Oil and Noxious Substances Regulations 2012 are .
AMSA means the Australian Maritime Safety Authority established by the Australian Maritime Safety Authority Act 1990 of the Commonwealth;
authorised officer has the same meaning as in the Environment Protection Act 2017;
harbour master has the same meaning as in the Marine Safety Act 2010;
Joint Rescue Coordination Centre means the search and rescue service provided by AMSA known as the Joint Rescue Coordination Centre—Australia;
Marine Order 91 means Marine Order 91 (Marine pollution prevention – oil) 2014 made under the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 of the Commonwealth and the Navigation Act 2012 of the Commonwealth;
Secretary has the same meaning as in the Marine (Drug, Alcohol and Pollution Control) Act 1988;
the Act means the Pollution of Waters by Oil and Noxious Substances Act 1986.
Part 2—Pollution by oil or oily mixtures
5 Prescribed officers—sections 8 and 10 of the Act
For the purposes of sections 8 and 10 of the Act, the Secretary is a prescribed officer.
6 Prescribed manner of notifying a discharge
For the purposes of section 10(1) and (3) of the Act, an incident is notified in the prescribed manner if—
(a) it is notified by means of a telephone message, a radio message, an email or a fax; and
(b) the message is conveyed to—
(i) the Joint Rescue Coordination Centre; or
(ii) the Secretary; or
(iii) the harbour master for the waters in which the incident occurs; and
(c) the message commences with the code letters POLREP and the name and radio call sign of the ship.
7 Prescribed form of report of a discharge
For the purposes of section 10(6) and (7) of the Act, the prescribed form of report is Form 1 in Schedule 1.
8 Prescribed time for furnishing report
For the purposes of section 10(6) and (7) of the Act, the prescribed time is the period of 24 hours immediately following receipt of a request for a report.
9 Oil record book
(1) A ship of a type referred to in section 11(1) of the Act that is an oil tanker must carry an oil record book of the kind specified in subregulation (3)(a).
(2) A ship of a type referred to in section 11(1) of the Act other than an oil tanker must carry an oil record book of the kind specified in subregulation (3)(b).
(3) For the purposes of section 11(3) of the Act—
(a) the prescribed form of oil record book for oil tankers is the form of oil record book set out in Part I and Part II of Appendix III to Annex I of the Convention, as set out in Schedule 3 to the Act and amended by Schedule 9 to the Act; and
(b) the prescribed form of oil record book for ships other than oil tankers is the form of oil record book set out in Part I of Appendix III to Annex I of the Convention, as set out in Schedule 3 to the Act and amended by Schedule 9 to the Act.
10 Prescribed operations and occurrences
(1) For the purposes of section 11(5) of the Act, each machinery space operation referred to in the form of oil record book set out in Part I of Appendix III to Annex I of the Convention, as set out in Schedule 3 to the Act and amended by Schedule 9 to the Act, is a prescribed operation for a ship (including an oil tanker).
(2) For the purposes of section 11(5) of the Act, each cargo or ballast operation referred to in the form of oil record book set out in Part II of Appendix III to Annex I of the Convention, as set out in Schedule 3 to the Act and amended by Schedule 9 to the Act, is a prescribed operation for a ship that is an oil tanker.
(3) For the purposes of section 11(5) of the Act, each of the occurrences prescribed by order 31(2) of Marine Order 91 is a prescribed occurrence for a ship (including an oil tanker).
11 Prescribed officers—section 13 of the Act
For the purposes of section 13 of the Act, an authorised officer is a prescribed officer.
12 Exemptions
A ship included in the following classes of ships is exempt from Division 1 of Part 2 of the Act and from these Regulations—
(a) ships under the control of the Australian Defence Force;
(b) warships, naval auxiliaries or other ships owned or operated by a foreign country and used, for the time being, only in government non-commercial service.
Part 3—Adoption of amendments to the Convention
13 New Schedule 9 to the Act inserted
After Schedule 8 to the Act insert—
'Schedule 9
Section 3
ADOPTION OF AMENDMENTS TO THE ANNEX OF THE PROTOCOL OF 1978 RELATING TO THE INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973
(Amendments to regulations 1, 12, 13, 17 and 38 of MARPOL Annex I, Supplement to the IOPP Certificate and Oil Record Book Parts I and II)
adopted on 17 July 2009
The Marine Environment Protection Committee,
Recalling Article 38(a) of the Convention on the International Maritime Organization concerning the functions of the Marine Environment Protection Committee (the Committee) conferred upon it by international conventions for the prevention and control of marine pollution,
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 International Convention for the Prevention of Pollution from Ships, 1973 (hereinafter referred to as the "1978 Protocol") which together specify the amendment procedure of the 1978 Protocol and confer 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 proposed amendments to Annex I of MARPOL 73/78,
Adopts, in accordance with Article 16(2)(d) of the 1973 Convention, the amendments to Annex I of MARPOL 73/78 concerning regulations 1, 12, 13, 17 and 38 and the Supplement to the IOPP Certificate and Oil Record Book Parts I and II, 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 1 July 2010 unless prior, to that date, not less than one-third of the Parties or Parties the combined merchant fleets of which constitute not less than 50 per cent of the gross tonnage of the world's merchant fleet, have communicated to the Organization their objection to the amendments;
Invites the Parties to note that, in accordance with Article 16(2)(g)(ii) of the 1973 Convention, the said amendments shall enter into force on 1 January 2011 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 MARPOL 73/78 certified copies of the present resolution and the text of the amendments contained in the annex; and
Requests further the Secretary-General to transmit to the Members of the Organization which are not Parties to MARPOL 73/78 copies of the present resolution and its annex.
ANNEX
AMENDMENTS TO MARPOL ANNEX I
(Amendments to regulations 1, 12, 13, 17 and 38 of MARPOL Annex I, Supplement to the IOPP Certificate and Oil Record Book Parts I and II)
Annex 1
AMENDMENTS TO REGULATIONS 1, 12, 13, 17 AND 38 OF MARPOL ANNEX I
Regulation 1—Definitions
1 The following new subparagraphs .31, .32, .33 and .34 are added after existing subparagraph .30:
".31 Oil residue (sludge) means the residual waste oil products generated during the normal operation of a ship such as those resulting from the purification of fuel or lubricating oil for main or auxiliary machinery, separated waste oil from oil filtering equipment, waste oil collected in drip trays, and waste hydraulic and lubricating oils.
.32 Oil residue (sludge) tank means a tank which holds oil residue (sludge) from which sludge may be disposed directly through the standard discharge connection or any other approved means of disposal.
.33 Oily bilge water means water which may be contaminated by oil resulting from things such as leakage or maintenance work in machinery spaces. Any liquid entering the bilge system including bilge wells, bilge piping, tank top or bilge holding tanks is considered oily bilge water.
.34 Oily bilge water holding tank means a tank collecting oily bilge water prior to its discharge, transfer or disposal.".
Regulation 12—Tanks for oil residues (sludge)
2 Paragraph 1 is amended to read as follows:
"1 Every ship of 400 gross tonnage and above shall be provided with a tank or tanks of adequate capacity, having regard to the type of machinery and length of voyage, to receive the oil residues (sludge) which cannot be dealt with otherwise in accordance with the requirements of this Annex.".
3 The following new paragraph 2 is inserted, after the existing paragraph 1:
"2 Oil residue (sludge) may be disposed of directly from the oil residue (sludge) tank(s) through the standard discharge connection referred to in regulation 13, or any other approved means of disposal. The oil residue (sludge) tank(s):
.1 shall be provided with a designated pump for disposal that is capable of taking suction from the oil residue (sludge) tank(s); and
.2 shall have no discharge connections to the bilge system, oily bilge water holding tank(s), tank top or oily water separators except that the tank(s) may be fitted with drains, with manually operated self-closing valves and arrangements for subsequent visual monitoring of the settled water, that lead to an oily bilge water holding tank or bilge well, or an alternative arrangement, provided such arrangement does not connect directly to the bilge piping system.".
4 Existing paragraphs 2 and 3 are renumbered 3 and 4, respectively.
Regulations 12, 13, 17 and 38
5 The word "sludge" in regulations 12.2, 13, 17.2.3, 38.2 and 38.7 is replaced by the words "oil residue (sludge)".
6 The words "and other oil residues" in regulation 17.2.3 are deleted.
Annex 2
AMENDMENTS TO THE SUPPLEMENT TO THE IOPP CERTIFICATE FORM A (SHIPS OTHER THAN OIL TANKERS) AND FORM B (OIL TANKERS)
1 The existing Section 3 of the Supplement to the IOPP Certificate, Form A and Form B, is replaced by the following:
"3 Means for retention and disposal of oil residues (sludge) (regulation 12) and oily bilge water holding tank(s)
3.1 The ship is provided with oil residue (sludge) tanks for retention of oil residues (sludge) on board as follows:
Tank identification Tank location Volume (m3)
Frames (from)-(to) Lateral position
Total volume: ...... m3
3.2 Means for the disposal of oil residues (sludge) retained in oil residue (sludge) tanks:
3.2.1 Incinerator for oil residues (sludge), maximum capacity kW or kcal/h (delete as appropriate) ...........................................
3.2.2 Auxiliary boiler suitable for burning oil residues (sludge) .........................................
3.2.3 Other acceptable means, state which ......................................
3.3 The ship is provided with holding tank(s) for the retention on board of oily bilge water as follows:
Tank identification Tank location Volume (m3)
Frames (from)-(to) Lateral position
Total volume: ...... m3
".
2 The term "(double bottom requirements)" at the end of paragraph 5.8.2 of Form B is deleted.
3 Paragraphs 5.8.5 and 5.8.7 are replaced by the following:
"5.8.5 The ship is not subject to regulation 20 (check which box(es) apply):
.1 The ship is less than 5,000 tonnes deadweight 🞏
.2 The ship complies with regulation 20.1.2 🞏
.3 The ship complies with regulation 20.1.3 🞏".
'5.8.7 The ship is not subject to regulation 21 (check which box(es) apply):
.1 The ship is less than 600 tonnes deadweight 🞏
.2 The ship complies with regulation 19 (Deadweight tonnes ≥ 5,000) 🞏
.3 The ship complies with regulation 21.1.2 🞏
.4 The ship complies with regulation 21.4.2 (600 ≤ Deadweight tonnes < 5,000) 🞏
.5 The ship does not carry "heavy grade oil" as defined in regulation 21.2 of MARPOL Annex I 🞏'.
4 Delete paragraph 6.1.5.4 from the Supplement to the International Oil Pollution Prevention Certificate, Form B.
Annex 3
AMENDMENTS TO THE OIL RECORD BOOK PARTS I AND II
1 Sections (A) to (H) of the Oil Record Book Part I are replaced by the following:
"(A) Ballasting or cleaning of oil fuel tanks
1 Identity of tank(s) ballasted.
2 Whether cleaned since they last contained oil and, if not, type of oil previously carried.
3 Cleaning process:
.1 position of ship and time at the start and completion of cleaning;
.2 identify tank(s) in which one or another method has been employed (rinsing through, steaming, cleaning with chemicals; type and quantity of chemicals used, in m3);
.3 identity of tank(s) into which cleaning water was transferred and the quantity in m3.
4 Ballasting:
.1 position of ship and time at start and end of ballasting;
. .2 quantity of ballast if tanks are not cleaned, in m3.
(B) Discharge of dirty ballast or cleaning water from oil fuel tanks referred to under Section (A)
5 Identity of tank(s).
6 Position of ship at start of discharge.
7 Position of ship on completion of discharge.
8 Ship's speed(s) during discharge.
9 Method of discharge:
.1 through 15 ppm equipment;
.2 to reception facilities.
10 Quantity discharged, in m3.
(C) Collection, transfer and disposal of oil residues (sludge)
11 Collection of oil residues (sludge).
Quantities of oil residues (sludge) retained on board. The quantity should be recorded weekly(a) (this means that the quantity must be recorded once a week even if the voyage lasts more than one week):
.1 identity of tank(s);
.2 capacity of tank(s).................................... m3;
.3 total quantity of retention......................... m3;
.4 quantity of residue collected by manual operation .......... m3.
(Operator initiated manual collections where oil residue (sludge) is transferred into the oil residue (sludge) holding tank(s).)
12 Methods of transfer or disposal of oil residues (sludge).
State quantity of oil residues transferred or disposed of, the tank(s) emptied and the quantity of contents retained in m3:
.1 to reception facilities (identify port)(b);
.2 to another (other) tank(s) (indicate tank(s) and the total content of tank(s));
.3 incinerated (indicate total time of operation);
.4 other method (state which).
(D) Non-automatic starting of discharge overboard, transfer or disposal otherwise of bilge water which has accumulated in machinery spaces
13 Quantity discharged, transferred or disposed of, in m3.(c)
14 Time of discharge, transfer or disposal (start and stop).
15 Method of discharge, transfer, or disposal:
.1 through IS ppm equipment (state position at start and end);
.2 to reception facilities (identify port)(b);
.3 to slop tank or holding tank or other tank(s) (indicate tank(s); state quantity retained in tank(s), in m3).
(E) Automatic starting of discharge overboard, transfer or disposal otherwise of bilge water which has accumulated in machinery spaces
16 Time and position of ship at which the system has been put into automatic mode of operation for discharge overboard, through 15 ppm equipment.
17 Time when the system has been put into automatic mode of operation for transfer of bilge water to holding tank (identify tank).
18 Time when the system has been put into manual operation.
(F) Condition of the oil filtering equipment
19 Time of system failure.(d)
20 Time when system has been made operational.
21 Reasons for failure.
(G) Accidental or other exceptional discharges of oil
22 Time of occurrence.
23 Place or position of ship at time of occurrence.
24 Approximate quantity and type of oil.
25 Circumstances of discharge or escape, the reasons therefor and general remarks.
(H) Bunkering of fuel or bulk lubricating oil
26 Bunkering:
.1 Place of bunkering.
.2 Time of bunkering.
.3 Type and quantity of fuel oil and identity of tank(s) (state quantity added, in tonnes and total content of tank(s)).
.4 Type and quantity of lubricating oil and identity of tank(s) (state quantity added, in tonnes and total content of tank(s)).".
2 Section (J) of the Oil Record Book Part II is replaced by the following:
"(J) Collection, transfer and disposal of residues and oily mixtures not otherwise dealt with
55 Identity of tanks.
56 Quantity transferred or disposed of from each tank. (State the quantity retained, in m3.)
57 Method of transfer or disposal:
.1 disposal to reception facilities (identify port and quantity involved);
.2 mixed with cargo (state quantity);
.3 transferred to or from (an)other tank(s) including transfer from machinery space oil residue (sludge) and oily bilge water tanks (identify tank(s); state quantity transferred and total quantity in tank(s), in m3); and
.4 other method (state which); state quantity disposed of in m3.".
(a) Only those tanks listed in item 3.1 of Forms A and B of the Supplement to the IOPP Certificate used for oil residues (sludge).
(b) The ship's master should obtain from the operator of the reception facilities, which includes barges and tank trucks, a receipt or certificate detailing the quantity of tank washings, dirty ballast, residues or oily mixtures transferred together, with the time and date of the transfer. This receipt or certificate, if attached to the Oil Record Book Part I may aid the master of the ship in proving that the ship was not involved in an alleged pollution incident. The receipt or certificate should be kept together with the Oil Record Book Part I.
(c) In case of discharge or disposal of bilge water from holding tank(s), state identity and capacity of holding tank(s) and quantity retained in holding tank.
(d) The condition of the oil filtering equipment covers also the alarm and automatic stopping devices, if applicable.'.
Schedule 1—Pollution report
Regulation 7
Form 1
*Name of vessel, call sign and flag:
*Date and time of event [expressed as Coordinated Universal Time]:
*Position [expressed in latitude and longitude or true bearing and distance]:
*True course [expressed as a 3 digit group]:
*Speed [expressed in knots and tenths of a knot as a 3 digit group]:
*Route information – details of intended track:
*Full details of radio stations and frequencies being guarded:
*Time of next report [expressed as Coordinated Universal Time]:
*Type and quantities of cargo and bunkers on board:
*Brief details of defects, damage, deficiencies or other limitations. These must include the condition of the vessel and the ability to transfer cargo, ballast or fuel:
*Brief details of actual pollution. These should include the type of oil, an estimate of the quantity discharged, whether the discharge is continuing, the cause of the discharge and, if possible, an estimate of the movement of the slick:
*Weather and sea conditions, including wind force and direction and relevant tidal or current details:
*Name, address, telephone and facsimile numbers of the vessel's owner and representative (manager or operator of the vessel, or their agents):
*Type of vessel, length, breadth and tonnage:
*Action being taken with regard to the discharge and to the movement of the vessel:
*Assistance or salvage efforts which have been requested or which have been provided by others:
*Delete if inapplicable.
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Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Pollution of Waters by Oil and Noxious Substances Regulations 2022, S.R. No. 7/2022 were made on 8 February 2022 by the Governor in Council under sections 30 and 32 of the Pollution of Waters by Oil and Noxious Substances Act 1986, No. 27/1986 and came into operation on 8 February 2022.
The Pollution of Waters by Oil and Noxious Substances Regulations 2022 will sunset 10 years after the day of making on 8 February 2032 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
There are no amendments made to the Pollution of Waters by Oil and Noxious Substances Regulations 2022 by statutory rules, subordinate instruments and Acts.
3 Amendments Not in Operation
This version does not contain amendments that are not yet in operation.
4 Explanatory details
Reg. 3: S.R. No. 7/2012.
——
Table of Applied, Adopted or Incorporated Matter
The following table of applied, adopted or incorporated matter was included in S.R. No. 7/2022 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.
| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |
| --- | --- | --- |
| Regulation 4, definition of ***Marine Order 91*** and regulation 10(3) | Marine Order 91 (Marine pollution prevention—oil) 2014, made under section 34 of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 of the Commonwealth and section 342 of the Navigation Act 2012 of the Commonwealth, prepared by the Australian Maritime Safety Authority on 1 April 2018 | The whole |
Section 1 - Pollution of Waters by Oil and Noxious Substances Regulations 2022 - Pollution of Waters by Oil and Noxious Substances Regulations 2022 | Zoe