Part 1Preliminary

Part 1—Preliminary 1—Short title This Act may be cited as the Protection of Marine Waters (Prevention of Pollution from Ships) Act 1987. 3—Interpretation (1) In this Act, unless the contrary intention appears— Australian fishing vessel means a fishing vessel that is registered, or entitled to be registered, in Australia or in relation to which an instrument under section 4(2) of the Fisheries Act 1952 of the Commonwealth (as amended and in force for the time being) is in force; 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; fishing vessel means a vessel used or intended to be used for catching fish or other living resources of the sea or seabed for trading or manufacturing purposes but excludes any vessel engaged in harvesting or transportation of algae or aquatic plants; inspector means— (a) a person who is appointed in writing by the Minister to be an inspector for the purposes of this Act; or (b) a port manager; or (c) a member of the police force; master in relation to a ship, means a person, other than a pilot, having command or charge of the ship; Navigation Act, 1912 means the Navigation Act 1912 of the Commonwealth (as amended and in force for the time being); pleasure vessel means— (a) a vessel used wholly for the purpose of recreational or sporting activities and not for hire or reward; or (b) any other vessel declared to be a vessel to which this Act applies by notice of the Minister published in the Gazette; port manager means a person holding or acting in a position, the holder of which is designated by the Minister as having responsibility for the management of a harbor; 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 that are subject to the ebb and flow of the tide; the 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 Annex IV, 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; the 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 Annex IV, 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 (c) any other amendment to the Protocol, other than an amendment not accepted by Australia, made under Article VI of the Protocol; Tonnage Measurement Convention has the same meaning as in Part XA of the Navigation Act, 1912; trading Ship means a ship that is used, or, being a ship in the course of construction, is intended to be used, for, or in connection with, any business or commercial activity and, without limiting the generality of the foregoing, includes a vessel that is used, or, being a vessel in the course of construction, is intended to be 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, but does not include a Commonwealth ship within the meaning of the Navigation Act, 1912, or a fishing vessel. (2) A reference in a section of this Act to a prescribed officer is 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 insofar 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) Where, at any time, the gross tonnage applicable to a ship has been determined otherwise than in accordance with the Tonnage Measurement 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. (5) For the purposes of this Act— (a) inter-state voyage and overseas voyage have the same respective meanings as in the Navigation Act, 1912; and (b) an intra-state voyage is a voyage other than an inter-state voyage or an overseas voyage; and (c) for the purposes of paragraphs (a) and (b), a ship shall be deemed to be proceeding on a voyage from the time when it is got under way for the purpose of proceeding on the voyage until the time when it is got under way for the purpose of proceeding on another voyage. (6) Where there is a discharge of oil or of an oily mixture or of a liquid substance or a mixture containing a liquid substance on to or into waters or any structure or thing and 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, the discharge 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. 4—Act to bind Crown (1) This Act binds the Crown in right of South 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 (1) The Minister may, by instrument, delegate to a person any power or function of the Minister under this Act, other than this power of delegation. (2) A port manager may, by instrument, delegate to a person any power or function of the port manager as an inspector under this Act, other than this power of delegation. (3) A delegation under this section— (a) may be made conditionally or subject to conditions; and (b) is revocable at will; and (c) does not derogate from the power of the Minister or port manager to act in any matter personally. (4) A delegation under this section may be made to a specified person or to persons of a specified class, or may be made to the holder or holders for the time being of a specified office or class of offices.