Protection of the Sea (Discharge of Oil from Ships) Act 1981

SCHEDULE 1

THE INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION OF THE SEA BY OIL, 1954

TABLE OF PROVISIONS—continued

SCHEDULE 2

THE 1962 AMENDMENTS TO THE INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION OF THE SEA BY OIL, 1954

SCHEDULE 3

THE 1969 AMENDMENTS TO THE INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION OF THE SEA BY OIL, 1954

SCHEDULE 4

THE 1971 AMENDMENTS TO THE INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION OF THE SEA BY OIL, 1954 CONCERNING THE PROTECTION OF THE GREAT BARRIER REEF

SCHEDULE 5

THE 1971 AMENDMENTS TO THE INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION OF THE SEA BY OIL, 1954 CONCERNING TANK ARRANGEMENTS AND LIMITATION OF TANK SIZE

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Protection of the Sea (Discharge of Oil from Ships) Act 1981

No. 32 of 1981

An Act relating to the protection of the sea from pollution by oil discharged from ships

[Assented to 14 April 1981]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title

1. This Act may be cited as the Protection of the Sea (Discharge of Oil from Ships) Act 1981.

Commencement

2. This Act shall come into operation on a date to be fixed by Proclamation.

Repeal

3. The following Acts are repealed:

Pollution of the Sea by Oil Act 1960

Pollution of the Sea by Oil Act 1965

Pollution of the Sea by Oil Act 1972.

Interpretation

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

“Australia” includes the external Territories;

“Australian ship” means—

(a) a ship registered in Australia; or

(b) an unregistered ship having Australian nationality;

“foreign ship” means a ship that is not an Australian ship;

“inspector” means a person who—

(a) is a surveyor for the purposes of the Navigation Act 1912; or

(b) is appointed by the Minister, by writing under his hand, to be an inspector for the purposes of this Act;

“master”, in relation to a ship, means the person having command or charge of the ship;

“the Convention” means the 1954 Convention as amended by—

(a) the 1962 Amendments and the 1969 Amendments;

(b) on and after the date fixed by Proclamation for the purposes of section 10, the 1971 (Great Barrier Reef) Amendments; and

(c) on and after the date fixed by Proclamation for the purposes of sub-section 2 (2) of the Navigation (Protection of the Sea) Amendment Act 1981, the 1971 (Tanker) Amendments;

“the 1954 Convention” means the International Convention for the Prevention of Pollution of the Sea by Oil, 1954 (a copy of the English text of which is set forth in Schedule 1);

“the 1962 Amendments” means the amendments to the 1954 Convention that were adopted on 11 April 1962 by a conference of Contracting Governments to the 1954 Convention (a copy of the English text of which is set forth in Schedule 2);

“the 1969 Amendments” means the amendments to the 1954 Convention that were adopted on 21 October 1969 by the Assembly of the Inter-Governmental Maritime Consultative Organization (a copy of the English text of which is set forth in Schedule 3);

“the 1971 (Great Barrier Reef) Amendments” means the amendments to the 1954 Convention concerning the protection of the Great Barrier Reef that were adopted on 12 October 1971 by the Assembly of the Inter-Governmental Maritime Consultative Organization (a copy of the English text of which is set forth in Schedule 4);

“the 1971 (Tanker) Amendments” means the amendments to the 1954 Convention concerning tank arrangements and limitation of tank size that were adopted on 15 October 1971 by the Assembly of the Inter-Governmental Maritime Consultative Organization (a copy of the English text of which is set forth in Schedule 5);

“this Act” includes the regulations and orders made in pursuance of the regulations.

(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 of 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 (whether or not a particular meaning is assigned to it by the Convention) has, in this Act, the same meaning as in the Convention.

Act to bind Crown

5. (1) This Act binds the Crown in right of the Commonwealth, of each of the States, of the Northern Territory and of Norfolk Island.

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

(3) Sub-section (2) does not affect any liability of the master of a ship of which the Commonwealth or a State or Territory is the owner to be prosecuted for an offence.

Saving of other laws

6. This Act shall be read and construed as being in addition to, and not in derogation of or in substitution for, any other law of the Commonwealth or any law of a State or Territory.

Operation of Act

7. This Act applies both within and outside Australia and extends to every external Territory.

Delegation

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

(2) 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.

(3) A delegation under this section does not prevent the exercise of a power by the Minister.

Prohibition of the discharge of oil or oily mixtures into sea

9. (1) Subject to sub-sections (2) and (3), if any discharge of oil or of an oily mixture occurs from an Australian ship into the sea, the master and the owner of the ship are each guilty of an offence punishable, upon conviction, by a fine not exceeding—

(a) in the case of the master—$50,000;

(b) in the case of the owner, if the owner is not a body corporate—$50,000; and

(c) in the case of the owner, if the owner is a body corporate—$100,000.

(2) Sub-section (1) does not apply to the discharge of oil or of an oily mixture from a ship—

(a) into the territorial sea of Australia;

(b) into the sea on the landward side of the territorial sea of Australia;

(c) for the purpose of securing the safety of a ship, preventing damage to a ship or cargo or saving life at sea; or

(d) if the oil or oily mixture, as the case may be, had escaped from the ship in consequence of damage to the ship or unavoidable leakage and all reasonable precautions were taken after the occurrence of the damage or the discovery of the leakage for the purpose of preventing or minimizing the escape of oil or oily mixture, as the case may be.

(3) Without limiting the generality of sub-section (2), sub-section (1) does not apply to—

(a) the discharge of oil from a ship other than a tanker or from the machinery space bilges of a tanker if all the following conditions are satisfied:

(i) the discharge occurs when the ship is proceeding en route;

(iii) the discharge is made as far as practicable from land;

(b) the discharge of an oily mixture from a ship other than a tanker or from the machinery space bilges of a tanker if all the following conditions are satisfied:

(i) the discharge occurs when the ship is proceeding en route;

(iii) the discharge is made as far as practicable from land;

(iv) the oil content of the discharge is less than 100 parts in 1,000,000 parts of the mixture;

(c) the discharge of oil or of an oily mixture from a tanker that occurs when the tanker is not on a ballast voyage (not being a discharge from the machinery space bilges of the tanker or a discharge to which paragraph (e) applies) if all the following conditions are satisfied:

(i) the discharge occurs when the tanker is proceeding en route;

(iii) the discharge is made when the tanker is more than 50 miles from the nearest land;

(d) the discharge of oil or of an oily mixture from a tanker that occurs when the tanker is on a ballast voyage (not being a discharge from

the machinery space bilges of the tanker or a discharge to which paragraph (e) applies) if all the following conditions are satisfied:

(i) the discharge occurs when the tanker is proceeding en route;

(iii) the discharge is made when the tanker is more than 50 miles from the nearest land;

(iv) the total quantity of oil discharged on the voyage does not exceed one fifteen-thousandth of the total cargo-carrying capacity of the tanker; or

(e) the discharge of oil or of an oily mixture from a tanker that occurs when ballast is discharged from a cargo tank of the tanker, being a cargo tank that had, after cargo had last been carried in the tank, been so cleaned that any effluent from the tank, if it had been discharged into clean calm water on a clear day while the tanker was stationary, would not have produced any visible traces of oil on the surface of the water.

(4) In proceedings for an offence against sub-section (1) in relation to a ship, it is sufficient for the prosecution to allege and prove that a discharge of oil or of an oily mixture occurred from the ship into the sea, but it is a defence if it is proved that, by virtue of sub-section (2) or (3), sub-section (1) does not apply in relation to the discharge.

Protection of the Great Barrier Reef

10. On and after such date as is fixed by Proclamation for the purposes of this section (being a date not earlier than the date on which the 1971 (Great Barrier Reef) Amendments come into force), section 9 has effect as if there were inserted in sub-paragraphs (3) (a) (iii) and (b) (iii) of that section “the nearest” before “land”.

Duty to report discharge of oil or oily mixtures from Australian ships

11. (1) If any discharge of oil or of an oily mixture occurs from an Australian ship into the sea, the master of the ship shall, as soon as is practicable, notify, in the prescribed manner, a prescribed officer of the occurrence and shall, if so requested by a prescribed officer, furnish, within the prescribed time, a report in accordance with the prescribed form to a prescribed officer.

(2) Sub-section (1) does not apply in relation to the discharge of oil or of an oily mixture from a ship into—

(a) the territorial sea of Australia; or

(b) the sea on the landward side of the territorial sea of Australia.

(3) The master of a ship shall not, in a notice given to a prescribed officer in pursuance of sub-section (1) or in a report furnished to a prescribed officer in pursuance of a request made under that sub-section, make a statement that is false or misleading in a material particular.

(4) A notice given to a prescribed officer in pursuance of sub-section (1), and a report furnished to a prescribed officer in pursuance of a request made under that sub-section, shall not, without the consent of the person charged, be admitted in evidence in a prosecution for an offence against sub-section 9 (1).

Oil record book

12. (1) An oil record book shall be carried in every Australian ship.

(2) An oil record book shall be in accordance with the prescribed form with provision made for the signature, in accordance with sub-section (5), of each entry made in it.

(3) Where an Australian ship does not carry an oil record book as required by this section, the master and the owner of the ship are each guilty of an offence punishable, upon conviction, by a fine not exceeding—

(a) in the case of the master—$5,000;

(b) in the case of the owner, if the owner is not a body corporate—$5,000; and

(c) in the case of the owner, if the owner is a body corporate—$10,000.

(4) Whenever a prescribed operation or occurrence is carried out or occurs in, or in relation to, an Australian ship, the master of the ship shall make, without delay, appropriate entries in, or cause appropriate entries to be made, without delay, in, the ship’s oil record book.

(5) An entry in a ship’s oil record book—

(a) shall be made in the English language; and

(b) shall be signed by the master of the ship and, in the case of an entry made in relation to a prescribed operation, by the officer or other person in charge of the operation.

False entries in oil record book

13. A person shall not make, in an oil record book of an Australian ship, an entry that is false or misleading in a material particular.

Penalty: $10,000.

Oil record book to be retained

14. (1) An oil record book of an Australian ship shall be retained in the ship until the expiration of a period of 12 months after the day on which the last entry was made in the book.

(2) Where an oil record book is not retained in a ship in accordance with sub-section (1), the master and the owner of the ship are each guilty of an offence punishable, upon conviction, by a fine not exceeding—

(a) in the case of the master—$5,000;

(b) in the case of the owner, if the owner is not a body corporate—$5,000; and

(c) in the case of the owner, if the owner is a body corporate—$10,000.

(3) The owner of an Australian ship shall cause each of the ship’s oil record books to be retained—

(a) in the ship; or

(b) at the registered office of the owner,

until the expiration of the period of 12 months next following the expiration of the period during which the book is required to be retained in the ship by virtue of sub-section (1).

(4) The owner of an Australian ship who resides in Australia, or has an office or agent in Australia, may from time to time furnish to a prescribed officer notice, in writing, of an address, being the address of—

(a) the place at which he so resides;

(b) his office in Australia or, if he has more than one office in Australia, his principal office in Australia; or

(c) the office or place of residence of his agent or, if his agent has more than one office in Australia, the principal office in Australia of his agent,

and the place or office of which an address is furnished for the time being under this sub-section is the registered office of the owner of the ship for the purposes of sub-section (3).

(5) Where the owner of an Australian ship does not reside in Australia and does not have an office or agent in Australia, the owner may deposit an oil record book of the ship with a prescribed officer and, while the book is so deposited, the book shall, for the purposes of sub-section (3), be deemed to be retained at the registered office of the owner.

Powers of inspectors

15. (1) For the purpose of ascertaining—

(a) whether a provision of this Act that is applicable in relation to an Australian ship has been complied with in respect of the ship;

(b) whether a provision of the Convention that is applicable in relation to a foreign ship has been complied with in respect of the ship; or

(c) whether a provision of a law of a country other than Australia giving effect to the Convention, being a provision that is applicable in relation to a foreign ship, has been complied with in respect of the ship,

an inspector may—

(d) go on board the ship with such assistants and equipment as he considers necessary;

(e) require the master of the ship to take such steps as the inspector directs to facilitate the boarding;

(f) inspect and test any machinery or equipment of the ship;

(g) require the master of the ship to take such steps as the inspector directs to facilitate the inspection or testing of any machinery or equipment of the ship;

(h) open, or require the master of the ship to cause to be opened, any hold, bunker, tank, compartment or receptacle in or on board the ship and inspect the contents of any hold, bunker, tank, compartment or receptacle in or on board the ship;

(j) require the master of the ship to produce the ship’s oil record book or any other books, documents or records relating to the ship or its cargo that are carried in the ship;

(k) make copies of, or take extracts from, any such books, documents or records;

(m) require the master of the ship to certify that a true copy of an entry in the ship’s oil record book made by the inspector is a true copy of such an entry;

(n) examine, and take samples of, any substances on board the ship; and

(o) require a person to answer questions.

(2) A person shall not—

(a) without reasonable excuse, refuse or fail to comply with a requirement made of him by an inspector in the exercise of his powers under sub-section (1); or

(b) in answer to a question that he is required to answer under sub-section (1), make a statement that is false or misleading in a material particular.

Penalty: $2,000.

(3) An inspector shall not, in exercising his powers under sub-section (1), unnecessarily delay a ship from going to sea.

Prosecution of offences against Act

16. (1) Subject to sub-section (2), an offence against this Act (other than an offence against sub-section 15 (2) or a provision of the regulations) is an indictable offence.

(2) Notwithstanding that an offence against this Act (other than an offence against sub-section 15 (2) or a provision of the regulations) is an indictable offence, a court of summary jurisdiction may hear and determine proceedings in respect of such an offence if the court is satisfied that it is proper to do so and the defendant and the prosecutor consent.

(3) Where, in accordance with sub-section (2), a court of summary jurisdiction convicts a person of an offence against this Act, the penalty that the court may impose is a fine not exceeding—

(a) in the case of a person, not being a body corporate—$2,000; or

(b) in the case of a person, being a body corporate—$5,000.

No time limit for prosecution

17. A prosecution for an offence against this Act may be brought at any time.

Evidence

18. In any proceedings for an offence against a provision of this Act—

(a) any record kept in pursuance of this Act is admissible as prima facie evidence of the facts stated in the record;

(b) a copy of an entry in such a record, being a copy certified by the person by whom the record is required to be kept to be a true copy of the entry, is admissible as prima facie evidence of the facts stated in the entry; and

(c) a document purporting to be a record kept in pursuance of this Act, or purporting to be such a certified copy as referred to in paragraph (b), shall, unless the contrary is proved, be deemed to be such a record or certified copy, as the case may be.

Evidence of analyst

19. (1) The Minister may, by writing under his hand, appoint appropriately qualified persons to be analysts for the purposes of this Act.

(2) Subject to sub-section (4), a certificate of an analyst appointed under sub-section (1) stating that he has analysed or examined a substance and stating the result of his analysis or examination is admissible in evidence in any proceeding for an offence against a provision of this Act as prima facie evidence of the facts stated in the certificate and of the correctness of the result of the analysis or examination.

(3) For the purposes of this section, a document purporting to be a certificate referred to in sub-section (2) shall, unless the contrary is proved, be deemed to be such a certificate.

(4) A certificate referred to in sub-section (2) shall not be received in evidence in pursuance of that sub-section unless the person charged has been given a copy of the certificate together with reasonable notice of the intention of the prosecution to produce the certificate as evidence in the proceedings.

(5) Where, in pursuance of sub-section (2), a certificate of an analyst appointed under sub-section (1) is admitted in evidence, the person charged may require the analyst to be called as a witness for the prosecution and the analyst may be cross-examined as if he had given evidence of the matters stated in the certificate.

Application of certain provisions to foreign ships

20. (1) Subject to sub-section (2), the regulations may make provision applying, with such modifications or exceptions as may be prescribed, any of the provisions of this Act relating to oil record books of Australian ships to foreign ships (other than foreign ships to which the 1954 Convention applies) and to prescribed operations or occurrences carried out or occurring in, or in relation to, such ships, at any time when they are in a port in Australia or are in the territorial sea of Australia or in the sea on the landward side of the territorial sea of Australia while on their way to or from a port in Australia.

(2) A regulation made under sub-section (1) shall not apply to a foreign ship if the ship is in a port in Australia or in the territorial sea of Australia or in the sea on the landward side of the territorial sea of Australia on its way to or from a port in Australia, as the case may be, for the purpose of securing the safety of the ship or of human life or preventing damage to the ship or its cargo.

Regulations

21. (1) The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed, for carrying out or giving effect to this Act and, in particular—

(a) for and in relation to giving effect to Article VII of the Convention;

(b) empowering the Minister to make orders for and in relation to—

(i) giving effect to Article VII of the Convention; and

(ii) the fixing of fees to be paid in respect of any matters under the orders;

(c) fixing fees to be paid in respect of any matters under this Act;

(d) prescribing penalties, not exceeding a fine of $500, for a contravention of, or failure to comply with, a provision of the regulations or of any of the orders made in pursuance of the regulations; and

(e) exempting, either absolutely or subject to conditions, a prescribed ship, or ships included in a prescribed class of ships, from all or any of the provisions of this Act or of the regulations.

(2) Regulations, and orders made in pursuance of the regulations, giving effect to Article VII of the Convention do not apply in relation to a ship as defined by sub-section (4) to the extent that a law of a State or the Northern Territory makes provision giving effect to that Article in relation to that ship.

(3) In proceedings for an offence against a provision of the regulations, a ship shall, unless the contrary is proved, be deemed not to be a ship as defined by sub-section (4).

(4) In sub-sections (2) and (3), a reference to a ship as defined by this subsection shall be construed as a reference to a ship that is—

(a) a trading ship proceeding on a voyage other than an overseas voyage or an inter-State voyage;

(b) an Australian fishing vessel proceeding on a voyage other than an overseas voyage; or

(c) a pleasure craft.

(5) For the purposes of sub-section (4)—

(a) “trading ship”, “inter-State voyage”, “Australian fishing vessel” and “pleasure craft” have the same respective meanings as they have in the Navigation Act 1912;

(b) “overseas voyage” has the same meaning as it has in the Navigation Act 1912 except that a voyage of an Australian fishing vessel, being a ship that is regularly engaged in making voyages from a port or ports in Queensland, commencing at a port in that State and ending at the same port or another port in that State shall not be taken to be an overseas voyage by reason only that, as an incidental part of its fishing operations on that voyage, the ship calls at a port or ports in Papua New Guinea; and

(c) a ship shall be deemed to be proceeding on a voyage from the time when it has got under way for the purpose of proceeding on the voyage until the time when it has got under way for the purpose of proceeding on another voyage.

Orders

22. (1) Sections 48, 49 and 50 of the Acts Interpretation Act 1901 apply in relation to orders made in pursuance of the regulations 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.

(2) An order made in pursuance of the regulations shall not be deemed to be a statutory rule within the meaning of the Statutory Rules Publication Act 1903, but sub-sections 5 (3) to (3c) (inclusive) of that Act apply in relation to such orders in like manner as they apply in relation to statutory rules.

(3) Unless the contrary intention appears, expressions used in orders made in pursuance of the regulations have the same meanings as in this Act.

(4) Orders made in pursuance of the regulations 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 sub-section, have been construed as being in excess of the power conferred by this Act and the regulations, they shall be deemed to be valid orders to the extent to which they are not in excess of that power.

(5) Where an order made in pursuance of the regulations 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.

(6) Section 49a of the Acts Interpretation Act 1901 applies in relation to the making of orders in pursuance of the regulations in like manner as it applies in relation to the making of regulations.

(7) Notwithstanding section 49a of the Acts Interpretation Act 1901, the regulations may make provision for or in relation to a matter by applying, adopting or incorporating any matter contained in orders made in pursuance of the regulations as existing from time to time.

SCHEDULE 1 Sub-section 4 (1)

THE INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION OF THE SEA BY OIL, 1954

The Governments represented at the International Conference on Pollution of the Sea by Oil held in London from 26th April, 1954, to 12th May, 1954,

Desiring to take action by common agreement to prevent pollution of the sea by oil discharged from ships, and considering that this end may best be achieved by the conclusion of a Convention,

Have accordingly appointed the undersigned plenipotentiaries, who, having communicated their full powers, found in good and due form, have agreed as follows:—

(1) For the purposes of the present Convention, the following expressions shall (unless the context otherwise requires) have the meanings hereby respectively assigned to them, that is to say:—

“The Bureau” has the meaning assigned to it by Article XXI;

“Discharge” in relation to oil or to an oily mixture means any discharge or escape howsoever caused;

“Heavy diesel oil” means marine diesel oil, other than those distillates of which more than 50 per cent, by volume distils at a temperature not exceeding 340°C. when tested by A.S.T.M. Standard Method D. 158/53;

“Mile” means a nautical mile of 6080 feet or 1852 metres;

“Oil” means crude oil, fuel oil, heavy diesel oil and lubricating oil, and “oily” shall be construed accordingly.

(2) For the purposes of the present Convention the territories of a Contracting Government mean the territory of the country of which it is the Government and any other territory for the international relations of which the Government is responsible and to which the Convention shall have been extended under Article XVIII.

ARTICLE II

The present Convention shall apply to sea-going ships registered in any of the territories of a Contracting Government, except

(i) ships for the time being used as naval auxiliaries;

(ii) ships of under 500 tons gross tonnage;

(iii) ships for the time being engaged in the whaling industry;

(iv) ships for the time being navigating the Great Lakes of North America and their connecting and tributary waters as far east as the lower exit of the Lachine Canal at Montreal in the Province of Quebec, Canada.

(1) Subject to the provisions of Articles IV and V, the discharge from any tanker, being a ship to which the Convention applies, within any of the prohibited zones referred to in Annex A to the Convention in relation to tankers of—

(a) oil;

(b) any oily mixture the oil in which fouls the surface of the sea,

shall be prohibited.

For the purposes of this paragraph the oil in an oily mixture of less than 100 parts of oil in 1,000,000 parts of the mixture shall not be deemed to foul the surface of the sea.

(2) Subject to the provisions of Articles IV and V, any discharge into the sea from a ship, being a ship to which the Convention applies and not being a tanker, of oily ballast water or tank washings shall be made as far as practicable from land. As from a date three years after the date on which the Convention comes into force, paragraph (1) of this Article shall apply to ships other than tankers as it applies to tankers, except that:—

(a) the prohibited zones in relation to ships other than tankers shall be those referred to as such in Annex A to the Convention; and

(b) the discharge of oil or of an oily mixture from such a ship shall not be prohibited when the ship is proceeding to a port not provided with such reception facilities as are referred to in Article VIII.

(3) Any contravention of paragraphs (1) and (2) of this Article shall be an offence punishable under the laws of the territory in which the ship is registered.

(1) Article III shall not apply to:—

(a) the discharge of oil or of an oily mixture from a ship for the purpose of securing the safety of the ship, preventing damage to the ship or cargo, or saving life at sea; or

(b) the escape of oil, or of an oily mixture, resulting from damage to the ship or unavoidable leakage, if all reasonable precautions have been taken after the occurrence of the damage or discovery of the leakage for the purpose of preventing or minimising the escape;

(c) the discharge of sediment:—

(i) which cannot be pumped from the cargo tanks of tankers by reason of its solidity; or

(ii) which is residue arising from the purification or clarification of oil fuel or lubricating oil,

provided that such discharge is made as far from land as is practicable.

(2) In the event of such discharge or escape as is referred to in this Article a statement shall be made in the oil record book required by Article IX of the circumstances of and reason for the discharge.

Article III shall not apply to the discharge from the bilges of a ship:—

(a) of any oily mixture during the period of twelve months following the date on which the Convention comes into force in respect of the territory in which the ship is registered;

(b) after the expiration of such period, of an oily mixture containing no oil other than lubricating oil.

ARTICLE VI

The penalties which may be imposed in pursuance of Article III under the law of any of the territories of a Contracting Government in respect of the unlawful discharge from a ship of oil or of an oily mixture into waters outside the territorial waters of that territory shall not be less than the penalties which may be imposed under the law of that territory in respect of the unlawful discharge of oil or of an oily mixture from a ship into such territorial waters.

As from a date twelve months after the present Convention comes into force in respect of any of the territories of a Contracting Government all ships registered in that territory shall be required to be so fitted as to prevent the escape of fuel oil or heavy diesel oil into bilges the contents of which are discharged into the sea without being passed through an oily-water separator.

ARTICLE VIII

As from a date three years after the present Convention comes into force in respect of any of the territories of a Contracting Government, that Government shall ensure the provision in each main port in that territory of facilities adequate for the reception, without causing undue delay to ships, of such residues from oily ballast water and tank washings as would remain for disposal by ships, other than tankers, using the port, if the water had been separated by the use of an oily-water separator, a settling tank or otherwise. Each Contracting Government shall from time to time determine which ports are the main ports in its territories for the purposes of this Article, and shall notify the Bureau in writing accordingly indicating whether adequate reception facilities have been installed.

(1) There shall be carried in every ship to which the Convention applies an oil record book (whether as part of the ship’s official log-book or otherwise) in the form specified in Annex B to the present Convention. The appropriate entries shall be made in that book, and each page of the book, including any statement under paragraph (2) of Article IV, shall be signed by the officer or officers in

charge of the operations concerned and by the master of the ship. The written entries in the oil record book shall be in an official language of the territory in which the ship is registered, or in English or French.

(2) The competent authorities of any of the territories of a Contracting Government may inspect on board any such ship while within a port in that territory the oil record book required to be carried in the ship in compliance with the provisions of the Convention, and may make a true copy of any entry in that book and may require the master of the ship to certify that the copy is a true copy of such entry. Any copy so made which purports to have been certified by the master of the ship as a true copy of an entry in the ship’s oil record book shall be made admissible in any judicial proceedings as evidence of the facts stated in the entry. Any action by the competent authorities under this paragraph shall be taken as expeditiously as possible and the ship shall not be delayed.

(1) Any Contracting Government may furnish to the Contracting Government in the territory of which a ship is registered particulars in writing of evidence that any provision of the Convention has been contravened in respect of that ship, wheresoever the alleged contravention may have taken place. If it is practicable to do so, the competent authorities of the former Government shall notify the master of the ship of the alleged contravention.

(2) Upon receiving such particulars the latter Government shall investigate the matter, and may request the former Government to furnish further or better particulars of the alleged contravention. If the Government in the territory of which the ship is registered is satisfied that sufficient evidence is available in the form required by law to enable proceedings against the owner or master of the ship to be taken in respect of the alleged contravention, it shall cause such proceedings to be taken as soon as possible, and shall inform the other Contracting Government and the Bureau of the result of such proceedings.

ARTICLE XI

Nothing in the present Convention shall be construed as derogating from the powers of any Contracting Government to take measures within its jurisdiction in respect of any matter to which the Convention relates or as extending the jurisdiction of any Contracting Government.

ARTICLE XII

Each Contracting Government shall send to the Bureau and to the appropriate organ of the United Nations:—

(a) the text of laws, decrees, orders and regulations in force in its territories which give effect to the present Convention;

(b) all official reports or summaries of official reports in so far as they show the results of the application of the provisions of the Convention, provided always that such reports or summaries are not, in the opinion of that Government, of a confidential nature.

ARTICLE XIII

Any dispute between Contracting Governments relating to the interpretation or application of the present Convention which cannot be settled by negotiation shall be referred at the request of either party to the International Court of Justice for decision unless the parties in dispute agree to submit it to arbitration.

ARTICLE XIV

(1) The present Convention shall remain open for signature for three months from this day’s date and shall thereafter remain open for acceptance.

(2) Governments may become parties to the Convention by—

(i) signature without reservation as to acceptance;

(ii) signature subject to acceptance followed by acceptance; or

(iii) acceptance.

(3) Acceptance shall be effected by the deposit of an instrument of acceptance with the Bureau, which shall inform all Governments that have already signed or accepted the Convention of each signature and deposit of an acceptance and of the date of such signature or deposit.

ARTICLE XV

(1) The present Convention shall come into force twelve months after the date on which not less than ten Governments have become parties to the Convention, including five Governments of countries each with not less than 500,000 gross tons of tanker tonnage.

(2)—(a) For each Government which signs the Convention without reservation as to acceptance or accepts the Convention before the date on which the Convention comes into force in accordance with paragraph (1) of this Article it shall come into force on that date. For each Government which accepts the Convention on or after that date, it shall come into force three months after the date of the deposit of that Government’s acceptance.

(b) The Bureau shall, as soon as possible, inform all Governments which have signed or accepted the Convention of the date on which it will come into force.

ARTICLE XVI

(1) Upon the request of any Contracting Government a proposed amendment of the present Convention shall be communicated by the Bureau to all Contracting Governments for consideration.

(2) Any amendment communicated to Contracting Governments for consideration under paragraph (1) of this Article shall be deemed to have been accepted by all Contracting Governments and shall come into force on the expiration of a period of six months after it has been so communicated, unless any one of the Contracting Governments shall have made a declaration not less than two months before the expiration of that period that it does not accept the amendment.

(3)—(a) A conference of Contracting Governments to consider amendments of the Convention proposed by any Contracting Government shall be convened by the Bureau upon the request of one-third of the Contracting Governments.

(b) Every amendment adopted by such a conference by a two-thirds majority vote of the Contracting Governments represented shall be communicated by the Bureau to all Contracting Governments for their acceptance.

(4) Any amendment communicated to Contracting Governments for their acceptance under paragraph (3) of this Article shall come into force for all Contracting Governments, except those which before it comes into force make a declaration that they do not accept the amendment, twelve months after the date on which the amendment is accepted by two-thirds of the Contracting Governments.

(5) Any declaration under this Article shall be made by a notification in writing to the Bureau which shall notify all Contracting Governments of the receipt of the declaration.

(6) The Bureau shall inform all signatory and Contracting Governments of any amendments which come into force under this Article, together with the date on which such amendments shall come into force.

ARTICLE XVII

(1) The present Convention may be denounced by any Contracting Government at any time after the expiration of a period of five years from the date on which the Convention comes into force for that Government.

(2) Denunciation shall be effected by a notification in writing addressed to the Bureau, which shall notify all the Contracting Governments of any denunciation received and of the date of its receipt.

(3) A denunciation shall take effect twelve months, or such longer period as may be specified in the notification, after its receipt by the Bureau.

ARTICLE XVIII

(1)—(a) Any Government may, at the time of signature or acceptance of the present Convention or at any time thereafter, declare by notification in writing given to the Bureau that the Convention shall extend to any of the territories for whose international relations it is responsible.

(b) The Convention shall, from the date of the receipt of the notification, or from such other date as may be specified in the notification, extend to the territories named therein.

(2)—(a) Any Contracting Government which has made a declaration under paragraph (1) of this Article may, at any time after the expiration of a period of five years from the date on which the Convention has been so extended to any territory, give notification in writing to the Bureau, declaring that the Convention shall cease to extend to any such territory named in the notification.

(b) The Convention shall cease to extend to any territory mentioned in such notification twelve months, or such longer period as may be specified therein, after the date of receipt of the notification by the Bureau.

(3) The Bureau shall inform all Contracting Governments of the extension of the Convention to any territories under paragraph (1) of this Article, and of the termination of any such extension under paragraph (2) of this Article, stating in each case the date from which the Convention has been, or will cease to be, so extended.

ARTICLE XIX

(1) In case of war or other hostilities, a Contracting Government which considers that it is affected, whether as a belligerent or as a neutral, may suspend the operation of the whole or any part of the present Convention in respect of all or any of its territories. The suspending Government shall immediately give notice of any such suspension to the Bureau.

(2) The suspending Government may at any time terminate such suspension and shall in any event terminate it as soon as it ceases to be justified under paragraph (1) of this Article. Notice of such termination shall be given immediately to the Bureau by the Government concerned.

(3) The Bureau shall notify all Contracting Governments of any suspension or termination of suspension under this Article.

ARTICLE XX

As soon as the present Convention comes into force it shall be registered by the Bureau with the Secretary-General of the United Nations.

ARTICLE XXI

The duties of the Bureau shall be carried out by the Government of the United Kingdom of Great Britain and Northern Ireland unless and until the Inter-Governmental Maritime Consultative Organisation comes into being and takes over the duties assigned to it under the Convention signed at Geneva on the 6th day of March, 1948, and thereafter the duties of the Bureau shall be carried out by the said Organisation.

In witness whereof the undersigned plenipotentiaries have signed the present Convention.

Done in London this twelfth day of May, 1954, in English and French, both texts being equally authoritative, in a single copy, which shall be deposited with the Bureau and of which the Bureau shall transmit certified copies to all signatory and Contracting Governments.

(Here follow the signatures of the plenipotentiaries of the Contracting Governments on behalf of which the Convention was signed.)

Prohibited Zones

(1) Subject to paragraph (3) of this Annex, the prohibited zones in relation to tankers shall be all sea areas within 50 miles from land, with the following exceptions:—

(a) The Adriatic Zones

Within the Adriatic Sea the prohibited zones off the coasts of Italy and Yugoslavia respectively shall each extend for a distance of 30 miles from land, excepting only the island of Vis. When the present Convention has been in force for a period of three years the said zones shall each be extended by a further 20 miles in width unless the two Governments agree to postpone such extension. In the event of such an agreement the said Governments shall notify the Bureau accordingly not less than three months before the expiration of such period of three years and the Bureau shall notify all Contracting Governments of such agreement.

(b) The North Sea Zone

The North Sea Zone shall extend for a distance of 100 miles from the coasts of the following countries:—

Belgium

Denmark

the Federal Republic of Germany

the Netherlands

the United Kingdom of Great Britain and Northern Ireland,

but not beyond the point where the limit of a 100-mile zone off the west coast of Jutland intersects the limit of the 50-mile zone off the coast of Norway.

(c) The Atlantic Zone

The Atlantic Zone shall be within a line drawn from a point on the Greenwich meridian 100 miles in a north-north-easterly direction from the Shetland Islands; thence northwards along the Greenwich meridian to latitude 64° north; thence westwards along the 64th parallel to longitude 10° west; thence to latitude 60° north, longitude 14° west; thence to latitude 54° 30’ north, longitude 30° west; thence to latitude 44° 20’ north, longitude 30° west; thence to latitude 48° north, longitude 14° west; thence eastwards along the 48th parallel to a point of intersection with the 50-mile zone off the coast of France. Provided that in relation to voyages which do not extend seawards beyond the Atlantic Zone as defined above, and which are to ports not provided with adequate facilities for the reception of oily residue, the Atlantic Zone shall be deemed to terminate at a distance of 100 miles from land.

(d) The Australian Zone

The Australian Zone shall extend for a distance of 150 miles from the coasts of Australia, except off the north and west coasts of the Australian mainland between the point opposite Thursday Island and the point on the west coast at 20° south latitude.

(2) Subject to paragraph (3) of this Annex the prohibited zones in relation to ships other than tankers shall be all sea areas within 50 miles from land with the following exceptions:—

(a) The Adriatic Zones

Within the Adriatic Sea the prohibited zones off the coasts of Italy and Yugoslavia respectively shall each extend for a distance of 20 miles from land, excepting only the island of Vis. After the expiration of a period of three years following the application of prohibited zones to ships other than tankers in accordance with paragraph (2) of Article III the said zones shall each be extended by a further 30 miles in width unless the two Governments agree to postpone such extension. In the event of such an agreement the said Governments shall notify the Bureau accordingly not less than three months before the expiration of such period of three years, and the Bureau shall notify all Contracting Governments of such agreement.

(b) The North Sea and Atlantic Zones

The North Sea and Atlantic Zones shall extend for a distance of 100 miles from the coasts of the following countries:—

Belgium

Denmark

the Federal Republic of Germany

Ireland

the Netherlands

the United Kingdom of Great Britain and Northern Ireland,

but not beyond the point where the limit of a 100-mile zone off the west coast of Jutland intersects the limit of the 50-mile zone off the coast of Norway.

(3)—(a) Any Contracting Government may propose:—

(i) the reduction of any zone off the coast of any of its territories;

(ii) the extension of any such zone to a maximum of 100 miles from any such coast,

by making a declaration to that effect and the reduction or extension shall come into force after the expiration of a period of six months after the declaration has been made, unless any one of the Contracting Governments shall have made a declaration not less than two months before the expiration of that period that its interests are affected either by reason of the proximity of its coasts or by reason of its ships trading in the area, and that it does not accept the reduction or extension, as the case may be.

(b) Any declaration under this paragraph shall be made by a notification in writing to the Bureau which shall notify all Contracting Governments of the receipt of the declaration.

ANNEX B

FORM OF OIL RECORD BOOK

I.—For Tankers

…………………………in charge of the operations concerned

II—For Ships Other Than Tankers

………………………….in charge of the operations concerned

III.—For All Ships

…………………………in charge of the operations concerned

SCHEDULE 2 Sub-section 4 (1)

THE 1962 AMENDMENTS TO THE INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION OF THE SEA BY OIL, 1954

1. The existing text of Article I of the Convention is replaced by the following:

(1) For the purposes of the present Convention, the following expressions shall (unless the context otherwise requires) have the meanings hereby respectively assigned to them, that is to say:

‘The Bureau’ has the meaning assigned to it by Article XXI;

‘Discharge’ in relation to oil or to oily mixture means any discharge or escape howsoever caused;

‘Heavy diesel oil’ means marine diesel oil, other than those distillates of which more than 50 per cent by volume distils at a temperature not exceeding 340°C. when tested by A.S.T.M. Standard Method D.86/59;

‘Mile’ means a nautical mile of 6,080 feet or 1,852 metres;

‘Oil’ means crude oil, fuel oil, heavy diesel oil and lubricating oil, and ‘oily’ shall be construed accordingly;

‘Oily mixture’ means a mixture with an oil content of 100 parts or more in 1,000,000 parts of the mixture;

‘Organisation’ means the Inter-Governmental Maritime Consultative Organization;

‘Ship’ means any sea-going vessel of any type whatsoever, including floating craft, whether self-propelled or towed by another vessel, making a sea voyage; and ‘tanker’ means a ship in which the greater part of the cargo space is constructed or adapted for the carriage of liquid cargoes in bulk and which is not, for the time being, carrying a cargo other than oil in that part of its cargo space.

(2) For the purposes of the present Convention, the territories of a Contracting Government mean the territory of the country of which it is the Government and any other territory for the international relations of which it is responsible and to which the Convention shall have been extended under Article XVIII.

2. The existing text of Article II of the Convention is replaced by the following:

ARTICLE II

(1) The present Convention shall apply to ships registered in any of the territories of a Contracting Government and to unregistered ships having the nationality of a Contracting Party, except:

(a) tankers of under 150 tons gross tonnage and other ships of under 500 tons gross tonnage, provided that each Contracting Government will take the necessary steps, so far as is reasonable and practicable, to apply the requirements of the Convention to such ships also, having regard to their size, service and the type of fuel used for their propulsion;

(b) ships for the time being engaged in the whaling industry when actually employed on whaling operations;

(c) ships for the time being navigating the Great Lakes of North America and their connecting and tributary waters as far east as the lower exit of St. Lambert Lock at Montreal in the Province of Quebec, Canada;

(d) naval ships and ships for the time being used as naval auxiliaries.

(2) Each Contracting Government undertakes to adopt appropriate measures ensuring that requirements equivalent to those of the present Convention are, so far as is reasonable and practicable, applied to the ships referred to in sub-paragraph (d) of paragraph (1) of this Article.

3. The existing text of Article III of the Convention is replaced by the following:

Subject to the provisions of Articles IV and V:

(a) the discharge from a tanker to which the present Convention applies, within any of the prohibited zones referred to in Annex A to the Convention, of oil or oily mixture shall be prohibited;

(b) the discharge from a ship to which the present Convention applies, other than a tanker, of oil or oily mixture shall be made as far as practicable from land. As from a date three years after that on which the Convention comes into force for the relevant territory in respect of the ship in accordance with paragraph (1) of Article II, sub-paragraph (a) of this Article shall apply to a ship other than a tanker, except that the discharge of oil or of oily mixture from such a ship shall not be prohibited when the ship is proceeding to a port not provided with such facilities for ships other than tankers as are referred to in Article VIII;

(c) the discharge from a ship of 20,000 tons gross tonnage or more, to which the present Convention applies and for which the building contract is placed on or after the date on which this provision comes into force, of oil or oily mixture shall be prohibited. However, if, in the opinion of the master, special circumstances make it neither reasonable nor practicable to retain the oil or oily mixture on board, it may be discharged outside the prohibited zones referred to in Annex A to the Convention. The reasons for such discharge shall be reported to the Contracting Government of the relevant territory in respect of the ship in accordance with paragraph (1) of Article II. Full details of such discharges shall be reported to the Organization at least every twelve months by Contracting Governments.

4. The existing text of Article IV of the Convention is replaced by the following:

Article III shall not apply to:

(a) the discharge of oil or of oily mixture from a ship for the purpose of securing the safety of a ship, preventing damage to a ship or cargo, or saving life at sea;

(b) the escape of oil or of oily mixture resulting from damage to a ship or unavoidable leakage, if all reasonable precautions have been taken after the occurence of the damage or discovery of the leakage for the purpose of preventing or minimizing the escape;

(c) the discharge of residue arising from the purification or clarification of fuel oil or lubricating oil, provided that such discharge is made as far from land as is practicable.

5. The existing text of Article V of the Convention is replaced by the following:

Article III shall not apply to the discharge from the bilges of a ship:

(a) during the period of twelve months following the date on which the present Convention comes into force for the relevant territory in respect of the ship in accordance with paragraph (1) of Article II, of oily mixture;

(b) after the expiration of such period, of oily mixture containing no oil other than lubricating oil which has drained or leaked from machinery spaces.

6. The existing text of Article VI of the Convention is replaced by the following:

ARTICLE VI

(1) Any contravention of Articles III and IX shall be an offence punishable under the law of the relevant territory in respect of the ship in accordance with paragraph (1) of Article II.

(2) The penalties which may be imposed under the law of any of the territories of a Contracting Government in respect of the unlawful discharge from a ship of oil or oily mixture outside the territorial sea of that territory shall be adequate in severity to discourage any such unlawful discharge and shall not be less than the penalties which may be imposed under the law of that territory in respect of the same infringements within the territorial sea.

(3) Each Contracting Government shall report to the Organization the penalties actually imposed for each infringement.

7. The existing text of Article VII of the Convention is replaced by the following:

(1) As from a date twelve months after the present Convention comes into force for the relevant territory in respect of a ship in accordance with paragraph (1) of Article II, such a ship shall be required to be so fitted as to prevent, so far as reasonable and practicable, the escape of fuel oil or heavy diesel oil into bilges, unless effective means are provided to ensure that the oil in the bilges is not discharged in contravention of this Convention.

(2) Carrying water ballast in oil fuel tanks shall be avoided if possible.

8. The existing text of Article VIII of the Convention is replaced by the following:

ARTICLE VIII

(1) Each Contracting Government shall take all appropriate steps to promote the provision of facilities as follows:

(a) according to the needs of ships using them, ports shall be provided with facilities adequate for the reception, without causing undue delay to ships, of such residues and oily mixtures as would remain for disposal from ships other than tankers if the bulk of the water had been separated from the mixture;

(b) oil loading terminals shall be provided with facilities adequate for the reception of such residues and oily mixtures as would similarly remain for disposal by tankers;

(c) ship repair ports shall be provided with facilities adequate for the reception of such residues and oily mixtures as would similarly remain for disposal by all ships entering for repairs.

(2) Each Contracting Government shall determine which are the ports and oil loading terminals in its territories suitable for the purposes of sub-paragraphs (a), (b) and (c) of paragraph (1) of this Article.

(3) As regards paragraph (1) of this Article, each Contracting Government shall report to the Organization, for transmission to the Contracting Government concerned, all cases where the facilities are alleged to be inadequate.

9. The existing text of Article IX of the Convention is replaced by the following:

(1) Of the ships to which the present Convention applies, every ship which uses oil fuel and every tanker shall be provided with an oil record book, whether as part of the ship’s official log book or otherwise, in the form specified in Annex B to the Convention.

(2) The oil record book shall be completed on each occasion, whenever any of the following operations takes place in the ship:

(a) ballasting of and discharge of ballast from cargo tanks of tankers;

(b) cleaning of cargo tanks of tankers;

(c) settling in slop tanks and discharge of water from tankers;

(d) disposal from tankers of oily residues from slop tanks or other sources;

(e) ballasting, or cleaning during voyage, of bunker fuel tanks of ships other than tankers;

(f) disposal from ships other than tankers of oily residues from bunker fuel tanks or other sources;

(g) accidental or other exceptional discharges or escapes of oil from tankers or ships other than tankers.

In the event of such discharge or escape of oil or oily mixture as is referred to in sub-paragraph (c) of Article III or in Article IV, a statement shall be made in the oil record book of the circumstances of, and reason for, the discharge or escape.

(3) Each operation described in paragraph (2) of this Article shall be fully recorded without delay in the oil record book so that all the entries in the book appropriate to that operation are completed. Each page of the book shall be signed by the officer or officers in charge of the operations concerned and, when the ship is manned, by the master of the ship. The written entries in the oil record book shall be in an official language of the relevant territory in respect of the ship in accordance with paragraph (1) of Article II, or in English or French.

(4) Oil record books shall be kept in such a place as to be readily available for inspection at all reasonable times, and, except in the case of unmanned ships under tow, shall be kept on board the ship. They shall be preserved for a period of two years after the last entry has been made.

(5) The competent authorities of any of the territories of a Contracting Government may inspect on board any ship to which the present Convention applies, while within a port in that territory, the oil record book required to be carried in the ship in compliance with the provisions of this Article, and may make a true copy of any entry in that book and may require the master of the ship to certify that the copy is a true copy of such entry. Any copy so made which purports to have been certified by the master of the ship as a true copy of an entry in the ship’s oil record book shall be

made admissible in any judicial proceedings as evidence of the facts stated in the entry. Any action by the competent authorities under this paragraph shall be taken as expeditiously as possible and the ship shall not be delayed.

10. The existing text of Article X of the Convention is replaced by the following:

(1) Any Contracting Government may furnish to the Government of the relevant territory in respect of the ship in accordance with paragraph (1) of Article II particulars in writing of evidence that any provision of the present Convention has been contravened in respect of that ship, wheresoever the alleged contravention may have taken place. If it is practicable to do so, the competent authorities of the former Government shall notify the master of the ship of the alleged contravention.

(2) Upon receiving such particulars, the Government so informed shall investigate the matter, and may request the other Government to furnish further or better particulars of the alleged contravention. If the Government so informed is satisfied that sufficient evidence is available in the form required by its law to enable proceedings against the owner or master of the ship to be taken in repect of the alleged contravention, it shall cause such proceedings to be taken as soon as possible, and shall inform the other Government and the Organization of the result of such proceedings.

11. The existing text of Article XIV of the Convention is replaced by the following:

ARTICLE XIV

(1) The present Convention shall remain open for signature for three months from this day’s date and shall thereafter remain open for acceptance.

(2) Subject to Article XV, the Governments of States Members of the United Nations or of any of the Specialized Agencies or parties to the Statute of the International Court of Justice may become parties to the present Convention by:

(a) signature without reservation as to acceptance;

(b) signature subject to acceptance followed by acceptance; or

(c) acceptance.

(3) Acceptance shall be effected by the deposit of an instrument of acceptance with the Bureau, which shall inform all Governments that have already signed or accepted the present Convention of each signature and deposit of an acceptance and of the date of such signature or deposit.

12. The existing text of Article XVI of the Convention is replaced by the following:

ARTICLE XVI

(1) (a) The present Convention may be amended by unanimous agreement between the Contracting Governments.

(b) Upon request of any Contracting Government a proposed amendment shall be communicated by the Organization to all Contracting Governments for consideration and acceptance under this paragraph.

(2) (a) An amendment to the present Convention may be proposed to the Organization at any time by any Contracting Government, and such proposal if adopted by a two-thirds majority of the Assembly of the Organization upon recommendation adopted by a two-thirds majority of the Maritime Safety Committee of the Organization shall be communicated by the Organization to all Contracting Governments for their acceptance.

(b) Any such recommendation by the Maritime Safety Committee shall be communicated by the Organization to all Contracting Governments for their consideration at least six months before it is considered by the Assembly.

(3) (a) A conference of Governments to consider amendments to the present Convention proposed by any Contracting Government shall at any time be convened by the Organization upon the request of one-third of the Contracting Governments.

(b) Every amendment adopted by such conference by a two-thirds majority of the Contracting Governments shall be communicated by the Organization to all Contracting Governments for their acceptance.

(4) Any amendment communicated to Contracting Governments for their acceptance under paragraph (2) or (3) of this Article shall come into force for all Contracting Governments, except those which before it comes into force make a declaration that they do not accept the amendment, twelve months after the date on which the amendment is accepted by two-thirds of the Contracting Governments.

(5) The Assembly, by a two-thirds majority vote, including two-thirds of the Governments represented on the Maritime Safety Committee, and subject to the concurrence of two-thirds of the Contracting Governments to the present Convention, or a conference convened under paragraph (3) of this Article by a two-thirds majority vote, may determine at the time of its adoption that the amendment is of such an important nature that any Contracting Government which makes a declaration under paragraph (4) of this Article and which does not accept the amendment within a period of twelve months after the amendment comes into force, shall, upon the expiry of this period, cease to be a party to the present Convention.

(6) The Organization shall inform all Contracting Governments of any amendments which come into force under this Article, together with the date on which such amendments shall come into force.

(7) Any acceptance or declaration under this Article shall be made by a notification in writing to the Organization which shall notify all Contracting Governments of the receipt of the acceptance or declaration.

13. The existing text of Article XVIII of the Convention is replaced by the following:

ARTICLE XVIII

(1) (a) The United Nations in cases where they are the administering authority for a territory or any Contracting Government responsible for the international relations of a territory shall as soon as possible consult with such territory in an endeavour to extend the present Convention to that territory and may at any time by notification in writing given to the Bureau declare that the Convention shall extend to such territory.

(b) The present Convention shall from the date of the receipt of the notification or from such other date as may be specified in the notification extend to the territory named therein.

(2) (a) The United Nations in cases where they are the administering authority for a territory or any Contracting Government which has made a declaration under paragraph (1) of this Article, at any time after the expiry of a period of five years from the date on which the present Convention has been so extended to any territory, may by a notification in writing given to the Bureau after consultation with such territory declare that the Convention shall cease to extend to any such territory named in the notification.

(b) The present Convention shall cease to extend to any territory mentioned in such notification one year, or such longer period as may be specified therein, after the date of receipt of the notification by the Bureau.

(3) The Bureau shall inform all the Contracting Governments of the extension of the present Convention to any territory under paragraph (1) of this Article, and of the termination of any such extension under the provisions of paragraph (2) stating in each case the date from which the Convention has been or will cease to be so extended.

14. The existing text of Annex A to the Convention is replaced by the following:

PROHIBITED ZONES

(1) All sea areas within 50 miles from the nearest land shall be prohibited zones.

For the purposes of this Annex, the term ‘from the nearest land’ means ‘from the base-line from which the territorial sea of the territory in question is established in accordance with the Geneva Convention on the Territorial Sea and the Contiguous Zone, 1958’.

(2) The following sea areas, insofar as they extend more than 50 miles from the nearest land, shall also be prohibited zones:

(a) Pacific Ocean

The Canadian Western Zone

The Canadian Western Zone shall extend for a distance of 100 miles from the nearest land along the west coast of Canada.

(b) North Atlantic Ocean, North Sea and Baltic Sea

(i) The North-West Atlantic Zone

The North-West Atlantic Zone shall comprise the sea areas within a line drawn from latitude 38° 47’ north, longitude 73° 43’ west to latitude 39° 58’ north, longitude 68° 34’ west thence to latitude 42° 05’ north, longitude 64° 37’ west thence along the east coast of Canada at a distance of 100 miles from the nearest land.

(ii) The Icelandic Zone

The Icelandic Zone shall extend for a distance of 100 miles from the nearest land along the coast of Iceland.

(iii) The Norwegian, North Sea and Baltic Sea Zone

The Norwegian, North Sea and Baltic Sea Zone shall extend for a distance of 100 miles from the nearest land along the coast of Norway and shall include the whole of the North Sea and of the Baltic Sea and its Gulfs.

(iv) The North-East Atlantic Zone

The North-East Atlantic Zone shall include the sea areas within a line drawn between the following positions:

(v) The Spanish Zone

The Spanish Zone shall comprise the areas of the Atlantic Ocean within a distance of 100 miles from the nearest land along the coast of Spain and shall come into operation on the date on which the present Convention shall have come into force in respect of Spain.

(vi) The Portuguese Zone

The Portuguese Zone shall comprise the area of the Atlantic Ocean within a distance of 100 miles from the nearest land along the coast of Portugal and shall come into operation on the date on which the present Convention shall have come into force in respect of Portugal.

(c) Mediterranean and Adriatic Seas

The Mediterranean and Adriatic Zone

The Mediterranean and Adriatic Zone shall comprise the sea areas within a distance of 100 miles from the nearest land along the coasts of each of the territories bordering the Mediterranean and Adriatic Seas and shall come into operation in respect of each territory on the date on which the present Convention shall have come into force in respect of that territory.

(d) Black Sea and Sea of Azov

The Black Sea and Sea of Azov Zone

The Black Sea and Sea of Azov Zone shall comprise the sea areas within a distance of 100 miles from the nearest land along the coasts of each of the territories bordering the Black Sea and Sea of Azov and shall come into operation in respect of each territory on the date on which the present Convention shall have come into force in respect of that territory.

Provided that the whole of the Black Sea and Sea of Azov shall become a prohibited zone on the date on which the present Convention shall have come into force in respect of Roumania and the Union of Soviet Socialist Republics.

(e) Red Sea

The Red Sea Zone

The Red Sea Zone shall comprise the sea areas within a distance of 100 miles from the nearest land along the coasts of each of the territories bordering the Red Sea and shall come into operation in respect of each territory on the date on which the present Convention shall have come into force in respect of that territory.

(f) Persian Gulf

(i) The Kuwait Zone

The Kuwait Zone shall comprise the sea area within a distance of 100 miles from the nearest land along the coast of Kuwait.

(ii) The Saudi Arabian Zone

The Saudi Arabian Zone shall comprise the sea area within a distance of 100 miles from the nearest land along the coast of Saudi Arabia and shall come into operation on the date on which the present Convention shall have come into force in respect of Saudi Arabia.

(g) Arabian Sea, Bay of Bengal and Indian Ocean

(i) The Arabian Sea Zone

The Arabian Sea Zone shall comprise the sea areas within a line drawn between the following positions:

and shall come into operation on the date on which the present Convention shall have come into force in respect of India.

(ii) The Bay of Bengal Coastal Zone

The Bay of Bengal Coastal Zone shall comprise the sea areas between the nearest land and a line drawn between the following positions:

and shall come into operation on the date on which the present Convention shall have come into force in respect of India.

(iii) The Malagasy Zone

The Malagasy Zone shall comprise the sea area within a distance of 100 miles from the nearest land along the coast of Madagascar west of the meridians of Cape d’Ambre in the north and of Cape Ste. Marie in the south and within a distance of 150 miles from the nearest land along the coast of Madagascar east of these meridians, and shall come into operation when the present Convention shall have come into force in respect of Madagascar.

(h) Australia

The Australian Zone

The Australian Zone shall comprise the sea area within a distance of 150 miles from the nearest land along the coasts of Australia, except off the north and west coasts of the Australian mainland between the point opposite Thursday Island and the point on the west coast at 20° south latitude.

(3) (a) Any Contracting Government may propose:

(i) the reduction of any zone off the coast of any of its territories;

(ii) the extension of any such zone to a maximum of 100 miles from the nearest land along any such coast,

by making a declaration to that effect and the reduction or extension shall come into force after the expiration of a period of six months after the declaration has been made, unless any one of the Contracting Governments shall have made a declaration not less than two months before the expiration of that period to the effect that it considers that the destruction of birds and adverse effects on fish and the marine organisms on which they feed would be likely to occur or that its interests are affected either by reason of the proximity of its coasts or by reason of its ships trading in the area, and that it does not accept the reduction or extension, as the case may be.

(b) Any declaration under this paragraph shall be made by a notification in writing to the Organization which shall notify all Contracting Governments of the receipt of the declaration.

(4) The Organization shall prepare a set of charts indicating the extent of the prohibited zones in force in accordance with paragraph (2) of this Annex and shall issue amendments thereto as may be necessary.

15. The following changes to be made in Annex B to the Convention:

1. Throughout the Annex replace the words ‘Identity numbers of tank(s)’ by ‘Identity numbers of tank(s) concerned’.

2. In Form I (a) replace the words ‘Place or position of ship’ by ‘Place or position of ship at time of discharge’.

3. In Form I (d) and Form II (a) and (b) replace the words ‘Place or position of ship’ by ‘Place or position of ship at time of disposal’.

4. In Form I (c) add a new line 17 as follows: ‘17. Approximate quantities of water discharged’ and re-number lines in (d) 18 to 20.

5. Delete the words ‘from ship’ in the headings of Forms I (d) and II (b).

6. In Form III replace the words ‘Place or position of ship’ by ‘Place or position of ship at time of occurrence’.

SCHEDULE 3 Sub-section 4 (1)

THE 1969 AMENDMENTS TO THE INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION OF THE SEA BY OIL, 1954

The existing text of paragraph (1) is replaced by the following:

(1) For the purposes of the present Convention, the following expressions shall (unless the context otherwise requires) have the meanings hereby respectively assigned to them that is to say:

‘The Bureau’ has the meaning assigned to it by Article XXI;

‘Discharge’ in relation to oil or to oily mixture means any discharge or escape howsoever caused;

‘Heavy diesel oil’ means diesel oil, other than those distillates of which more than 50 per cent by volume distils at a temperature not exceeding 340°C. when tested by A.S.T.M. Standard Method D. 86/59;

‘Instantaneous rate of discharge of oil content’ means the rate of discharge of oil in litres per hour at any instant divided by the speed of the ship in knots at the same instant;

‘Mile’ means a nautical mile of 6,080 feet or 1,852 metres;

‘Nearest land’. The term ‘from the nearest land’ means ‘from the base-line from which the territorial sea of the territory in question is established in accordance with the Geneva Convention on the Territorial Sea and the Contiguous Zone, 1958’;

‘Oil’ means crude oil, fuel oil, heavy diesel oil and lubricating oil, and ‘oily’ shall be construed accordingly;

‘Oily mixture’ means a mixture with any oil content;

‘Organization’ means the Inter-Governmental Maritime Consultative Organization;

‘Ship’ means any sea-going vessel of any type whatsoever, including floating craft, whether self-propelled or towed by another vessel, making a sea voyage; and ‘tanker’ means a ship in which the greater part of the cargo space is constructed or adapted for the carriage of liquid cargoes in bulk and which is not, for the time being, carrying a cargo other than oil in that part of its cargo space.

The existing text of Article III is replaced by the following:

Subject to the provisions of Articles IV and V:

(a) the discharge from a ship to which the present Convention applies, other than a tanker, of oil or oily mixture shall be prohibited except when the following conditions are all satisfied:

(i) the ship is proceeding en route;

(iii) the oil content of the discharge is less than 100 parts per 1,000,000 parts of the mixture;

(iv) the discharge is made as far as practicable from land;

(b) the discharge from a tanker to which the present Convention applies of oil or oily mixture shall be prohibited except when the following conditions are all satisfied:

(i) the tanker is proceeding en route;

(iii) the total quantity of oil discharged on a ballast voyage does not exceed 1/15,000 of the total cargo-carrying capacity;

(iv) the tanker is more than 50 miles from the nearest land;

(c) the provisions of sub-paragraph (b) of this Article shall not apply to:

(i) the discharge of ballast from a cargo tank which, since the cargo was last carried therein, has been so cleaned that any effluent therefrom, if it were discharged from a stationary tanker into clean calm water on a clear day, would produce no visible traces of oil on the surface of the water; or

(ii) the discharge of oil or oily mixture from machinery space bilges, which shall be governed by the provisions of sub-paragraph (a) of this Article.

Paragraph (c) is deleted.

The existing text of Article V is replaced by the following:

Article III shall not apply to the discharge of oily mixture from the bilges of a ship during the period of twelve months following the date on which the present Convention comes into force for the relevant territory in accordance with paragraph (1) of Article II.

The existing text of Article VII is replaced by the following:

(1) As from a date twelve months after the present Convention comes into force for the relevant territory in respect of a ship in accordance with paragraph (1) of Article II, such a ship shall be required to be so fitted as to prevent, as far as reasonable and practicable, the escape of oil into bilges, unless effective means are provided to ensure that the oil in the bilges is not discharged in contravention of this Convention.

(2) Carrying water ballast in oil fuel tanks shall be avoided if possible.

The existing texts of paragraphs (1) and (2) are replaced by the following:

(1) Of the ships to which the present Convention applies, every ship which uses oil fuel and every tanker shall be provided with an oil record book, whether as part of the ship’s official log book or otherwise, in the form specified in the Annex to this Convention.

(2) The oil record book shall be completed on each occasion, on a tank-to-tank basis, whenever any of the following operations take place in the ship:

(a) for tankers:

(i) loading of oil cargo;

(ii) transfer of oil cargo during voyage;

(iii) discharge of oil cargo;

(iv) ballasting of cargo tanks;

(v) cleaning of cargo tanks;

(vi) discharge of dirty ballast;

(vii) discharge of water from slop-tanks;

(viii) disposal of residues;

(ix) discharge overboard of bilge water containing oil which has accumulated in machinery spaces whilst in port, and the routine discharge at sea of bilge water containing oil unless the latter has been entered in the appropriate log book;

(b) for ships other than tankers:

(i) ballasting or cleaning of bunker fuel tanks;

(ii) discharge of dirty ballast or cleaning water from tanks referred to under (i) of this sub-paragraph;

(iii) disposal of residues;

(iv) discharge overboard of bilge water containing oil which has accumulated in machinery spaces whilst in port, and the routine discharge at sea of bilge water containing oil unless the latter has been entered in the appropriate log book.

In the event of such discharge or escape of oil or oily mixture as is referred to in Article IV, a statement shall be made in the oil record book of the circumstances of, and the reason for, the discharge or escape.

The existing text of paragraph (2) is replaced by the following:

(2) Upon receiving such particulars, the Government so informed shall investigate the matter, and may request the other Government to furnish further or better particulars of the alleged contravention. If the Government so informed is satisfied that sufficient evidence is available in the form required by its law to enable proceedings against the owner or master of the ship to be taken in respect of the alleged contravention, it shall cause such proceedings to be taken as soon as possible. That Government shall promptly inform the Government whose official has reported the alleged contravention, as well as the Organization, of the action taken as a consequence of the information communicated.

Annex A is deleted.

ANNEX B

Annex B is deleted and replaced by the following:

ANNEX

FORM OF OIL RECORD BOOK

I—FOR TANKERS

Name of ship………………………………………………………………………..

Total cargo carrying capacity of ship in cubic metres………………………………

(a) Loading of oil cargo

(b) Transfer of oil cargo during voyage

<table cellspacing="0" cellpadding="0" style="width:95.24%; margin-left:17.62pt; margin-bottom:0pt; border:0.75pt solid #000000; border-collapse:collapse"><tbody><tr style="height:21.6pt"><td colspan="3" style="border-right:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:1.62pt; padding-left:1.62pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:justify; line-height:normal; font-size:10pt"><span style="font-family:'Times New Roman', serif">4. Date of transfer</span></p></td><td style="width:15.94%; border-right:0.75pt solid #000000; border-left:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:1.62pt; padding-left:1.62pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:justify; line-height:normal; font-size:10pt"><span style="font-family:'Times New Roman', serif"></span></p></td><td style="width:19.36%; border-right:0.75pt solid #000000; border-left:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:1.62pt; padding-left:1.62pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:justify; line-height:normal; font-size:10pt"><span style="font-family:'Times New Roman', serif"></span></p></td><td style="width:18.52%; border-left:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:1.62pt; padding-left:1.62pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:justify; line-height:normal; font-size:10pt"><span style="font-family:'Times New Roman', serif"></span></p></td></tr><tr style="height:24pt"><td rowspan="2" style="width:32.66%; border-top:0.75pt solid #000000; border-right:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:1.62pt; padding-left:1.62pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:justify; line-height:normal; font-size:10pt"><span style="font-family:'Times New Roman', serif">5. Identity of tank(s)</span></p></td><td style="width:5.64%; border:0.75pt solid #000000; padding-right:1.62pt; padding-left:1.62pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:justify; line-height:normal; font-size:10pt"><span style="font-family:'Times New Roman', serif">i</span></p></td><td style="width:7.88%; border:0.75pt solid #000000; padding-right:1.62pt; padding-left:1.62pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:justify; line-height:normal; font-size:10pt"><span style="font-family:'Times New Roman', serif">From</span></p></td><td style="width:15.94%; border:0.75pt solid #000000; padding-right:1.62pt; padding-left:1.62pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:justify; line-height:normal; font-size:10pt"><span style="font-family:'Times New Roman', serif"></span></p></td><td style="width:19.36%; border:0.75pt solid #000000; padding-right:1.62pt; padding-left:1.62pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:justify; line-height:normal; font-size:10pt"><span style="font-family:'Times New Roman', serif"></span></p></td><td style="width:18.52%; border-top:0.75pt solid #000000; border-left:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:1.62pt; padding-left:1.62pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:justify; line-height:normal; font-size:10pt"><span style="font-family:'Times New Roman', serif"></span></p></td></tr><tr style="height:31.9pt"><td style="width:5.64%; border:0.75pt solid #000000; padding-right:1.62pt; padding-left:1.62pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:justify; line-height:normal; font-size:10pt"><span style="font-family:'Times New Roman', serif">ii</span></p></td><td style="width:7.88%; border:0.75pt solid #000000; padding-right:1.62pt; padding-left:1.62pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:justify; line-height:normal; font-size:10pt"><span style="font-family:'Times New Roman', serif">To</span></p></td><td style="width:15.94%; border:0.75pt solid #000000; padding-right:1.62pt; padding-left:1.62pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:justify; line-height:normal; font-size:10pt"><span style="font-family:'Times New Roman', serif"></span></p></td><td style="width:19.36%; border:0.75pt solid #000000; padding-right:1.62pt; padding-left:1.62pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:justify; line-height:normal; font-size:10pt"><span style="font-family:'Times New Roman', serif"></span></p></td><td style="width:18.52%; border-top:0.75pt solid #000000; border-left:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:1.62pt; padding-left:1.62pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:justify; line-height:normal; font-size:10pt"><span style="font-family:'Times New Roman', serif"></span></p></td></tr><tr style="height:21.6pt"><td colspan="4" style="border-top:0.75pt solid #000000; border-right:0.75pt solid #000000; padding-right:1.62pt; padding-left:1.62pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:justify; line-height:normal; font-size:10pt"><span style="font-family:'Times New Roman', serif">6. Was (were) tank(s) in 5(</span><span style="font-family:'Times New Roman', serif">i</span><span style="font-family:'Times New Roman', serif">) emptied?</span></p></td><td style="width:19.36%; border-top:0.75pt solid #000000; border-right:0.75pt solid #000000; border-left:0.75pt solid #000000; padding-right:1.62pt; padding-left:1.62pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:justify; line-height:normal; font-size:10pt"><span style="font-family:'Times New Roman', serif"></span></p></td><td style="width:18.52%; border-top:0.75pt solid #000000; border-left:0.75pt solid #000000; padding-right:1.62pt; padding-left:1.62pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:justify; line-height:normal; font-size:10pt"><span style="font-family:'Times New Roman', serif"></span></p></td></tr></tbody></table>

(c) Discharge of oil cargo

(d) Ballasting of cargo tanks

(e) Cleaning of cargo tanks

(f) Discharge of dirty ballast

(g) Discharge of water from slop tanks

* Hand hosing, machine washing or chemical cleaning. Where chemically cleaned, the chemical concerned and the amount used should be stated.

(h) Disposal of residues

(i) Discharge overboard of bilge water containing oil which has accumulated in machinery spaces (including pump rooms) whilst in port.*

(j) Accidental or other exceptional discharges of oil

................................................................................................Signature of Officer or Officers in charge of operation concerned

………………………………………………………………...Signature of Master

* The routine discharge at sea of bilge water containing any oil from machinery spaces including pump room bilges need not be entered in the oil record book but. if not, it must be entered in the appropriate log book, stating whether or not the discharge was made through a separator. Where the pump starts automatically and discharges through a separator at all times it will be sufficient to enter each day “Automatic discharge from bilges through separator”.

II—FOR SHIPS OTHER THAN TANKERS

Name of ship……………………………………………………………………………….

(a) Ballasting or cleaning of bunker fuel tanks

(b) Discharge of dirty ballast or cleaning water from tanks referred to under (a)

(c) Disposal of residues

(d) Discharge overboard of bilge water containing oil which has accumulated in machinery spaces whilst in port*

(e) Accidental or other exceptional discharges of oil

……………………………………………………………..Signature of Officer or Officers in charge of operations concerned

……………………………………………………………..Signature of Master

* The routine discharge at sea of bilge water containing any oil from machinery spaces need not be entered in the oil record book but if not, it must be entered in the appropriate log book, stating whether or not the discharge was made through a separator. Where the pump starts automatically and discharges through a separator at all times it will be sufficient to enter each day “Automatic discharge from bilges through a separator”.

SCHEDULE 4 Sub-section 4 (1)

THE 1971 AMENDMENTS TO THE INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION OF THE SEA BY OIL, 1954 CONCERNING THE PROTECTION OF THE GREAT BARRIER REEF

The existing text of the definition of “Nearest Land” in Article I is replaced by the following:

“Nearest land”. The terra “from the nearest land” means from the baseline from which the territorial sea of the territory in question is established in accordance with the Geneva Convention on the Territorial Sea and the Contiguous Zone, 1958, except that, for the purposes of this Convention “from the nearest land” off the north eastern coast of Australia shall mean from a line drawn from a point on the coast of Australia in latitude 11° South, longitude 142°08’ East to a point in latitude 10°35’ South, longitude 141°55’ East—

thence to a point latitude 10°00′ South, longitude 142°00′ East

thence to a point latitude 9°10′ South, longitude 143°52′ East

thence to a point latitude 9°00′ South, longitude 144°30′ East

thence to a point latitude 13°00′ South, longitude 144°00′ East

thence to a point latitude 15°00′ South, longitude 146”00′ East

thence to a point latitude 18°00′ South, longitude 147°00′ East

thence to a point latitude 21°00′ South, longitude 153°00′ East

thence to a point on the coast of Australia in latitude 24°42′ South, longitude 153°15’ East.

The existing text of sub-paragraph (iv) of paragraph (a) of Article III is replaced by the following:

(iv) the discharge is made as far as practicable from the nearest land.

SCHEDULE 5 Sub-section 4 (1)

THE 1971 AMENDMENTS TO THE INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION OF THE SEA BY OIL, 1954 CONCERNING TANK ARRANGEMENTS AND LIMITATION OF TANK SIZE

Add new Article VI bis as follows:

ARTICLE VI bis

(1) Every tanker to which the present Convention applies and for which the building contract is placed on or after the date of coming into force of this Article shall be constructed in accordance with the provisions of Annex C. In addition, every tanker to which the present Convention applies and for which the building contract is placed, or in the absence of a building contract the keel of which is laid or which is at a similar stage of construction, before the date of coming into force of this Article shall be required, within two years after that date, to comply with the provisions of Annex C, where such a tanker falls into either of the following categories:

(a) a tanker, the delivery of which is after 1 January 1977; or

(b) a tanker to which both the following conditions apply:

(i) delivery is not later than 1 January 1977; and

(ii) the building contract is placed after 1 January 1972, or in cases where no building contract has previously been placed, the keel is laid or the tanker is at a similar stage of construction, after 30 June 1972.

(2) A tanker required under paragraph (1) of this Article to be constructed in accordance with Annex C and so constructed shall carry on board a certificate issued or authorized by the responsible Contracting Government attesting such compliance. A tanker which under paragraph (1) of this Article is not required to be constructed in accordance with Annex C shall carry on board a certificate to that effect issued or authorized by the responsible Contracting Government, or if the tanker does comply with Annex C although not required to do so, it may carry on board a certificate issued or authorized by the responsible Contracting Government attesting such compliance. A Contracting Government shall not permit such tankers under its flag to trade unless the appropriate certificate has been issued.

(3) Certificates issued under the authority of a Contracting Government shall be accepted by the other Contracting Governments for all purposes covered by the present Convention. They shall be regarded by the other Contracting Governments as having the same force as certificates issued by them.

(4) If a Contracting Government has clear grounds for believing that a tanker required under paragraph (1) of this Article to be constructed in accordance with Annex C entering ports in its territory or using off-shore terminals under its control does not in fact comply with Annex C, such Contracting Government may request consultation with the Government with which the tanker is registered. If, after such consultation or otherwise, the Contracting Government is satisfied that the tanker does not comply with Annex C, such Contracting Government may for this reason deny such a tanker access to ports in its territorial waters or to off-shore terminals under its control until such time as the Contracting Government is satisfied that the tanker does comply.

Add new Annex C as follows:

ANNEX C

REQUIREMENTS RELATING TO TANK ARRANGEMENTS AND TO THE LIMITATION OF TANK SIZE

1. Assumed Extent of Damage

In the following paragraphs three dimensions of the extent of damage of a parallelepiped due to both collision and stranding are assumed. In the case of stranding, two conditions are set forth to be applied individually to the stated portions of the ship. These values represent the maximum assumed damage in such accidents and are to be used to determine by trial at all conceivable locations the worst combination of compartments which would be breached by such an accident.

<table cellspacing="0" cellpadding="0" style="width:100%; margin-bottom:0pt; border-collapse:collapse"><tbody><tr style="height:1pt"><td style="width:49.82%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-left:9pt; margin-bottom:0pt; text-align:justify; line-height:normal; widows:0; orphans:0; font-size:10pt"><span style="font-family:'Times New Roman', serif">1.1 </span><span style="font-family:'Times New Roman', serif; font-style:italic">Collision</span></p></td><td style="width:31.68%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:justify; line-height:normal; font-size:10pt"><span style="font-family:'Times New Roman', serif"></span></p></td><td style="width:18.48%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:justify; line-height:normal; font-size:10pt"><span style="font-family:'Times New Roman', serif"></span></p></td></tr><tr style="height:1pt"><td style="width:49.82%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-left:27pt; margin-bottom:0pt; text-align:justify; line-height:normal; font-size:10pt"><span style="font-family:'Times New Roman', serif">Longitudinal extent (</span><span style="font-family:'Times New Roman', serif; font-style:italic">l</span><span style="font-family:'Times New Roman', serif; font-size:6.67pt; vertical-align:sub">c</span><span style="font-family:'Times New Roman', serif">)</span></p></td><td style="width:31.68%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-left:36pt; margin-bottom:0pt; text-indent:-36pt; line-height:normal; font-size:10pt"><img src="image.002.png" width="6" height="25" alt="" style="vertical-align:middle"><span style="font-family:'Times New Roman', serif">L</span><span style="font-family:'Times New Roman', serif; font-size:6.67pt; vertical-align:super">2/3</span><span style="font-family:'Times New Roman', serif"> or 14.5 </span><span style="font-family:'Times New Roman', serif">metres</span><span style="font-family:'Times New Roman', serif"> whichever is less</span></p></td><td style="width:18.48%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; line-height:normal; font-size:10pt"><span style="font-family:'Times New Roman', serif"></span></p></td></tr><tr style="height:1pt"><td style="width:49.82%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-left:27pt; margin-bottom:0pt; text-align:justify; line-height:normal; font-size:10pt"><span style="font-family:'Times New Roman', serif">Transverse extent (</span><span style="font-family:'Times New Roman', serif">t</span><span style="font-family:'Times New Roman', serif; font-size:6.67pt; vertical-align:sub">c</span><span style="font-family:'Times New Roman', serif">) inboard from the ship</span><span style="font-family:'Times New Roman', serif">’</span><span style="font-family:'Times New Roman', serif">s side at right angles to the </span><span style="font-family:'Times New Roman', serif">centreline</span><span style="font-family:'Times New Roman', serif"> at the level of the load line</span></p></td><td style="width:31.68%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-left:36pt; margin-bottom:0pt; text-indent:-36pt; line-height:normal; font-size:10pt"><span style="font-family:'Times New Roman', serif">B/5 or 11.5 </span><span style="font-family:'Times New Roman', serif">metres</span><span style="font-family:'Times New Roman', serif"> whichever is less</span></p></td><td style="width:18.48%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; line-height:normal; font-size:10pt"><span style="font-family:'Times New Roman', serif"></span></p></td></tr><tr style="height:1pt"><td style="width:49.82%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-left:27pt; margin-bottom:0pt; text-align:justify; line-height:normal; font-size:10pt"><span style="font-family:'Times New Roman', serif">Vertical extent (</span><span style="font-family:'Times New Roman', serif">v</span><span style="font-family:'Times New Roman', serif; font-size:6.67pt; vertical-align:sub">c</span><span style="font-family:'Times New Roman', serif">)</span></p></td><td colspan="2" style="padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; line-height:normal; font-size:10pt"><span style="font-family:'Times New Roman', serif">from the base line upwards without limit</span></p></td></tr><tr style="height:1pt"><td style="width:49.82%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-left:9pt; margin-bottom:0pt; text-align:justify; line-height:normal; widows:0; orphans:0; font-size:10pt"><span style="font-family:'Times New Roman', serif">1.2 </span><span style="font-family:'Times New Roman', serif; font-style:italic">Stranding</span></p></td><td style="width:31.68%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; line-height:normal; font-size:10pt"><span style="font-family:'Times New Roman', serif"></span></p></td><td style="width:18.48%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; line-height:normal; font-size:10pt"><span style="font-family:'Times New Roman', serif"></span></p></td></tr><tr style="height:1pt"><td style="width:49.82%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:justify; line-height:normal; font-size:10pt"><span style="font-family:'Times New Roman', serif"></span></p></td><td style="width:31.68%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; line-height:normal; font-size:10pt"><span style="font-family:'Times New Roman', serif">For 0.3L from the forward</span><span class="CommentReference"> </span><span style="font-family:'Times New Roman', serif">perpendicular of the ship</span></p></td><td style="width:18.48%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; line-height:normal; font-size:10pt"><span style="font-family:'Times New Roman', serif">Any other part of the ship</span></p></td></tr><tr style="height:1pt"><td style="width:49.82%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-left:27pt; margin-bottom:0pt; text-align:justify; line-height:normal; font-size:10pt"><span style="font-family:'Times New Roman', serif">Longitudinal extent (</span><span style="font-family:'Times New Roman', serif; font-style:italic">l</span><span style="font-family:'Times New Roman', serif; font-size:6.67pt; vertical-align:sub">2</span><span style="font-family:'Times New Roman', serif">)</span></p></td><td style="width:31.68%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; line-height:normal; font-size:10pt"><span style="font-family:'Times New Roman', serif">L/10</span></p></td><td style="width:18.48%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; line-height:normal; font-size:10pt"><span style="font-family:'Times New Roman', serif">5 </span><span style="font-family:'Times New Roman', serif">metres</span></p></td></tr><tr style="height:1pt"><td style="width:49.82%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-left:27pt; margin-bottom:0pt; text-align:justify; line-height:normal; font-size:10pt"><span style="font-family:'Times New Roman', serif">Transverse extent (t</span><span style="font-family:'Times New Roman', serif; font-size:6.67pt; vertical-align:sub">2</span><span style="font-family:'Times New Roman', serif">)</span></p></td><td style="width:31.68%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-left:36pt; margin-bottom:0pt; text-indent:-36pt; line-height:normal; font-size:10pt"><span style="font-family:'Times New Roman', serif">B/6 or 10.0 </span><span style="font-family:'Times New Roman', serif">metres</span><span style="font-family:'Times New Roman', serif">, whichever is less</span></p></td><td style="width:18.48%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; line-height:normal; font-size:10pt"><span style="font-family:'Times New Roman', serif">5 </span><span style="font-family:'Times New Roman', serif">metres</span></p></td></tr><tr style="height:1pt"><td style="width:49.82%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-left:27pt; margin-bottom:0pt; text-align:justify; line-height:normal; font-size:10pt"><span style="font-family:'Times New Roman', serif">Vertical extent (v</span><span style="font-family:'Times New Roman', serif; font-size:6.67pt; vertical-align:sub">2</span><span style="font-family:'Times New Roman', serif">) from the base line</span></p></td><td colspan="2" style="padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-left:36pt; margin-bottom:0pt; text-indent:-36pt; line-height:normal; font-size:10pt"><span style="font-family:'Times New Roman', serif">B/15 or 6 </span><span style="font-family:'Times New Roman', serif">metres</span><span style="font-family:'Times New Roman', serif">, whichever is less, for any part of the ship</span></p></td></tr><tr style="height:1pt"><td colspan="3" style="padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-left:43.2pt; margin-bottom:0pt; text-indent:-21.6pt; text-align:justify; line-height:normal; widows:0; orphans:0; font-size:10pt"><span style="font-family:'Times New Roman', serif">where: L, B in </span><span style="font-family:'Times New Roman', serif">metres</span><span style="font-family:'Times New Roman', serif"> and perpendicular are as defined in Regulation 3 of the International Convention on Load Lines, 1966.</span></p></td></tr></tbody></table>

2. Hypothetical Oil Outflow from Tanks Assumed to be Breached as a Result of the Accident

The hypothetical oil outflow in the case of collision (Oc) and stranding (Os) shall be calculated by the following formulae with respect to compartments breached by each assumed location of damage as defined in Section 1.

2.1 Collision

Oc = ΣWi + ΣKiCi (1)

2.2 Stranding

Os= ⅓(ΣZiWi + ΣZiCi) (2)

where: Wi = volume of a wing tank in cubic metres breached by the damage assumed in Section 1; Wi for a clean ballast tank may be taken equal to zero,

Ci = volume of a centre tank in cubic metres breached by the damage assumed in Section 1; Ci for a clean ballast tank may be taken equal to zero,

Ki = 1 - bi/tc;when bi is equal to or greater than tc, Ki shall be taken equal to zero,

Zi = 1 - hi/vs; when hi is equal to or greater than vs, Zi shall be taken equal to zero,

bi = width of wing tank in metres under consideration,

hi = minimum depth of the double bottom in metres under consideration; where no double bottom is fitted, hi shall be taken equal to zero,

wing tank = any tank adjacent to the side shell plating,

centre tank = any tank inboard a longitudinal bulkhead.

2.3 Special requirements

2.3.1 If a void space or clean water ballast tank of a length less than lc as defined in 1.1 is located between wing oil tanks, Oc in formula (1) may be calculated on the basis of volume Wi being the actual volume of one such tank (where they are of equal capacity) or the smaller of the two tanks (if they differ in capacity) adjacent to such space, multiplied by Si as defined below and taking for all other wing tanks involved in such a collision the value of the actual full volume.

Si = 1 - li/lc

where: li = length in metres of void space or clean ballast tank under consideration.

2.3.2 (a) Credit shall only be given in respect of double bottom tanks which are either empty or carrying clean water when cargo is carried in the tanks above.

(b) Where the double bottom does not extend for the full length and width of the tank involved, the double bottom is considered non-existent and the volume of the tanks above the area of the stranding damage shall be included in formula (2) even if the tank is not considered breached because of the installation of such a partial double bottom.

2.3.2 (c) Suction wells may be neglected in the determination of the value hi provided such wells are not excessive in area and extend below the tank for a minimum distance and in no case more than half the height of the double bottom. If the depth of such a well exceeds half the height of the double bottom, hi shall be taken equal to the double bottom height minus the well height.

Piping serving such wells if installed within the double bottom shall be fitted with valves or other closing arrangements located at the point of connection to the tank served to prevent oil outflow in the event of damage of the piping during stranding. Such piping shall be installed as high from the bottom shell as possible.

2.3.3 In the case where stranding damage simultaneously involves four centre tanks, the value of Os may be calculated according to the formula

Os = ¼ (ΣZiWi + ΣZiCi) (3)

2.3.4 An Administration may credit as reducing oil outflow in case of stranding, an installed cargo transfer system having an emergency high suction in each cargo oil tank, capable of transferring from a breached tank or tanks to segregated ballast tanks or to available cargo tankage if it can be assured that such tanks will have sufficient ullage. Credit for such a system would be governed by ability to transfer in two hours of operation, oil equal to one half of the largest of the breached tanks involved and by availability of equivalent receiving capacity in ballast or cargo tanks. The credit shall be confined to permitting calculation of Os according to formula (3). The pipes for such suctions shall be installed at least at a height not less than the vertical extent of the stranding damage Vs. The Administration shall supply the Organization with the information concerning the arrangements accepted by it, for circulation to other governments.

3. Limitations of Size of Cargo Oil Tanks

3.1 Limitation of hypothetical oil outflow

The hypothetical oil outflow Oc or Os calculated in accordance with the formulae in Section 2 shall not exceed 30,000 cubic metres or 400 3√DW, whichever is the greater but subject to a maximum of 40,000 cubic metres, where DW = deadweight of the ship in metric tons.

3.2 Limitation of volume of single tank

The volume of a wing tank shall not exceed seventy-five per cent of the limits of hypothetical oil outflow referred to in 3.1. The volume of a centre tank shall not exceed 50,000 cubic metres.

3.3 Limitation of tank length

The length of each tank shall not exceed 10 metres or one of the following values, whichever is the greater:

(a) where no longitudinal bulkhead is provided:

0.1L

(b) where a longitudinal bulkhead is provided at the centreline only:

0.15L

(c) where two or more longitudinal bulkheads are provided:

(i) for wing tanks:

0.2L

(ii) for centre tanks:

(1) if bi/B is equal to or greater than 1/5:

0.2L

(2) if bi/B g is less than 1/5:

- where no centreline longitudinal bulkhead is provided:

(0.5 bi/B + 0.1)L

- where a centreline longitudinal bulkhead is provided:

(0.25bi/B + 0.15)L