Commonwealth legislation

Protection of the Sea (Harmful Anti-fouling Systems) Act 2006 - Proclamation

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

Jurisdiction

Commonwealth

Collection

legislative instrument

Plain English Summary

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This Proclamation flips the switch to turn on Australia's ban on toxic ship paints.

It declares that 17 September 2008 is the day when the main rules of the Protection of the Sea (Harmful Anti-fouling Systems) Act 2006 (sections 3 to 25) become legally enforceable.

What those rules do:

Ban ships from applying, using, or carrying organotin-based anti-fouling paints (such as TBT compounds) that leach toxins into the water to prevent barnacle growth.
Require ships to remove or seal these harmful coatings before entering Australian waters or using Australian dry-docks.
Impose fines for non-compliance.

Who is affected: Ship owners, operators, and masters of vessels entering Australian ports, as well as Australian-registered ships anywhere in the world.

Why it matters: This Proclamation gives legal effect to international maritime standards (the AFS Convention) designed to stop toxic heavy metals from poisoning marine ecosystems and entering the food chain.

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Direct links to the current provisions in Protection of the Sea (Harmful Anti-fouling Systems) Act 2006 - Proclamation.

Protection of the Sea (Harmful Anti-fouling Systems) Act 2006 - Proclamation

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Proclamation

Protection of the Sea (Harmful Anti‑fouling Systems) Act 2006

I, PHILIP MICHAEL JEFFERY, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and under item 2 of the table in subsection 2 (1) of the Protection of the Sea (Harmful Anti‑fouling Systems) Act 2006, fix 17 September 2008 as the day on which sections 3 to 25 of that Act commence.

Signed and sealed with the Great Seal of Australia on 14 February 2008

P. M. JEFFERY Governor‑General

By His Excellency’s Command

ANTHONY ALBANESE

Minister for Infrastructure, Transport, Regional Development and Local Government

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.