What it does
The Transport Operations (Marine Pollution) Act 1995 establishes a comprehensive framework to protect Queensland's marine and coastal environment from ship-sourced pollutants. Its overall purpose, stated in s.3(1), is to minimise deliberate and negligent discharges into coastal waters. This is achieved primarily by giving effect to relevant provisions of MARPOL Annexes I (oil), II (noxious liquid substances in bulk), III (harmful substances in packaged form), IV (sewage), and V (garbage), as defined in s.6 (incorporating the 1973 Convention as modified by the 1978 Protocol and amendments in force for Australia).
The Act applies to all ships in coastal waters (s.12), defined via s.11 and the dictionary in Sch 1 as the first 3 nautical miles of the territorial sea plus tidal areas, reflecting Queensland's jurisdictional limits under the Coastal Waters (State Powers) Act 1980 (Cwlth). Discharges outside coastal waters that enter them are deemed to occur in coastal waters (s.9). It complements Commonwealth and other states' approaches (s.3(3)(a)) while addressing gaps, such as specific sewage discharge rules (Part 7) and powers to deal with shipping casualties (s.3(3)(c)).
Key mechanisms include prohibitions on discharges (e.g. s.26 for oil, s.35 for noxious liquids, s.42 for jettisoning harmful substances, s.55 for garbage, and ss.47-50A for sewage), with strict liability applying despite Criminal Code ss.23 and 24 (e.g. s.26(2)). Defences are available for safety of life, unintentional damage with precautions, or authorised actions (e.g. ss.28, 36, 43, 51A, 56). Exemptions may be prescribed by regulation only if consistent with MARPOL (ss.29, 37, 44, 57).
Operational requirements mandate plans like shipboard oil pollution emergency plans (s.30 for ships >24m carrying oil or >35m otherwise), procedures and arrangements manuals for noxious liquids (s.38), shipboard marine pollution emergency plans (s.38A), shipboard sewage management plans (s.51), and shipboard waste management plans (s.55A for ships ≥35m or sleeping ≥15). Transfer operations must be monitored (s.60A), with records kept (s.65). Reception facilities must be provided (s.66), and reportable incidents notified immediately (s.67).