sec.133Regulation-making power

### sec.133 Regulation-making power The Governor in Council may make regulations under this Act. A regulation may be made about any of the following matters— marine pollution and issues about marine pollution; a matter necessary or convenient for giving further effect to MARPOL or another treaty, convention or international agreement or document about marine pollution; the way in which the tonnage of a ship is decided; keeping oil pollution emergency plans, including shipboard oil pollution emergency plans; the standard of treatment systems; the standard of reception facilities; keeping records, including, for example, an oil or cargo record book, and the nature of the entries to be made in the records; the period for which, and the place at which, the records must be kept; records that must be sent to the general manager and their custody or disposal after receipt; imposition of fees; taking and analysis of samples by an analyst; ensuring the integrity and security of samples. Without limiting subsection (1) or (2) , a regulation may also be made— giving effect to Annex II, regulation 16 to MARPOL; and declaring a stated liquid substance has been provisionally assessed under Annex II, regulation 6.3 to MARPOL as a category X substance, category Y substance, category Z substance or Other substance; and for a category X substance—declaring a residual concentration stated in the regulation is taken to be the residual concentration prescribed for the substance under Annex II, regulation 13.6 to MARPOL. The regulations may provide that contravention of a regulation is an offence and prescribe a maximum penalty of not more than 350 penalty units. s 133 amd 2002 No. 15 s 39 ; 2006 No. 21 s 41 ; 2007 No. 43 s 14 (sec.133-ssec.1) The Governor in Council may make regulations under this Act. (sec.133-ssec.2) A regulation may be made about any of the following matters— marine pollution and issues about marine pollution; a matter necessary or convenient for giving further effect to MARPOL or another treaty, convention or international agreement or document about marine pollution; the way in which the tonnage of a ship is decided; keeping oil pollution emergency plans, including shipboard oil pollution emergency plans; the standard of treatment systems; the standard of reception facilities; keeping records, including, for example, an oil or cargo record book, and the nature of the entries to be made in the records; the period for which, and the place at which, the records must be kept; records that must be sent to the general manager and their custody or disposal after receipt; imposition of fees; taking and analysis of samples by an analyst; ensuring the integrity and security of samples. (sec.133-ssec.3) Without limiting subsection (1) or (2) , a regulation may also be made— giving effect to Annex II, regulation 16 to MARPOL; and declaring a stated liquid substance has been provisionally assessed under Annex II, regulation 6.3 to MARPOL as a category X substance, category Y substance, category Z substance or Other substance; and for a category X substance—declaring a residual concentration stated in the regulation is taken to be the residual concentration prescribed for the substance under Annex II, regulation 13.6 to MARPOL. (sec.133-ssec.4) The regulations may provide that contravention of a regulation is an offence and prescribe a maximum penalty of not more than 350 penalty units. - (a) marine pollution and issues about marine pollution; - (b) a matter necessary or convenient for giving further effect to MARPOL or another treaty, convention or international agreement or document about marine pollution; - (c) the way in which the tonnage of a ship is decided; - (d) keeping oil pollution emergency plans, including shipboard oil pollution emergency plans; - (e) the standard of treatment systems; - (f) the standard of reception facilities; - (g) keeping records, including, for example, an oil or cargo record book, and the nature of the entries to be made in the records; - (h) the period for which, and the place at which, the records must be kept; - (i) records that must be sent to the general manager and their custody or disposal after receipt; - (j) imposition of fees; - (k) taking and analysis of samples by an analyst; - (l) ensuring the integrity and security of samples. - (a) giving effect to Annex II, regulation 16 to MARPOL; and - (b) declaring a stated liquid substance has been provisionally assessed under Annex II, regulation 6.3 to MARPOL as a category X substance, category Y substance, category Z substance or Other substance; and - (c) for a category X substance—declaring a residual concentration stated in the regulation is taken to be the residual concentration prescribed for the substance under Annex II, regulation 13.6 to MARPOL.