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Queensland regulation
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Direct links to the current provisions in Transport Operations (Marine Pollution) Regulation 2018.
This regulation may be cited as the Transport Operations (Marine Pollution) Regulation 2018 .
This regulation commences on 1 September 2018.
The dictionary in schedule 7 defines particular words used in this regulation. See section 5 of the Act in relation to the words and expressions used in MARPOL (other than in an annex) and the Act .
The purpose of this part is to provide for matters for part 4 of the Act . See section 25 of the Act in relation to the words and expressions used in Annex I to MARPOL. See also Annex I to MARPOL for the meaning of particular words and expressions used in this part, such as en route, instantaneous rate of discharge of oil content, nearest land, oily mixture and slop tank. A map showing nearest land as mentioned in this part is available on the Australian Maritime Safety Authority’s website. Division 2 sets out discharges that are, for section 29 (1) of the Act , exempt from the operation of the discharge offences in sections 26 (1) and 27 (1) of the Act . Division 3 sets out matters relating to shipboard oil pollution emergency plans. Division 4 sets out matters relating to oil record books. (sec.4-ssec.1) The purpose of this part is to provide for matters for part 4 of the Act . See section 25 of the Act in relation to the words and expressions used in Annex I to MARPOL. See also Annex I to MARPOL for the meaning of particular words and expressions used in this part, such as en route, instantaneous rate of discharge of oil content, nearest land, oily mixture and slop tank. A map showing nearest land as mentioned in this part is available on the Australian Maritime Safety Authority’s website. (sec.4-ssec.2) Division 2 sets out discharges that are, for section 29 (1) of the Act , exempt from the operation of the discharge offences in sections 26 (1) and 27 (1) of the Act . (sec.4-ssec.3) Division 3 sets out matters relating to shipboard oil pollution emergency plans. (sec.4-ssec.4) Division 4 sets out matters relating to oil record books.
In this part— Commonwealth shipping law means— a regulation made under— the Commonwealth Navigation Act , section 130 or section 339 ; or the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 (Cwlth) ; or an order made under— the Commonwealth Navigation Act , section 342 ; or the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 (Cwlth) , section 34 .
A discharge of oil from an oil tanker, other than a discharge mentioned in section 7 , is exempt from the operation of the discharge offences if the following conditions are complied with— the oil tanker is more than 50n miles from the nearest land; the oil tanker is proceeding en route; the instantaneous rate of discharge of oil content is not more than 30L/n mile; the total quantity of oil discharged into coastal waters is not more than the total quantity allowed under the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 (Cwlth) , section 9 for the oil tanker; the oil tanker has in operation an oil discharge monitoring and control system and a slop tank arrangement as required under a Commonwealth shipping law.
A discharge of oil from an oil tanker from its machinery space bilges, other than its cargo pump room bilges, is exempt from the operation of the discharge offences if the following conditions are complied with— the oil tanker is proceeding en route; the oil tanker has in operation oil filtering equipment as required under a Commonwealth shipping law; the oil content of the effluent discharged is not more than 15 parts in 1,000,000 parts; the oil is not cargo residue.
This section applies to a ship with a gross tonnage of 400 or more, other than a ship that is an oil tanker. A discharge of oil from the ship is exempt from the operation of the discharge offences if the following conditions are complied with— the ship is proceeding en route; the ship has in operation oil filtering equipment required under a Commonwealth shipping law; the oil content of the effluent discharged is not more than 15 parts in 1,000,000 parts. (sec.8-ssec.1) This section applies to a ship with a gross tonnage of 400 or more, other than a ship that is an oil tanker. (sec.8-ssec.2) A discharge of oil from the ship is exempt from the operation of the discharge offences if the following conditions are complied with— the ship is proceeding en route; the ship has in operation oil filtering equipment required under a Commonwealth shipping law; the oil content of the effluent discharged is not more than 15 parts in 1,000,000 parts.
A shipboard oil pollution emergency plan must— be in English; and comply with the requirements under the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 (Cwlth) , section 11A (4) . For subsection (1) (b) , a requirement under the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 (Cwlth) , section 11A (4) to state something about a prescribed incident is taken to be a requirement to state something about a reportable incident. See part 8 about reportable incidents. See also section 30 of the Act for the requirement for a ship to have on board a shipboard oil pollution emergency plan. (sec.9-ssec.1) A shipboard oil pollution emergency plan must— be in English; and comply with the requirements under the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 (Cwlth) , section 11A (4) . (sec.9-ssec.2) For subsection (1) (b) , a requirement under the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 (Cwlth) , section 11A (4) to state something about a prescribed incident is taken to be a requirement to state something about a reportable incident. See part 8 about reportable incidents. See also section 30 of the Act for the requirement for a ship to have on board a shipboard oil pollution emergency plan.
This division applies to— a ship that is an oil tanker with a gross tonnage of 150 or more; or a ship, other than an oil tanker, that— has a gross tonnage of at least 150 and carries oil in a portable tank with a capacity of 400L or more; or has a gross tonnage of 400 or more. In this section— Australian fishing vessel means a fishing vessel— registered or entitled to be registered in Australia; or for which an instrument under the Fisheries Management Act 1991 (Cwlth) , section 4 (2) is in force. pleasure vessel means a vessel used entirely for recreational or sporting activities and not for hire or reward. ship means— a trading ship proceeding en route on a voyage other than an overseas voyage; or an Australian fishing vessel proceeding en route on a voyage other than an overseas voyage; or a pleasure vessel. (sec.10-ssec.1) This division applies to— a ship that is an oil tanker with a gross tonnage of 150 or more; or a ship, other than an oil tanker, that— has a gross tonnage of at least 150 and carries oil in a portable tank with a capacity of 400L or more; or has a gross tonnage of 400 or more. (sec.10-ssec.2) In this section— Australian fishing vessel means a fishing vessel— registered or entitled to be registered in Australia; or for which an instrument under the Fisheries Management Act 1991 (Cwlth) , section 4 (2) is in force. pleasure vessel means a vessel used entirely for recreational or sporting activities and not for hire or reward. ship means— a trading ship proceeding en route on a voyage other than an overseas voyage; or an Australian fishing vessel proceeding en route on a voyage other than an overseas voyage; or a pleasure vessel.
The ship’s owner and master must ensure— the ship carries an oil record book in which an entry can be made as required under section 13 ; and the oil record book is readily available for inspection at all reasonable times. If the oil record book is not carried and readily available for inspection as required under subsection (1) , the ship’s owner and master each commit an offence. Maximum penalty—350 penalty units. The ship’s owner and master must ensure an oil record book for the ship in which an entry has been made— is kept on board the ship until the day that is 3 years from the day the last entry in the record book is made; and is, until the day mentioned in paragraph (a) , readily available for inspection at all reasonable times. If the oil record book is not kept on board the ship and readily available for inspection as required under subsection (3) , the ship’s owner and master each commit an offence. Maximum penalty—350 penalty units. (sec.11-ssec.1) The ship’s owner and master must ensure— the ship carries an oil record book in which an entry can be made as required under section 13 ; and the oil record book is readily available for inspection at all reasonable times. (sec.11-ssec.2) If the oil record book is not carried and readily available for inspection as required under subsection (1) , the ship’s owner and master each commit an offence. Maximum penalty—350 penalty units. (sec.11-ssec.3) The ship’s owner and master must ensure an oil record book for the ship in which an entry has been made— is kept on board the ship until the day that is 3 years from the day the last entry in the record book is made; and is, until the day mentioned in paragraph (a) , readily available for inspection at all reasonable times. (sec.11-ssec.4) If the oil record book is not kept on board the ship and readily available for inspection as required under subsection (3) , the ship’s owner and master each commit an offence. Maximum penalty—350 penalty units.
An oil record book must be in the form prescribed under the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 (Cwlth) , section 12 (3) .
If a recordable operation or recordable event is performed or happens in, or in relation to, the ship, the ship’s master must make an entry under subsection (2) about the operation or event in the ship’s oil record book without delay. Maximum penalty—350 penalty units. The entry must be— in English; and signed by— if the entry is about a recordable operation—the officer or other person in charge of the operation; or if the entry is about a recordable event—the person in control of the ship. When a page of the ship’s oil record book is completed, the ship’s master must sign the page without delay. Maximum penalty—350 penalty units. In this section— recordable event means a recordable event mentioned in schedule 1 , part 1 , section 3 . recordable operation means a recordable operation mentioned in schedule 1 , part 1 , section 1 or 2 . (sec.13-ssec.1) If a recordable operation or recordable event is performed or happens in, or in relation to, the ship, the ship’s master must make an entry under subsection (2) about the operation or event in the ship’s oil record book without delay. Maximum penalty—350 penalty units. (sec.13-ssec.2) The entry must be— in English; and signed by— if the entry is about a recordable operation—the officer or other person in charge of the operation; or if the entry is about a recordable event—the person in control of the ship. (sec.13-ssec.3) When a page of the ship’s oil record book is completed, the ship’s master must sign the page without delay. Maximum penalty—350 penalty units. (sec.13-ssec.4) In this section— recordable event means a recordable event mentioned in schedule 1 , part 1 , section 3 . recordable operation means a recordable operation mentioned in schedule 1 , part 1 , section 1 or 2 .
The purpose of this part is to provide for matters for part 5 of the Act . See section 34 of the Act in relation to the words and expressions used in Annex II. See also Annex II for the meaning of particular words and expressions used in this part, such as en route, International Bulk Chemical Code, nearest land and residue. A map showing nearest land as mentioned in this part is available on the Australian Maritime Safety Authority’s website. Division 2 sets out discharges that are, for section 37 (1) of the Act , exempt from the operation of the discharge offence in section 35 (1) of the Act . Division 3 sets out matters relating to cargo record books. (sec.14-ssec.1) The purpose of this part is to provide for matters for part 5 of the Act . See section 34 of the Act in relation to the words and expressions used in Annex II. See also Annex II for the meaning of particular words and expressions used in this part, such as en route, International Bulk Chemical Code, nearest land and residue. A map showing nearest land as mentioned in this part is available on the Australian Maritime Safety Authority’s website. (sec.14-ssec.2) Division 2 sets out discharges that are, for section 37 (1) of the Act , exempt from the operation of the discharge offence in section 35 (1) of the Act . (sec.14-ssec.3) Division 3 sets out matters relating to cargo record books.
In this part— authorised officer includes a marine surveyor appointed or authorised by the government of a country that is a party to MARPOL for the purpose of implementing Annex II, regulation 16.
This section applies if— a ship’s tank has held a category X substance; and the category X substance has been unloaded at a port and any of the following procedures has been carried out— the approved tank washing procedure under section 17 ; an alternative tank washing procedure approved under section 18 ; a tank washing procedure, carried out at a port outside Queensland, in accordance with Annex II, regulation 13.6.1.3; a ventilation procedure approved for the ship, in accordance with Annex II, Appendix VII under Annex II, regulation 13.3. A discharge of water from the ship’s tank, taken on after the carrying out of a procedure mentioned in subsection (1) (b) and containing residue of the category X substance, is exempt from the operation of the discharge offence. However, for a procedure mentioned in subsection (1) (b) (i) , (ii) or (iii) , the discharge is exempt from the operation of the discharge offence only if the conditions stated in section 22 for the discharge are complied with. (sec.16-ssec.1) This section applies if— a ship’s tank has held a category X substance; and the category X substance has been unloaded at a port and any of the following procedures has been carried out— the approved tank washing procedure under section 17 ; an alternative tank washing procedure approved under section 18 ; a tank washing procedure, carried out at a port outside Queensland, in accordance with Annex II, regulation 13.6.1.3; a ventilation procedure approved for the ship, in accordance with Annex II, Appendix VII under Annex II, regulation 13.3. (sec.16-ssec.2) A discharge of water from the ship’s tank, taken on after the carrying out of a procedure mentioned in subsection (1) (b) and containing residue of the category X substance, is exempt from the operation of the discharge offence. (sec.16-ssec.3) However, for a procedure mentioned in subsection (1) (b) (i) , (ii) or (iii) , the discharge is exempt from the operation of the discharge offence only if the conditions stated in section 22 for the discharge are complied with.
The tank must be washed under the supervision of an authorised officer. The residues in the tank must be discharged to a reception facility until the concentration of the category X substance in the effluent, as shown by analyses of samples of the effluent taken by the authorised officer, is no more than the residual concentration for the substance mentioned in section 19 . When the required residual concentration is achieved, the remaining tank washings must continue to be discharged to the reception facility until the tank is empty. The authorised officer must sign an entry in the cargo record book recording the carrying out of the procedure. (sec.17-ssec.1) The tank must be washed under the supervision of an authorised officer. (sec.17-ssec.2) The residues in the tank must be discharged to a reception facility until the concentration of the category X substance in the effluent, as shown by analyses of samples of the effluent taken by the authorised officer, is no more than the residual concentration for the substance mentioned in section 19 . (sec.17-ssec.3) When the required residual concentration is achieved, the remaining tank washings must continue to be discharged to the reception facility until the tank is empty. (sec.17-ssec.4) The authorised officer must sign an entry in the cargo record book recording the carrying out of the procedure.
The general manager may, on an application by the ship’s master, approve an alternative procedure as being equivalent to obtaining the residual concentration mentioned in section 19 . Without limiting section 69 , an application under subsection (1) must state the grounds for the application. The general manager may approve an application under subsection (1) if— the general manager is reasonably satisfied it is impracticable to measure, under section 17 (2) , the concentration of the category X substance in the effluent without causing undue delay to the ship; and the tank is washed based on standards set out in Annex II, Appendix VI. See part 12 , division 1 for obtaining, amending, suspending and cancelling approvals. An authorised officer must certify in the cargo record book that— the tank, its pump and piping systems have been emptied; and the wash has been performed in accordance with the standards mentioned in subsection (3) (b) ; and the effluent has been discharged to a reception facility and the tank is empty. (sec.18-ssec.1) The general manager may, on an application by the ship’s master, approve an alternative procedure as being equivalent to obtaining the residual concentration mentioned in section 19 . (sec.18-ssec.2) Without limiting section 69 , an application under subsection (1) must state the grounds for the application. (sec.18-ssec.3) The general manager may approve an application under subsection (1) if— the general manager is reasonably satisfied it is impracticable to measure, under section 17 (2) , the concentration of the category X substance in the effluent without causing undue delay to the ship; and the tank is washed based on standards set out in Annex II, Appendix VI. See part 12 , division 1 for obtaining, amending, suspending and cancelling approvals. (sec.18-ssec.4) An authorised officer must certify in the cargo record book that— the tank, its pump and piping systems have been emptied; and the wash has been performed in accordance with the standards mentioned in subsection (3) (b) ; and the effluent has been discharged to a reception facility and the tank is empty.
For section 133 (3) (c) of the Act , the residual concentration of 0.1% by weight is taken to be the residual concentration prescribed for each category X substance in Annex II, Appendix I.
This section applies if— a ship’s tank has held a category Y substance or a category Z substance; and either— the tank has been unloaded in accordance with the ship’s procedures and arrangements manual; or the tank has been washed in accordance with Annex II, regulation 13.7.1.2 and the tank did not hold a high viscosity or solidifying category Y substance. Also, this section applies if a ship’s tank— has held a high viscosity or solidifying category Y substance; and after being unloaded has been washed in accordance with the procedure stated in Annex II, regulation 13.7.1.3. A discharge of water, from the ship’s tank, taken on as ballast water after a procedure mentioned in subsection (1) or (2) and containing residue of the category Y substance or category Z substance, is exempt from the operation of the discharge offence if— for a discharge made when the ship is at least 12n miles from the nearest land and in water at least 25m deep—the discharge of water does not contain more than 1 part in 1,000,000 parts of the substance; or otherwise—the conditions in section 22 for the discharge are complied with. (sec.20-ssec.1) This section applies if— a ship’s tank has held a category Y substance or a category Z substance; and either— the tank has been unloaded in accordance with the ship’s procedures and arrangements manual; or the tank has been washed in accordance with Annex II, regulation 13.7.1.2 and the tank did not hold a high viscosity or solidifying category Y substance. (sec.20-ssec.2) Also, this section applies if a ship’s tank— has held a high viscosity or solidifying category Y substance; and after being unloaded has been washed in accordance with the procedure stated in Annex II, regulation 13.7.1.3. (sec.20-ssec.3) A discharge of water, from the ship’s tank, taken on as ballast water after a procedure mentioned in subsection (1) or (2) and containing residue of the category Y substance or category Z substance, is exempt from the operation of the discharge offence if— for a discharge made when the ship is at least 12n miles from the nearest land and in water at least 25m deep—the discharge of water does not contain more than 1 part in 1,000,000 parts of the substance; or otherwise—the conditions in section 22 for the discharge are complied with.
This section applies if— a ship’s tank has held a category Y substance or a category Z substance; and the tank has been cleaned using a ventilation procedure approved for the ship, in accordance with Annex II, Appendix VII under Annex II, regulation 13.3. A discharge of water from the ship’s tank, taken on after the ventilation procedure and containing residue of the category Y substance or category Z substance, is exempt from the operation of the discharge offence. (sec.21-ssec.1) This section applies if— a ship’s tank has held a category Y substance or a category Z substance; and the tank has been cleaned using a ventilation procedure approved for the ship, in accordance with Annex II, Appendix VII under Annex II, regulation 13.3. (sec.21-ssec.2) A discharge of water from the ship’s tank, taken on after the ventilation procedure and containing residue of the category Y substance or category Z substance, is exempt from the operation of the discharge offence.
For sections 16 (3) and 20 (3) (b) , the conditions for a discharge are— the discharge is made when the ship is proceeding en route at a speed of— if the ship is self-propelled—at least 7kn; or otherwise—at least 4kn; and the discharge is made from 1 or more discharge outlets below the water line of the ship at a rate that is not more than the maximum rate for which each discharge outlet is designed; and the discharge is made when the ship is at least 12n miles from the nearest land; and the discharge is made in water at least 25m deep. However, if the discharge is of a category Z substance and the ship was constructed before 1 January 2007, subsection (1) (b) does not apply. (sec.22-ssec.1) For sections 16 (3) and 20 (3) (b) , the conditions for a discharge are— the discharge is made when the ship is proceeding en route at a speed of— if the ship is self-propelled—at least 7kn; or otherwise—at least 4kn; and the discharge is made from 1 or more discharge outlets below the water line of the ship at a rate that is not more than the maximum rate for which each discharge outlet is designed; and the discharge is made when the ship is at least 12n miles from the nearest land; and the discharge is made in water at least 25m deep. (sec.22-ssec.2) However, if the discharge is of a category Z substance and the ship was constructed before 1 January 2007, subsection (1) (b) does not apply.
This division applies to a trading ship— carrying liquid substances in bulk; and proceeding en route on a voyage other than an overseas voyage.
The ship’s owner and master must ensure— the ship carries a cargo record book in which an entry can be made as required under section 26 ; and the cargo record book is readily available for inspection at all reasonable times. If the cargo record book is not carried and readily available for inspection as required under subsection (1) , the ship’s owner and master each commit an offence. Maximum penalty—350 penalty units. The ship’s owner and master must ensure a cargo record book for the ship in which an entry has been made— is kept on board the ship until the day that is 3 years from the day the last entry in the record book is made; and is, until the day mentioned in paragraph (a) , readily available for inspection at all reasonable times. If the cargo record book is not kept on board the ship and readily available for inspection as required under subsection (3) , the ship’s owner and master each commit an offence. Maximum penalty—350 penalty units. (sec.24-ssec.1) The ship’s owner and master must ensure— the ship carries a cargo record book in which an entry can be made as required under section 26 ; and the cargo record book is readily available for inspection at all reasonable times. (sec.24-ssec.2) If the cargo record book is not carried and readily available for inspection as required under subsection (1) , the ship’s owner and master each commit an offence. Maximum penalty—350 penalty units. (sec.24-ssec.3) The ship’s owner and master must ensure a cargo record book for the ship in which an entry has been made— is kept on board the ship until the day that is 3 years from the day the last entry in the record book is made; and is, until the day mentioned in paragraph (a) , readily available for inspection at all reasonable times. (sec.24-ssec.4) If the cargo record book is not kept on board the ship and readily available for inspection as required under subsection (3) , the ship’s owner and master each commit an offence. Maximum penalty—350 penalty units.
A cargo record book must be in the form prescribed under the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 (Cwlth) , section 23 (3) .
If a recordable operation or recordable event is performed or happens in, or in relation to, the ship, the ship’s master must make an entry under subsection (2) about the operation or event in the ship’s cargo record book without delay. Maximum penalty—350 penalty units. The entry must be— in English; and signed by— if the entry is about a recordable operation—the officer or other person in charge of the operation; or if the entry is about a recordable event—the person in control of the ship. When a page of the ship’s cargo record book is completed, the ship’s master must sign the page without delay. Maximum penalty—350 penalty units. In this section— recordable event means a recordable event mentioned in schedule 1 , part 2 , section 5 . recordable operation means a recordable operation mentioned in schedule 1 , part 2 , section 4 . (sec.26-ssec.1) If a recordable operation or recordable event is performed or happens in, or in relation to, the ship, the ship’s master must make an entry under subsection (2) about the operation or event in the ship’s cargo record book without delay. Maximum penalty—350 penalty units. (sec.26-ssec.2) The entry must be— in English; and signed by— if the entry is about a recordable operation—the officer or other person in charge of the operation; or if the entry is about a recordable event—the person in control of the ship. (sec.26-ssec.3) When a page of the ship’s cargo record book is completed, the ship’s master must sign the page without delay. Maximum penalty—350 penalty units. (sec.26-ssec.4) In this section— recordable event means a recordable event mentioned in schedule 1 , part 2 , section 5 . recordable operation means a recordable operation mentioned in schedule 1 , part 2 , section 4 .
The purpose of this part is to provide for matters for part 6 of the Act . See section 41 of the Act in relation to the words and expressions used in Annex III to MARPOL.
For section 43 (b) of the Act , the prescribed procedures are the procedures under the International Maritime Dangerous Goods Code, chapter 7 .8 that are suitable for washing leakages overboard. The International Maritime Dangerous Goods Code is published by the IMO. Information about the resolutions made by the IMO is published on the Australian Maritime Safety Authority’s website. To work out whether a procedure is suitable under subsection (1) , regard must be had to the physical, chemical and biological properties of the leaked substance. (sec.28-ssec.1) For section 43 (b) of the Act , the prescribed procedures are the procedures under the International Maritime Dangerous Goods Code, chapter 7 .8 that are suitable for washing leakages overboard. The International Maritime Dangerous Goods Code is published by the IMO. Information about the resolutions made by the IMO is published on the Australian Maritime Safety Authority’s website. (sec.28-ssec.2) To work out whether a procedure is suitable under subsection (1) , regard must be had to the physical, chemical and biological properties of the leaked substance.
The purpose of this part is to provide for matters for part 7 of the Act . See section 46 of the Act in relation to the words and expressions used in Annex IV to MARPOL. Division 2 sets out matters relating to the discharge of sewage. Division 3 sets out matters relating to shipboard sewage management plans. Division 4 sets out matters relating to sewage disposal record books. Division 5 sets out matters relating to macerators. Division 6 sets out matters relating to treatment systems. (sec.29-ssec.1) The purpose of this part is to provide for matters for part 7 of the Act . See section 46 of the Act in relation to the words and expressions used in Annex IV to MARPOL. (sec.29-ssec.2) Division 2 sets out matters relating to the discharge of sewage. (sec.29-ssec.3) Division 3 sets out matters relating to shipboard sewage management plans. (sec.29-ssec.4) Division 4 sets out matters relating to sewage disposal record books. (sec.29-ssec.5) Division 5 sets out matters relating to macerators. (sec.29-ssec.6) Division 6 sets out matters relating to treatment systems.
In this part— macerator means a device or system that reduces solid wastes in sewage into, at least, a fine slurry. grinding, shredding or pulping
For section 47 (2) of the Act , the nil discharge waters for untreated sewage are the coastal waters stated in schedule 2 .
For section 48 (2) of the Act , the nil discharge waters for treated sewage are the coastal waters stated in schedule 3 .
For section 49 (4) of the Act , definition declared ship , section 49 of the Act applies to a ship that— has a fixed toilet; and is— a domestic commercial vessel with a certificate of operation issued, or taken to be issued, under the domestic commercial vessel national law stating the vessel is a class 1B, 1C, 1D, 1E, 4C, 4D or 4E ship; or an other Queensland regulated ship designed to carry more than 12 passengers.
For section 49 (3) of the Act , the nil discharge waters for treated sewage or untreated sewage from a declared ship are the coastal waters stated in schedule 4 .
A ship is declared for section 51 of the Act if— the ship has a fixed toilet; and the ship is— a domestic commercial vessel with a certificate of operation issued, or taken to be issued, under the domestic commercial vessel national law stating the vessel is a class 1B, 1C, 1D, 1E, 4C, 4D or 4E ship; or an other Queensland regulated ship designed to carry more than 12 passengers.
For section 51 (4) of the Act , the minimum requirements for a shipboard sewage management plan are— the plan must be in English; and the plan must state the following particulars— the name, registration number and class of ship to which the plan applies; the size and type of the ship; the way the plan provides for the management of shipboard sewage and prevents the unlawful discharge of sewage from the ship; the waters, if any, in which the ship may lawfully discharge sewage; the equipment the ship is fitted with for holding or treating sewage; the operating and maintenance instructions for the equipment; how the equipment is to be operated to prevent the unlawful discharge of sewage into waters in which the ship is operating; the way the equipment is to be maintained and checked to ensure it is in proper working order.
This division applies to a declared ship under section 49 of the Act .
The ship’s owner and master must ensure— the ship carries a sewage disposal record book in which an entry can be made as required under section 39 ; and the sewage disposal record book is readily available for inspection at all reasonable times. If the sewage disposal record book is not carried and readily available for inspection as required under subsection (1) , the ship’s owner and master each commit an offence. Maximum penalty—350 penalty units. The ship’s owner and master must ensure a sewage disposal record book for the ship in which an entry has been made— is kept on board the ship until the day that is 3 years from the day the last entry in the record book is made; and is, until the day mentioned in paragraph (a) , readily available for inspection at all reasonable times. If the sewage disposal record book is not kept on board the ship and readily available for inspection as required under subsection (3) , the ship’s owner and master each commit an offence. Maximum penalty—350 penalty units. (sec.38-ssec.1) The ship’s owner and master must ensure— the ship carries a sewage disposal record book in which an entry can be made as required under section 39 ; and the sewage disposal record book is readily available for inspection at all reasonable times. (sec.38-ssec.2) If the sewage disposal record book is not carried and readily available for inspection as required under subsection (1) , the ship’s owner and master each commit an offence. Maximum penalty—350 penalty units. (sec.38-ssec.3) The ship’s owner and master must ensure a sewage disposal record book for the ship in which an entry has been made— is kept on board the ship until the day that is 3 years from the day the last entry in the record book is made; and is, until the day mentioned in paragraph (a) , readily available for inspection at all reasonable times. (sec.38-ssec.4) If the sewage disposal record book is not kept on board the ship and readily available for inspection as required under subsection (3) , the ship’s owner and master each commit an offence. Maximum penalty—350 penalty units.
If sewage in the ship’s sewage holding device is discharged, the ship’s master or other person in control of the discharge must make an appropriate entry under subsection (2) about the discharge in the ship’s sewage disposal record book. Maximum penalty—350 penalty units. The entry must— state the date, time, place and volume, in litres, of each discharge; and if the discharge is at sea—state the latitude and longitude of the place of the discharge; and be in English; and be signed by the ship’s master or other person in control of the discharge. When a page of the ship’s sewage disposal record book is completed, the ship’s master must sign the page without delay. Maximum penalty—350 penalty units. (sec.39-ssec.1) If sewage in the ship’s sewage holding device is discharged, the ship’s master or other person in control of the discharge must make an appropriate entry under subsection (2) about the discharge in the ship’s sewage disposal record book. Maximum penalty—350 penalty units. (sec.39-ssec.2) The entry must— state the date, time, place and volume, in litres, of each discharge; and if the discharge is at sea—state the latitude and longitude of the place of the discharge; and be in English; and be signed by the ship’s master or other person in control of the discharge. (sec.39-ssec.3) When a page of the ship’s sewage disposal record book is completed, the ship’s master must sign the page without delay. Maximum penalty—350 penalty units.
This section applies if a ship— is in coastal waters; and has a fixed toilet. However, this section does not apply to a declared ship under section 49 of the Act that— operates only in nil discharge waters for section 49 of the Act ; and discharges sewage only into a reception facility. The ship’s owner must ensure— the ship is fitted with a macerator; and sewage cannot bypass the macerator. Maximum penalty—350 penalty units. A discharge point must not be fitted in-line to bypass the macerator. Subsection (3) does not apply if the fixed toilet is a composting toilet. The ship’s master must ensure sewage is not discharged from a toilet into coastal waters unless the sewage has passed through a macerator. Maximum penalty—350 penalty units. However, subsection (5) does not apply to coastal waters that are nil discharge waters under section 47 , 48 or 49 of the Act . Sewage cannot be discharged into nil discharge waters—see sections 47 , 48 and 49 of the Act . In this section— reception facility means a facility for holding or receiving sewage for disposal. (sec.40-ssec.1) This section applies if a ship— is in coastal waters; and has a fixed toilet. (sec.40-ssec.2) However, this section does not apply to a declared ship under section 49 of the Act that— operates only in nil discharge waters for section 49 of the Act ; and discharges sewage only into a reception facility. (sec.40-ssec.3) The ship’s owner must ensure— the ship is fitted with a macerator; and sewage cannot bypass the macerator. Maximum penalty—350 penalty units. A discharge point must not be fitted in-line to bypass the macerator. (sec.40-ssec.4) Subsection (3) does not apply if the fixed toilet is a composting toilet. (sec.40-ssec.5) The ship’s master must ensure sewage is not discharged from a toilet into coastal waters unless the sewage has passed through a macerator. Maximum penalty—350 penalty units. (sec.40-ssec.6) However, subsection (5) does not apply to coastal waters that are nil discharge waters under section 47 , 48 or 49 of the Act . Sewage cannot be discharged into nil discharge waters—see sections 47 , 48 and 49 of the Act . (sec.40-ssec.7) In this section— reception facility means a facility for holding or receiving sewage for disposal.
In this division— analyses means analyses of the levels of sewage quality characteristics remaining in sewage after it has been treated in a treatment system for grade A treated sewage, grade B treated sewage or grade C treated sewage. independent testing entity means an entity that— is accredited by NATA as competent to perform analyses; and performs analyses in Australia. NATA means the National Association of Testing Authorities Australia ABN 59 004 379 748. system service manual , for a treatment system, means a comprehensive and durable manual that states the following particulars for the treatment system— operating instructions; maintenance schedules and requirements; authorised service providers.
The system documentation required for a treatment system is either— documentation from the treatment system’s manufacturer or supplier stating— the treatment system’s performance specifications under normal operating conditions; and information about the independent testing entity that performed analyses of sewage after it had been treated in the treatment system, including— the name and address of the entity; and the date and the results of the entity’s assessment; or documentation the general manager is satisfied is equivalent to the documentation mentioned in paragraph (a) . For subsection (1) (b) , the general manager may, on application of the ship’s owner or master, approve documentation for a ship’s treatment system as being equivalent to documentation from the treatment system’s manufacturer or supplier. See part 12 , division 1 for obtaining, amending, suspending and cancelling approvals. Without limiting section 69 , an application under subsection (2) must state the grounds for the application. (sec.42-ssec.1) The system documentation required for a treatment system is either— documentation from the treatment system’s manufacturer or supplier stating— the treatment system’s performance specifications under normal operating conditions; and information about the independent testing entity that performed analyses of sewage after it had been treated in the treatment system, including— the name and address of the entity; and the date and the results of the entity’s assessment; or documentation the general manager is satisfied is equivalent to the documentation mentioned in paragraph (a) . (sec.42-ssec.2) For subsection (1) (b) , the general manager may, on application of the ship’s owner or master, approve documentation for a ship’s treatment system as being equivalent to documentation from the treatment system’s manufacturer or supplier. See part 12 , division 1 for obtaining, amending, suspending and cancelling approvals. (sec.42-ssec.3) Without limiting section 69 , an application under subsection (2) must state the grounds for the application.
This section applies to a ship that— is operating in coastal waters; and is fitted with a treatment system. The ship’s owner and master must ensure the treatment system— is maintained, at least, at the intervals and in the way required by the system service manual for the treatment system; and is assessed by analysing sewage, in accordance with subsection (4) , after it has been treated in the treatment system. If the treatment system is not maintained and assessed as required under this section, the ship’s owner and master each commit an offence. Maximum penalty—350 penalty units. For subsection (2) (b) , the assessment must— be performed— by an independent testing entity; and at the intervals stated in subsection (5) after the day the treatment system is fitted to the ship; and use a sample that is not diluted after it has been treated in the treatment system; and show the levels of sewage quality characteristics remaining in the sewage after it has been treated in the treatment system are not more than the levels for the grade of treated sewage stated in schedule 5 for the treatment system. For subsection (4) (a) (ii) , the intervals are— for a ship that is a declared ship under section 49 of the Act — at least annually for the first 2 years; and afterwards, at least every 2 years; or for another ship— at least once in the first 5 years; and afterwards, at least every 2 years. (sec.43-ssec.1) This section applies to a ship that— is operating in coastal waters; and is fitted with a treatment system. (sec.43-ssec.2) The ship’s owner and master must ensure the treatment system— is maintained, at least, at the intervals and in the way required by the system service manual for the treatment system; and is assessed by analysing sewage, in accordance with subsection (4) , after it has been treated in the treatment system. (sec.43-ssec.3) If the treatment system is not maintained and assessed as required under this section, the ship’s owner and master each commit an offence. Maximum penalty—350 penalty units. (sec.43-ssec.4) For subsection (2) (b) , the assessment must— be performed— by an independent testing entity; and at the intervals stated in subsection (5) after the day the treatment system is fitted to the ship; and use a sample that is not diluted after it has been treated in the treatment system; and show the levels of sewage quality characteristics remaining in the sewage after it has been treated in the treatment system are not more than the levels for the grade of treated sewage stated in schedule 5 for the treatment system. (sec.43-ssec.5) For subsection (4) (a) (ii) , the intervals are— for a ship that is a declared ship under section 49 of the Act — at least annually for the first 2 years; and afterwards, at least every 2 years; or for another ship— at least once in the first 5 years; and afterwards, at least every 2 years.
This section applies to a ship that— is operating in coastal waters; and is fitted with a treatment system. The ship’s owner and master must ensure the system documentation and system service manual (the relevant documents ) for the treatment system— are kept on board; and are readily available for inspection at all reasonable times. If the relevant documents are not kept and readily available for inspection as required under subsection (2) , the ship’s owner and master each commit an offence. Maximum penalty—350 penalty units. Also, the ship’s owner and master must ensure— written service records for the treatment system are kept; and the service records— are kept on board; and are readily available for inspection at all reasonable times. If the service records are not kept and readily available as required under subsection (4) , the ship’s owner and master each commit an offence. Maximum penalty—350 penalty units. In this section— service records , for a treatment system, means the following particulars about the maintenance or assessment of the treatment system required under section 43 — for maintenance of the treatment system— the name of the authorised service provider that performed the maintenance; and the date the maintenance was performed and details of any significant maintenance carried out on the treatment system; for an assessment of the treatment system— the name of the independent testing entity that performed the assessment; and the date and results of the assessment. (sec.44-ssec.1) This section applies to a ship that— is operating in coastal waters; and is fitted with a treatment system. (sec.44-ssec.2) The ship’s owner and master must ensure the system documentation and system service manual (the relevant documents ) for the treatment system— are kept on board; and are readily available for inspection at all reasonable times. (sec.44-ssec.3) If the relevant documents are not kept and readily available for inspection as required under subsection (2) , the ship’s owner and master each commit an offence. Maximum penalty—350 penalty units. (sec.44-ssec.4) Also, the ship’s owner and master must ensure— written service records for the treatment system are kept; and the service records— are kept on board; and are readily available for inspection at all reasonable times. (sec.44-ssec.5) If the service records are not kept and readily available as required under subsection (4) , the ship’s owner and master each commit an offence. Maximum penalty—350 penalty units. (sec.44-ssec.6) In this section— service records , for a treatment system, means the following particulars about the maintenance or assessment of the treatment system required under section 43 — for maintenance of the treatment system— the name of the authorised service provider that performed the maintenance; and the date the maintenance was performed and details of any significant maintenance carried out on the treatment system; for an assessment of the treatment system— the name of the independent testing entity that performed the assessment; and the date and results of the assessment.
For the Act , schedule 1 , definition treated sewage , the levels of sewage quality characteristics in treated sewage are stated in schedule 5 .
For the Act , schedule 1 , definition treatment system , paragraph (b) , the standard is stated in subsection (2) . The treatment system must— have a durable label attached to it stating— the manufacturer’s name and address; and the type and model number of the treatment system; and be installed in accordance with the manufacturer’s instructions; and be fitted with an indicator that shows if the treatment system is malfunctioning as defined in section 51B of the Act ; and if sewage entering the treatment system is not macerated before it enters the treatment system—be fitted with a macerator that macerates the sewage before the treatment system’s main treatment process starts to treat the sewage. (sec.46-ssec.1) For the Act , schedule 1 , definition treatment system , paragraph (b) , the standard is stated in subsection (2) . (sec.46-ssec.2) The treatment system must— have a durable label attached to it stating— the manufacturer’s name and address; and the type and model number of the treatment system; and be installed in accordance with the manufacturer’s instructions; and be fitted with an indicator that shows if the treatment system is malfunctioning as defined in section 51B of the Act ; and if sewage entering the treatment system is not macerated before it enters the treatment system—be fitted with a macerator that macerates the sewage before the treatment system’s main treatment process starts to treat the sewage.
The purpose of this part is to provide for matters for part 8 of the Act . See section 54 of the Act in relation to the words and expressions used in Annex V. See also Annex V for the meaning of particular words and expressions used in this part such as cargo residues, en route and nearest land. A map showing nearest land as mentioned in this part is available on the Australian Maritime Safety Authority’s website. Division 2 sets out matters relating to shipboard waste management plans. Division 3 sets out disposals that are, for section 57 (1) of the Act , exempt from the operation of the discharge offence in section 55 (1) of the Act . (sec.47-ssec.1) The purpose of this part is to provide for matters for part 8 of the Act . See section 54 of the Act in relation to the words and expressions used in Annex V. See also Annex V for the meaning of particular words and expressions used in this part such as cargo residues, en route and nearest land. A map showing nearest land as mentioned in this part is available on the Australian Maritime Safety Authority’s website. (sec.47-ssec.2) Division 2 sets out matters relating to shipboard waste management plans. (sec.47-ssec.3) Division 3 sets out disposals that are, for section 57 (1) of the Act , exempt from the operation of the discharge offence in section 55 (1) of the Act .
In this part— animal carcass means the body of an animal that— is carried on board as cargo; and dies or is euthanised during the voyage. food waste — means spoiled or unspoiled food substances generated aboard ship, including fruits, vegetables, dairy products, poultry, meat products and food scraps; but does not include an animal carcass. relevant platform means a fixed or floating structure located at sea that is engaged in the exploration, exploitation or associated offshore processing of seabed mineral resources.
For section 55A (4) of the Act , the minimum requirements for a shipboard waste management plan are— the plan and any entries in the plan must be in English; and the plan must comply with the requirements for a garbage management plan under the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 (Cwlth) , section 26FC (3) .
This section applies to garbage that— is food waste; and has been comminuted or ground before it is disposed of, so it is capable of passing through a screen with openings no greater than 25mm. A disposal of the garbage from a ship is exempt from the operation of the discharge offence if the disposal happens— when— the ship is alongside, or within 500m of, a relevant platform; and the relevant platform is located more than 12n miles from the nearest land; or when— the ship is proceeding en route; and the ship is as far as practicable, and at least 3n miles, from the nearest land; or when— the retention of the garbage presents an imminent health risk to persons on board the ship; and the ship is as far as practicable, and at least 3n miles, from the nearest land. (sec.50-ssec.1) This section applies to garbage that— is food waste; and has been comminuted or ground before it is disposed of, so it is capable of passing through a screen with openings no greater than 25mm. (sec.50-ssec.2) A disposal of the garbage from a ship is exempt from the operation of the discharge offence if the disposal happens— when— the ship is alongside, or within 500m of, a relevant platform; and the relevant platform is located more than 12n miles from the nearest land; or when— the ship is proceeding en route; and the ship is as far as practicable, and at least 3n miles, from the nearest land; or when— the retention of the garbage presents an imminent health risk to persons on board the ship; and the ship is as far as practicable, and at least 3n miles, from the nearest land.
This section applies to garbage that is food waste that has not been comminuted or ground in the way mentioned in section 50 (1) (b) . A disposal of the garbage from a ship is exempt from the operation of the discharge offence if the disposal happens when the ship is as far as practicable, and at least 12n miles, from the nearest land and either— the ship is proceeding en route; or retention of the garbage presents an imminent health risk to persons on board the ship. (sec.51-ssec.1) This section applies to garbage that is food waste that has not been comminuted or ground in the way mentioned in section 50 (1) (b) . (sec.51-ssec.2) A disposal of the garbage from a ship is exempt from the operation of the discharge offence if the disposal happens when the ship is as far as practicable, and at least 12n miles, from the nearest land and either— the ship is proceeding en route; or retention of the garbage presents an imminent health risk to persons on board the ship.
Despite sections 50 and 51 , a disposal of garbage that is food waste is exempt from the operation of the discharge offence if the disposal is— not prohibited under another law; and of a small quantity for the specific purpose of feeding fish for fishing or tourist operations.
This section applies to garbage that is cargo residue. A disposal of the garbage from a ship is exempt from the operation of the discharge offence if— the disposal happens when— the ship is proceeding en route; and the ship is as far as practicable, and at least 12n miles, from the nearest land; and the garbage cannot be recovered using commonly available methods for unloading; and the garbage is classified as not harmful to the marine environment. For subsection (2) (c) , the garbage is classified as not harmful to the marine environment if— for garbage that is residue from solid bulk cargo—the ship’s master has been given a declaration, under the IMSBC Code, stating the solid bulk cargo relating to the residue has been classified as not harmful to the marine environment; or for other garbage—the garbage does not contain substances classified as harmful to the marine environment under the criteria stated in Annex V, Appendix I. In this section— IMSBC Code means the International Maritime Solid Bulk Cargoes Code. The IMSBC Code is published by the IMO. Information about resolutions made by the IMO is published on the Australian Maritime Safety Authority’s website. solid bulk cargo — means solid bulk cargo as defined in regulation VI/1-1.2 of the International Convention for the Safety of Life at Sea 1974; but does not include grain. (sec.53-ssec.1) This section applies to garbage that is cargo residue. (sec.53-ssec.2) A disposal of the garbage from a ship is exempt from the operation of the discharge offence if— the disposal happens when— the ship is proceeding en route; and the ship is as far as practicable, and at least 12n miles, from the nearest land; and the garbage cannot be recovered using commonly available methods for unloading; and the garbage is classified as not harmful to the marine environment. (sec.53-ssec.3) For subsection (2) (c) , the garbage is classified as not harmful to the marine environment if— for garbage that is residue from solid bulk cargo—the ship’s master has been given a declaration, under the IMSBC Code, stating the solid bulk cargo relating to the residue has been classified as not harmful to the marine environment; or for other garbage—the garbage does not contain substances classified as harmful to the marine environment under the criteria stated in Annex V, Appendix I. (sec.53-ssec.4) In this section— IMSBC Code means the International Maritime Solid Bulk Cargoes Code. The IMSBC Code is published by the IMO. Information about resolutions made by the IMO is published on the Australian Maritime Safety Authority’s website. solid bulk cargo — means solid bulk cargo as defined in regulation VI/1-1.2 of the International Convention for the Safety of Life at Sea 1974; but does not include grain.
This section applies to garbage that is an animal carcass. A disposal of the garbage from a ship is exempt from the operation of the discharge offence if— the disposal happens when— the ship is as far as practicable from the nearest land; and the ship is proceeding en route; and the disposal is done as required by the guidelines for the implementation of Annex V developed by the IMO. The guidelines for the implementation of Annex V are published on the IMO’s website. (sec.54-ssec.1) This section applies to garbage that is an animal carcass. (sec.54-ssec.2) A disposal of the garbage from a ship is exempt from the operation of the discharge offence if— the disposal happens when— the ship is as far as practicable from the nearest land; and the ship is proceeding en route; and the disposal is done as required by the guidelines for the implementation of Annex V developed by the IMO. The guidelines for the implementation of Annex V are published on the IMO’s website.
This section applies to garbage that— is a cleaning agent or additive contained in water used to wash the cargo hold of a ship, the deck of a ship or other external surfaces of a ship; and is not harmful to the marine environment under the guidelines for the implementation of Annex V developed by the IMO. The guidelines for the implementation of Annex V are published on the IMO’s website. A disposal of the garbage is exempt from the operation of the discharge offence. (sec.55-ssec.1) This section applies to garbage that— is a cleaning agent or additive contained in water used to wash the cargo hold of a ship, the deck of a ship or other external surfaces of a ship; and is not harmful to the marine environment under the guidelines for the implementation of Annex V developed by the IMO. The guidelines for the implementation of Annex V are published on the IMO’s website. (sec.55-ssec.2) A disposal of the garbage is exempt from the operation of the discharge offence.
The purpose of this part is to provide for matters for part 9 of the Act . See section 60 of the Act in relation to the words and expressions used in Annex I and II to MARPOL.
For section 65 (2) of the Act , the records that must be kept are— if a transfer operation involves oil—the records the person is required to keep in an oil record book under section 13 ; or if a transfer operation involves a noxious liquid substance—the records the person is required to keep in a cargo record book under section 26 . For section 65 (3) of the Act , the person must record the transfer operation— if the transfer operation involves oil—in the way mentioned in section 13 (2) ; or if the transfer operation involves a noxious liquid substance—in the way mentioned in section 26 (2) . (sec.57-ssec.1) For section 65 (2) of the Act , the records that must be kept are— if a transfer operation involves oil—the records the person is required to keep in an oil record book under section 13 ; or if a transfer operation involves a noxious liquid substance—the records the person is required to keep in a cargo record book under section 26 . (sec.57-ssec.2) For section 65 (3) of the Act , the person must record the transfer operation— if the transfer operation involves oil—in the way mentioned in section 13 (2) ; or if the transfer operation involves a noxious liquid substance—in the way mentioned in section 26 (2) .
The purpose of this part is to provide for matters for part 11 of the Act .
For section 67 (2) and (3) of the Act , a reportable incident in relation to a ship may be notified to an authorised officer by communicating the reportable incident to a relevant person at— any of the following centres of MSQ— Brisbane Vessel Traffic Service Centre; Cairns Vessel Traffic Service Centre; Gladstone Vessel Traffic Service Centre; Hay Point Vessel Traffic Service Centre; Townsville Vessel Traffic Service Centre; or the Joint Rescue Coordination Centre, Australian Maritime Safety Authority. The communication must— start with the code word ‘POLREP’; and include the following information— the name of the ship and its flag of registry; if the ship has a call sign—the ship’s call sign; the size and type of the ship; the date and time of the reportable incident; the ship’s position when the reportable incident happened and at the time of the notification; the prevailing weather conditions when the reportable incident happened; the course and speed of the ship at the time of the notification; whether the ship has been damaged and, if so, the extent of the damage; if the reportable incident involved a discharge, probable discharge or jettisoning of a harmful substance—the type and extent of the discharge, probable discharge or jettisoning of the harmful substance, including the type of oil or the correct technical name of the noxious liquid substance or harmful substance in packaged form. In this section— communicating means communicating by email, fax, radio, telephone or telex. relevant person means an officer or employee of MSQ or the Australian Maritime Safety Authority. (sec.59-ssec.1) For section 67 (2) and (3) of the Act , a reportable incident in relation to a ship may be notified to an authorised officer by communicating the reportable incident to a relevant person at— any of the following centres of MSQ— Brisbane Vessel Traffic Service Centre; Cairns Vessel Traffic Service Centre; Gladstone Vessel Traffic Service Centre; Hay Point Vessel Traffic Service Centre; Townsville Vessel Traffic Service Centre; or the Joint Rescue Coordination Centre, Australian Maritime Safety Authority. (sec.59-ssec.2) The communication must— start with the code word ‘POLREP’; and include the following information— the name of the ship and its flag of registry; if the ship has a call sign—the ship’s call sign; the size and type of the ship; the date and time of the reportable incident; the ship’s position when the reportable incident happened and at the time of the notification; the prevailing weather conditions when the reportable incident happened; the course and speed of the ship at the time of the notification; whether the ship has been damaged and, if so, the extent of the damage; if the reportable incident involved a discharge, probable discharge or jettisoning of a harmful substance—the type and extent of the discharge, probable discharge or jettisoning of the harmful substance, including the type of oil or the correct technical name of the noxious liquid substance or harmful substance in packaged form. (sec.59-ssec.3) In this section— communicating means communicating by email, fax, radio, telephone or telex. relevant person means an officer or employee of MSQ or the Australian Maritime Safety Authority.
For section 67 (5) of the Act , a report under section 67 (4) of the Act must— include the information mentioned in section 59 (2) (b) ; and be given to an authorised officer within 48 hours after an authorised officer asks for the report.
The purpose of this part is to provide for matters for part 11A of the Act .
For section 67A (2) of the Act , the limits for an insurance policy are as follows— for an insurance policy for a domestic commercial vessel, or an other Queensland regulated ship that is more than 15m but less than 35m in length overall— for costs mentioned in section 67A (2) (a) of the Act —$500,000; and for costs mentioned in section 67A (2) (b) of the Act —$10m; for an insurance policy for a recreational ship that is more than 15m but less than 35m in length overall— for costs mentioned in section 67A (2) (a) of the Act —$250,000; and for costs mentioned in section 67A (2) (b) of the Act —$10m; for an insurance policy for a ship that is 35m or more in length overall—for costs mentioned in section 67A (2) of the Act —$10m. In this section— recreational ship see the Transport Operations (Marine Safety) Act 1994 , section 10B . (sec.62-ssec.1) For section 67A (2) of the Act , the limits for an insurance policy are as follows— for an insurance policy for a domestic commercial vessel, or an other Queensland regulated ship that is more than 15m but less than 35m in length overall— for costs mentioned in section 67A (2) (a) of the Act —$500,000; and for costs mentioned in section 67A (2) (b) of the Act —$10m; for an insurance policy for a recreational ship that is more than 15m but less than 35m in length overall— for costs mentioned in section 67A (2) (a) of the Act —$250,000; and for costs mentioned in section 67A (2) (b) of the Act —$10m; for an insurance policy for a ship that is 35m or more in length overall—for costs mentioned in section 67A (2) of the Act —$10m. (sec.62-ssec.2) In this section— recreational ship see the Transport Operations (Marine Safety) Act 1994 , section 10B .
This section applies to a ship in coastal waters. The ship’s owner must keep on board the ship a copy of— the certificate of insurance for an insurance policy required under section 67A (2) of the Act for the ship; or a document evidencing the currency of the insurance policy. Maximum penalty—20 penalty units. The copy of the certificate of insurance or other document required under subsection (2) must include information about whether the insurance policy— complies with the limits prescribed under section 62 for each of the costs mentioned in that section; and covers the costs stated in section 67A (2) of the Act . (sec.63-ssec.1) This section applies to a ship in coastal waters. (sec.63-ssec.2) The ship’s owner must keep on board the ship a copy of— the certificate of insurance for an insurance policy required under section 67A (2) of the Act for the ship; or a document evidencing the currency of the insurance policy. Maximum penalty—20 penalty units. (sec.63-ssec.3) The copy of the certificate of insurance or other document required under subsection (2) must include information about whether the insurance policy— complies with the limits prescribed under section 62 for each of the costs mentioned in that section; and covers the costs stated in section 67A (2) of the Act .
The purpose of this part is to provide for matters for part 12 of the Act .
For section 72 (1) (e) of the Act , the following persons are prescribed— an officer or employee of the Australian Maritime Safety Authority; an officer or employee of the Commonwealth department with responsibility for matters relating to transport; an officer or employee of the Great Barrier Reef Marine Park Authority; an officer or employee of a port operator; an officer or employee of a department or other entity that, under the law of another State, performs functions in relation to marine safety, ports or the environment; a police officer; See the Police Powers and Responsibilities Act 2000 , section 13 (2) . if an entity has entered into an agreement with MSQ or a port authority the purpose of which is to allow employees of the entity to be appointed as authorised persons—an employee of the entity. In this section— Great Barrier Reef Marine Park Authority means the Great Barrier Reef Marine Park Authority established under the Great Barrier Reef Marine Park Act 1975 (Cwlth) . (sec.65-ssec.1) For section 72 (1) (e) of the Act , the following persons are prescribed— an officer or employee of the Australian Maritime Safety Authority; an officer or employee of the Commonwealth department with responsibility for matters relating to transport; an officer or employee of the Great Barrier Reef Marine Park Authority; an officer or employee of a port operator; an officer or employee of a department or other entity that, under the law of another State, performs functions in relation to marine safety, ports or the environment; a police officer; See the Police Powers and Responsibilities Act 2000 , section 13 (2) . if an entity has entered into an agreement with MSQ or a port authority the purpose of which is to allow employees of the entity to be appointed as authorised persons—an employee of the entity. (sec.65-ssec.2) In this section— Great Barrier Reef Marine Park Authority means the Great Barrier Reef Marine Park Authority established under the Great Barrier Reef Marine Park Act 1975 (Cwlth) .
For section 110 (4) of the Act , a court must take the following matters into account— whether the exercise of a power under part 12 of the Act was to prevent a threat to human life or damage or possible damage to the environment or property; whether the exercise of the power was negligent; whether, at the time of the exercise of the power, it was reasonably foreseeable that the person claiming compensation would be adversely affected by the exercise of the power; the level of knowledge of an authorised officer at the time of the exercise of the power. In this section— exercise , of a power, includes purported exercise of the power. (sec.66-ssec.1) For section 110 (4) of the Act , a court must take the following matters into account— whether the exercise of a power under part 12 of the Act was to prevent a threat to human life or damage or possible damage to the environment or property; whether the exercise of the power was negligent; whether, at the time of the exercise of the power, it was reasonably foreseeable that the person claiming compensation would be adversely affected by the exercise of the power; the level of knowledge of an authorised officer at the time of the exercise of the power. (sec.66-ssec.2) In this section— exercise , of a power, includes purported exercise of the power.
For section 117L (2) of the Act , the place is the general manager’s office in Brisbane. Details of the address of the general manager’s office are available on Maritime Safety Queensland’s website.
In this division— applicant means— if a provision states a ship’s owner may apply for an approval—the ship’s owner; or if a provision states a ship’s master may apply for an approval—the ship’s master. approval means an approval that may be given by the general manager under section 18 or 42 . marine pollution legislation means— the Act ; or a law of the Commonwealth or a State about marine pollution.
An applicant may apply to the general manager for an approval. The application must— be written; and be supported by enough information to enable the general manager to decide the application. (sec.69-ssec.1) An applicant may apply to the general manager for an approval. (sec.69-ssec.2) The application must— be written; and be supported by enough information to enable the general manager to decide the application.
The general manager must decide an application for an approval under section 18 without undue delay (the relevant time ) after the application is made. The general manager must decide an application for an approval under section 42 within 30 days (also the relevant time ) after the application is made. However, if within the relevant time the general manager has told an applicant the application is not supported by enough information to enable the general manager to decide the application, the general manager may request further information. Despite subsections (1) and (2) , the general manager must decide the application— for an approval under section 18 —without undue delay after the request for further information is made; or for an approval under section 42 —within 30 days after the further information is given to the general manager. (sec.70-ssec.1) The general manager must decide an application for an approval under section 18 without undue delay (the relevant time ) after the application is made. (sec.70-ssec.2) The general manager must decide an application for an approval under section 42 within 30 days (also the relevant time ) after the application is made. (sec.70-ssec.3) However, if within the relevant time the general manager has told an applicant the application is not supported by enough information to enable the general manager to decide the application, the general manager may request further information. (sec.70-ssec.4) Despite subsections (1) and (2) , the general manager must decide the application— for an approval under section 18 —without undue delay after the request for further information is made; or for an approval under section 42 —within 30 days after the further information is given to the general manager.
If the general manager decides to give the approval applied for, the general manager must give the applicant written notice of the approval— for an approval under section 18 —without undue delay; or for an approval under section 42 —within 30 days after making the decision to give the approval. The notice must include— details identifying the approval holder and the ship to which the approval relates; and the term of the approval; and any condition to which the approval is subject under section 73 . (sec.71-ssec.1) If the general manager decides to give the approval applied for, the general manager must give the applicant written notice of the approval— for an approval under section 18 —without undue delay; or for an approval under section 42 —within 30 days after making the decision to give the approval. (sec.71-ssec.2) The notice must include— details identifying the approval holder and the ship to which the approval relates; and the term of the approval; and any condition to which the approval is subject under section 73 .
The term of an approval is the term stated in it. However, the term of an approval given under section 42 is unlimited. (sec.72-ssec.1) The term of an approval is the term stated in it. (sec.72-ssec.2) However, the term of an approval given under section 42 is unlimited.
The general manager may give an approval on conditions the general manager considers reasonable and relevant.
If the general manager decides to refuse an application for an approval, the general manager must give the applicant written notice of the refusal— for a refusal under section 18 —without undue delay; or for a refusal under section 42 —within 30 days after making the decision to refuse the application. Without limiting subsection (1) , the general manager may refuse an application for an approval if the general manager is satisfied— the applicant has contravened marine pollution legislation; or the applicant has had another approval under the Act cancelled or suspended. The notice must state— the reasons for the refusal; and that the person may apply for a review of the general manager’s decision under part 13B of the Act . (sec.74-ssec.1) If the general manager decides to refuse an application for an approval, the general manager must give the applicant written notice of the refusal— for a refusal under section 18 —without undue delay; or for a refusal under section 42 —within 30 days after making the decision to refuse the application. (sec.74-ssec.2) Without limiting subsection (1) , the general manager may refuse an application for an approval if the general manager is satisfied— the applicant has contravened marine pollution legislation; or the applicant has had another approval under the Act cancelled or suspended. (sec.74-ssec.3) The notice must state— the reasons for the refusal; and that the person may apply for a review of the general manager’s decision under part 13B of the Act .
The general manager may amend, suspend or cancel an approval on any of the following grounds— the approval holder has contravened marine pollution legislation; the approval holder has had another approval cancelled or suspended; the approval holder has not complied with a condition of the approval; notice of the approval was given because of a document or representation that was— false or misleading; or obtained or made in another improper way; for an approval under section 42 —the system documentation no longer includes the documentation the general manager approved as equivalent to documentation from the treatment system’s manufacturer or supplier.
This section applies if the general manager considers there is a ground to amend, suspend or cancel an approval (the proposed action ). Before taking the proposed action, the general manager must give the approval holder a written notice stating— the proposed action; and the grounds for the proposed action; and an outline of the facts and circumstances that are the basis of the grounds; and if the proposed action is suspension of the approval, the proposed suspension period; and that the approval holder may show, within a stated reasonable time of at least 30 days after the notice is given, why the proposed action should not be taken. The general manager must consider all representations made in the stated time and decide whether there is a ground to take the proposed action. If satisfied there is a ground, the general manager may— if the proposed action was to amend the approval—amend the approval; or if the proposed action was to suspend the approval—suspend the approval for no longer than the period stated in the notice; or if the proposed action was to cancel the approval—amend the approval, suspend it for a period or cancel it. The general manager must give the approval holder written notice of the decision. If the general manager decides to amend, suspend or cancel the approval, the notice must state— the reasons for the decision; and that the approval holder may apply for a review of the general manager’s decision under part 13B of the Act . The decision takes effect on the day the notice is given to the approval holder or, if a later day is stated in the notice, the later day. (sec.76-ssec.1) This section applies if the general manager considers there is a ground to amend, suspend or cancel an approval (the proposed action ). (sec.76-ssec.2) Before taking the proposed action, the general manager must give the approval holder a written notice stating— the proposed action; and the grounds for the proposed action; and an outline of the facts and circumstances that are the basis of the grounds; and if the proposed action is suspension of the approval, the proposed suspension period; and that the approval holder may show, within a stated reasonable time of at least 30 days after the notice is given, why the proposed action should not be taken. (sec.76-ssec.3) The general manager must consider all representations made in the stated time and decide whether there is a ground to take the proposed action. (sec.76-ssec.4) If satisfied there is a ground, the general manager may— if the proposed action was to amend the approval—amend the approval; or if the proposed action was to suspend the approval—suspend the approval for no longer than the period stated in the notice; or if the proposed action was to cancel the approval—amend the approval, suspend it for a period or cancel it. (sec.76-ssec.5) The general manager must give the approval holder written notice of the decision. (sec.76-ssec.6) If the general manager decides to amend, suspend or cancel the approval, the notice must state— the reasons for the decision; and that the approval holder may apply for a review of the general manager’s decision under part 13B of the Act . (sec.76-ssec.7) The decision takes effect on the day the notice is given to the approval holder or, if a later day is stated in the notice, the later day.
Despite section 76 , if the general manager reasonably suspects it is necessary for the protection of Queensland’s marine and coastal environment, the general manager may, by written notice to an approval holder, immediately suspend the approval until the earlier of the following— the general manager informs the holder of the general manager’s decision after complying with section 76 ; the end of 60 days after the notice is given to the holder. The notice must state— the reasons for the decision; and that the approval holder may apply for a review of the general manager’s decision under part 13B of the Act . (sec.77-ssec.1) Despite section 76 , if the general manager reasonably suspects it is necessary for the protection of Queensland’s marine and coastal environment, the general manager may, by written notice to an approval holder, immediately suspend the approval until the earlier of the following— the general manager informs the holder of the general manager’s decision after complying with section 76 ; the end of 60 days after the notice is given to the holder. (sec.77-ssec.2) The notice must state— the reasons for the decision; and that the approval holder may apply for a review of the general manager’s decision under part 13B of the Act .
This section applies if an analyst takes or receives a sample of a pollutant, substance or thing. An analyst’s report mentioned in section 118 (7) of the Act must be prepared as soon as practicable after taking or receiving the sample. The report must state all of the following matters— the name of the analyst; if the analyst received the sample—the name of the person from whom the sample was received; when the sample was taken or received; the way in which, or the means by which, the sample was identified when taken or received; if the sample was in a container when it was taken or received—a description of the container. (sec.78-ssec.1) This section applies if an analyst takes or receives a sample of a pollutant, substance or thing. (sec.78-ssec.2) An analyst’s report mentioned in section 118 (7) of the Act must be prepared as soon as practicable after taking or receiving the sample. (sec.78-ssec.3) The report must state all of the following matters— the name of the analyst; if the analyst received the sample—the name of the person from whom the sample was received; when the sample was taken or received; the way in which, or the means by which, the sample was identified when taken or received; if the sample was in a container when it was taken or received—a description of the container.
For the Act , schedule 1 , definition designated area , paragraph (d) , the area is the area mentioned in schedule 6 .
The Transport Operations (Marine Pollution) Regulation 2008 , SL No. 254 is repealed.
In this division— repealed regulation means the repealed Transport Operations (Marine Pollution) Regulation 2008 as in force from time to time before the commencement.
This section applies to a record book— in which an entry was made before the commencement; and that was required to be kept on board a ship under section 15 (3) , 33 (3) or 51 (3) of the repealed regulation for a period that had not ended before the commencement. From the commencement, the corresponding provision of this regulation applies to the record book. Without limiting subsection (2), for applying section 11(3)(a), 24(3)(a) or 38(3)(a), the day the last entry in the record book is made may be a day before the commencement. In this section — corresponding provision means— in relation to an oil record book to which section 15 (3) of the repealed regulation applied, section 11 of this regulation; or in relation to a cargo record book to which section 33 (3) of the repealed regulation applied, section 24 of this regulation; or in relation to a sewage disposal record book to which section 51 (3) of the repealed regulation applied, section 38 of this regulation. (sec.82-ssec.1) This section applies to a record book— in which an entry was made before the commencement; and that was required to be kept on board a ship under section 15 (3) , 33 (3) or 51 (3) of the repealed regulation for a period that had not ended before the commencement. (sec.82-ssec.2) From the commencement, the corresponding provision of this regulation applies to the record book. (sec.82-ssec.3) Without limiting subsection (2), for applying section 11(3)(a), 24(3)(a) or 38(3)(a), the day the last entry in the record book is made may be a day before the commencement. (sec.82-ssec.4) In this section — corresponding provision means— in relation to an oil record book to which section 15 (3) of the repealed regulation applied, section 11 of this regulation; or in relation to a cargo record book to which section 33 (3) of the repealed regulation applied, section 24 of this regulation; or in relation to a sewage disposal record book to which section 51 (3) of the repealed regulation applied, section 38 of this regulation.
This section applies if, immediately before the commencement, an application made under section 25 or 54 (2) of the repealed regulation had not been finally dealt with. Despite its repeal, the repealed regulation continues to apply for deciding the application. An approval granted under section 25 of the repealed regulation, as applied by subsection (2), is taken to be an approval granted under section 18 of this regulation. An approval granted under section 54 (2) of the repealed regulation, as applied by subsection (2), is taken to be an approval granted under section 42 of this regulation. (sec.83-ssec.1) This section applies if, immediately before the commencement, an application made under section 25 or 54 (2) of the repealed regulation had not been finally dealt with. (sec.83-ssec.2) Despite its repeal, the repealed regulation continues to apply for deciding the application. (sec.83-ssec.3) An approval granted under section 25 of the repealed regulation, as applied by subsection (2), is taken to be an approval granted under section 18 of this regulation. (sec.83-ssec.4) An approval granted under section 54 (2) of the repealed regulation, as applied by subsection (2), is taken to be an approval granted under section 42 of this regulation.
This section applies if, immediately before the commencement, an application made under section 13 , 23 , 27 , 28 , 29 , 36 , 37 or 78 of the repealed regulation had not been finally dealt with. On commencement, the application is taken to have been withdrawn. (sec.84-ssec.1) This section applies if, immediately before the commencement, an application made under section 13 , 23 , 27 , 28 , 29 , 36 , 37 or 78 of the repealed regulation had not been finally dealt with. (sec.84-ssec.2) On commencement, the application is taken to have been withdrawn.
Each of the following operations is a recordable operation— a ballasting or cleaning of an oil fuel tank; a discharge of dirty ballast or cleaning water from an oil fuel tank; a collection and disposal of oil residues that are sludge; a discharge overboard or another disposal of bilge water that has accumulated in a machinery space; a bunkering of fuel or bulk lubricating oil.
Each of the following operations is a recordable operation— a loading of oil cargo, including by transfer operation; an internal transfer of oil cargo during a voyage; an unloading of oil cargo, including by transfer operation; a ballasting of cargo tanks and dedicated clean ballast tanks; a cleaning of cargo tanks, including crude oil washing; a discharge of ballast, other than from segregated ballast tanks; a discharge of water from slop tanks; a closure of all applicable valves or similar devices after slop tank discharge operations; a closure of valves necessary for isolation of dedicated clean ballast tanks from cargo and stripping lines after slop tank discharge operations; a disposal of residues after an operation mentioned in any of paragraphs (a) to (i). In this section— transfer operation see section 59 of the Act . (sch.1-sec.2-ssec.1) Each of the following operations is a recordable operation— a loading of oil cargo, including by transfer operation; an internal transfer of oil cargo during a voyage; an unloading of oil cargo, including by transfer operation; a ballasting of cargo tanks and dedicated clean ballast tanks; a cleaning of cargo tanks, including crude oil washing; a discharge of ballast, other than from segregated ballast tanks; a discharge of water from slop tanks; a closure of all applicable valves or similar devices after slop tank discharge operations; a closure of valves necessary for isolation of dedicated clean ballast tanks from cargo and stripping lines after slop tank discharge operations; a disposal of residues after an operation mentioned in any of paragraphs (a) to (i). (sch.1-sec.2-ssec.2) In this section— transfer operation see section 59 of the Act .
Each of the following events is a recordable event— a discharge into coastal waters of oil or an oily mixture necessary for securing the safety of a ship or saving life at sea; a discharge into coastal waters of oil or an oily mixture resulting from damage to a ship or its equipment; a discharge into coastal waters of an oily mixture, approved by an authorised officer, to combat specific pollution incidents to minimise the damage from pollution; a discharge exempt under part 2 , division 2 ; a failure of a ship’s oil filtering equipment; an accidental or other exceptional discharge of oil or an oily mixture.
Each of the following operations is a recordable operation— a loading of cargo; an internal transfer of cargo; an unloading of cargo; a wash in accordance with Annex II, regulation 13.7.1.2; a prewashing, washing or cleaning of a cargo tank, other than a wash mentioned in paragraph (d) ; a discharge into the sea of tank washings; a ballasting of a cargo tank; a discharge of ballast water from a cargo tank.
Each of the following events is a recordable event— a discharge into coastal waters of a noxious liquid substance necessary for securing the safety of a ship or saving life at sea; a discharge into coastal waters of a noxious liquid substance resulting from damage to a ship or its equipment; a discharge into coastal waters of a noxious liquid substance, approved by an authorised officer, to combat specific pollution incidents to minimise the damage from pollution; a discharge exempt under section 16 or 20 ; an accidental or other exceptional discharge of a noxious liquid substance.
In this schedule— relevant level means— for assessing a treatment system’s performance specifications under normal operating conditions in relation to the levels of sewage quality characteristics remaining in sewage after it has been treated in the treatment system—the geometric mean of the results of the analyses of at least 5 samples taken in a period during which the treatment system’s performance is assessed; or for assessing a treatment system as required under section 43 — if 1 sample is used for the assessment—the result of the analysis of the sample; or if more than 1 sample is used for the assessment—the geometric mean of the results of the analyses of the samples taken in the period during which the treatment system’s performance is assessed.
The result of an analysis of a sample used to calculate the relevant level of the sample (the result ) must be a real number. If the result is 0, or below the limit of reporting for an analytical procedure, the result must be half of the value of the limit of reporting for the procedure. In this section— limit of reporting , for an analytical procedure, means the smallest value for the procedure that can be reported with certainty. (sch.5-sec.2-ssec.1) The result of an analysis of a sample used to calculate the relevant level of the sample (the result ) must be a real number. (sch.5-sec.2-ssec.2) If the result is 0, or below the limit of reporting for an analytical procedure, the result must be half of the value of the limit of reporting for the procedure. (sch.5-sec.2-ssec.3) In this section— limit of reporting , for an analytical procedure, means the smallest value for the procedure that can be reported with certainty.
The relevant level of the thermotolerant coliform count of the samples of treated sewage taken during the test period must not be more than 250 thermotolerant coliforms/100mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure.
The relevant level of the total suspended solids content of the samples of treated sewage taken during the test period must not be more than 50mg/L above the suspended solids content of ambient water used for flushing purposes.
The relevant level of the 5-day biochemical oxygen demand of the samples of treated sewage taken during the test period must not be more than 50mg/L.
The relevant level of the thermotolerant coliform count of the samples of treated sewage taken during the test period must not be more than 150 thermotolerant coliforms/100mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure.
The relevant level of the total suspended solids content of the samples of treated sewage taken during the test period must not be more than 50mg/L above the suspended solids content of ambient water used for flushing purposes.
The relevant level of the thermotolerant coliform count of the samples of treated sewage taken during the test period must not be more than 150 thermotolerant coliforms/100mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure.
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
This regulation may be cited as the Transport Operations (Marine Pollution) Regulation 2018 .
This regulation commences on 1 September 2018.
The dictionary in schedule 7 defines particular words used in this regulation. See section 5 of the Act in relation to the words and expressions used in MARPOL (other than in an annex) and the Act .
The purpose of this part is to provide for matters for part 4 of the Act . See section 25 of the Act in relation to the words and expressions used in Annex I to MARPOL. See also Annex I to MARPOL for the meaning of particular words and expressions used in this part, such as en route, instantaneous rate of discharge of oil content, nearest land, oily mixture and slop tank. A map showing nearest land as mentioned in this part is available on the Australian Maritime Safety Authority’s website. Division 2 sets out discharges that are, for section 29 (1) of the Act , exempt from the operation of the discharge offences in sections 26 (1) and 27 (1) of the Act . Division 3 sets out matters relating to shipboard oil pollution emergency plans. Division 4 sets out matters relating to oil record books. (sec.4-ssec.1) The purpose of this part is to provide for matters for part 4 of the Act . See section 25 of the Act in relation to the words and expressions used in Annex I to MARPOL. See also Annex I to MARPOL for the meaning of particular words and expressions used in this part, such as en route, instantaneous rate of discharge of oil content, nearest land, oily mixture and slop tank. A map showing nearest land as mentioned in this part is available on the Australian Maritime Safety Authority’s website. (sec.4-ssec.2) Division 2 sets out discharges that are, for section 29 (1) of the Act , exempt from the operation of the discharge offences in sections 26 (1) and 27 (1) of the Act . (sec.4-ssec.3) Division 3 sets out matters relating to shipboard oil pollution emergency plans. (sec.4-ssec.4) Division 4 sets out matters relating to oil record books.
Who is affected
Why it matters (stated purpose and operational trade‑offs)
Practical compliance mechanics and risk points
Key sections and schedules to look at quickly
Reference notes: The regulation embeds and implements international technical standards (MARPOL Annexes, IMDG Code, IMSBC Code) and delegates practical decision‑making and approvals to the general manager and authorised officers (see cross‑references throughout).
In this part— Commonwealth shipping law means— a regulation made under— the Commonwealth Navigation Act , section 130 or section 339 ; or the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 (Cwlth) ; or an order made under— the Commonwealth Navigation Act , section 342 ; or the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 (Cwlth) , section 34 .
A discharge of oil from an oil tanker, other than a discharge mentioned in section 7 , is exempt from the operation of the discharge offences if the following conditions are complied with— the oil tanker is more than 50n miles from the nearest land; the oil tanker is proceeding en route; the instantaneous rate of discharge of oil content is not more than 30L/n mile; the total quantity of oil discharged into coastal waters is not more than the total quantity allowed under the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 (Cwlth) , section 9 for the oil tanker; the oil tanker has in operation an oil discharge monitoring and control system and a slop tank arrangement as required under a Commonwealth shipping law.
A discharge of oil from an oil tanker from its machinery space bilges, other than its cargo pump room bilges, is exempt from the operation of the discharge offences if the following conditions are complied with— the oil tanker is proceeding en route; the oil tanker has in operation oil filtering equipment as required under a Commonwealth shipping law; the oil content of the effluent discharged is not more than 15 parts in 1,000,000 parts; the oil is not cargo residue.
This section applies to a ship with a gross tonnage of 400 or more, other than a ship that is an oil tanker. A discharge of oil from the ship is exempt from the operation of the discharge offences if the following conditions are complied with— the ship is proceeding en route; the ship has in operation oil filtering equipment required under a Commonwealth shipping law; the oil content of the effluent discharged is not more than 15 parts in 1,000,000 parts. (sec.8-ssec.1) This section applies to a ship with a gross tonnage of 400 or more, other than a ship that is an oil tanker. (sec.8-ssec.2) A discharge of oil from the ship is exempt from the operation of the discharge offences if the following conditions are complied with— the ship is proceeding en route; the ship has in operation oil filtering equipment required under a Commonwealth shipping law; the oil content of the effluent discharged is not more than 15 parts in 1,000,000 parts.
A shipboard oil pollution emergency plan must— be in English; and comply with the requirements under the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 (Cwlth) , section 11A (4) . For subsection (1) (b) , a requirement under the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 (Cwlth) , section 11A (4) to state something about a prescribed incident is taken to be a requirement to state something about a reportable incident. See part 8 about reportable incidents. See also section 30 of the Act for the requirement for a ship to have on board a shipboard oil pollution emergency plan. (sec.9-ssec.1) A shipboard oil pollution emergency plan must— be in English; and comply with the requirements under the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 (Cwlth) , section 11A (4) . (sec.9-ssec.2) For subsection (1) (b) , a requirement under the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 (Cwlth) , section 11A (4) to state something about a prescribed incident is taken to be a requirement to state something about a reportable incident. See part 8 about reportable incidents. See also section 30 of the Act for the requirement for a ship to have on board a shipboard oil pollution emergency plan.
This division applies to— a ship that is an oil tanker with a gross tonnage of 150 or more; or a ship, other than an oil tanker, that— has a gross tonnage of at least 150 and carries oil in a portable tank with a capacity of 400L or more; or has a gross tonnage of 400 or more. In this section— Australian fishing vessel means a fishing vessel— registered or entitled to be registered in Australia; or for which an instrument under the Fisheries Management Act 1991 (Cwlth) , section 4 (2) is in force. pleasure vessel means a vessel used entirely for recreational or sporting activities and not for hire or reward. ship means— a trading ship proceeding en route on a voyage other than an overseas voyage; or an Australian fishing vessel proceeding en route on a voyage other than an overseas voyage; or a pleasure vessel. (sec.10-ssec.1) This division applies to— a ship that is an oil tanker with a gross tonnage of 150 or more; or a ship, other than an oil tanker, that— has a gross tonnage of at least 150 and carries oil in a portable tank with a capacity of 400L or more; or has a gross tonnage of 400 or more. (sec.10-ssec.2) In this section— Australian fishing vessel means a fishing vessel— registered or entitled to be registered in Australia; or for which an instrument under the Fisheries Management Act 1991 (Cwlth) , section 4 (2) is in force. pleasure vessel means a vessel used entirely for recreational or sporting activities and not for hire or reward. ship means— a trading ship proceeding en route on a voyage other than an overseas voyage; or an Australian fishing vessel proceeding en route on a voyage other than an overseas voyage; or a pleasure vessel.
The ship’s owner and master must ensure— the ship carries an oil record book in which an entry can be made as required under section 13 ; and the oil record book is readily available for inspection at all reasonable times. If the oil record book is not carried and readily available for inspection as required under subsection (1) , the ship’s owner and master each commit an offence. Maximum penalty—350 penalty units. The ship’s owner and master must ensure an oil record book for the ship in which an entry has been made— is kept on board the ship until the day that is 3 years from the day the last entry in the record book is made; and is, until the day mentioned in paragraph (a) , readily available for inspection at all reasonable times. If the oil record book is not kept on board the ship and readily available for inspection as required under subsection (3) , the ship’s owner and master each commit an offence. Maximum penalty—350 penalty units. (sec.11-ssec.1) The ship’s owner and master must ensure— the ship carries an oil record book in which an entry can be made as required under section 13 ; and the oil record book is readily available for inspection at all reasonable times. (sec.11-ssec.2) If the oil record book is not carried and readily available for inspection as required under subsection (1) , the ship’s owner and master each commit an offence. Maximum penalty—350 penalty units. (sec.11-ssec.3) The ship’s owner and master must ensure an oil record book for the ship in which an entry has been made— is kept on board the ship until the day that is 3 years from the day the last entry in the record book is made; and is, until the day mentioned in paragraph (a) , readily available for inspection at all reasonable times. (sec.11-ssec.4) If the oil record book is not kept on board the ship and readily available for inspection as required under subsection (3) , the ship’s owner and master each commit an offence. Maximum penalty—350 penalty units.
An oil record book must be in the form prescribed under the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 (Cwlth) , section 12 (3) .
If a recordable operation or recordable event is performed or happens in, or in relation to, the ship, the ship’s master must make an entry under subsection (2) about the operation or event in the ship’s oil record book without delay. Maximum penalty—350 penalty units.
This is an opening excerpt, not the complete document.