Great Barrier Reef Marine Park Amendment Regulations 2004 (No. 6) (Cth)

Great Barrier Reef Marine Park Amendment Regulations 2004 (No. 6)¹

Statutory Rules 2004 No. 379²

I, PHILIP MICHAEL JEFFERY, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Great Barrier ReefMarinePark Act 1975.

Dated 16 December 2004

P. M. JEFFERY

Governor-General

By His Excellency’s Command

IAN CAMPBELL

Minister for the Environment and Heritage

1. Name of Regulations

These Regulations are the Great Barrier Reef Marine Park Amendment Regulations 2004 (No. 6).

1. Commencement

These Regulations commence on 1 January 2005.

1. Amendment of Great Barrier ReefMarinePark Regulations 1983

Schedule 1 amends the Great Barrier ReefMarinePark Regulations 1983, as amended by the Great Barrier ReefMarinePark Amendment Regulations 2001 (No. 4).

Schedule 1          Amendments

(regulation 3)

[1]          After Part 3

insert

Part 3A                   Discharge of sewage

93AApplication of this Part

This Part does not apply to a discharge of sewage to which Division 2 of Part IIIB of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 applies.

Note   The object of Division 2 of Part IIIB of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 is to give effect to Australia’s obligations regarding the discharge of sewage into the sea under Annex IV of the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78).

93BInterpretation of this Part

In this Part:

damage to a vessel or its equipment does not include:

(a)deterioration resulting from failure to maintain the vessel or equipment; or

(b)defects that develop during the normal operation of the vessel or equipment.

discharge has the meaning given by subsection 38J (7) of the Act.

Grade A treated sewage means sewage that has been treated and complies with the standard set out in Part 1 of Schedule 7 of the Transport Operations (Marine Pollution) Regulation 1995 of Queensland.

Note   The standards for Grade A treated sewage are the implementation of Resolution of MEPC.2(IV) MARPOL 73/78 made for the purposes of Annex IV of MARPOL 73/78.

Grade B treated sewage means sewage that has been treated and complies with the standard set out in Part 2 of Schedule 7 of the Transport Operations (Marine Pollution) Regulation 1995 of Queensland.

Grade C treated sewage means sewage that has been treated and complies with the standard set out in Part 3 of Schedule 7 of the Transport Operations (Marine Pollution) Regulation 1995 of Queensland.

Note   The standards are:

For Grade A treated sewage:

Faecal coliforms — the geometric mean of the faecal coliform count of the samples of treated sewage taken during the test period must not be more than 250 faecal coliforms/100 mL, most probable number, as determined by a multiple tube fermentation analysis or an equivalent analytical procedure.

Suspended solids — if testing is carried out:

(a)on shore, the geometric mean of the total suspended solids content of the samples of treated sewage taken during the test period must not be more than 50 mg/L; or

(b)onboard a ship, the geometric mean of the total suspended content of the samples of treated sewage taken during the test period must not be more than 100 mg/L above the suspended solids content of ambient water used for flushing purposes.

Biochemical oxygen demand — the geometric mean of the 5 day biochemical oxygen demand of the samples of treated sewage taken during the test period must not be more than 50 mg/L.

For Grade B treated sewage:

Faecal coliforms — the geometric mean of the faecal coliform count of the samples of treated sewage taken during the test period must not be more than 150 faecal coliforms/100 mL, most probable number, as determined by a multiple tube fermentation analysis or an equivalent analytical procedure.

Suspended solids — the geometric mean of the total suspended solids content of the samples of treated sewage taken during the test period must not be more than 50 mg/L above the suspended solids content of ambient water used for flushing purposes.

For Grade C treated sewage:

Faecal coliforms — the geometric mean of the faecal coliform count of the samples of treated sewage taken during the test period must not be more than 150 faecal coliforms/100 mL, most probable number, as determined by a multiple tube fermentation analysis or an equivalent analytical procedure.

reef includes bommie fields, reef slopes, moats and ramparts.

sewage has the meaning given by Part IIIB of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.

93CDischarge of sewage generally

(1)A person is guilty of an offence if:

(a)the person engages in conduct; and

(b)the conduct causes the discharge of sewage in, or into, the Marine Park; and

(c)the person:

(i)is reckless as to whether sewage will be discharged in, or into, the Marine Park; or

(ii)is negligent as to whether sewage will be discharged in, or into, the Marine Park

otherwise than as authorised by regulation 93D or 93E.

Penalty:   50 penalty units.

(2)For subregulation (1):

engage in conduct has the same meaning as in the Criminal Code.

(3)Subregulation (1) does not apply if the sewage is discharged in a zone and the person holds any necessary permission required under the Zoning Plan to authorise such a discharge of sewage in the zone.

(4)However, it is a defence to a prosecution under subregulation (1) if the sewage is discharged from a vessel or aircraft:

(a)because of accidental damage to the vessel or aircraft and all reasonable precautions were taken before and after the occurrence of the damage to prevent or minimise the escape of sewage; or

(b)for the purpose of saving life at sea or securing the safety of the vessel or aircraft.

Note   A defendant bears an evidential burden in relation to matters in subregulation (4) — see Criminal Code, subsection 13.3 (3).

93DDischarge of untreated sewage from vessels

(1)Subject to regulation 93F, the master of a vessel that has 15 or fewer persons on board may allow untreated sewage to be discharged from the vessel in the Marine Park if:

(a)the vessel does not have a fixed toilet; or

(b)where the vessel has a fixed toilet, the sewage has been reduced to a fine slurry.

(2)Subject to regulation 93F, the master of a vessel that has 16 or more persons on board may allow untreated sewage to be discharged from the vessel in the Marine Park if:

(a)the vessel has a fixed toilet; and

(b)the sewage has been reduced to a fine slurry; and

(c)the sewage is discharged more than 1 nautical mile seawards of:

(i)the seaward edge of the nearest reef; and

(ii)the low water mark of the nearest island or the mainland.

93EDischarge of treated sewage from vessels

The master of a vessel may allow treated sewage to be discharged from the vessel in the Marine Park if:

(a)the sewage complies with the standard in subregulation 135 (3); or

(b)subject to subregulation 93F (1), the sewage is Grade A treated sewage; or

(c)subject to subregulation 93F (1), the sewage is Grade B treated sewage and the vessel is:

(i)more than 700 metres seawards of the seaward edge of the nearest reef; and

(ii)more than 700 metres from the seaward edge of any aquaculture operation; and

(iii)more than 700 metres from any person in the water; or

(d)subject to subregulation 93F (1), the sewage is Grade C treated sewage and the vessel is:

(i)more than 0.5 of a nautical mile seawards of the seaward edge of the nearest reef; and

(ii)more than 0.5 of a nautical mile from the seaward edge of any aquaculture operation; and

(iii)more than 0.5 of a nautical mile from any person in the water.

93FDischarge of sewage from vessels generally

(1)Regulation 93D and paragraphs 93E (b), (c) and (d) are not taken to authorise sewage to be discharged from a vessel in the Marine Park if the vessel is inside a boat harbour, canal or marina.

(2)Regulation 93D is not taken to authorise untreated sewage to be discharged from a vessel in the Marine Park if the vessel is less than 1 nautical mile from the seaward edge of an aquaculture operation.

[2]          Regulation 100

omit

Notes

1. These Regulations amend Statutory Rules 1983 No. 262, as amended by 1985 No. 169; 1986 No. 1; 1987 No. 247; 1988 No. 185; 1989 Nos. 269, 367 and 368; 1990 Nos. 9 and 35; 1991 Nos. 63, 257 and 296; 1992 No. 69; 1993 Nos. 188, 206 and 266; 1996 No. 277; 1997 Nos. 96 and 326; 1999 No. 252; 2000 No. 5; Act No. 137, 2000; Statutory Rules 2001 Nos. 12, 178, 197 and 307 (as amended by 2003 No. 293 and 2004 No. 60); 2002 Nos. 8, 72, 73, 112, 177, 209 (disallowed by the Senate on 23 October 2002), 224 and 338; 2003 Nos. 20, 200 and 293; 2004 Nos. 15, 39 (as amended by 2004 No. 143), 60 and 333.

1. Notified in the Commonwealth of Australia Gazette on 23 December 2004.