Marine Pollution Act 1987 Marine Pollution Regulation 1995 (1995-497) [GG No 105 of 1.9.1995] (NSW)

1995—No. 497

MARINE POLLUTION ACT 1987-REGULATION

(Marine Pollution Regulation 1995)

NEW SOUTH WALES

[Published in Gazette No. 105 of 1 September 1995]

HIS Excellency the Governor, with the advice of the Executive Council,

and in pursuance of the Marine Pollution Act 1987, has been pleased to

make the Regulation set forth hereunder.

CARL SCULLY,

Minister for Ports.

PART 1—PRELIMINARY

Citation

1. This Regulation may be cited as the Marine Pollution Regulation

1995.

Commencement

2. This Regulation commences on 1 September 1995.

Definitions

3. (1) In this Regulation:

“AMSA” means the Australian Maritime Safety Authority;

“the Act” means the Marine Pollution Act 1987.

(2) In this Regulation, a reference to a pipeline includes a reference to

any fittings and valves of the pipeline.

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PART 2—STATE WATERS

Waters prescribed as State waters

4. For the purposes of the definition of “State waters” in section 3 (1) of the Act the prescribed waters are such part of the waters of the Ports of Botany Bay, Clarence River (Yamba), Coffs Harbour, Newcastle Harbour, Port Kembla, Sydney Harbour and Twofold Bay as are within the limits of the State.

PART 3—POLLUTION BY OIL OR NOXIOUS SUBSTANCES

Prescribed officers

5. (1) For the purposes of sections 8 (2) and 18 (2) of the Act, the following officers are prescribed officers:

(a) the Minister or any person authorised by the Minister;

(b) the harbour master of any port.

(2) For the purposes of sections 13 (3) and (4) and 23 (5) and (6) of the Act, the prescribed officer is the Minister or any person authorised by the Minister.

(3) For the purposes of section 18 (6), (7), (8) and (9) of the Act, a prescribed officer is an officer of AMSA appointed or authorised by that body for the purpose of implementing Regulation 5 of Annex II of the Convention.

Notification of discharges

Act, a prescribed incident is to be notified by means of a telephone, telex,

6. For the purposes of sections 10 (1) and (3) and 20 (1) and (3) of the radio or facsimile message:

(a)	conveyed through a pilot’s office or the Port Operations Communications Centre, or a signal station, of a Port Corporation and containing the name and radio call sign (if any) of the ship concerned followed by the name of the person notifying the incident and the position of the ship; or
(b)	conveyed through the Marine Rescue Coordination Centre in AMSA and commencing with the code letters POLREP and containing the name and radio call sign (if any) of the ship concerned.

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Time for furnishing discharge report

7. For the purposes of sections 10 (6) and (7) and 20 (6) and (7) of the Act, a report must be furnished to the Minister in relation to a prescribed incident not later than 24 hours after receipt of a request for a report, or within such further time as the Minister may allow.

Discharge reports

8. For the purposes of sections 10 (6) and (7) and 20 (6) and (7) of the Act, Form 1 of Schedule 1 is the prescribed form in relation to a discharge or probable discharge of

(a) oil or an oily mixture; or

(b) a noxious liquid substance that is carried as a cargo or part cargo in bulk.

Oil record book

9. (1) An oil tanker to which section 11 of the Act applies is to carry an oil record book in the form set out in Part I of Appendix III to Annex I of the Convention.

(2) A ship (other than an oil tanker) to which section 11 of the Act applies is to carry an oil record book in the form set out in Part II of Appendix III to Annex I of the Convention.

Matters to be recorded in oil record book

10. (1) For the purposes of section 11 (5) of the Act:

(a) each of the following operations (being a machinery space operation) is a prescribed operation in relation to a ship (including an oil tanker):

(i) the ballasting or cleaning of an oil fuel tank;

(ii)  a discharge of dirty ballast or cleaning water from an oil fuel tank;

(iii) a disposal of oily residues (sludge);

(iv)  a discharge overboard or other disposal of bilge water that has accumulated in any machinery space; and

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(b) each of the following operations (being a cargo operation or a ballast operation) is a prescribed operation in relation to an oil tanker:

(i) the loading of oil cargo;
(ii) an internal transfer of oil cargo during a voyage or in port;
(iii) the unloading of oil cargo;

(iv)  the ballasting of a cargo tank or a dedicated clean ballast tank;

(v) the cleaning of a cargo tank (including crude oil washing);

(vi) a discharge of ballast from a tank other than a segregated ballast tank;

(vii) a discharge of water from a slop tank;

(viii)  the closing, after an operation referred to in subparagraph (vii), of all applicable valves or similar devices;

(ix)  the closing, after an operation referred to in subparagraph (vii), of valves necessary for the isolation of a dedicated clean ballast tank from cargo and stripping lines after slop tank discharge operations;

(x) a disposal of residues.

(2) For the purposes of section 11 (5) of the Act, each of the following Occurrences is a prescribed occurrence in relation to a ship (including an oil tanker):

(a) the discharge into the sea of oil or an oily mixture from the ship for the purpose of securing the safety of the ship or of saving life

at sea;

(b)	the discharge into the sea of oil or an oily mixture in consequence of damage to the ship or its equipment;
(c)	the discharge into the sea of substances containing oil for the purpose of combating specific pollution incidents;
(d)	the failure of the ship’s oil discharge monitoring and control system;

(e) the discharge into the sea of oil or an oily mixture, being:

(i)  a discharge for an exceptional purpose other than a purpose referred to in paragraph (a) or (c); or

(ii)  an accidental discharge other than a discharge referred to in paragraph (b).

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Cargo record book

11. For the purposes of section 21 of the Act, the prescribed form of cargo record book is the form set out in Appendix IV to Annex II of the Convention.

Matters to be recorded in cargo record book

12. (1) For the purposes of section 21 (5) of the Act, each of the

following operations is a prescribed operation in relation to a ship:

(a) the loading of cargo;
(b) an internal transfer of cargo during a voyage or in port;
(c) the unloading of cargo;
(d) the ballasting of a cargo tank;
(e) the cleaning of a cargo tank;
(f) a discharge of ballast from a cargo tank;

(g) a disposal of residues to a reception facility;

(h) the discharge of a noxious liquid substance, or of a mixture containing such a substance, into the sea in accordance with Regulation 5 of Annex II of the Convention;

(i)  the removal by ventilation procedures of cargo residues from a tank in accordance with Regulation 5 of Annex II of the Convention.

(2) For the purposes of section 21 (5) of the Act, each of the following occurrences is a prescribed occurrence in relation to a ship:

(a)	the discharge into the, sea of a noxious liquid substance, or of a mixture containing such a substance, for the purpose of securing the safety of the ship or of saving life at sea;
(b)	the discharge into the sea of a noxious liquid substance, or of a mixture containing such a substance, in consequence of damage to the ship or its equipment;
(c)	the discharge into the sea of a noxious liquid substance, or of a mixture containing such a substance, being:

(i)  a discharge for an exceptional purpose other than a purpose referred to in paragraph (a); or

(ii)  an accidental discharge other than a discharge referred to in paragraph (b).

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Regulation 8 of Annex II to have the force of law

13. (1) The provisions of Regulation 8 of Annex II of the Convention, other than paragraph (1) of that Regulation, apply to, and in relation to, the washing of a tank of a ship from which a noxious liquid substance has been unloaded.

(2) If a tank of a ship from which a noxious liquid substance has been unloaded is not washed in accordance with whichever of the provisions of Regulation 8 of Annex II of the Convention is applicable to the tank (having regard to whether the substance unloaded from the tank is a Category A, B, C or D substance), the master of the ship is guilty of an offence.

Maximum penalty (subsection (2)): 20 penalty units.

(3) In the application of Regulation 8 of Annex II of the Convention to, or in relation to, the washing of a tank of a ship:

(a)	a reference to the receiving Party is to be read as a reference to Australia or the State; and
(b)	a reference to the Administration is to be read as a reference to the Chief Marine Surveyor in AMSA or person designated by the Chief Executive of the Waterways Authority (constituted under the Ports Corporatisation and Waterways Management Act 1995); and
(c)	a reference to the surveyor (however described), including a surveyor authorised for the purpose of implementing that Regulation, is to be read as, a reference to the Administration (as defined in paragraph (b)).

(4) A surveyor is to comply, in the exercise of any power, or the

performance of any function, for the purpose of implementing Regulation

8 of Annex II of the Convention, with any control procedures developed

by the International Maritime Organization.

(5) An exemption referred to in paragraph (2) (b) or (5) (b) of Regulation 8 of Annex II of the Convention may only be granted to a ship engaged in voyages to ports or terminals under the jurisdiction of States (other than Australia) that are parties to the Convention. When such an exemption has been granted to a ship, the appropriate entry made in the ship’s cargo record book is to be endorsed by a surveyor.

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PART 4—POLLUTION RELATING TO TRANSFER

OPERATIONS

Purpose-built pipelines

14. For the purposes of the definition of “purpose-built pipeline” in section 25 (1) of the Act, the pipelines described in Schedule 2 are prescribed.

Prescribed officers

15. For the purposes of section 27 (2) of the Act, the following officers are prescribed officers:

(a) the Minister or any person authorised by the Minister;

(b) the harbour master of any port.

Notification of discharges

16. For the purposes of section 28 (1) of the Act, a discharge to which Part 4 of the Act applies is to be notified by means of a telephone, telex, radio or facsimile message, conveyed through a pilot’s office or the Port Operations Communications Centre, or a signal station, of a Port Corporation and containing:

(a)	in the case of a discharge from a ship or from an apparatus on a ship—the name and radio call-sign (if any) of the ship concerned followed by the name of the person notifying the discharge and the position of the ship, or the location of the ship within a port; or
(b)	in the case of a discharge from a place on land, from an apparatus or from a purpose-built pipeline-the name and address of the person notifying the discharge and the location of the discharge.

Time for furnishing discharge report

17. For the purposes of section 28 (3) of the Act, a report must be furnished to the Minister in relation to a discharge not later than 24 hours after receipt of a request for a report, or within such further time as the Minister may allow.

Discharge reports

18. For the purposes of section 28 (3) of the Act, Form 1 of Schedule

1 is prescribed.

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PART 5—SHIPS CARRYING OR USING OIL OR CARRYING

NOXIOUS LIQUID SUBSTANCES

Adoption of Commonwealth Orders

19. The Marine Orders, Part 91 (Marine Pollution Prevention—Oil) and Part 93 (Marine Pollution Prevention-Noxious Liquid Substances), as in force at the beginning of 1 September 1995, and made by AMSA under the Protection of the Sea (Prevention of Pollution from Ships) Act

1983 of the Commonwealth, are adopted, subject to the modifications set

out in Schedule 3.

Notice of alteration or damage to ship

20. For the purposes of sections 37 (l) and 42 (1) of the Act, the prescribed form is Form 2 of Schedule 1.

PART 6—MISCELLANEOUS

Minister may make orders

21. The Minister may, by instrument in writing, make orders for and in relation to:

(a) giving effect to Annex I of the Convention, other than provisions of that Annex to which effect is given by a provision of the Act or

this Regulation; and

(b)	giving effect to Annex II of the Convention, other than provisions
of that Annex to which effect is given by a provision of the Act or this Regulation; and
(c)	giving effect to Article 8 of, and Protocol I to, the Convention, other than provisions of that Article or Protocol to which effect is given by a provision of the Act or this Regulation; and
(d)	the fixing of fees to be paid in respect of any matters under any such orders.

Fee for deposit of oil record book or cargo record book

22. A fee of $40 is payable by the owner of a ship for:

(a)	the deposit of an oil record book of the ship in accordance with section 13 (4) of the Act; or
(b)	the deposit of a cargo record book of the ship in accordance with section 23 (6) of the Act.

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Exemptions

23. (1) For the purposes of section 61 (1) (h) of the Act, each of the following classes of ships is exempt from the provisions of the Act and this Regulation:

(a)	ships belonging to an arm of the Defence Forces of Australia or to the naval, military or air forces of a country other than Australia;
(b)	ships not referred to in paragraph (a) that are owned or operated by Australia or another State and used, for the time being, only on government non-commercial service.

(2) In subclause (1) (b), “State” has the same meaning as in the Convention.

Service of certain notices

24. For the purposes of sections 37 (4) and (5) and 42 (5) and (6) of the Act, a notice required to be given to:

(a)	the owner of a ship, may be served personally on the owner, or on all, or any, of the owners, as the case may be, of the ship or, if an owner is a body corporate, on a director, secretary or other officer of the body corporate; or
(b)	the agent of a ship, may be served personally on any agent of the ship or, if an agent is a body corporate, on a director, secretary or other officer of the body corporate; or

(c) the master of a ship, may be served personally on the master of

the ship,

and, in any case, any such notice may be served in the manner set out in

section 30A of the Maritime Services Act 1935.

Repeal

25. (1) The Marine Pollution Regulation 1990 is repealed.

(2) Any act, matter or thing that was done, or immediately before that appeal had effect, under that Regulation is taken to have been done, or to have effect, under this Regulation.

1995-No. 497

SCHEDULE 1—FORMS

Form 1

(Cll. 8, 18)

MARINE POLLUTION ACT 1987

Sections 10, 20 and 28

MARINE POLLUTANTS REPORT FORM

(For use when reporting any discharge or probable discharge of oil or an oily

mixture or a discharge or probable discharge of a noxious liquid substance

carried in bulk)

NOTE: The items of this form that are inappropriate in a particular case should be omitted from the report.

A1	Ship: name, call sign/ship station identity and flag
A2	Position of discharge and position of place on land/purpose-built pipeline/ apparatus
B	Date and time of event NOTE: Express as Universal Co-ordinated Time
C	Position: latitude and longitude; or
D	Position: true bearing and distance NOTE: Give C or D
E	True course
F	Speed in knots and tenths of knots
L	Route information: intended track
M	Radio communications: full names of stations
N	Time of next report NOTE: Express as Universal Co-ordinated Time

P 1. Type of oil or the correct technical name of the noxious liquid substances on board

2. UN numbers
3. Pollution category (A, B, C or D) for each noxious liquid substance
4. Names of manufacturers of substances or consignee or consignor

5. Estimate of the quantity of each substance

NOTE: Include item P in the case of probable discharge

Q 1. Condition of ship, as relevant

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2. Ability to transfer cargo/ballast/fuel

R	1. Type of oil or the correct technical name of the noxious liquid substance discharged into the sea
2. UN numbers 3. Pollution category (A, B, C or D) for each noxious liquid substance 4. Names of manufacturers of substances or consignee or consignor 5. Estimate of the quantity of each substance 6. Whether lost substances floated or sank 7. Whether loss is continuing 8. Cause of loss
9. Estimate of the movement of the discharge or lost substances, giving sea-current conditions, if known
10. Estimate of the surface area of the spill

NOTE: Include item R in the case of actual discharge

S Weather conditions (i.e. brief details of weather and sea conditions prevailing) T Name. address, telex, facsimile and telephone numbers of the owner and agent

of ship/place on land/purpose-built pipeline/apparatus

U Ship size and type

X	1.	Action being taken with regard to the discharge and the movement of the ship
2.	Assistance or salvage efforts which have been requested or which have been provided by others

NOTE: The master of an assisting or salvaging ship should also report the

particulars of action undertaken or planned

Form 2

(Cl. 20)

MARINE POLLUTION ACT 1987

Sections 37 and 42

NOTICE OF ALTERATION OR DAMAGE TO SHIP

To: Waterways Authority

1. Name of ship:
2. Official number (if any):

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3.   Home port/port of registry:

4.   Call sign:

5.    Name of owner(s) or agent:

6.   Address of principal place of business of owner(s) or agent:

7.          (a) Date of issue and reference number of International Oil Pollution Prevention Certificate (in the case of a ship constructed in accordance with Annex I of the Convention):

(b) Date of issue and reference number of International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk (in the case of a ship constructed in accordance with Annex II of the Convention):

8.   Description of nature and extent of alteration or damage to the ship (including date(s) on which damage occurred and date(s) on which repairs or alterations, as the case may be, were commenced and completed):

9.    Name and address of person or corporation effecting alteration or repairs:

10.   Reason(s) for, or cause(s) of, alteration or repairs:

11.   Particulars of changes in the construction of the ship:

12.	(a)	Additional information (if any) affecting the compliance of the ship with the provisions of Annex I of the Convention (in the case of a ship constructed in accordance with Annex I):
(b)	Additional information (if any) affecting the compliance of the ship with the provisions of Annex II of the Convention (in the case of a ship constructed in accordance with Annex II):

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(Signature of master or owner)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(Date)

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SCHEDULE 2—PURPOSE-BUILT PIPELINES

(Cl. 14)

Botany Bay

1. The pipelines from Banksmeadow to Kurnell commencing at a control valve Latitude 33 degrees 57.87 minutes south Longitude 151 degrees 13.08 minutes east located within the Caltex (or Ampol) Banksmeadow Terminal thence proceeding within the pipeline corridor situated on the southern and western sides of Botany and Bumborah Point Roads respectively for approximately 1,480 metres to Womeai Reserve thence generally southerly for approximately 300 metres to the high water mark of Botany Bay near Bumborah Point thence southerly for approximately 100 metres and generally south westerly for approximately 3,450 metres to a point 470 metres west of the westernmost extremity of the Caltex (or Ampol) Jetty at Kurnell thence south easterly for approximately 770 metres to a point midway along the inner end of that jetty thence along that jetty to the high water mark of Kurnell Beach thence generally south easterly for approximately 500 metres to a control valve located within the premises of Caltex Refining Company Proprietary Limited (or of Ampol Refineries (NSW) Proprietary Limited) at Kurnell, the submarine portion of which is shown as one line of symbols on a copy of Naval Chart AUS 199 of Botany Bay.

2. The pipelines from No. 3 Berth (Submarine Terminal) in Botany Bay to Kurnell commencing at that berth Latitude 33 degrees 59.76 minutes south Longitude 151 degrees 12.51 minutes east thence southerly for approximately 580 metres to a point midway along the outer end of the Caltex (or Ampol) Jetty at Kurnell thence south westerly and south easterly along that jetty to the high water mark of Kurnell Beach thence generally south easterly for approximately 500 metres to a control valve located within the premises of Caltex Refining Company Proprietary Limited (or of Ampol Refineries (NSW) Proprietary Limited) at Kurnell, the submarine portion of which is shown by one line of symbols on a copy of Naval Chart AUS 199 of Botany Bay.

Port Kembla

1. The pipeline, commencing at a point on No. 6 Jetty, Outer Harbour, Port Kembla, Latitude 34 degrees 28.18 minutes south Longitude 150 degrees 54.20 minutes east thence proceeding south westerly along that jetty to the inshore end of the jetty for approximately 360 metres thence northerly for approximately 100 metres thence westerly for approximately 350 metres to Old Port Kembla Road thence south westerly along the northern side of Flinders Street to the Terminal. No. 6 Jetty, Outer Harbour, Port Kembla, is shown on a copy of Naval Chart AUS 195 of Port Kembla and Wollongong with Approaches.

2. The pipelines, commencing at the control valves located in the fenced enclosure south of the Saltwater Intake Channel Latitude 34 degrees 28.02 minutes south Longitude 150 degrees 53.91 minutes east thence proceeding northerly for approximately 90 metres to the southern training wall at the entrance to the Inner Harbour thence north westerly across that entrance for approximately 270 metres to the

1995-No. 497

Northern Breakwater thence generally easterly for approximately 470 metres to the inshore end of the Oil Berth thence southerly along that berth for approximately 40 metres to the control valves located at the outer end. The submarine portion of those pipelines is located across the entrance to Inner Harbour, Port Kembla, as shown by one line of symbols on a copy of Naval Chart AUS 195 of Port Kembla and Wollongong

with Approaches.

3. The pipeline commencing at a point on No. 4 Jetty, Outer Harbour, Port Kembla, Latitude 34 degrees 28.45 minutes south Longitude 150 degrees 54.63 minutes east thence proceeding generally southerly for approximately 170 metres to the inshore end of that jetty thence generally southerly for approximately 180 metres to the Terminal. No. 4 Jetty, Outer Harbour, Port Kembla, is shown on a copy of Naval Chart AUS 195 of Port Kembla and Wollongong with Approaches.

Twofold Bay (Eden)

The pipeline at Eden commencing at the Tanker Mooring Latitude 37 degrees 4.72 minutes south Longitude 149 degrees 54.41 east thence proceeding in a northerly direction for approximately 110 metres thence north easterly for approximately 340 metres to a control valve located within the Mobil Coastal Bulk Plant, Eden, the submarine portion of which is shown on a copy of Naval Chart AUS 191 of Twofold

Bay.

SCHEDULE 3—MODIFICATIONS TO MARINE ORDERS

(Cl. 19)

Modifications to Marine Orders, Part 91 (Marine Pollution Prevention—Oil)

1. The Marine Orders, Part 91 (Marine Pollution Prevention—Oil) are adopted subject to the following modifications:

(a)	insert in the definition of “Chief Marine Surveyor” in clause 1.1 after the matter “AMSA” the words “or a person authorised by the Chief Executive of the Waterways Authority constituted under the Ports Corporatisation and Waterways Management Act 1995”;
(b)	omit from clause 1.1 the definition of “survey authority”, insert instead the following definitions:

survey authority means a corporation or association for the survey of shipping approved for the purposes of the Marine Pollution Regulation 1995 by any of the following:

(a) AMSA;

(b) the Department of Transport of Western Australia; (c) the Navigation and Survey Authority of Tasmania;

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(d) the Department of Transport and Works of the Northern Territory;

(e) the Department of Transport of Queensland;
(f) the Department of Transport of South Australia;

(g) the Marine Board of Victoria.

the Act means the Marine Pollution Act 1987;

(c) omit from clause 1.1 the definition of “the Pollution Prevention Act”;

(d)	omit from clause 2.1 the words “the Pollution Prevention Act and the Navigation Act”, insert instead “the Act”;
(e)	omit from clause 2.2.1 the matter “sub-section 33 (2) of the Pollution Prevention Act”, insert instead “section 34 of the Act”;

(f) omit clause 2.2.2-2.2.4;

(g) omit clauses 4 and 5;

(h) omit from clause 6.1 the words “subsection 267A (1) of the Navigation Act”, insert instead the words “section 35 of the Act”;

(i)  omit from clause 6.1 the words “of the Commonwealth”, insert instead the words “of New South Wales”;

(j) omit clause 6.2;

(k) omit from clause 7.1 the words “section 267B of the Navigation Act”, insert instead the words “section 36 of the Act”;

(1) omit from clause 7.1 the matter “section 267D or section 267F”, insert instead “section 37”;

(m) omit clause 7.2;

(n) omit from clause 8.1 the words “section 267E of the Navigation Act”, insert instead the words “section 38 of the Act”;

(o) omit clause 9, insert instead the following clause:

9 Prescribed matters

9.1 Certificate

For the purposes of section 36 of the Act, the International Oil Pollution

Prevention Certificate appearing in Appendix II of Annex I is the prescribed

form.

9.2 Alteration or damage to ship

For the purposes of section 37 (1) of the Act, the Chief Marine Surveyor is a prescribed person.

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Modifications to Marine Orders, Part 93 (Marine Pollution Prevention—Noxious
Liquid Substances)

2. The Marine Orders, Part 93 (Marine Pollution Prevention—Noxious Liquid Substances) is adopted subject to the following modifications:

(a) insert in the definition of “Chief Marine Surveyor” in clause 1.1 after the matter “AMSA” the words “or a person authorised by the Chief Executive of the Waterways Authority constituted under the Ports Corporatisation and Waterways Management Act 1995”;

(b) insert in clause 1.1 after the definition of “IMO” the following definition:

the Act means the Marine Pollution Act 1987;

(c) omit from clause 1.1 the definition of “the Pollution Prevention Act”;

(d)	omit from clause 2.1 the words “the Pollution Prevention Act and the Navigation Act”, insert instead the words “the Act”;
(e)	omit from clause 2.2.1 the matter “subsection 33 (2) of the Pollution Prevention Act”, insert instead the matter “section 34 of the Act”;

(f) omit clause 2.2.2–2.2.4;

(g) omit clauses 4–6;

(h)	omit from clause 7.1 the matter “subsection 267P (1) of the Navigation Act”,
insert instead the matter “section 40 (1 ) of the Act”;

(i)  omit from clause 7 the words “of the Commonwealth”, wherever occurring, insert instead the words “of New South Wales”;

(j)	omit from clause 7.2 the matter “subsections 33 (1) and 34 (I) of the Pollution Prevention Act”, insert instead the matter “section 61 (1) (c) of the Act”;
(k)	omit from clause 7.2 the matter “, regulation 5A and regulation 8”, insert instead “and regulation 5A”;

(l) omit clause 7.3;

(m)	omit from clause 8.1 the words “section 267Q of the Navigation Act”. insert instead the words “section 41 of the Act”;
(n)	omit from clause 8.1 the matter “section 267S or section 267U”, insert instead “section 42”;

(o) omit clause 8.2;

(p) omit from clause 9.1 the words “section 267T of the Navigation Act”, insert instead the words “section 43 of the Act”;

(q) omit clause 10, insert instead the following clause:

10 Prescribed matters

10.1 Certificate

For the purposes of section 41 of the Act, the International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk appearing in Appendix V of Annex II is the prescribed form.

10.2 Alteration or damage to ship

For the purposes of section 42 (1) of the Act, the Chief Marine Surveyor is a

prescribed person.

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NOTES

TABLE OF PROVISIONS

PART 1—PRELIMINARY

1.       Citation

2.       Commencement

3.       Definitions

PART 2—STATE WATERS

4.        Waters prescribed as State waters PART 3—POLLUTION BY OIL OR NOXIOUS SUBSTANCES

5.        Prescribed officers

6.        Notification of discharges

7.       Time for furnishing discharge report

8.       Discharge reports

9.        Oil record book

10.       Matters to be recorded in oil record book

11.       Cargo record book

12.      Matters to be recorded in cargo record book

13.      Regulation 8 of Annex II to have the force of law

PART 4—POLLUTION RELATING TO TRANSFER

OPERATIONS

14.      Purpose-built pipelines

15.      Prescribed officers

16.      Notification of discharges

17.      'Time for furnishing discharge report

18.      Discharge reports

PART 5—SHIPS CARRYING OR USING OIL OR CARRYING

NOXIOUS, LIQUID SUBSTANCES

19.      Adoption of Commonwealth Orders

20.      Notice of alteration or damage to ship

PART 6—MISCELLANEOUS

21.      Minister may make orders

22.       Fee for deposit of oil record book or cargo record book

23.      Exemptions

24.       Service of certain notices

25.       Repeal

SCHEDULE 1—FORMS
SCHEDULE 2—PURPOSE-BUILT PIPELINES
SCHEDULE 3—MODIFICATIONS TO MARINE ORDERS

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EXPLANATORY NOTE

The object of this Regulation is to repeal and remake the Marine Pollution Regulation 1990 without significant revision, other than updating.

The Regulation is almost entirely a set of prescribed forms, officers and matters that complements the Marine Pollution Act 1987 in that Act’s application to New South Wales waters of the International Convention for the Prevention of Pollution from Ships 1973. The Regulation also adopts Parts 91 and 93 of the Commonwealth Marine Orders (parts that relate to the same subject). A large number of mechanical adaptations are made to those Orders by Schedule 3 of the Regulation.

The Regulation is made under section 61 (Regulations) of the Marine Pollution Act 1987, as well as the numerous provisions of that Act specifically cited within the clauses of the Regulation itself.

The Regulation is made in connection with the staged repeal of subordinate legislation under the Subordinate Legislation Act 1989. The Regulation comprises or relates to matters of a machinery nature and matters arising under legislation that is substantially uniform or complementary with legislation of the Commonwealth.