Marine Pollution Act 1987 (NSW)

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An Act relating to the protection of the sea and certain waters from pollution by oil and other noxious substances discharged from ships; to repeal the Prevention of Oil Pollution of Navigable Waters Act 1960; and for related purposes.

Part 1Preliminary1Name of Act

This Act may be cited as the Marine Pollution Act 1987.

2Commencement

This Act shall commence on a day or days to be appointed by proclamation.

3Definitions(1)

In this Act:

Australian fishing vessel means a fishing vessel that is registered, or entitled to be registered, in Australia or in relation to which an instrument under section 4 (2) of the Fisheries Act 1952 of the Commonwealth is in force.

Australian ship means:

  • (a)

    a ship registered in Australia, or

  • (b)

    an unregistered ship having Australian nationality.

Convention means the 1973 Convention as modified and added to by the 1978 Protocol.

fishing vessel means a vessel used or intended to be used for catching fish, whales, seals, walrus or other living resources of the sea or seabed for profit or reward and includes any such vessel in the course of construction, but does not include any vessel:

  • (a)

    engaged in harvesting or transportation of algae or aquatic plants, or

  • (b)

    that is primarily a carrier or a mother vessel.

harbour master has the same meaning it has in the Marine Safety Act 1998.

inspector means a person who is appointed in writing by the Minister to be an inspector for the purposes of this Act.

master, in relation to a ship, means a person, other than a pilot, having command or charge of the ship.

pleasure vessel means:

  • (a)

    a vessel used wholly for the purpose of recreational or sporting activities and not for hire or reward, or

  • (b)

    any other vessel declared to be a vessel to which this Act applies by order of the Minister published in the Gazette.

ship means a vessel of any type whatsoever capable of being used on or in water and includes:

  • (a)

    a hydrofoil boat, or

  • (b)

    an air-cushion vehicle, or

  • (c)

    a submersible or submarine, or

  • (d)

    a floating craft, or

  • (e)

    a fixed or floating platform, or

  • (f)

    a barge (whether self propelled or not), or

  • (g)

    a sea-plane, or

  • (h)

    a floating dock (whether self propelled or not),

but does not include a pleasure vessel.

State waters means:

  • (a)

    the territorial sea adjacent to the State,

  • (b)

    the sea on the landward side of the territorial sea adjacent to the State that is not within the limits of the State, and

  • (c)

    other waters within the limits of the State prescribed by the regulations for the purposes of this definition.

territorial sea means the territorial sea of Australia.

the 1973 Convention means the International Convention for the Prevention of Pollution from Ships, 1973 as corrected by the Proces-Verbal of Rectification dated 13 June 1978 (a copy of the English text of which, apart from Annexes III, IV and…

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.