Marine Pollution Act 1987 (NSW)

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 V, as so corrected is set out in Schedule 1), as affected by any amendment, other than an amendment not accepted by Australia, made under Article 16 of the Convention.

the 1978 Protocol means the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973 (a copy of the English text of which, apart from Annexes III, IV and V to it, is set out in Schedule 2) as affected by:

(a)
the amendments to the Annex to the Protocol adopted on 7 September 1984 (a copy of the English text of which amendments is set out in Schedule 3),
(b)
the amendments to the Protocol adopted on 5 December 1985 (a copy of the English text of which relating to the Annex of the Protocol is set out in Schedule 4 and a copy of the English text of which relating to Protocol I to the Convention is set out in Schedule 5), and
(c)
any other amendment to the Protocol, other than an amendment not accepted by Australia, made under Article VI of the Protocol.

this Act includes the regulations and orders made in pursuance of the regulations.

Tonnage Measurement Convention has the same meaning as in Part XA of the Navigation Act 1912 of the Commonwealth.

trading ship means a ship that is used, or being a ship in the course of construction, is intended to be used for or in connection with, any business or commercial activity and, without limiting the generality of the foregoing, includes a vessel that is used, or being a vessel in the course of construction, is intended to be used wholly or principally for:

(a)
the carriage of passengers or cargo for hire or reward, or
(b)
the provision of services to ships or shipping, whether for reward or otherwise,

but does not include a Commonwealth vessel within the meaning of the Navigation Act 1912 of the Commonwealth or a fishing vessel.

(2)

A reference in a section of this Act to a prescribed officer shall be read as a reference to the person for the time being occupying, or performing the duties of, an office in the Government Department, Administrative Office or public authority of the State that deals with matters arising under that section or an officer of or representative of another body, being an office, officer or representative that is prescribed for the purposes of that section.

(3)

Except in so far as the contrary intention appears, an expression that is used in this Act and in the Convention, otherwise than in an annex to the Convention, (whether or not a particular meaning is assigned to it by the Convention) has, in this Act, the same meaning as in the Convention.

(4)

For the purposes of this Act:

(a)
inter-state voyage and overseas voyage have the same respective meanings as in the Navigation Act 1912 of the Commonwealth,
(b)
an intra-state voyage is a voyage other than an inter-state voyage or an overseas voyage, and
(c)
for the purposes of paragraphs (a) and (b), a ship shall be deemed to be proceeding on a voyage from the time when it is got under way for the purpose of proceeding on the voyage until the time when it is got under way for the purpose of proceeding on another voyage.

(5)

A discharge of oil or of an oily mixture or of a liquid substance or a mixture containing a liquid substance onto or into any land or waters, or any structure or thing, having the result that the whole or any part of the oil or oily mixture or liquid substance or mixture containing a liquid substance eventually enters any State waters, is for the purposes of this Act deemed to be a discharge into those State waters of the oil or oily mixture or liquid substance or mixture containing a liquid substance.

(6)

Where, at any time, the gross tonnage applicable to a ship has been determined otherwise than in accordance with the Tonnage Measurement Convention, then, in the application of this Act to the ship at that time, a reference in this Act to the gross tonnage of a ship not expressed in tons shall be taken to be a reference to the gross tonnage of the ship expressed in tons.

4Act to bind Crown(1)

This Act binds the Crown in right of New South Wales and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.

(2)

Nothing in this Act renders the Commonwealth or a State or Territory of the Commonwealth liable to be prosecuted for an offence.

(3)

Subsection (2) does not affect any liability of any servant or agent of the Commonwealth or of a State or Territory of the Commonwealth to be prosecuted for an offence.

5Saving of other laws

This Act shall be read and construed as being in addition to and not in derogation of any other law of the State.

5APorts and Maritime Administration Act 1995

This Act is subject to the Ports and Maritime Administration Act 1995.

6Delegation(1)

The Minister may delegate to a person any of the Minister’s functions under this Act, other than this power of delegation.

(2)

(Repealed)

Part 2Pollution by oilDivision 1Discharge of oil or oily mixture7Interpretation

Except in so far as the contrary intention appears, an expression that is used in this Part or in Part 6 and in Annex I to the Convention (whether or not a particular meaning is assigned to it by that Annex) has, in this Part and in Part 6, the same meaning as in that Annex.

8Prohibition of discharge of oil or oily mixtures into State waters(1)

Subject to subsections (2) and (4), if any discharge of oil or of an oily mixture occurs from a ship into State waters, the master and the owner of the ship are each guilty of an offence punishable, upon conviction, by a fine not exceeding:

(a)
if the offender is a natural person—$500 000, or
(b)
if the offender is a body corporate—$10 000 000.

(2)

Subsection (1) does not apply to the discharge of oil or of an oily mixture from a ship:

(a)
for the purpose of securing the safety of a ship or saving life at sea,
(b)
if the oil or oily mixture, as the case may be, escaped from the ship in consequence of damage to the ship or its equipment, and all reasonable precautions were taken after the occurrence of the damage or the discovery of the discharge for the purpose of preventing or minimising the escape of oil or oily mixture, as the case may be,
(c)
in the case of an oily mixture, if the discharge was for the purpose of combating specific pollution incidents in order to minimise the damage from pollution and was approved by a prescribed officer, or
(d)
if the discharge was authorised by the Minister for training purposes.

(3)

For the purposes of subsection (2) (b), damage to a ship or its equipment does not include the following:

(a)
damage arising as a result of the master or owner of the ship, or another person acting under the direction of the master or owner of the ship:
- (i)
  acting with intent to cause the damage, or
- (ii)
  acting recklessly and with the knowledge that damage would probably result, or
- (iii)
  acting negligently,
(b)
damage arising from a failure to maintain the ship or equipment,
(c)
damage arising through wear and tear,
(d)
defects that develop during the normal operation of the ship or equipment.

(4)

Without limiting the generality of subsection (2) but subject to subsection (5), subsection (1) does not apply to:

(a)
the discharge from an oil tanker of oil or an oily mixture, not being oil or an oily mixture of the kind referred to in paragraph (c), if the following conditions are satisfied:
- (i)
  the oil tanker is not within a special area and is more than 50 nautical miles from the nearest land,
- (ii)
  the oil tanker is proceeding en route,
- (iii)
  the instantaneous rate of discharge of oil content does not exceed 60 litres per nautical mile,
- (iv)
  the total quantity of oil discharged into the waters does not exceed:
  - (A)
    in the case of an oil tanker that is an existing tanker—one part in 15 000 parts of the total quantity of the cargo of oil of which oil discharged formed a part, or
  - (B)
    in the case of an oil tanker that is a new tanker—one part in 30 000 parts of the total quantity of the cargo of oil of which oil discharged formed a part,
- (v)
  the oil tanker has in operation an oil discharge monitoring and control system and a slop tank arrangement as required by regulations made by virtue of section 35 or by virtue of section 267A of the Navigation Act 1912 of the Commonwealth,
(b)
the discharge from a ship that has a gross tonnage of 400 or more and is not an oil tanker of oil or an oily mixture if the following conditions are satisfied:
- (i)
  the ship is not within a special area and is more than 12 nautical miles from the nearest land,
- (ii)
  the ship is proceeding en route,
- (iii)
  the oil content of the effluent is less than 100 parts in 1 000 000 parts,
- (iv)
  the ship has in operation an oil discharge monitoring and control system, oily-water separating equipment, oil filtering equipment or other installation as required by regulations made by virtue of section 35 or by virtue of section 267A of the Navigation Act 1912 of the Commonwealth,
(c)
the discharge from an oil tanker of oil or an oily mixture, being oil or an oily mixture that is from the machinery space bilges (other than the cargo pump room bilges) of the oil tanker and does not include oil cargo residue, if the conditions specified in paragraph (b) are satisfied in relation to the discharge,
(d)
the discharge from an oil tanker, or another ship that has a gross tonnage of 400 or more, of an unprocessed oily mixture, not being an oily mixture that originated from the cargo pump room bilges of the ship or includes oil cargo residue, if the following conditions are satisfied:
- (i)
  the ship is not within a special area,
- (ii)
  the oil content of the unprocessed oily mixture without dilution is not more than 15 parts in 1 000 000 parts,
(e)
the discharge from a ship that has a gross tonnage of 400 or more and is not an oil tanker of a processed oily mixture, not being an oily mixture that originated from the cargo pump room bilges of the ship or includes oil cargo residue, if the following conditions are satisfied:
- (i)
  the ship is not within a special area,
- (ii)
  the oil content of the effluent without dilution is not more than 15 parts in 1 000 000 parts,
- (iii)
  the ship has in operation oil filtering equipment as required by regulations made by virtue of section 35 or by virtue of section 267A of the Navigation Act 1912 of the Commonwealth,
(f)
the discharge from an oil tanker of a processed oily mixture, being a processed oily mixture that originates from the machinery space bilges (other than the cargo pump room bilges) of the oil tanker and does not include oil cargo residue, if the conditions specified in paragraph (e) are satisfied in relation to the discharge,
(g)
the discharge within a special area from an oil tanker, or another ship that has a gross tonnage of 400 or more, of processed bilge water from machinery spaces, not being bilge water that originated from the cargo pump room bilges of the ship or includes oil cargo residue, if the following conditions are satisfied:
- (i)
  the ship is proceeding en route,
- (ii)
  the oil content of the effluent without dilution is not more than 15 parts in 1 000 000 parts,
- (iii)
  the ship has in operation oil filtering equipment as required by regulations made by virtue of section 35 or by virtue of section 267A of the Navigation Act 1912 of the Commonwealth,
- (iv)
  the oil filtering equipment is equipped with a stopping device that automatically prevents any discharge of effluent when the oil content of the effluent without dilution is more than 15 parts in 1 000 000 parts,
(h)
the discharge within a special area from a ship that has a gross tonnage of less than 400 and is not an oil tanker of oil or an oily mixture if:
- (i)
  the oil content of the effluent without dilution is less than 15 parts in 1 000 000 parts, or
- (ii)
  the following conditions are satisfied:
  - (A)
    the ship is proceeding en route,
  - (B)
    the oil content of the effluent is less than 100 parts in 1 000 000,
  - (C)
    the discharge is made as far as practicable from land and is not less than 12 nautical miles from the nearest land,
(i)
the discharge, not being a discharge within a special area, from a ship that has a gross tonnage of less than 400 and is not an oil tanker of an oily mixture that without dilution has an oil content not exceeding 15 parts in 1 000 000 parts, or
(j)
the discharge from a ship of clean or segregated ballast.

(5)

A reference to an oily mixture in subsection (4) shall be read as not including a reference to an oily mixture that contains:

(a)
chemicals or other substances in quantities or concentrations that are hazardous to the marine environment, or
(b)
chemicals or other substances that have been introduced for the purpose of attempting to prevent the application of subsection (1) to the discharge of an oily mixture from a ship.

(6)

In proceedings for an offence against subsection (1) in relation to a ship, it is sufficient for the prosecution to allege and prove that a discharge of oil or of an oily mixture occurred from the ship into State waters, but it is a defence if it is proved that, by virtue of subsection (2) or (4), subsection (1) does not apply in relation to the discharge.

8APersons causing a discharge of oil or oily mixtures into State waters(1)

If any discharge of oil or an oily mixture occurs from a ship into State waters, each crew member of the ship, and each person involved in the operation or maintenance of the ship, whose act caused the discharge is guilty of an offence punishable, upon conviction, by a fine not exceeding:

(a)
if the offender is a natural person—$500 000, or
(b)
if the offender is a body corporate—$10 000 000.

(2)

In proceedings for an offence under subsection (1), it is sufficient for the prosecution to allege and prove that a discharge of oil or an oily mixture occurred from a ship into State waters and the crew member or person involved in the operation or maintenance of the ship committed an act that caused the discharge.

(3)

If any discharge of oil or an oily mixture occurs from a ship into State waters, each person responsible for the discharge is guilty of an offence punishable, upon conviction, by a fine not exceeding:

(a)
if the offender is a natural person—$500 000, or
(b)
if the offender is a body corporate—$10 000 000.

(4)

For the purposes of subsection (3) a person is responsible for the discharge if that person, or another person acting under the direction of that person, committed an act that caused the discharge and the person committed the act:

(a)
with intent to cause the discharge, or
(b)
recklessly and with the knowledge that a discharge would probably result, or
(c)
negligently.

(5)

Subsections (1) and (3) do not apply to a discharge of a kind or in circumstances referred to in section 8 (2) (a), (c) or (d) or (4).

(6)

A prosecution under this section does not affect the prosecution of the master or owner of a ship (or both of them) under section 8, however a person is not liable to be convicted in respect of the same discharge of both an offence:

(a)
under this section and section 8 (1), or
(b)
under subsections (1) and (3).

9Oil residues(1)

Subject to subsection (2), if any oil residues that cannot be discharged from a ship into State waters without the commission of an offence against section 8 (1) are not retained on board the ship while the ship is in State waters, the master and the owner of the ship are each guilty of an offence punishable, upon conviction, by a fine not exceeding:

(a)
if the offender is a natural person—$500 000, or
(b)
if the offender is a body corporate—$10 000 000.

(2)

Oil residues may be discharged from a ship to a reception facility provided in accordance with Regulation 12 of Annex I to the Convention.

10Duty to report certain incidents involving oil or an oily mixture(1)

Where a prescribed incident occurs in State waters in relation to a ship, the master of the ship shall, without delay, notify, in the prescribed manner, the Minister of the incident.

Penalty: $120 000.

(2)

In a prosecution of a person for an offence against subsection (1) in relation to a prescribed incident, it is a defence if the person proves that the person was unable to comply with the subsection in relation to the incident.

(3)

Where a prescribed incident occurs in State waters in relation to a ship and:

(a)
the master of the ship is unable to comply with subsection (1) in relation to the incident, or
(b)
the incident occurs in circumstances in which the ship is abandoned,

the owner, charterer, manager or operator of the ship or an agent of the owner, charterer, manager or operator of the ship shall, without delay, notify, in the prescribed manner, the Minister of the incident and, if the Minister is not so notified, each of those persons is guilty of an offence punishable, upon conviction, by a fine not exceeding:

(c)
if the offender is a natural person—$120 000, or
(d)
if the offender is a body corporate—$2 750 000.

(4)

In a prosecution of a person for an offence against subsection (3) in relation to a prescribed incident in relation to a ship, it is a defence if the person proves:

(a)
that the person was not aware of the incident, or
(b)
in the case of a prescribed incident to which subsection (3) (a) applies, that the person neither knew nor suspected that the master of the ship was unable to comply with subsection (1) in relation to the incident.

(5)

Subsection (4) shall not be taken to limit by implication any defence that would, but for that subsection, be available to a person charged with an offence against subsection (3).

(6)

A master of a ship who, pursuant to subsection (1), has notified the Minister of the occurrence of a prescribed incident shall, if so requested by the Minister, furnish, within the prescribed time, a report to the Minister in relation to the incident in accordance with the prescribed form.

Penalty: $120 000.

(7)

Where subsection (3) applies in relation to a prescribed incident in relation to a ship, a person who, pursuant to that subsection, has notified the Minister of the occurrence of the prescribed incident shall, if so requested by the Minister, furnish, within the prescribed time, a report to the Minister in relation to the incident in accordance with the prescribed form.

Penalty: $120 000.

(8)

A person shall not, in a notice given to the Minister pursuant to subsection (1) or (3) or in a report furnished to the Minister pursuant to subsection (6) or (7), make a statement that is false or misleading in a material particular.

Penalty: $120 000.

(9)

A notice given to the Minister pursuant to subsection (1) or (3), and a report furnished to the Minister pursuant to subsection (6) or (7), shall not, without the consent of the person charged, be admitted in evidence in a prosecution for an offence against section 8 (1) or 8A (1).

(10)

In this section, prescribed incident, in relation to a ship, means:

(a)
a discharge from the ship of oil or an oily mixture, not being a discharge to which section 8 (4) applies, or
(b)
an incident involving the probability of a discharge from the ship of oil or an oily mixture, not being a discharge to which section 8 (4) would apply.

11Oil record book(1)

This section applies to:

(a)
a trading ship proceeding on an intra-state voyage,
(b)
an Australian fishing vessel proceeding on a voyage other than an overseas voyage, or
(c)
a pleasure vessel,

that:

(d)
is an oil tanker, or
(e)
has a gross tonnage of 400 or more and is not an oil tanker.

(2)

Every ship to which this section applies shall carry such oil record books as are required by the regulations to be carried on the ship.

(3)

An oil record book shall be in accordance with the appropriate prescribed form with provision made for a signature, in accordance with subsection (6), in relation to each entry made in it and for a signature, in accordance with subsection (7), in relation to each page of it.

(4)

If a ship to which this section applies does not carry an oil record book as required by this section, the master and the owner of the ship are each guilty of an offence punishable, upon conviction, by a fine not exceeding:

(a)
if the offender is a natural person—200 penalty units, or
(b)
if the offender is a body corporate—1 000 penalty units.

(5)

Whenever a prescribed operation or prescribed occurrence is carried out or occurs in, or in relation to, a ship to which this section applies, the master of the ship shall make, without delay, appropriate entries in, or cause appropriate entries to be made, without delay, in, the ship’s oil record book, being entries in accordance with subsection (6).

Penalty: 200 penalty units.

(6)

An entry in a ship’s oil record book:

(a)
shall be made in the English language, and
(b)
shall be signed by the master of the ship and, in the case of an entry made in relation to a prescribed operation, by the officer or other person in charge of the operation.

(7)

Where a page of a ship’s oil record book is completed, the master of the ship shall, without delay, sign the page.

Penalty: 200 penalty units.

12False entries in oil record book

A person shall not make, in an oil record book of a ship to which section 11 applies, an entry that is false or misleading in a material particular.

Penalty: 200 penalty units.

13Oil record book to be retained(1)

The owner of a ship to which section 11 applies shall cause each of the ship’s oil record books to be retained:

(a)
in the ship, or
(b)
at the registered office in the State of the owner,

until the expiration of the period of 3 years after the day on which the last entry was made in the book and to be readily available for inspection at all reasonable times.

(2)

Where an oil record book of a ship is not retained in accordance with subsection (1), the owner of the ship is guilty of an offence punishable, upon conviction, by a fine not exceeding:

(a)
if the owner is a natural person—200 penalty units, or
(b)
if the owner is a body corporate—1 000 penalty units.

(3)

The owner of a ship to which section 11 applies who resides in the State, or has an office or agent in the State, may from time to time furnish to a prescribed officer notice, in writing, of an address, being the address of:

(a)
the place in the State at which the owner so resides,
(b)
the office in the State, or, if there is more than one office in the State, the principal office in the State of the owner, or
(c)
the office or place of residence in the State of the owner’s agent or, if the agent has more than one office in the State, the principal office in the State of the agent,

and the place or office of which an address is furnished for the time being under this subsection is the registered office in the State of the owner of the ship for the purposes of subsection (1).

(4)

Where the owner of a ship to which section 11 applies does not reside in the State and does not have an office or agent in the State, the owner may deposit an oil record book of the ship with a prescribed officer and, while the book is so deposited, the book shall, for the purposes of subsection (1), be deemed to be retained at the registered office in the State of the owner.

Division 2Insurance13AApplication of Division(1)

This Division does not apply to:

(a)
the following ships unless the regulations declare otherwise:
- (i)
  a ship that has a gross tonnage of 400 or more,
- (ii)
  a ship used wholly for the purpose of recreational or sporting activities and not for hire or reward,
- (iii)
  a ship less than 30 metres in length,
- (iv)
  a seaplane,
- (v)
  a Government ship, other than a Government ship that is being used for commercial purposes, or
(b)
a ship of any class declared by the regulations to be a class of exempt ship for the purposes of this Division, or
(c)
a particular ship declared to be an exempt ship for the purposes of this Division by order of the Minister given to the owner or master of the ship.

(2)

In this section, Government ship has the same meaning as in section 13 (1) of the Protection of the Sea (Civil Liability) Act 1981 of the Commonwealth.

13BShips must be insured against oil pollution(1)

In this section:

adequate insurance in relation to a ship means:

(a)
such insurance or financial security against damage that may be caused by a discharge of oil or an oily mixture as the Minister:
- (i)
  determines, by notice published in the Gazette, is adequate in relation to a particular ship or class of ships, or
- (ii)
  approves in relation to a particular ship, and notifies in writing to the owner or master of the ship, or
(b)
if a ship is required by the Protection of the Sea (Civil Liability) Act 1981 of the Commonwealth to carry a relevant insurance certificate on board, such a certificate in respect of the ship that is in force.

port has the same meaning as in the Ports and Maritime Administration Act 1995.

relevant insurance certificate has the same meaning as in the Protection of the Sea (Civil Liability) Act 1981 of the Commonwealth.

(2)

A ship must not be in State waters unless the ship:

(a)
has adequate insurance, and
(b)
carries on board evidence of that insurance in a form approved by the Minister.

(3)

If a ship is in State waters without having adequate insurance or carrying on board evidence of that insurance as required by this section, the master and the owner of the ship are each guilty of an offence punishable, upon conviction, by a fine not exceeding:

(a)
if the offender is a natural person—$55 000, or
(b)
if the offender is a body corporate—$110 000.

(4)

If an inspector believes on reasonable grounds that the ship does not have adequate insurance or carry on board evidence of that insurance as required by this section, the inspector may detain the ship in a port or at some other place until such time as the requirements of this section are met.

(5)

If a ship, that is detained under this section, departs the port or other place at which it is detained before it is released from detention, the master and the owner are each guilty of an offence punishable, upon conviction, by a fine not exceeding:

(a)
if the offender is a natural person—$55 000, or
(b)
if the offender is a body corporate—$110 000.

(6)

A person is not guilty of an offence under subsection (5) if the person can establish that he or she was not aware that the ship had been detained.

Part 3Pollution by noxious substances14Interpretation(1)

In this Part and in Part 6:

Annex II means Annex II to the Convention.

liquid substance does not include oil.

mixture includes ballast water, tank washings and other residues.

oil has the same meaning as it has in Part 2.

(2)

Except in so far as the contrary intention appears, an expression that is used in this Part or in Part 6 and in Annex II (whether or not a particular meaning is assigned to it by that Annex) has, in this Part and in Part 6, the same meaning as in that Annex.

15Application of Act to mixture of oil and liquid substance

Where a mixture contains oil and a liquid substance or oil and liquid substances, Part 2 and this Part apply in relation to the mixture.

16Categories of noxious liquid substances(1)

The regulations may declare that a liquid substance specified in the regulations shall, for the purposes of this Act, be deemed to be designated in Appendix II to Annex II and to be categorised in a category specified in the regulations, being Category A, B, C or D.

(2)

Where, in accordance with subsection (1), the regulations declare that a liquid substance shall be deemed to be designated in Appendix II to Annex II and to be categorised in Category A, the regulations shall declare that, for the purposes of this Act:

(a)
a residual concentration specified in the regulations shall be deemed to be the residual concentration prescribed for that substance in column III of that Appendix, and
(b)
a residual concentration specified in the regulations shall be deemed to be the residual concentration prescribed for that substance in column IV of that Appendix.

(3)

The regulations may declare that a liquid substance designated in Appendix II to Annex II shall, for the purposes of this Act, be deemed not to be so designated.

(4)

The regulations may declare that a liquid substance designated in Appendix II to Annex II and categorised in a particular category shall, for the purposes of this Act, be deemed not to be so categorised but to be categorised in a category specified in the regulations.

17Appendix III substances(1)

The regulations may declare that a liquid substance specified in the regulations shall, for the purposes of this Act, be deemed to be listed in Appendix III to Annex II.

(2)

The regulations may declare that a liquid substance listed in Appendix III to Annex II shall, for the purposes of this Act, be deemed not to be so listed.

18Prohibition of discharge of substances into State waters(1)

Subject to subsection (2) and subsections (4) to (12) (inclusive), if any discharge of a liquid substance, or of a mixture containing a liquid substance, being a substance or mixture carried as cargo or part cargo in bulk, occurs from a ship into State waters, the master and the owner of the ship are each guilty of an offence punishable, upon conviction, by a fine not exceeding:

(a)
if the offender is a natural person—$500 000, or
(b)
if the offender is a body corporate—$10 000 000.

(2)

Subsection (1) does not apply to the discharge of a liquid substance or a mixture from a ship:

(a)
for the purpose of securing the safety of a ship or saving life at sea,
(b)
if the substance or the mixture, as the case may be, escaped from the ship in consequence of damage to the ship or its equipment, and all reasonable precautions were taken after the occurrence of the damage or the discovery of the discharge for the purpose of preventing or minimising the escape of the substance or the mixture, as the case may be,
(c)
if the discharge was for the purpose of combating specific pollution incidents in order to minimise the damage from pollution and was approved by a prescribed officer, or
(d)
if the discharge was authorised by the Minister for training purposes.

(3)

For the purposes of subsection (2) (b), damage to a ship or its equipment does not include the following:

(a)
damage arising as a result of the master or owner of the ship, or another person acting under the direction of the master or owner of the ship:
- (i)
  acting with intent to cause the damage, or
- (ii)
  acting recklessly and with the knowledge that damage would probably result, or
- (iii)
  acting negligently,
(b)
damage arising from a failure to maintain the ship or equipment,
(c)
damage arising through wear and tear,
(d)
defects that develop during the normal operation of the ship or equipment.

(4)

Without limiting the generality of subsection (2), (5) or (12) but subject to subsection (13), where:

(a)
the tank of a ship that held a substance in Category A or a mixture containing a substance in Category A has been cleaned in accordance with regulations made under section 24,
(b)
the resulting residues in the tank have been discharged to a reception facility until the concentration of that substance in the effluent to that facility is, in the opinion of an inspector, at or below the residual concentration prescribed for that substance in column III of Appendix II to Annex II and until the tank is empty, and
(c)
the residue then remaining in the tank has been subsequently diluted by the addition of a volume of water,

subsection (1) does not apply to the discharge from the ship of the water containing that residue if the following conditions are satisfied:

(d)
the discharge is made when the ship is not within a special area,
(e)
the discharge is made when the ship is proceeding en route at a speed of:
- (i)
  where the ship is self-propelled, at least 7 knots, or
- (ii)
  where the ship is not self-propelled, at least 4 knots,
(f)
the discharge is made below the water line of the ship taking into account the location of the sea-water intakes, and
(g)
the discharge is made when the ship is at a distance of not less than 12 nautical miles from the nearest land and is in a depth of water of not less than 25 metres.

(5)

Without limiting the generality of subsection (2), (4) or (12) but subject to subsection (13), where:

(a)
the tank of a ship that held a substance in Category A or a mixture containing a substance in Category A has been washed in accordance with regulations made under section 24,
(b)
the resulting residues in the tank have been discharged to a reception facility provided in accordance with Regulation 7 of Annex II by a State bordering a special area until the concentration of that substance in the effluent to that facility is, in the opinion of an inspector, at or below the residual concentration prescribed for that substance in column IV of Appendix II to Annex II and until the tank is empty, and
(c)
the residue then remaining in the tank has been subsequently diluted by the addition of a volume of water,

subsection (1) does not apply to the discharge into State waters of the water containing that residue if the conditions specified in paragraphs (e), (f) and (g) of subsection (4) are satisfied in relation to the discharge from the ship.

(6)

Without limiting the generality of subsection (2), (7) or (12) but subject to subsection (13), subsection (1) does not apply to the discharge from a ship of:

(a)
a substance in Category B, or
(b)
a mixture containing a substance in Category B, not being a mixture containing a substance in Category A,

if the following conditions are satisfied:

(c)
the discharge is made when the ship is not within a special area,
(d)
the discharge is made when the ship is proceeding en route at a speed of:
- (i)
  where the ship is self-propelled, at least 7 knots, or
- (ii)
  where the ship is not self-propelled, at least 4 knots,
(e)
the procedures and arrangements for the discharge have been approved by a prescribed officer, being procedures and arrangements that ensure that the concentration and rate of discharge of the effluent is such that the concentration of the substance in Category B in the wake astern of the ship does not exceed 1 part in 1 000 000 parts,
(f)
the maximum quantity of cargo discharged from each tank of the ship (including the associated piping system of the tank) does not exceed the maximum quantity specified in the procedures referred to in paragraph (e), not being a quantity exceeding 1 cubic metre or 1 part in 3 000 parts of the tank capacity in cubic metres, whichever is the greater,
(g)
the discharge is made below the water line of the ship, taking into account the location of the sea-water intakes, and
(h)
the discharge is made when the ship is at a distance of not less than 12 nautical miles from the nearest land and in a depth of water of not less than 25 metres.

(7)

Without limiting the generality of subsection (2), (6) or (12) but subject to subsection (13), where:

(a)
the tank of a ship that held:
- (i)
  a substance in Category B, or
- (ii)
  a mixture containing a substance in Category B, not being a mixture containing a substance in Category A,
has been pre-washed in accordance with a procedure approved by a prescribed officer, and
(b)
the resulting tank washings have been discharged to a reception facility,

subsection (1) does not apply to the discharge from the ship of the residue in that tank if the conditions specified in paragraphs (d), (e), (g) and (h) of subsection (6) are satisfied in relation to the discharge from the ship.

(8)

Without limiting the generality of subsection (2), (9) or (12) but subject to subsection (13), subsection (1) does not apply to the discharge from a ship of:

(a)
a substance in Category C, or
(b)
a mixture containing a substance in Category C, not being a mixture containing a substance in Category A or B,

if the following conditions are satisfied:

(c)
the discharge is made when the ship is not within a special area,
(d)
the discharge is made when the ship is proceeding en route at a speed of:
- (i)
  where the ship is self-propelled, at least 7 knots, or
- (ii)
  where the ship is not self-propelled, at least 4 knots,
(e)
the procedures and arrangements for the discharge have been approved by a prescribed officer, being procedures and arrangements that ensure that the concentration and rate of discharge of the effluent are such that the concentration of the substance in Category C in the wake astern of the ship does not exceed 10 parts in 1 000 000 parts,
(f)
the maximum quantity of cargo discharged from each tank of the ship (including the associated piping system of the tank) does not exceed the maximum quantity specified in the procedures referred to in paragraph (e), not being a quantity exceeding 3 cubic metres or 1 part in 1 000 parts of the tank capacity in cubic metres, whichever is the greater,
(g)
the discharge is made below the water line of the ship, taking into account the location of the sea-water intakes, and
(h)
the discharge is made when the ship is at a distance of not less than 12 nautical miles from the nearest land and in a depth of water of not less than 25 metres.

(9)

Without limiting the generality of subsection (2), (8) or (12) but subject to subsection (13), subsection (1) does not apply to the discharge from a ship of:

(a)
a substance in Category C, or
(b)
a mixture containing a substance in Category C, not being a mixture containing a substance in Category A or B,

if the following conditions are satisfied:

(c)
the discharge is made when the ship is proceeding en route at a speed of:
- (i)
  where the ship is self-propelled, at least 7 knots, or
- (ii)
  where the ship is not self-propelled, at least 4 knots,
(d)
the procedures and arrangements for the discharge have been approved by a prescribed officer, being procedures and arrangements that ensure that the concentration and rate of discharge of the effluent are such that the concentration of the substance in Category C in the wake astern of the ship does not exceed 1 part in 1 000 000 parts,

(e)
the maximum quantity of cargo discharged from each tank of the ship (including the associated piping system of the tank) does not exceed the maximum quantity specified in the procedures referred to in paragraph (d), not being a quantity exceeding 1 cubic metre or 1 part in 3 000 parts of the tank capacity in cubic metres, whichever is the greater,
(f)
the discharge is made below the water line of the ship, taking into account the location of the sea-water intakes, and
(g)
the discharge is made when the ship is at a distance of not less than 12 nautical miles from the nearest land and in a depth of water of not less than 25 metres.

(10)

Without limiting the generality of subsection (2) or (12) but subject to subsection (13), subsection (1) does not apply to the discharge from a ship of:

(a)
a substance in Category D, or
(b)
a mixture containing a substance in Category D, not being a mixture containing a substance in Category A, B or C,

if the following conditions are satisfied:

(c)
the discharge is made when the ship is proceeding en route at a speed of:
- (i)
  where the ship is self-propelled, at least 7 knots, or
- (ii)
  where the ship is not self-propelled, at least 4 knots,
(d)
the substance or mixture has been mixed with water so that the concentration of the substance in Category D in the effluent does not exceed 1 part in 11 parts, and
(e)
the discharge occurs when the ship is not less than 12 nautical miles from the nearest land.

(11)

Without limiting the generality of subsection (2), subsection (1) does not apply to the discharge from a ship into waters referred to in paragraph (a) or (b) of the definition of State waters in section 3 (1) of bilge water, or of a mixture resulting from tank cleaning or de-ballasting operations, that contains a liquid substance, or liquid substances, listed in Appendix III to Annex II but does not contain any other liquid substance.

(12)

Without limiting the generality of subsection (2) or subsections (4) to (10) (inclusive), subsection (1) does not apply to the discharge from a ship of clean ballast or segregated ballast.

(13)

Subsections (4) to (10) (inclusive) do not apply in relation to a mixture that contains a liquid substance that is neither a noxious liquid substance nor a liquid substance listed in Appendix III to Annex II.

(14)

In proceedings for an offence against subsection (1) in relation to a ship, it is sufficient for the prosecution to allege and prove that a discharge of a substance, or a mixture containing a substance, carried as cargo of the ship occurred from the ship into State waters, but it is a defence if it is proved that, by virtue of subsection (2), (4), (5), (6), (7), (8), (9), (10), (11) or (12), subsection (1) does not apply in relation to the discharge.

(15)

In this section, inspector includes a surveyor appointed or authorised by the Government of a country that is a Party to the Convention for the purpose of implementing Regulation 8 of Annex II.

18APersons causing a discharge of substances into State waters(1)

If any discharge of a liquid substance, or of a mixture containing a liquid substance, being a substance or mixture carried as cargo or part cargo in bulk, occurs from a ship into State waters, each crew member of the ship, and each person involved in the operation or maintenance of the ship, whose act caused the discharge is guilty of an offence punishable, upon conviction, by a fine not exceeding:

(a)
if the offender is a natural person—$500 000, or
(b)
if the offender is a body corporate—$10 000 000.

(2)

In proceedings for an offence under subsection (1), it is sufficient for the prosecution to allege and prove that a discharge of a liquid substance, or of a mixture containing a liquid substance, being a substance or mixture carried as cargo or part cargo in bulk, occurred from a ship into State waters and the crew member or person involved in the operation or maintenance of the ship committed an act that caused the discharge.

(3)

If any discharge of a liquid substance, or of a mixture containing a liquid substance, being a substance or mixture carried as cargo or part cargo in bulk, occurs from a ship into State waters, each person responsible for the discharge is guilty of an offence punishable, upon conviction, by a fine not exceeding:

(a)
if the offender is a natural person—$500 000, or
(b)
if the offender is a body corporate—$10 000 000.

(4)

(a)
with intent to cause the discharge, or
(b)
recklessly and with the knowledge that a discharge would probably result, or
(c)
negligently.

(5)

Subsections (1) and (3) do not apply to a discharge of a kind or in circumstances referred to in section 18 (2) (a), (c) or (d) or (4)–(12).

(6)

A prosecution under this section does not affect the prosecution of the master or owner of a ship (or both of them) under section 18, however a person is not liable to be convicted in respect of the same discharge of both an offence:

(a)
under this section and section 18 (1), or
(b)
under subsections (1) and (3).

19Certain liquid substances to be treated as oil(1)

Notwithstanding any other provision of this Act, a prescribed substance in Category C or D, being a substance that has been identified by the Organisation as an oil-like substance under criteria developed by the Organisation, may be carried on an oil tanker within the meaning of Part 2 if the following conditions are satisfied:

(a)
the oil tanker complies with the provisions of Annex I of the Convention as applicable to product carriers within the meaning of that Annex,
(b)
the oil tanker carries an International Oil Pollution Prevention Certificate and its Supplement B, being a certificate that has an endorsement:
- (i)
  that indicates that the ship is permitted to carry oil-like substances in conformity with Regulation 14 of Annex II of the Convention, and
- (ii)
  that specifies the oil-like substance or substances that the tanker is permitted to carry,
(c)
the prescribed substance is the substance, or a substance, referred to in paragraph (b) (ii),
(d)
in the case of a substance in Category C—the tanker complies with the ship type 3 damage stability requirements of:
- (i)
  in the case of a tanker constructed on or after 1 July 1986—the International Bulk Chemical Code, or
- (ii)
  in the case of a tanker constructed before 1 July 1986—the Bulk Chemical Code applicable under Regulation 13 of Annex II of the Convention, and
(e)
the oil content meter in the oil discharge monitoring and control system of the tanker has been approved by an inspector for use in monitoring the oil-like substances to be carried.

(2)

Where, by virtue of subsection (1), a substance is carried on an oil tanker within the meaning of Part 2:

(a)
sections 8 and 8A apply in relation to the discharge of the substance as if the substance were oil within the meaning of Part 2, and
(b)
sections 18 and 18A do not apply in relation to the discharge of the substance.

20Duty to report certain incidents involving certain substances(1)

Where a prescribed incident occurs in State waters in relation to a ship, the master of the ship shall, without delay, notify, in the prescribed manner, the Minister of the incident.

Penalty: $120 000.

(2)

(3)

Where a prescribed incident occurs in State waters in relation to a ship and:

(a)
the master of the ship is unable to comply with subsection (1) in relation to the incident, or
(b)
the incident occurs in circumstances in which the ship is abandoned,

(c)
if the offender is a natural person—$120 000, or
(d)
if the offender is a body corporate—$2 750 000.

(4)

In a prosecution of a person for an offence against subsection (3) in relation to a prescribed incident in relation to a ship, it is a defence if the person proves:

(a)
that the person was not aware of the incident, or
(b)
in the case of a prescribed incident to which subsection (3) (a) applies, that the person neither knew nor suspected that the master of the ship was unable to comply with subsection (1) in relation to the incident.

(5)

Subsection (4) shall not be taken to limit by implication any defence that would, but for that subsection, be available to a person charged with an offence against subsection (3).

(6)

Penalty: $120 000.

(7)

Penalty: $120 000.

(8)

Penalty: $120 000.

(9)

(10)

In this section:

liquid substance, in relation to a discharge into waters referred to in paragraph (a) or (b) of the definition of State waters in section 3 (1), does not include a substance listed in Appendix III to Annex II.

prescribed incident, in relation to a ship, means:

(a)
a discharge from the ship of a liquid substance, or a mixture containing a liquid substance, carried as cargo or part cargo in bulk, not being a discharge to which section 18 (4), (5), (6), (7), (8), (9), (10), (11) or (12) applies, or
(b)
an incident involving the probability of a discharge from the ship of a liquid substance, or a mixture containing a liquid substance, carried as cargo or part cargo in bulk, not being a discharge to which section 18 (4), (5), (6), (7), (8), (9), (10), (11) or (12) would apply.

21Cargo record book(1)

This section applies to a trading ship proceeding on an intra-state voyage that carries liquid substances in bulk.

(2)

A cargo record book shall be carried in every ship to which this section applies.

(3)

A cargo record book shall be in accordance with the prescribed form with provision made for a signature, in accordance with subsection (7), in relation to each entry made in it and for a signature, in accordance with subsection (8), on each page of it.

(4)

Where a ship to which this section applies does not carry a cargo record book as required by this section, the master and the owner of the ship are each guilty of an offence punishable, upon conviction, by a fine not exceeding:

(a)
if the offender is a natural person—200 penalty units, or
(b)
if the offender is a body corporate—1 000 penalty units.

(5)

Whenever a prescribed operation or occurrence is carried out or occurs in, or in relation to, a ship to which this section applies, the master of the ship shall make, without delay, appropriate entries in, or cause appropriate entries to be made without delay in, the ship’s cargo record book, being entries in accordance with subsection (7).

Penalty: 200 penalty units.

(6)

Where an inspector has inspected a ship to which this section applies, the inspector shall make, without delay, appropriate entries in the ship’s cargo record book in accordance with subsection (7).

(7)

An entry in a ship’s cargo record book:

(a)
shall be made in the English language, and
(b)
in the case of an entry made in relation to a prescribed operation, shall be signed by the officer or other person in charge of the operation.

(8)

Where a page of a ship’s cargo record book is completed, the master of the ship shall, without delay, sign the page.

Penalty: 200 penalty units.

22False entries in cargo record book

A person shall not make, in a cargo record book of a ship to which section 21 applies, an entry that is false or misleading in a material particular.

Penalty: 200 penalty units.

23Cargo record book to be retained(1)

A cargo record book of a ship to which section 21 applies shall be retained in the ship until the expiration of a period of one year after the day on which the last entry was made in the book and shall be readily available for inspection at all reasonable times.

(2)

Where a cargo record book is not retained in a ship in accordance with subsection (1), the master and the owner of the ship are each guilty of an offence punishable, upon conviction, by a fine not exceeding:

(a)
if the offender is a natural person—200 penalty units, or
(b)
if the offender is a body corporate—1 000 penalty units.

(3)

The owner of a ship to which section 21 applies shall cause each of the ship’s cargo record books to be retained:

(a)
in the ship, or
(b)
at the registered office in the State of the owner,

until the expiration of the period of 2 years next following the expiration of the period during which the book is required to be retained in the ship by virtue of subsection (1) and to be readily available for inspection at all reasonable times.

(4)

Where a cargo record book of a ship is not retained in accordance with subsection (3), the owner of the ship is guilty of an offence punishable, upon conviction, by a fine not exceeding:

(a)
if the owner is a natural person—200 penalty units, or
(b)
if the owner is a body corporate—1 000 penalty units.

(5)

The owner of a ship to which section 21 applies who resides in the State, or has an office or agent in the State, may from time to time furnish to a prescribed officer notice, in writing, of an address, being the address of:

(a)
the place in the State at which the owner so resides,
(b)
the office in the State or, if there is more than one office in the State, the principal office in the State of the owner, or
(c)
the office or place of residence in the State of the owner’s agent or, if the agent has more than one office in the State, the principal office in the State of the agent,

and the place or office of which an address is furnished for the time being under this subsection is the registered office in the State of the owner of the ship for the purposes of subsection (3).

(6)

Where the owner of a ship to which section 21 applies does not reside in the State and does not have an office or agent in the State, the owner may deposit a cargo record book of the ship with a prescribed officer and, while the book is so deposited, the book shall, for the purposes of subsection (3), be deemed to be retained at the registered office in the State of the owner.

24Cleaning of tanks of ships

The regulations may make provision for and in relation to giving effect to Regulation 8 of Annex II.

Part 4Pollution relating to transfer operations25Interpretation(1)

In this Part:

appropriate person means:

(a)
in relation to a discharge from an apparatus on a ship:
- (i)
  the owner of the ship, or
- (ii)
  the master of the ship, or
- (iii)
  the owner of the apparatus, or
- (iv)
  the person in charge of the apparatus, and
(b)
in relation to a discharge from a ship:
- (i)
  the owner of the ship, or
- (ii)
  the master of the ship, or
- (iii)
  the person in charge of the transfer operation of the ship, and
(c)
in relation to a discharge from an apparatus on a place on land:
- (i)
  the occupier of the place, or
- (ii)
  the owner of the apparatus, or
- (iii)
  the person in charge of the apparatus, and
(d)
in relation to a discharge from a place on land the occupier of the place, and
(e)
in relation to a discharge from a purpose built pipeline:
- (i)
  the occupier of the land on which the pipeline is situated, or
- (ii)
  the person in charge of the pipeline, or
- (iii)
  the owner of the pipeline.

liquid substance does not include oil.

mixture includes ballast water, tank washings and other residues.

occupier:

(a)
in relation to a place on land (other than a pipeline) means:
- (i)
  the person exercising personally or by employees or agents the right of occupation of the land, or
- (ii)
  if there is no occupier—the owner of the land, and, in the case of a vehicle, includes the person in charge and the owner of the vehicle, but does not include the occupier or owner of the land on or over which the vehicle stands or moves, and
(b)
in relation to a pipeline means:
- (i)
  the owner of the pipeline, and
- (ii)
  the lessee, licensee or user of any lease, licence or right of user for the use of the pipeline for the carriage of oil or of an oily mixture or of a liquid substance or of a mixture containing a liquid substance.

oil has the same meaning as it has in Part 2.

place on land includes:

(a)
any structure or apparatus on or above or below the surface of any land,
(b)
any thing or vehicle resting on or moving over land,
(c)
any thing resting on or lying under the bed, bank or shore of any State waters,
(d)
a pipeline, and
(e)
any thing afloat (other than a ship) if it is anchored or attached to the bed, bank or shore of any State waters or is used in any operation for the exploration of the sea-bed or subsoil beneath any State waters or for the exploitation of the natural resources of that sea-bed or subsoil.

purpose-built pipeline means a pipeline prescribed for the purposes of this definition.

transfer operation means any operation that is involved in the preparation for, or in the commencement, carrying on or termination of, a transfer of oil or of an oily mixture or of a liquid substance or of a mixture containing a liquid substance to or from a ship or a place on land.

(2)

Except in so far as the contrary intention appears, an expression that is used in this Part and in Annex I or Annex II to the Convention (whether or not a particular meaning is assigned to it by that Annex) has, in this Part, the same meaning as in that Annex.

(3)

For the avoidance of doubt, more than one appropriate person in relation to a discharge may be found guilty of an offence under section 27 or 28.

26Discharges to which Part applies

This Part applies to a discharge of oil or of an oily mixture or of a liquid substance or of a mixture containing a liquid substance into State waters:

(a)
from a ship or place on land in or in connection with a transfer operation, or
(b)
from any apparatus or purpose-built pipeline used in or in connection with a transfer operation, whether or not it is being so used,

but does not apply:

(c)
to a discharge that occurs on the landward side of the first isolating valve on land of any apparatus or purpose-built pipeline used in or in connection with a transfer operation, whether or not it is being so used, or at any other place prescribed for the purposes of this section, or
(d)
to a discharge to which Part 2 or 3 applies.

27Prohibition of discharges to which Part applies(1)

If a discharge to which this Part applies occurs, each appropriate person in relation to the discharge, and any other person whose act caused the discharge, are each guilty of an offence punishable, upon conviction, by a fine not exceeding:

(a)
if the offender is a natural person—$500 000, or
(b)
if the offender is a body corporate—$10 000 000.

(2)

Subsection (1) does not apply to a discharge:

(a)
if the discharge was for the purpose of combating specific pollution incidents in order to minimise the damage from pollution and was approved by a prescribed officer, or

(b)
if the discharge was carried out by the holder of a licence under the Protection of the Environment Operations Act 1997 in accordance with that licence.

28Duty to report discharge(1)

If a discharge to which this Part applies occurs, each appropriate person in relation to the discharge shall, without delay, notify, in the prescribed manner, the Minister of the occurrence.

Penalty: $120 000.

(2)

In a prosecution of a person for an offence against subsection (1) in relation to an occurrence, it is a defence if the person proves that the person was unable to comply with the subsection in relation to the occurrence.

(3)

A person who, pursuant to subsection (1), has notified the Minister of the occurrence of a discharge, shall, if so requested by the Minister, furnish, within the prescribed time, a report to the Minister in relation to the occurrence in accordance with the prescribed form.

Penalty: $120 000.

(4)

A person shall not, in a notice given to the Minister pursuant to subsection (1) or in a report furnished to the Minister pursuant to subsection (3), make a statement that is false or misleading in a material particular.

Penalty: $120 000.

(5)

A notice given to the Minister pursuant to subsection (1), and a report furnished to the Minister pursuant to subsection (3), shall not, without the consent of the person charged, be admitted in evidence in a prosecution for an offence against section 27 (1).

29Keeping of records relating to transfer etc(1)

This section applies to:

(a)
the owner or the master of a ship or the occupier of a place on land to or from which oil or an oily mixture or a liquid substance or a mixture containing a liquid substance is transferred,
(b)
the person in charge of an apparatus or a purpose-built pipeline used in or in connection with a transfer operation, and
(c)
the occupier of a purpose-built pipeline used in or in connection with a transfer operation.

(2)

A person to whom this section applies shall keep such records as the person is required to keep by the regulations.

(3)

The regulations may:

(a)
prescribe the form in which the records shall be kept and the nature of the entries to be made in them,
(b)
require the person keeping the records to retain them for a prescribed period and in a prescribed place,
(c)
require the records, at the end of that period, to be transmitted to a place or person determined by or under the regulations, and
(d)
provide for the custody or disposal of the records after their transmission.

(4)

Whenever an occurrence required by regulations made under this section to be recorded by a person occurs, the person shall make, without delay, the appropriate entry in the prescribed record.

Penalty: 200 penalty units.

(5)

A person shall not fail to keep or cause to be kept or to retain or to transmit a record in accordance with regulations made under this section.

Penalty: If the offender is a natural person, 200 penalty units and if the offender is a corporation, 1 000 penalty units.

(6)

A person shall not make, in a record required to be kept by regulations made under this section, an entry that is false or misleading in a material particular.

Penalty: 200 penalty units.

30Joint and several liability—pipelines

Where a discharge to which this Part applies occurs from a pipeline:

(a)
the owner of the pipeline, and
(b)
any lessee, licensee or user of any lease, licence or right of user for the use of the pipeline for the carriage of oil or of an oily mixture or of a liquid substance or of a mixture containing a liquid substance,

are, for the purposes of this Part and Part 6, jointly and severally liable.

31Several liability—ships

Where:

(a)
a discharge to which this Part applies occurs from 2 or more ships, and
(b)
it is not reasonably practicable to identify the oil or oily mixture or liquid substance or mixture containing a liquid substance that has discharged from a particular ship,

all of the oil or oily mixture or liquid substance or mixture containing a liquid substance discharged shall be deemed, for the purposes of this Part and Part 6, to have been discharged from each of those ships.

32Restrictions on transfer of oil etc at night(1)

Oil or oily mixtures or liquid substances or mixtures containing liquid substances shall not be transferred between sunset and sunrise to or from a ship in State waters unless:

(a)
notice of the transfer has been given to, and
(b)
permission in writing is obtained from,

the harbour master or other person in charge of the waters or the Minister.

(2)

In the case of a transfer to be carried out at a place where transfers are frequently and regularly carried out:

(a)
the notice may be a general notice that transfers will be carried out within a period specified in the notice, and
(b)
the permission may be general and subject to such conditions as the harbour master, person or Minister thinks fit.

(3)

If any oil or oily mixture or liquid substance or mixture containing a liquid substance is transferred to or from a ship in contravention of this section, or if a condition attached to a permission given is not observed:

(a)
the owner and the master of the ship, and
(b)
if it is transferred to or from a place on land, the occupier of that place,

are each guilty of an offence.

Penalty: 500 penalty units.

Part 5Ships carrying or using oil or carrying noxious liquid substancesDivision 1Preliminary33Interpretation(1)

In this Part:

Annex I means Annex I to the Convention.

Annex II means Annex II to the Convention.

foreign ship means a ship that is not an Australian ship.

(2)

Except in so far as the contrary intention appears, an expression that is used in this Part and in Annex I or Annex II (whether or not a particular meaning is assigned to it by the Annex) has, in this Part, the same meaning as in that Annex.

(3)

For the purposes of this Part, a ship shall not be taken to comply with:

(a)
the provisions of Annex I if it does not comply with the regulations and orders referred to in section 35, or
(b)
the provisions of Annex II if it does not comply with the regulations and orders referred to in section 40.

34Application of Part

This Part applies to:

(a)
a trading ship proceeding on an intra-state voyage,
(b)
an Australian fishing vessel proceeding on a voyage other than an overseas voyage, and
(c)
a pleasure vessel.

Division 2Ships carrying or using oil35Regulations to give effect to Regulations 13 to 19 (inclusive) of Annex I(1)

The regulations may make provision for and in relation to giving effect to Regulations 13 to 19 (inclusive) of Annex I.

(2)

Without limiting the generality of subsection (1), regulations made for the purposes of that subsection may empower the Minister to make orders with respect to any matter for or in relation to which provision may be made by the regulations by virtue of this section.

36Ship construction certificates

Where, on receipt of declarations of survey in respect of a ship, the Minister is satisfied that the ship is constructed in accordance with the provisions of Annex I, the Minister may, whether or not the ship is required by Annex I to be constructed in accordance with those provisions, issue in respect of the ship a ship construction certificate in the prescribed form attesting such compliance.

37Alteration etc of construction of ships and cancellation of certificates(1)

Where the construction of a ship in respect of which a ship construction certificate issued under section 36 is in force is altered, or such a ship is damaged, in a manner which affects its compliance with the provisions of Annex I, the master or owner of the ship shall, within 7 days after the construction of the ship is altered or the ship is damaged, as the case may be, give a notice in writing of the alteration or damage to such person, and in such form, as are prescribed and, if the notice is not so given, the master and the owner of the ship are each guilty of an offence punishable, upon conviction, by a fine not exceeding:

(a)
if the offender is a natural person—10 penalty units, or
(b)
if the offender is a body corporate—50 penalty units.

(2)

Where a notice required to be given under subsection (1) is not given within the period referred to in that subsection, the following provisions of this subsection have effect:

(a)
the obligation to give the notice continues, notwithstanding that that period has expired, until the notice is given,
(b)
the master and the owner of the ship are each guilty of a separate and further offence in respect of each day during which the notice is not given, being a day after the expiration of that period,
(c)
the penalty applicable to each such separate and further offence is a fine not exceeding:
- (i)
  if the offender is a natural person—10 penalty units, or
- (ii)
  if the offender is a body corporate—50 penalty units.

(3)

Where the Minister has reason to believe that:

(a)
the report of a surveyor concerning a ship in respect of which a ship construction certificate issued under section 36 is in force was fraudulently or erroneously made or obtained,
(b)
a ship construction certificate has been issued under section 36 in respect of a ship upon false or erroneous information,
(c)
the construction of a ship in respect of which a ship construction certificate issued under section 36 is in force has been altered, or such a ship has been damaged, in a manner which affects its compliance with the provisions of Annex I, or
(d)
the owner of a ship in respect of which a ship construction certificate issued under section 36 is in force has failed to comply with section 38 in respect of the ship,

the Minister may, by instrument in writing, cancel the certificate.

(4)

Where the Minister cancels a ship construction certificate issued by it in respect of a ship, the certificate is of no force or effect after the Minister has given notice in writing of the cancellation addressed to the owner, agent or master of the ship and served in accordance with the regulations.

(5)

Where a ship construction certificate issued in respect of a ship is cancelled under this section, the Minister may, by notice in writing addressed to the owner, agent or master of the ship and served in accordance with the regulations, require the certificate to be delivered up to the Minister or to such other person as the Minister specifies, and the Minister may detain the ship until the requirement is complied with.

38Ships to be surveyed periodically(1)

The owner of a ship in respect of which a ship construction certificate issued under section 36 is in force shall, at least once during each period that is a prescribed period in relation to the ship for the purposes of this section, cause the ship to be surveyed for the purpose of ensuring its compliance with the provisions of Annex I.

(2)

Where the owner of a ship in respect of which a ship construction certificate issued under section 36 is in force fails to comply with subsection (1) in relation to the ship and to a period that is a prescribed period in relation to the ship, the owner is guilty of an offence punishable, upon conviction, by a fine not exceeding:

(a)
if the owner is a natural person—20 penalty units, or
(b)
if the owner is a body corporate—100 penalty units.

39Requirement for ship construction certificates(1)

This section applies to:

(a)
a trading ship proceeding on an intra-state voyage,
(b)
an Australian fishing vessel proceeding on a voyage other than an overseas voyage, or
(c)
a pleasure vessel,

that is:

(d)
an oil tanker that has a gross tonnage of 150 or more, or
(e)
a ship, other than an oil tanker, that has a gross tonnage of 400 or more.

(2)

The master of a ship to which this section applies shall not begin a voyage unless there is in force in respect of the ship a ship construction certificate.

Penalty: 100 penalty units or imprisonment for 4 years, or both.

(3)

The owner of a ship to which this section applies shall not permit the ship to begin a voyage unless there is in force in respect of the ship a ship construction certificate.

Penalty:

(a)
if the offender is a natural person—100 penalty units or imprisonment for 4 years, or both, or
(b)
if the offender is a body corporate—500 penalty units.

(4)

In this section ship construction certificate means:

(a)
a ship construction certificate issued under section 36,
(b)
a ship construction certificate issued under section 267B of the Navigation Act 1912 of the Commonwealth,
(c)
a ship construction certificate issued under a law of another State or the Northern Territory and being a certificate of a kind prescribed as acceptable for the purposes of this Division,
(d)
an International Oil Pollution Prevention Certificate issued to a foreign ship under section 267C of the Navigation Act 1912 of the Commonwealth, or
(e)
an International Oil Pollution Prevention Certificate issued to an Australian ship under the law of a country other than Australia giving effect to Regulation 6 of Annex I.

(5)

The owner of a ship to which this section applies in respect of which a ship construction certificate is in force shall cause the certificate to be carried on board the ship.

Penalty: 10 penalty units.

Division 3Prevention of pollution from ships carrying noxious substances in bulk40Regulations to give effect to Regulation 13 of Annex II(1)

The regulations may make provision for and in relation to giving effect to Regulation 13 of Annex II.

(2)

41Chemical tanker construction certificates

Where, on receipt of declarations of survey in respect of a ship, the Minister is satisfied that the ship is constructed in accordance with the provisions of Annex II, the Minister may, whether or not the ship is required by Annex II to be constructed in accordance with those provisions, issue in respect of the ship a chemical tanker construction certificate in the prescribed form attesting such compliance.

42Alteration etc of construction of ships and cancellation of certificates(1)

Where the construction of a ship in respect of which a chemical tanker construction certificate issued under section 41 is in force is altered, or such a ship is damaged, in a manner which affects its compliance with the provisions of Annex II, the master or owner of the ship shall, within 7 days after the construction of the ship is altered or the ship is damaged, as the case may be, give a notice in writing of the alteration or damage to such person, and in such form, as are prescribed and, if the notice is not so given, the master and the owner of the ship are each guilty of an offence punishable, upon conviction, by a fine not exceeding:

(a)
if the offender is a natural person—10 penalty units, or
(b)
if the offender is a body corporate—50 penalty units.

(2)

Without limiting the generality of subsection (1), a ship in respect of which a chemical tanker construction certificate is in force shall, for the purposes of that subsection, be taken to be damaged if the ship becomes unfit to proceed to sea without presenting an unreasonable threat of harm to the marine environment.

(3)

Where a notice required to be given under subsection (1) is not given within the period referred to in that subsection, the following provisions of this subsection have effect:

(a)
the obligation to give the notice continues, notwithstanding that that period has expired, until the notice is given,
(b)
the master and the owner of the ship are each guilty of a separate and further offence in respect of each day during which the notice is not given, being a day after the expiration of that period,
(c)
the penalty applicable to each such separate and further offence is a fine not exceeding:
- (i)
  if the offender is a natural person—10 penalty units, or
- (ii)
  if the offender is a body corporate—50 penalty units.

(4)

Where the Minister has reason to believe that:

(a)
the report of a surveyor concerning a ship in respect of which a chemical tanker construction certificate issued under section 41 is in force was fraudulently or erroneously made or obtained,
(b)
a chemical tanker construction certificate has been issued under section 41 in respect of a ship upon false or erroneous information,
(c)
the construction of a ship in respect of which a chemical tanker construction certificate issued under section 41 is in force has been altered, or such a ship has been damaged, in a manner which affects its compliance with the provisions of Annex II, or
(d)
the owner of a ship in respect of which a chemical tanker construction certificate issued under section 41 is in force has failed to comply with section 43 in respect of the ship,

the Minister may, by instrument in writing, cancel the certificate.

(5)

Where the Minister cancels a chemical tanker construction certificate issued by it in respect of a ship, the certificate is of no force or effect after the Minister has given notice in writing of the cancellation addressed to the owner, agent or master of the ship and served in accordance with the regulations.

(6)

Where a chemical tanker construction certificate issued in respect of a ship is cancelled under this section, the Minister may, by notice in writing addressed to the owner, agent or master of the ship and served in accordance with the regulations, require the certificate to be delivered up to the Minister or to such other person as the Minister specifies, and the Minister may detain the ship until the requirement is complied with.

43Ships to be surveyed periodically(1)

The owner of a ship in respect of which a chemical tanker construction certificate issued under section 41 is in force shall, at least once during each period that is a prescribed period in relation to the ship for the purposes of this section, cause the ship to be surveyed for the purpose of ensuring its compliance with the provisions of Annex II.

(2)

Where the owner of a ship in respect of which a chemical tanker construction certificate issued under section 41 is in force fails to comply with subsection (1) in relation to the ship and to a period that is a prescribed period in relation to the ship, the owner is guilty of an offence punishable, upon conviction, by a fine not exceeding:

(a)
if the owner is a natural person—20 penalty units, or
(b)
if the owner is a body corporate—100 penalty units.

44Requirement for chemical tanker construction certificates(1)

Where a trading ship proceeding on an intra-state voyage is constructed or adapted so that it can carry as cargo, or part cargo, in bulk any substance that, for the purposes of Part 3, is a substance in Category A, B, C or D, the master of that ship shall not begin a voyage, and the owner of that ship shall not permit that ship to begin a voyage, unless there is in force in respect of that ship a chemical tanker construction certificate.

Penalty:

(a)
if the offender is a natural person—100 penalty units or imprisonment for 4 years, or both, or
(b)
if the offender is a body corporate—500 penalty units.

(2)

In this section chemical tanker construction certificate means:

(a)
a chemical tanker construction certificate issued under section 41,
(b)
a chemical tanker construction certificate issued under section 267Q of the Navigation Act 1912 of the Commonwealth,
(c)
a chemical tanker construction certificate issued under a law of another State or the Northern Territory and being a certificate of a kind prescribed as acceptable for the purposes of this Division, or
(d)
an International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk issued to a foreign ship under section 267R of the Navigation Act 1912 of the Commonwealth.

(3)

The owner of a ship of the kind referred to in subsection (1) in respect of which a chemical tanker construction certificate is in force shall cause the certificate to be carried on board the ship.

Penalty: 10 penalty units.

Part 6Miscellaneous45Reception facilities(1)

The Minister may provide, join with any other person (including the Crown) in providing, arrange for the provision of, or direct the provision of, reception facilities in accordance with Regulation 12 of Annex I and Regulation 7 of Annex II to the Convention.

1221	C
Isopropylbenzene	1918	B
Isopropyl cyclohexane	D
Isopropyl ether	1159	D
Isovaleraldehyde	2058	C
Lactic acid	D
Lactonitrile solution (80% or less)	B
Latex (ammonia inhibited)	D
Linseed oil	D
Maleic anhydride	2215	D
Mercaptobenzothiazol, sodium salt solution	(B)
Mesityl oxide	1229	D
Methacrylic acid	2531	D
Methacrylic resin in 1, 2-Dichloroethane solution	(D)
Methacrylonitrile	(B)
Methanethiol	A	0.1	0.05
3-Methoxybutyl acetate	2708	D
Methyl acrylate	1919	C
Methylamine solutions (42% or less)	1235	C
Methyl amyl acetate	1233	(C)
Methyl amyl alcohol	2053	(C)
Methyl amyl ketone	1110	(C)
Methyl benzoate	2938	B
Methyl tert-butyl ether	2398	D
2-Methyl butyraldehyde	(C)
4, 4’-Methylene dianiline and its higher molecular weight polymers/o-Dichlorobenzene mixtures	B
Methylethanolamine	C	3
2-Methyl-6-ethylaniline	C
Methyl ethyl ketone	1193	D
2-Methyl-5-ethyl pyridine	2300	(B)
Methyl formate	1243	D
Methyl isobutyl ketone	1245	D
Methyl methacrylate	1247	D
alpha-Methylnaphthalene	A	0.1	0.05
beta-Methylnaphthalene	(A)	0.1	0.05
Methyl naphthalene	A	0.1	0.05
2-Methyl-1-penetene	2288	C
Methylpropyl ketone	1249	D
2-Methylpyridine	2313	B
4-Methylpyridine	2313	B
N-Methyl-2-pyrrolidone	B
Methyl salicylate	(B)
alpha-Methylstyrene	2303	A	0.1	0.05
Morpholine	2054	D
Motor fuel anti-knock compounds	1649	A	0.1	0.05
Naphthalene (molten)	2304	A	0.1	0.05
Naphthenic acids	(A)	0.1	0.05
Neodecanoic acid	(B)
Nitrating acid (mixture of sulphuric and nitric acids)	1796	(C)
Nitric acid (less than 70%)	2031	C
Nitric acid (70% and over)	2031 2032	C
Nitrilotriacetic acid, trisodium salt solution	D
Nitrobenzene	1662	B
Nitroethane	2842	(D)
Nitromethane	1261	(D)
o-Nitrophenol (molten)	1663	B
1- or 2-Nitropropane	2608	D
Nitropropane (60%)/Nitroethane (40%) mixture	1993	D
Nitrotoluenes	1664	C
Nonane	1920	(D)
Nonanoic acid	D
Nonene	B
Nonyl alcohol	C
Nonyl phenol	A	0.1	0.05
Nonylphenol poly (4–12) ethoxylates	B
9, 12-Octadecadienoic acid (Linoleic acid)	D
9, 12, 15-Octadecatrienoic acid (Linolenic acid)	D
Octane	1262	(D)
Octanol (all isomers)	C
Octene (all isomers)	B
n-Octyl acetate	(D)
Octyl decyl phthalate	D
Olefins, straight chain, mixtures	B
Olefins (C6–C8 mixtures)	B
alpha-Olefins (C6–C18 mixtures)	B
Oleic acid	(D)
Oleum	1831	C
Olive oil	D
Oxalic acid (10–25%)	D
Palm nut oil	D
Palm oil	D
Palm oil, methyl ester	D
Palm stearin	D
n-Paraffin (C10–C20)	(D)
Paraldehyde	1264	C
Pentachloroethane	1669	B
1,3-Pentadiene	C
Pentaethylenehexamine/Tetraethylenepentamine mixture	D
n-Pentane	1265	C
1-Pentanol	1105	D
2-Pentanol	1105	(D)
3-Pentanol	1105	(D)
Pentene (all isomers)	C
Perchloroethylene	1897	B
Phenol	2312	B
1-Phenly-1-xylyl ethane	C
Phosphoric acid	1805	D
Phosphorus, yellow or white	2447	A	0.01	0.005
Phosphorus oxychloride	1810	D
Phosphorus trichloride	1809	D
Phthalic anhydride	2214	C
Pinene	2368	A	0.1	0.05
Polyalkylene glycol butyl ether	(D)
Polyethylene polyamines	2734 2735	(C)
Polymethylene polyphenyl isocyanate	2206 2207	D
Polypropylene glycols	D
Potassium hydroxide solution	1814	C
Potassium silicate solution	(D)
n-Propanolamine	C
beta-Propiolactone	D
Propionaldehyde	1275	D
Propionic acid	1848	D
Propionic anhydride	2496	C
Propionitrile	2404	C
n-Propyl acetate	1276	D
n-Propyl alcohol	1274	D
n-Propylamine	1277	C
n-Propyl benzene	2364	(C)
n-Propyl chloride	1278	B
Propylene dimer	(C)
Propylene glycol ethyl ether	(D)
Propylene glycol methyl ether	(D)
Propylene oxide	1280	D
Propylene trimer	2057	B
Pyridine	1282	B
Rape seed oil	D
Rice bran oil	D
Rosin	A	0.1	0.05
Rosin soap (disproportionated) solution	B
Safflower oil	D
Sesame oil	D
Silicon tetrachloride	1818	D
Sodium aluminate solution	1819	C
Sodium borohydride (15% or less)/Sodium hydroxide solution	C
Sodium dichromate solution (70% or less)	B
Sodium hydrogen sulphite solution	2693	D
Sodium hydrosulphide solution (45% or less)	2949	B
Sodium hydrosulphide/Ammonium sulphide solution	B
Sodium hydroxide solution	1824	D
Sodium hypochlorite solution (15% or less)	1791	B
Sodium nitrite solution	1577	B
Sodium silicate solution	D
Sodium sulphide solution	1849	B
Sodium sulphite solution	(C)
Soya bean oil	D
Sperm oil	D
Styrene monomer	2055	B
Sulphuric acid	1830	C
Sulphuric acid, spent	1832	C
Sulphurous acid	1833	(C)
Sunflower oil	D
Tall oil, crude and distilled	A	0.1	0.05
Tall oil fatty acid (resin acids less than 20%)	(C)
Tall oil soap (disproportionated) solution	B
Tallow	D
Tannic acid	C
Tetrachloroethane	1702	B
Tetraethylenepentamine	2320	D
Tetra hydrofuran	2056	D
Tetrahydronaphthalene	C
1,2,3,5-Tetramethylbenzene	(C)
Titanium tetrachloride	1838	(D)
Toluene	1294	C
Toluenediamine	1709	C
Toluene diisocyanate	2078	C
o-Toluidine	1708	C
Tributyl phosphate	B
1,2,4-Trichlorobenzene	2321	B
1,1,1-Trichloroethane	2831	B
1,1,2-Trichloroethane	B
Trichloroethylene	1710	B
1,2,3-Trichloropropane	B
1,1,2-Trichloro- 1,2,2-triflouroethane	C
Tricresyl phosphate (containing less than 1% ortho-isomer)	A	0.1	0.05
Tricresyl phosphate (containing 1% or more ortho-isomer)	2574*	A	0.1	0.05
Triethanolamine	D
Triethylamine	1296	C
Triethylbenzene	A	0.1	0.05
Triethyl glycol methyl ether	(D)
Triethylenetramine	2259	D
Triethyl phosphate	D
Triisopropanolamine	D
Trimethylacetic acid	D
Trimethylamine	C
1,2,3-Trimethylbenzene	(B)
1,2,4-Trimethylbenzene	B
1,3,5-Trimethylbenzene	2325	(B)
Trimethylhexamethyl diamine (2,2,4- and 2,4,4-isomers)	2327
Trimethylhexamethylene diisocyanate (2,2,4- and 2,4,4-isomers)	2328	B
Trimethylol propane polyethoxylate	D
2,2,4-Trimethyl-1,3-penthanediol-1-iso-butyrate	C
Tripropylene glycol methyl ether	(D)
Trixylyl phosphate	A	0.1	0.05
Tung oil	D
Turpentine	1299	B
Undecane	2330	(D)
1-Undecene	B
Undecyl alcohol	B
Urea, Ammonium nitrate solution	D
Urea, Ammonium phosphate solution	D
Urea, Ammonium nitrate solution (containing aqua Ammonia)	C
n-Valeraldehyde	2058	D
Vinyl acetate	1301	C
Vinyl ethyl ether	1302	C
Vinylidene chloride	1303	B
Vinyl neodecanoate	C
Vinyl toluene	2618	A	0.1	0.05
White spirit, low (15–20%) aromatic	1300	(B)
Xylene	1307	C
Xylenol	2261	B

*UN number 2574 applies to Tricresyl phosphate containing more than 3% ortho-isomer.

Existing list is replaced by the following:

Substance	UN Number
Acetone	1090
Acetonitrile	1648
Alcohols, C1, C2, C3 as individuals and mixtures
Alcohols, C4
Alcohols, C13 and above as individuals and mixtures
Alum (15% solution)
tert-Amyl alcohol	1105
n-Butyl alcohol	1120
sec-Butyl alcohol	1120
tert-Butyl alcohol	1120
Butyl stearate
Calcium bromide solution
Cetyl/Eicosyl methacrylate mixture
Citric juice
Dextrose solution
Dibutyl sebacate
Dicyclopentadiene	2048
Diethanolamine
Diethylene glycol
Diethylene glycol diethyl ether
Diethylene glycol butyl ether
Diethylene glycol ethyl ether
Diethylenetriamine pentaacetic acid, pentasodium salt solution
Diethyl ether	1155
Diethyl ketone	1156
Diheptyl phthalate
Dihexyl phthalate
Dioctyl phthalate
Dipropylene glycol
Dodecyl methacrylate
Dodecyl/Pentadecyl methacrylate mixture
Ethyl alcohol	1170
Ethylene carbonate
Ethyl glycol butyl ether	2369
Ethylene glycol tertiary butyl ether
Ethylene-vinylacetate copolymer (emulsion)
Glycerin
Glycerine sodium salt solution
1-Heptadecene
n-Heptane	1206
1-Hexadecene
n-Hexane	1208
Hexylene glycol
Isobutyl alcohol	1212
Isopropyl acetate	1220
Isopropyl alcohol	1219
Lard
Latex (carboxylated styrene/butadiene copolymer)
Lignin sulphonic acid, salt (low COD) solution
Magnesium chloride solution
Magnesium hydroxide slurry
3-Methoxy-1-butanol
Methyl acetate	1231
Methyl alcohol	1230
2-Methyl-2-hydroxy-3-butyne
3-Methyl-3-methoxy butanol
3-Methyl-3-methoxy butyl acetate
2-Methylpentane*	1208
Milk
Molasses
1-Octadecanol
Olefins (C13 and above, all isomers)
Paraffin wax
1-Pentadecene
Petroleum spirit	1271
Polyaluminium chloride solution
Polybutene
Polyethylene glycols
Polyethylene glycol dimethyl ether
Polypropylene glycol methyl ether
Polysiloxane
1,2-Propylene glycol
Propylene tetramer	2850
Sodium alumino silicate slurry
Sodium chlorate solution (50% or less)	2428
Sodium salicylate
Sorbitol
Sulpholane*
Sulphur (molten)	2448
1-Tetradecanol
Tetradecene
Tridecanol
Tridecene
Triethylene glycol
Triethylene glycol butyl ether
Triisobutylene	2324
Tripropylene butyl glycol
Urea solution
Urea resin solution
Vegetable protein solution (hydrolyzed)
Wine

*Asterisk indicates that the substance has been provisionally included in this list and that further data are necessary in order to complete the evaluation of its environmental hazards, particularly in relation to living resources.

The existing Appendix IV is replaced by the following:

CARGO RECORD BOOK FOR SHIPS CARRYING NOXIOUS LIQUID SUBSTANCES IN BULK

Name of ship	:
Distinctive number or letters	:
Gross tonnage	:

Period from: to:

[lhrule]

Note—

Every ship carrying noxious liquid substances in bulk shall be provided with a Cargo Record Book to record relevant cargo/ballast operations.

NAME OF SHIP:

DISTINCTIVE NUMBER OR LETTERS:

PLAN VIEW OF CARGO AND SLOP TANKS

(to be completed on board)

INTRODUCTION

The following pages show a comprehensive list of items of cargo and ballast operations which are, when appropriate, to be recorded in the Cargo Record Book on a tank-to-tank basis in accordance with paragraph 2 of Regulation 9 of Annex II of the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto, as amended. The items have been grouped into operational sections, each of which is denoted by a letter.

When making entries in the Cargo Record Book, the date, operational code and item number shall be inserted in the appropriate columns and the required particulars shall be recorded chronologically in the blank spaces.

Each completed operation shall be signed for and dated by the officer or officers in charge and, if applicable, by a surveyor authorized by the competent authority of the State in which the ship is unloading. Each completed page shall be countersigned by the master of the ship.

Entries in the Cargo Record Book are required only for operations involving Categories A, B, C and D substances.

LIST OF ITEMS TO BE RECORDED

Entries are required only for operations involving Categories A, B, C and D substances.

LOADING OF CARGO

Place of loading.

Identify tank(s), name of substance(s) and category(ies).

INTERNAL TRANSFER OF CARGO

Name and category of cargo(es) transferred.

Identity of tanks.

.1
From:
.2
To:

Was (were) tank(s) in 4.1 emptied?

If not, quantity remaining in tank(s).

UNLOADING OF CARGO

Place of unloading.

Identity of tank(s) unloaded.

Was (were) tank(s) emptied?

.1
If yes, confirm that the procedure for emptying and stripping has been performed in accordance with the ship’s Procedures and Arrangements Manual (i.e., list, trim, stripping temperature).
.2
If not, quantity remaining in tank(s).

Does the ship’s Procedures and Arrangements Manual require a prewash with subsequent disposal to reception facilities?

Failure of pumping and/or stripping system.

.1
Time and nature of failure.
.2
Reasons for failure.
.3
Time when system has been made operational.

MANDATORY PREWASH IN ACCORDANCE WITH THE SHIP’S PROCEDURES AND ARRANGEMENTS MANUAL

Identify tank(s), substance(s) and category(ies).

Washing method:

.1
Number of washing machines per tank.
.2
Duration of wash/washing cycles.
.3
Hot/cold wash.

Prewash slops transferred to:

.1
Reception facility in unloading port (identify port).
.2
Reception facility otherwise (identify port).

CLEANING OF CARGO TANKS EXCEPT MANDATORY PREWASH (OTHER PREWASH OPERATIONS, FINAL WASH, VENTILATION ETC.)

State time, identify tank(s), substance(s) and category(ies) and state:

.1
Washing procedure used.
.2
Cleaning agent(s) (identify agent(s) and quantities).
.3
Dilution of cargo residues with water, state how much water used (only Category D substances).
.4
Ventilation procedure used (state number of fans used, duration of ventilation).

Tanks washings transferred:

.1
Into the sea.
.2
To reception facility (identify port).
.3
To slops collecting tank (identify tank).

DISCHARGE INTO THE SEA OF TANK WASHINGS

Identify tank(s).

.1
Were tank washings discharged during cleaning of tank(s), if so at what rate?
.2
Were tank washing(s) discharged from a slops collecting tank. If so, state quantity and rate of discharge.

Time commenced and stopped pumping.

Ship’s speed during discharge.

BALLASTING OF CARGO TANKS

Identity of tank(s) ballasted.

Time at start of ballasting.

DISCHARGE OF BALLAST WATER FROM CARGO TANKS

Identity of tank(s).

Discharge of ballast:

.1
Into the sea.
.2
To reception facilities (identify port).

Time commenced and stopped ballast discharge.

Ship’s speed during discharge.

ACCIDENTAL OR OTHER EXCEPTIONAL DISCHARGE

Time of occurrence.

Approximate quantity, substance(s) and category(ies).

Circumstances of discharge or escape and general remarks.

CONTROL BY AUTHORIZED SURVEYORS

Identify port.

Identify tank(s), substance(s), category(ies) discharged ashore.

Have tank(s), pump(s), and piping system(s) been emptied?

Has a prewash in accordance with the ship’s Procedures and Arrangements Manual been carried out?

Have tank washings resulting from the prewash been discharged ashore and is the tank empty?

An exemption has been granted from mandatory prewash.

Reasons for exemption.

Name and signature of authorized surveyor.

Organization, company, government agency for which surveyor works.

ADDITIONAL OPERATIONAL PROCEDURES AND REMARKS

NAME OF SHIP:

DISTINCTIVE NUMBER OR LETTERS:

CARGO/BALLAST OPERATIONS

Date

Code

(letter)

Item

(number)

Record of operations/signature of officer in charge/name of and signature of authorized surveyor

Signature of Master

The existing form of the Certificate is replaced by the following:

“INTERNATIONAL POLLUTION PREVENTION CERTIFICATE FOR THE CARRIAGE OF NOXIOUS LIQUID SUBSTANCES IN BULK

Issued under the provisions of the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto as amended (hereinafter referred to as “the Convention”) under the authority of the Government of

(full official designation of the country)

(full official designation of the competent person or organization authorized under the provisions of the Convention)

Name of ship	Distinctive number of letters	Port of registry	Gross tonnage

THIS IS TO CERTIFY:

1
That the ship has been surveyed in accordance with the provisions of Regulation 10 of Annex II of the Convention.
2
That the survey showed that the structure, equipment, systems, fitting, arrangements and material of the ship and the condition thereof are in all respects satisfactory and that the ship complies with the applicable requirements of Annex II of the Convention.
3
That the ship has been provided with a manual in accordance with the standards for procedures and arrangements as called for by Regulation 5, 5A and 8 of Annex II of the Convention, and that the arrangements and equipment of the ship prescribed in the manual are in all respects satisfactory and comply with the applicable requirements of the said Standards.
4
That the ship is suitable for the carriage in bulk of the following noxious liquid substances, provided that all relevant operational provisions of Annex II of the Convention are observed.

Noxious liquid substances	Conditions of carriage (tank numbers etc.)
*Continued on additional signed and dated sheets

Noxious liquid substances

Conditions of carriage

(tank numbers etc.)

*Continued on additional signed and dated sheets

This certificate is valid, until

subject to surveys in accordance with Regulation 10 of Annex II of the Convention

Issued at

(place of issue of Certificate)

19
(Date of issue)	(Signature of duly authorized official issuing the Certificate)

(Seal or stamp of the issuing Authority, as appropriate)

*Delete as necessary

ENDORSEMENT FOR ANNUAL AND INTERMEDIATE SURVEYS

THIS IS TO CERTIFY that at a survey required by Regulation 10 of Annex II of the Convention the ship was found to comply with the relevant provisions of the Convention:

Annual survey:	Signed:
(signature of duly authorized official)
Place:
Date:

(seal or stamp of the Authority, as appropriate)

Annual/Intermediate survey:	Signed:
(signature of duly authorized official)
Place:
Date:

(seal or stamp of the Authority, as appropriate)

*Delete as appropriate

Annual/Intermediate survey:	Signed:
(signature of duly authorized official)
Place:
Date:

(seal or stamp of the Authority, as appropriate)

*Delete as appropriate

Annual survey:	Signed:
(signature of duly authorized official)
Place:
Date:

(seal or stamp of the Authority, as appropriate)

Schedule 5

Section 3

INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973THE INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973

THE MARINE ENVIRONMENT PROTECTION COMMITTEE,

RECALLING Article 38 (a) of the Convention of the International Maritime Organization concerning the function of the Committee conferred upon it by international conventions for the prevention and control of marine pollution from ships,

NOTING Article 16 of the International Convention for the Prevention of Pollution from Ships, 1973 (hereinafter referred to as the “1973 Convention”) and Article VI of the Protocol of 1978 relating to the 1973 Convention (hereinafter referred to as the “1978 Protocol”) which together specify the amendment procedure of the 1978 Protocol and confers upon the appropriate body of the Organization the function of considering and adopting amendments to the 1973 Convention as modified by the 1978 Protocol (MARPOL 73/78),

HAVING CONSIDERED at its twenty-second session amendments to the 1978 Protocol proposed and circulated in accordance with article 16 (2) (a) of the 1973 Convention,

1. ADOPTS in accordance with article 16 (2) (d) of the 1973 Convention amendments to the 1978 Protocol (relating to Protocol I of MARPOL 73/78), the text of which is set out in the Annex to the present resolution;

2. DETERMINES in accordance with article 16 (2) (f) (iii) of the 1973 Convention that the amendments shall be deemed to have been accepted on 5 October 1986 unless prior to this date one third or more of the Parties or the Parties combined merchant fleets of which constitute fifty per cent or more of the gross tonnage of the world’s merchant fleet, have communicated to the Organization their objections to the amendments;

3. INVITES the Parties to note that in accordance with article 16 (2) (g) (ii) of the 1973 Convention the amendments shall enter into force on 6 April 1987 upon their acceptance in accordance with paragraph 2 above;

4. REQUESTS the Secretary-General in conformity with article 16 (2) (e) of the 1973 Convention to transmit to all Parties to the 1978 Protocol certified copies of the present resolution and the text of the amendments contained in the Annex;

5. FURTHER REQUESTS the Secretary-General to transmit to the Members of the Organization which are not Parties to the 1987 Protocol copies of the resolution and its Annex.

INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973

(in accordance with Article 8 of the Convention)

The existing text of Protocol I is replaced by the following:

The Master or other person having charge of any ship involved in an incident referred to in Article II of this Protocol shall report the particulars of such incident without delay and to the fullest extent possible in accordance with the provisions of this Protocol.

In the event of the ship referred to in paragraph (1) of this Article being abandoned, or in the event of a report from such a ship being incomplete or unobtainable, the owner, charterer, manager or operator of the ship, or their agent shall, to the fullest extent possible, assume the obligations placed upon the Master under the provisions of this Protocol.

The report shall be made when an incident involves:

(a)
a discharge or probable discharge of oil; or noxious liquid substances carried in bulk, resulting from damage to the ship or its equipment, or for the purpose of securing the safety of a ship or saving life at sea; or
(b)
a discharge or probable discharge of harmful substances in packaged form, including those in freight containers, portable tanks, road and rail vehicles and shipborne barges; or
(c)
a discharge during the operation of the ship of oil or noxious liquid substances in excess of the quantity or instantaneous rate permitted under the present Convention.

For the purposes of this Protocol:

(a)
“Oil” referred to in sub-paragraph 1 (a) of this Article means oil as defined in Regulation 1 (1) of Annex I of the Convention.
(b)
“Noxious liquid substances” referred to in sub-paragraph 1 (a) of this Article means noxious liquid substances as defined in Regulation 1 (6) of Annex II of the Convention.
(c)
“Harmful substances” in packaged form referred to in sub-paragraph 1 (b) of this Article means substances which are identified as marine pollutants in the International Maritime Dangerous Goods (IMDG) Code.

Reports shall in any case include:

(a)
identity of ships involved;
(b)
time, type and location of incident;
(c)
quantity and type of harmful substance involved;
(d)
assistance and salvage measures.

Any person who is obliged under the provisions of this protocol to send a report shall, when possible:

(a)
supplement the initial report, as necessary, and provide information concerning further developments; and
(b)
comply as fully as possible with requests from affected States for additional information.

Reports shall be made by the fastest telecommunications channels available with the highest possible priority to the nearest coastal State.

In order to implement the provisions of this Protocol, Parties to the present Convention shall issue, or cause to be issued, regulations or instructions on the procedures to be followed in reporting incidents involving harmful substances, based on guidelines developed by the Organization.”

Schedule 6Repeals and savings and transitional provisions

(Section 64)

Part 1Repeals

Prevention of Oil Pollution of Navigable Waters Act 1960 No 48

Prevention of Oil Pollution of Navigable Waters (Amendment) Act 1985 No 69

Part 2Savings and transitional provisions1Definitions

In this Part:

former Act means the Prevention of Oil Pollution of Navigable Waters Act 1960.

2Notices relating to pollution

Nothing in this Act affects any notice issued under section 7A or 7F of the former Act before the commencement of Part 6 of this Act and the provisions of the former Act shall continue to apply in respect of any such notice as if the former Act were still in force.

3Notices relating to oil transfer restrictions

A permission granted under section 13 of the former Act shall be deemed to have been granted under section 32.

4Regulations(1)

The regulations may contain other provisions of a savings or transitional nature consequent on the enactment of the following:

(a)
this Act,
(b)
Miscellaneous Acts (Marine Pollution) Amendment Act 1987,
(c)
Marine Legislation Amendment (Marine Pollution) Act 2002.

(2)

A provision referred to in subclause (1) may, if the regulations so provide, take effect as from the appointed day or a later day.

(3)

To the extent to which a provision referred to in subclause (1) takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:

(a)
to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b)
to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.

(4)

A provision referred to in subclause (1) shall, if the regulations so provide, have effect notwithstanding any other clause of this Schedule.