Marine Pollution Act 2012 (NSW)
An Act to protect the State’s marine and coastal environment from pollution by oil and certain other marine pollutants discharged from ships; to repeal the Marine Pollution Act 1987; and for other purposes.
This Act is the Marine Pollution Act 2012.
This Act commences on a day or days to be appointed by proclamation.
The object of this Act is to enhance the protection of New South Wales State waters from marine pollution from vessels.
This object is to be achieved primarily by giving effect to the relevant provisions of the following Annexes of MARPOL—
• Annex I, which deals with prevention of pollution by oil,
• Annex II, which deals with control of pollution by noxious liquid substances in bulk,
• Annex III, which deals with prevention of pollution by harmful substances in packaged form,
• Annex IV, which deals with prevention of pollution by sewage,
• Annex V, which deals with prevention of pollution by garbage.
The object is also to be achieved by providing—
(a) an approach to protecting New South Wales State waters from ship-sourced pollutants that is complementary to the approach of the Commonwealth, and
(b) an effective framework for the protection of New South Wales State waters from pollution from vessels, and
(c) for the investigation of marine pollution incidents and for appropriate action following a marine pollution incident, and
(d) for the imposition of penalties on persons who pollute New South Wales State waters in contravention of this Act.
In this Act—
(a) a ship registered in Australia, or
(b) an unregistered ship having Australian nationality.
(a) in relation to a ship with a home port in this State—means certified by Transport for NSW or the Australian Maritime Safety Authority, or
(b) in relation to an Australian ship with a home port outside this State—means certified by the Australian Maritime Safety Authority or by the interstate maritime authority that regulates its home port, or
(c) in relation to a ship having nationality outside Australia—means certified by the relevant national maritime authority of the country whose flag the ship is entitled to fly.
(a) in relation to a ship—means a book required to be carried on board the ship by section 135, or
(b) in relation to a platform—means a book required to be carried on the platform by section 136.
(a) that has a gross tonnage of 400 or more, or
(b) that has a gross tonnage of less than 400 and that is certified to carry more than 15 persons, or
(c) that does not have a measured tonnage and is certified to carry more than 15 persons.
(a) oil,
(b) a noxious liquid substance,
(c) a harmful substance, whether or not in packaged form,
(d) sewage,
(e) garbage.
(a) as corrected by the Proces-Verbal of Rectification dated 13 June 1978, and
(b) as affected by any amendment made under Article 16 of MARPOL, other than an amendment not accepted by Australia or that has not entered into force in Australia, and
(c) as modified and added to by the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973, as affected by any amendment to that Protocol made under Article VI of that Protocol other than an amendment not accepted by Australia or that has not entered into force in Australia.
The full text of the 1973 Convention and the 1978 Protocol referred to in this definition (including all amendments) can be found by searching for “MARPOL” on the website of the Australian Maritime Safety Authority ( The amendments accepted by Australia are the amendments reproduced on that website.
(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 a noxious liquid substance or any combination of those substances (whether in bulk, packaged or another form).
(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,
(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.
(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).
(a) coastal waters of the State, within the meaning of Part 10 of the Interpretation Act 1987, and
(b) waters within the limits of the State.
(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 section 15, 16 or 17 to the discharge of a mixture containing oil from a ship.
(a) damage deliberately caused by the master or owner of, or a member of the crew of, the ship,
(b) damage recklessly caused by the master or owner of, or a member of the crew of, the ship, with the knowledge that damage would probably result,
(c) damage arising as a result of the negligence of the master or owner of, or a member of the crew of, the ship,
(d) deterioration resulting from failure to maintain the ship or equipment,
(e) defects that develop during the normal operation of the ship or equipment.
(a) that has not been categorised in accordance with Regulation 6.1 of Annex II of MARPOL, and
(b) that has not been provisionally assessed in accordance with Regulation 6.3 of Annex II of MARPOL.
An expression used in this Act that is also used in MARPOL (whether or not a particular meaning is assigned to it by MARPOL), has in this Act the same meaning as in MARPOL.
Except as far as the context or subject matter otherwise indicates or requires, if a word or expression is defined in MARPOL (including Protocol I or an Annex of MARPOL) and this Act—
(a) this Act’s definition does not limit or exclude, but may extend, the meaning of the word or expression given under MARPOL, and
(b) the definitions are to be read in the context of each other and the other provisions of this Act, but, if the definitions so read are inconsistent, the MARPOL definition is displaced.
For the purposes of this Act, a person is
(a) with intent to cause the discharge, or
(b) recklessly and with the knowledge that the discharge would probably result, or
(c) negligently.
For the purposes of this Act,
(a) means an operation that is involved in the preparation for, or in the commencement of, carrying on or termination of, a transfer of oil or a noxious liquid substance or a combination of those substances, whether in bulk, packaged or another form, to or from a ship or a place on land, but
(b) does not include a transfer of oil cargo at sea between oil tankers with a gross tonnage of 150 or more, to which Chapter 8 of Annex I of MARPOL applies.
A reference in this Act to a ship that is certified to carry a number of persons is taken to include a ship displaying, on an Australian Builders Plate, information about the maximum number of persons the ship may carry if the ship is fitted with an Australian Builders Plate containing the information.
In this section—
For the purposes of the Act, a ship is taken 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.
A reference in this Act to the gross tonnage of a ship not expressed in tons is, in the application of this Act to a non-TMC ship, taken to be a reference to the gross tonnage of the ship expressed in tons.
In this section—
Notes and examples included in this Act do not form part of this Act.
To assist the reader, many provisions of this Act contain editor’s notes drawing attention to the provision of MARPOL that the provision of the Act gives effect to.
This Act is to be read and construed as being in addition to, and not in derogation of, any other law of the State.
It is noted that section 7 (3) of the Protection of the Environment Operations Act 1997 provides that this Act prevails over that Act.
This Act is subject to the Ports and Maritime Administration Act 1995.
The exercise, while a ship is compulsorily detained under this Act, of a right of seizure created by the Commonwealth Act is declared to be an excluded matter for the purposes of section 259 of the Commonwealth Act in relation to section 123 of that Act.
The priority given to interests (within the meaning of the Commonwealth Act) by Division 2 of Part 2.6 of the Commonwealth Act, to the extent that it would give priority to such an interest over a statutory State interest in a ship, is declared to be an excluded matter for the purposes of section 259 of the Commonwealth Act in relation to Division 2 of Part 2.6 of that Act.
In this section—
New South Wales has referred certain matters relating to security interests in personal property to the Commonwealth, which means that the Commonwealth Parliament has power under section 51(xxxvii) of the Commonwealth Constitution to make laws in respect of those matters. The Commonwealth Parliament passed the Personal Property Securities Act 2009. Normally a law of the Commonwealth prevails over a State law to the extent of any inconsistency between them (see section 109 of the Commonwealth Constitution). However, section 259 of the Personal Property Securities Act 2009 of the Commonwealth provides that a law of a referring State can declare a matter to be an excluded matter for the purposes of that section. If that is done, the Personal Property Securities Act 2009 does not apply in relation to the excluded matter. This section excludes certain matters in relation to certain provisions of the Commonwealth Act.
In this Act, a reference to a discharge of a marine pollutant or a residue includes a reference to a discharge of a mixture that contains that marine pollutant or residue.
If a mixture that contains more than one marine pollutant is discharged into State waters—
(a) if one of the pollutants discharged is garbage—see section 66A, or
(b) otherwise—each of the applicable Parts in relation to each of the marine pollutants in the mixture applies in relation to the mixture.
However, a person is not liable to be convicted of an offence under more than one applicable Part in respect of the same discharge of a mixture.
In this section—
(a) in relation to oil—Part 3, or
(b) in relation to a noxious liquid substance—Part 4, or
(c) in relation to a harmful substance—Part 5, or
(d) in relation to sewage—Part 6.
The discharge of a marine pollutant onto or into any land or waters, or any structure or thing, that occurs outside State waters is, for the purposes of this Act, taken to be a discharge into State waters of the marine pollutant if the whole or any part of the marine pollutant enters any State waters.
The discharge is taken to happen when the discharged marine pollutant enters State waters.
Despite subsections (1) and (2), a person is not liable to prosecution for an offence under this Act if—
(a) the discharge of a marine pollutant occurs and is taken to be a discharge of the marine pollutant into State waters by operation of this section, and
(b) a provision of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 of the Commonwealth applies to the discharge giving effect to the following regulations of MARPOL—
(i) for the discharge of oil or oily mixtures from the cargo area of an oil tanker—Regulation 34 of Annex I of MARPOL,
(ii) for the discharge of Category X substances—Regulations 13.2.1 and 13.6.1 of Annex II of MARPOL,
(iii) for the discharge of Category Y substances and Category Z substances from ships constructed on or after 1 January 2007—Regulations 13.2.1 and 13.7.1 of Annex II of MARPOL,
(iv) for the discharge of Category Z substances from ships constructed before 1 January 2007—Regulations 13.2.1 and 13.2.2 of Annex II of MARPOL,
(v) for the discharge of comminuted and disinfected sewage—Regulation 11.1.1 of Annex IV of MARPOL,
(vi) for the discharge of sewage that is not comminuted or disinfected—Regulation 11.1.1 of Annex IV of MARPOL,
(vii) for the discharge of comminuted or ground food waste—Regulation 4.1.1 of Annex V of MARPOL,
(viii) for the discharge of food waste that is not comminuted or ground—Regulation 4.1.2 of Annex V of MARPOL,
(ix) for the discharge of cargo residues that cannot be recovered using commonly available methods for unloading—Regulation 4.1.3 of Annex V of MARPOL,
(x) for the discharge of animal carcasses—Regulation 4.1.4 of Annex V of MARPOL,
(xi) for the discharge of cleaning agents or additives contained in cargo hold, deck and external surfaces wash water—Regulation 4.2 of Annex V of MARPOL,
(xii) for the discharge of garbage from fixed or floating platforms or other ships when alongside or within 500 metres of a fixed or floating platform—Regulation 5 of Annex V of MARPOL.
This Act does not apply to the following discharges—
(a) the release of relevant harmful substances directly arising from the exploration, exploitation and associated off-shore processing of sea-bed mineral resources,
(b) the release of relevant harmful substances for purposes of legitimate scientific research into pollution abatement or control,
(c) dumping within the meaning of the 1996 Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter 1972, done at London on 7 July 1996, as amended and in force for Australia from time to time.
Note. The 1996 Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972 defines
dumping as—
(a) any deliberate disposal into the sea of wastes or other matter from vessels, aircraft, platforms or other man-made structures at sea,
(b) any deliberate disposal into the sea of vessels, aircraft, platforms or other man-made structures at sea,
(c) any storage of wastes or other matter in the seabed and the subsoil thereof from vessels, aircraft, platforms or other man-made structures at sea,
(d) any abandonment or toppling at site of platforms or other man-made structures at sea, for the sole purpose of deliberate disposal.
Under that Convention,
dumping does not include—(a) the disposal into the sea of wastes or other matter incidental to, or derived from the normal operations of vessels, aircraft, platforms or other man-made structures at sea and their equipment, other than wastes or other matter transported by or to vessels, aircraft, platforms or other man-made structures at sea, operating for the purpose of disposal of such matter or derived from the treatment of such wastes or other matter on such vessels, aircraft, platforms or other man-made structures,
(b) placement of matter for a purpose other than the mere disposal thereof, provided that such placement is not contrary to the aims of the Protocol, and
(c) abandonment in the sea of matter (e.g. cables, pipelines and marine research devices) placed for a purpose other than the mere disposal thereof.
In this section—
(a) means a substance which, if introduced into the sea, is liable to—
(i) create hazards to human health, or
(ii) harm living resources and marine life, or
(iii) damage amenities, or
(iv) interfere with other legitimate uses of the sea, and
(b) includes a substance subject to control by MARPOL.
See Article 2 of the International Convention for the Prevention of Pollution from Ships, 1973.
See Reg 15.1 of Annex I of MARPOL.
The master and the owner of a ship are each guilty of an offence if any oil is discharged from the ship into State waters.
Maximum penalty—
(a) in the case of an individual—$500,000, or
(b) in the case of a corporation—$10,000,000.
In proceedings for an offence against this section in relation to a ship—
(a) it is sufficient for the prosecution to allege and prove that oil was discharged from the ship into State waters, but
(b) it is a defence if it is proved that, by virtue of Division 2, this section does not apply in relation to the discharge.
A crew member of a ship is guilty of an offence if the crew member’s act causes any oil to be discharged from the ship into State waters.
Maximum penalty—$500,000.
A person involved in the operation or maintenance of a ship is guilty of an offence if the person’s act causes any oil to be discharged from the ship into State waters.
Maximum penalty—
(a) in the case of an individual—$500,000, or
(b) in the case of a corporation—$10,000,000.
In proceedings for an offence against this section in relation to a ship—
(a) it is sufficient for the prosecution to allege and prove that—
(i) oil was discharged from the ship into State waters, and
(ii) the crew member or person involved in the operation or maintenance of the ship committed an act that caused the discharge, but
(b) it is a defence if it is proved that, by virtue of Division 2, this section does not apply in relation to the discharge.
A person responsible for the discharge of any oil from a ship into State waters is guilty of an offence.
Maximum penalty—
(a) in the case of an individual—$500,000, or
(b) in the case of a corporation—$10,000,000.
Division 1 does not apply to the discharge of oil from a ship if—
(a) the oil escaped from the ship in consequence of unavoidable damage to the ship or its equipment, and
(b) 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 oil.
See Reg 4.2 of Annex I of MARPOL.
Division 1 does not apply to the discharge of oil from a ship for the purpose of securing the safety of a ship or saving life at sea.
See Reg 4.1 of Annex I of MARPOL.
Division 1 does not apply to the discharge of a mixture containing oil from a ship if the discharge was for the purpose of combating specific pollution incidents in order to minimise the damage from pollution and was approved by an officer prescribed by the regulations for the purposes of this section.
See Reg 4.3 of Annex I of MARPOL.
Division 1 does not apply to the discharge of oil from a ship if the discharge was authorised by the Minister for training purposes.
Division 1 does not apply to the discharge of oil from a ship if—
(a) (Repealed)
(b) the ship has a gross tonnage of equal to or greater than 400, and
(c) the ship is proceeding en route, and
(d) in the case of a mixture containing oil, the mixture is processed using oil filtering equipment meeting the requirements set out by the regulations referred to in section 9 (4) (a) (iii) of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 of the Commonwealth, and
(e) the oil content of the effluent without dilution does not exceed 15 parts in 1,000,000 parts, and
(f) the mixture is not a strictly prohibited oily mixture, and
(g) in the case of a mixture containing oil that is discharged from an oil tanker—
(i) the mixture does not originate from the cargo pump room bilges of the ship, and
(ii) the mixture is not mixed with oil cargo residue.
See Regs 15.2 and 15.8 of Annex I of MARPOL.
(Repealed)
Division 1 does not apply to the discharge of oil from a ship if—
(a) the ship has a gross tonnage of less than 400, and
(b) the ship is proceeding en route, and
(c) the ship has in operation equipment, of a kind that meets the requirements set out by the regulations referred to in section 9 (4) (c) (iii) of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 of the Commonwealth, that ensures that the oil content of the effluent without dilution does not exceed 15 parts in 1,000,000 parts, and
(d) the mixture is not a strictly prohibited oily mixture, and
(e) in the case of a mixture containing oil discharged from an oil tanker—
(i) the mixture does not originate from the cargo pump room bilges of the ship, and
(ii) the mixture is not mixed with oil cargo residue.
See Regs 15.6 and 15.8 of Annex I of MARPOL.
Division 1 does not apply to the discharge from the cargo area of an oil tanker of clean or segregated ballast.
See Reg 34.2 of Annex I of MARPOL.
The master and the owner of a ship are each guilty of an offence if any oil residues that cannot be discharged from the ship into State waters without the commission of an offence against section 15 are not retained on board the ship while the ship is in State waters.
Maximum penalty—
(a) in the case of an individual—$500,000, or
(b) in the case of a corporation—$10,000,000.
A ship leaves Port A with a quantity of oil residue held in a tank or space and, without leaving State waters, arrives at Port B with a lesser quantity in the tank or space. This subsection places an onus on the ship’s master to explain why there is a discrepancy in the quantity.
Despite subsection (1), oil residues may be discharged from a ship to a reception facility provided in accordance with Regulation 38 of Annex I of MARPOL.
See Reg 13.1.3 of Annex II of MARPOL.
The master and the owner of an Australian ship are each guilty of an offence if an uncategorised noxious liquid substance, or a mixture that contains an uncategorised noxious liquid substance, is carried as cargo or part cargo in bulk on the ship in State waters.
Maximum penalty—
(a) in the case of an individual—$6,600, or
(b) in the case of a corporation—$33,000.
In proceedings for an offence against this section in relation to a ship it is sufficient for the prosecution to allege and prove that an uncategorised noxious liquid substance, or a mixture that contains an uncategorised noxious liquid substance, was carried as cargo or part cargo in bulk on the ship in State waters.
A person is guilty of an offence if the person causes an uncategorised noxious liquid substance, or a mixture that contains an uncategorised noxious liquid substance, to be carried as cargo or part cargo in bulk on an Australian ship in State waters.
Maximum penalty—
(a) in the case of an individual—$22,000, or
(b) in the case of a corporation—$110,000.
See Reg 13 of Annex II of MARPOL.
The master and the owner of a ship that is subject to a chemical tanker construction certificate certifying the ship to carry noxious liquid substances in bulk are each guilty of an offence if any noxious liquid substance is discharged from the ship into State waters.
Maximum penalty—
(a) in the case of an individual—$500,000, or
(b) in the case of a corporation—$10,000,000.
In proceedings for an offence against this section in relation to a ship—
(a) it is sufficient for the prosecution to allege and prove that—
(i) the ship was a ship subject to a chemical tanker construction certificate certifying the ship to carry noxious liquid substances in bulk, and
(ii) a noxious liquid substance was discharged from the ship into State waters, but
(b) it is a defence if it is proved that, by virtue of Division 3, this section does not apply in relation to the discharge.
A crew member of a ship that is subject to a chemical tanker construction certificate certifying the ship to carry noxious liquid substances in bulk is guilty of an offence if the crew member’s act causes any noxious liquid substance to be discharged from the ship into State waters.
Maximum penalty—$500,000.
A person involved in the operation or maintenance of a ship that is subject to a chemical tanker construction certificate certifying the ship to carry noxious liquid substances in bulk is guilty of an offence if the person’s act causes any noxious liquid substance to be discharged from the ship into State waters.
Maximum penalty—
(a) in the case of an individual—$500,000, or
(b) in the case of a corporation—$10,000,000.
In proceedings for an offence against this section in relation to a ship—
(a) it is sufficient for the prosecution to allege and prove that—
(i) the ship was a ship subject to a chemical tanker construction certificate certifying the ship to carry noxious liquid substances in bulk, and
(ii) a noxious liquid substance was discharged from the ship into State waters, and
(iii) the crew member or person involved in the operation or maintenance of the ship committed an act that caused the discharge, but
(b) it is a defence if it is proved that, by virtue of Division 3, this section does not apply in relation to the discharge.
A person responsible for the discharge of any noxious liquid substance into State waters from a ship that is subject to a chemical tanker construction certificate certifying the ship to carry noxious liquid substances in bulk is guilty of an offence.
Maximum penalty—
(a) in the case of an individual—$500,000, or
(b) in the case of a corporation—$10,000,000.
Division 2 does not apply to the discharge of a noxious liquid substance from a ship if—
(a) the noxious liquid substance escaped from the ship in consequence of unavoidable damage to the ship or its equipment, and
(b) 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 noxious liquid substance.
See Reg 3.1.2 of Annex II of MARPOL.
Division 2 does not apply to the discharge of a noxious liquid substance from a ship for the purpose of securing the safety of a ship or saving life at sea.
See Reg 3.1.1 of Annex II of MARPOL.
Division 2 does not apply to the discharge of a noxious liquid substance from a ship if the discharge was for the purpose of combating specific pollution incidents in order to minimise the damage from pollution and was approved by an officer prescribed by the regulations for the purposes of this section.
See Reg 3.1.3 of Annex II of MARPOL.
(Repealed)
Division 2 does not apply to the discharge from a ship of bilge water, or of a mixture resulting from tank cleaning or de-ballasting operations, that contains one or more noxious liquid substances referred to in Regulation 6.1.4 of Annex II of MARPOL but does not contain any other noxious liquid substance.
See Reg 6.1.4 of Annex II of MARPOL.
Division 2 does not apply to the discharge from a ship of clean ballast or segregated ballast.
In this section,
See Reg 13.7.2.3 of Annex II of MARPOL.
The regulations may make provision for and in relation to giving effect to Regulations 13 and 16 of Annex II of MARPOL.
See Regs 13 and 16 of Annex II of MARPOL.
See Reg 2.1 of Annex III of MARPOL.
The master and the owner of a ship are each guilty of an offence if a harmful substance in packaged form is carried on the ship in State waters otherwise than in accordance with the regulations.
Maximum penalty—
(a) in the case of an individual—$2,200, or
(b) in the case of a corporation—$5,500.
In proceedings for an offence against this section in relation to a ship, it is sufficient for the prosecution to allege and prove that a harmful substance in packaged form was carried on the ship in State waters otherwise than in accordance with the regulations.
A person is guilty of an offence if the person causes a harmful substance in packaged form to be carried on a ship in State waters otherwise than in accordance with the regulations.
Maximum penalty—
(a) in the case of an individual—$2,200, or
(b) in the case of a corporation—$5,500.
See Reg 8.1 of Annex III of MARPOL.
The master and the owner of a ship are each guilty of an offence if a harmful substance in packaged form carried on the ship is jettisoned from the ship into State waters.
Maximum penalty—
(a) in the case of an individual—$55,000, or
(b) in the case of a corporation—$275,000.
In proceedings for an offence against this section in relation to a ship—
(a) it is sufficient for the prosecution to allege and prove that a harmful substance in packaged form was jettisoned from the ship into State waters, but
(b) it is a defence if it is proved that, by virtue of Division 3, this section does not apply in relation to the jettisoning.
A crew member of a ship is guilty of an offence if the crew member’s act causes any harmful substance in packaged form to be jettisoned from the ship into State waters.
Maximum penalty—$55,000.
A person involved in the operation or maintenance of a ship is guilty of an offence if the person’s act causes any harmful substance in packaged form to be jettisoned from the ship into State waters.
Maximum penalty—
(a) in the case of an individual—$55,000, or
(b) in the case of a corporation—$275,000.
In proceedings for an offence against this section in relation to a ship—
(a) it is sufficient for the prosecution to allege and prove that—
(i) a jettisoning of a harmful substance in packaged form occurred from a ship into State waters, and
(ii) the crew member or person involved in the operation or maintenance of the ship committed an act that caused the jettisoning, but
(b) it is a defence if it is proved that, by virtue of Division 3, this section does not apply in relation to the jettisoning.
A person responsible for any harmful substance in packaged form being jettisoned from a ship into State waters is guilty of an offence.
Maximum penalty—
(a) in the case of an individual—$220,000, or
(b) in the case of a corporation—$1,100,000.
Division 2 does not apply to the jettisoning of a harmful substance in packaged form from a ship for the purpose of securing the safety of a ship or saving life at sea.
See Reg 8.1 of Annex III of MARPOL.
Division 2 does not apply to the jettisoning of a harmful substance in packaged form from a ship because of a leakage of the substance if—
(a) the substance was washed overboard from the ship in accordance with the regulations or any orders made pursuant to the regulations, or
(b) the substance was washed overboard from the ship otherwise than in accordance with such regulations or orders in circumstances where compliance with such regulations or orders would have impaired the safety of the ship or of persons on board the ship.
See Reg 8.2 of Annex III of MARPOL.
This Part does not apply to a ship’s stores or equipment.
See Reg 2.4 of Annex III of MARPOL.
A harmful substance in packaged form is, for the purposes of this Act, taken to have been jettisoned from a ship into State waters if there was a leakage of the substance.
See Reg 8.1 of Annex III of MARPOL.
For the purposes of this Part, empty packaging that has been used previously for the carriage of harmful substances is itself taken to be a harmful substance unless the precautions required by the regulations have been taken to ensure that the packaging contains no residue that is harmful to the marine environment.
See Reg 2.3 of Annex III of MARPOL.
See Reg 11 of Annex IV of MARPOL.
The master and the owner of a large ship are each guilty of an offence if any sewage is discharged from the ship into State waters.
Maximum penalty—
(a) in the case of an individual—$55,000, or
(b) in the case of a corporation—$275,000.
In proceedings for an offence against subsection (1) in relation to a ship—
(a) it is sufficient for the prosecution to allege and prove that sewage was discharged from the ship into State waters, but
(b) it is a defence if it is proved that, by virtue of Division 2, this section does not apply in relation to the discharge.
The regulations may make provision for an offence in relation to the discharge or deposit of untreated sewage from a vessel, other than a large ship.
A crew member of a large ship is guilty of an offence if the crew member’s act causes any sewage to be discharged from the ship into State waters.
Maximum penalty—$55,000.
A person involved in the operation or maintenance of a large ship is guilty of an offence if the person’s act causes any sewage to be discharged from the ship into State waters.
Maximum penalty—
(a) in the case of an individual—$55,000, or
(b) in the case of a corporation—$275,000.
In proceedings for an offence against this section, it is sufficient for the prosecution to allege and prove that—
(a) a discharge of sewage occurred from a ship into State waters, and
(b) the crew member or person involved in the operation or maintenance of the ship committed an act that caused the discharge.
A person responsible for the discharge of any sewage from a large ship into State waters is guilty of an offence.
Maximum penalty—
(a) in the case of an individual—$220,000, or
(b) in the case of a corporation—$1,100,000.
The master and the owner of a prescribed vessel in State waters are each guilty of an offence if a sewage system, or part of the sewage system, on the prescribed vessel is defective or has been altered or modified in a way that enables the discharge of sewage in contravention of this Part.
Maximum penalty for a large ship—
(a) for an individual—$55,000, or
(b) for a corporation—$275,000,
Maximum penalty for a ship prescribed by the regulations for the purposes of this section—an amount prescribed by the regulations.
In this section—
(a) a large ship, or
(b) a ship prescribed by the regulations for the purposes of this section.
(a) a holding tank to collect and store sewage,
(b) a sewage treatment plant certified to meet the requirements—
(i) of the regulations giving effect to Regulation 9.1.1 of Annex IV of MARPOL, or
(ii) prescribed by the regulations,
(c) portable tanks, including toilet cassettes, for discharge into a reception facility,
(d) a comminuting and disinfecting system—
(i) approved by orders made under the regulations, giving effect to Regulation 9.1.2 of Annex IV of MARPOL, or
(ii) approved under the regulations.
The regulations may create an offence for the discharge of treated sewage by a relevant vessel in a zone, prescribed by the regulations, for the purposes of this section (a
In this section—
Division 1 does not apply to the discharge of sewage from a large ship if—
(a) the sewage escaped from the ship in consequence of unavoidable damage to the ship or its equipment, and
(b) all reasonable precautions were taken before and after the occurrence of the damage for the purpose of preventing or minimising the escape of the sewage.
See Reg 3.1.2 of Annex IV of MARPOL.
Division 1 does not apply to the discharge of sewage from a large ship for the purpose of securing the safety of a ship or saving life at sea.
See Reg 3.1.1 of Annex IV of MARPOL.
(Repealed)
Division 1 does not apply to the discharge of sewage from a large ship engaged in overseas voyages if both of the following apply—
(a) the sewage has been treated in a sewage treatment plant on the ship, being a plant that is certified to meet the requirements of the regulations giving effect to Regulation 9.1.1 of Annex IV of MARPOL,
(b) the effluent does not produce visible floating solids in State waters and does not cause discolouration of State waters or other surrounding waters.
To remove any doubt, the defence under subsection (1) applies to the discharge of treated sewage in a no discharge zone.
In this section—
See Reg 11.1.2 of Annex IV of MARPOL.
See section 4 of this Act in relation to the words and expressions used in MARPOL.
See also Annex V of MARPOL for the meaning of particular words and expressions used in this Part, including
See Reg 3.1 of Annex V of MARPOL.
The master and the owner of a ship are each guilty of an offence if any garbage is discharged from the ship into State waters.
Maximum penalty—
(a) in the case of an individual—$55,000, or
(b) in the case of a corporation—$275,000.
In proceedings for an offence against this section in relation to a ship—
(a) it is sufficient for the prosecution to allege and prove that garbage was discharged from the ship into State waters, but
(b) it is a defence if it is proved that, by virtue of Division 2, this section does not apply in relation to the discharge.
A crew member of a ship is guilty of an offence if the crew member’s act causes any garbage to be discharged from the ship into State waters.
Maximum penalty—$55,000.
A person involved in the operation or maintenance of a ship is guilty of an offence if the person’s act causes any garbage to be discharged from the ship into State waters.
Maximum penalty—
(a) in the case of an individual—$55,000, or
(b) in the case of a corporation—$275,000.
In proceedings for an offence against this section, it is sufficient for the prosecution to allege and prove that—
(a) a discharge of garbage occurred from a ship into State waters, and
(b) the crew member or person involved in the operation or maintenance of the ship committed an act that caused the discharge.
A person responsible for the discharge of any garbage from a ship into State waters is guilty of an offence.
Maximum penalty—
(a) in the case of an individual—$220,000, or
(b) in the case of a corporation—$1,100,000.
Annex V of MARPOL provides that
Division 1 does not apply to the discharge of garbage from a ship if—
(a) the garbage escaped from the ship in consequence of unavoidable damage to the ship or its equipment, and
(b) all reasonable precautions were taken before and after the occurrence of the damage for the purpose of preventing or minimising the escape of the garbage.
See Reg 7.1.2 of Annex V of MARPOL.
Division 1 does not apply to the discharge of garbage from a ship for the purpose of securing the safety of a ship and the persons on board the ship or saving life at sea.
See Reg 7.1.1 of Annex V of MARPOL.
Division 1 does not apply to the accidental loss of fishing gear from a ship if all reasonable precautions were taken to prevent the loss.
See Reg 7.1.3 of Annex V of MARPOL.
Division 1 does not apply to the discharge of fishing gear from a ship for—
(a) the protection of the marine environment, or
(b) the safety of the ship or the ship’s crew.
See Reg 7.1.4 of Annex V of MARPOL.
Sections 63–66 do not apply to garbage that is mixed with, or contaminated by, other substances prohibited from discharge or having different discharge requirements (a
Division 1 does not apply to the discharge of a garbage mixture if the discharge is made in accordance with the more stringent requirements for the substances in the garbage mixture.
See Reg 4.4 of Annex V of MARPOL.
In this Part—
(a) oil,
(b) a noxious liquid substance.
A person must not deliberately, recklessly or negligently cause a prescribed marine pollutant to be discharged from a ship in, or in connection with, a transfer operation.
Maximum penalty—
(a) in the case of an individual—$500,000, or
(b) in the case of a corporation—$10,000,000.
Each prescribed person in relation to a ship is guilty of an offence if a prescribed marine pollutant is discharged from a ship in, or in connection with, a transfer operation.
Maximum penalty—
(a) in the case of an individual—$500,000, or
(b) in the case of a corporation—$10,000,000.
In this section—
(a) the owner of the ship,
(b) the master of the ship,
(c) the person in charge of the transfer operation of the ship.
A person must not deliberately, recklessly or negligently cause a prescribed marine pollutant to be discharged from a place on land in, or in connection with, a transfer operation.
Maximum penalty—
(a) in the case of an individual—$500,000, or
(b) in the case of a corporation—$10,000,000.
The occupier of land is guilty of an offence if a prescribed marine pollutant is discharged from a place on the land in, or in connection with, a transfer operation.
Maximum penalty—
(a) in the case of an individual—$500,000, or
(b) in the case of a corporation—$10,000,000.
A person must not deliberately, recklessly or negligently cause a prescribed marine pollutant to be discharged from an apparatus on a ship in, or in connection with, a transfer operation.
Maximum penalty—
(a) in the case of an individual—$500,000, or
(b) in the case of a corporation—$10,000,000.
Each of the prescribed persons in relation to a ship is guilty of an offence if any prescribed marine pollutant is discharged from any apparatus on the ship used in, or in connection with, a transfer operation, whether or not it is being so used.
Maximum penalty—
(a) in the case of an individual—$500,000, or
(b) in the case of a corporation—$10,000,000.
In this section—
(a) the owner of the ship,
(b) the master of the ship,
(c) the owner of the apparatus,
(d) the person in charge of the apparatus.
A person must not deliberately, recklessly or negligently cause a prescribed marine pollutant to be discharged from an apparatus on a place on land in, or in connection with, a transfer operation.
Maximum penalty—
(a) in the case of an individual—$500,000, or
(b) in the case of a corporation—$10,000,000.
Each of the prescribed persons in relation to a transfer operation is guilty of an offence if any prescribed marine pollutant is discharged from any apparatus on a place on land used in, or in connection with, a transfer operation, whether or not it is being so used.
Maximum penalty—
(a) in the case of an individual—$500,000, or
(b) in the case of a corporation—$10,000,000.
In this section—
(a) the occupier of the land,
(b) the owner of the apparatus,
(c) the person in charge of the apparatus.
A person must not deliberately, recklessly or negligently cause a prescribed marine pollutant to be discharged from a purpose-built pipeline in, or in connection with, a transfer operation.
Maximum penalty—
(a) in the case of an individual—$500,000, or
(b) in the case of a corporation—$10,000,000.
Each of the prescribed persons in relation to a purpose-built pipeline is guilty of an offence if any prescribed marine pollutant is discharged from the pipeline in, or in connection with, a transfer operation, whether or not it is being so used.
Maximum penalty—
(a) in the case of an individual—$500,000, or
(b) in the case of a corporation—$10,000,000.
In this section—
(a) the occupier of the land,
(b) the owner of the pipeline,
(c) the person in charge of the pipeline.
Each of the following persons is guilty of an offence if any prescribed marine pollutant is discharged from a purpose-built pipeline used in, or in connection with, a transfer operation, whether or not it is being so used—
(a) the occupier of the land on which the pipeline is situated,
(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,
(c) the person in charge of the pipeline,
(d) each other person responsible for the discharge.
Maximum penalty—
(a) in the case of an individual—$500,000, or
(b) in the case of a corporation—$10,000,000.
(Repealed)
Division 2 does not apply 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 by the regulations for the purposes of this section.
Division 2 does not apply to a discharge if the discharge was for the purpose of combating specific pollution incidents in order to minimise the damage from pollution and was approved by an officer prescribed by the regulations.
Division 2 does not apply to a discharge 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.
The responsible person in relation to a transfer operation must keep the records that the person is required to keep by the regulations, in the form in which the records are required to be kept.
Maximum penalty—$22,000.
In this section—
(a) the owner or the master of a ship or the occupier of a place on land to or from which a prescribed marine pollutant is transferred, and
(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.
A person must, without delay, make the appropriate entry in the record prescribed by the regulations if the regulations require a specified occurrence relating to a transfer operation to be recorded by the person.
Maximum penalty—$22,000.
A person must not fail to transmit the records relating to a transfer operation that are required to be kept by this Division to the place or person, or in the manner, prescribed by the regulations.
Maximum penalty—
(a) in the case of an individual—$22,000, or
(b) in the case of a corporation—$110,000.
A person must not dispose of records relating to a transfer operation that are required to be kept by this Division except in the manner and after the period required by the regulations.
Maximum penalty—
(a) in the case of an individual—$22,000, or
(b) in the case of a corporation—$110,000.
A person must not make an entry that is false or misleading in a material particular in a record required to be kept by this Division.
Maximum penalty—$22,000.
If a prescribed marine pollutant is discharged into State waters from 2 or more ships in, or in connection with, a transfer operation, and it is not reasonably practicable to identify the pollutant that has discharged from a particular ship, all of the pollutant discharged is taken, for the purposes of this Part, to have been discharged from each of those ships.
For the avoidance of doubt, more than one person may be found guilty of an offence under this Part in relation to a single discharge.
To avoid doubt, this Part applies to a discharge whether or not it is a discharge prohibited by Part 3 or 4 (and whether or not a defence is available under those Parts for a discharge of the substance in those circumstances).
However, a person is not liable to be convicted in respect of the same discharge of both an offence under Part 3 or 4 and this Part.
In this Part—
(a) a discharge or probable discharge into State waters from the ship of oil other than a discharge of the kind or in the circumstances specified in sections 22–25,
(b) a discharge or probable discharge into State waters from the ship of a noxious liquid substance (other than a substance referred to in Regulation 6.1.4 of Annex II of MARPOL) other than of the kind or in the circumstances specified in sections 40 and 41,
(c) a jettisoning or probable jettisoning from the ship into State waters of a harmful substance in packaged form including a substance in a freight container, portable tank, road and rail vehicle or shipborne barge,
(d) in relation to a ship of 15 metres in length or more—
(i) any damage, failure or breakdown of the ship that affects the safety of the ship, including but not limited to any collision, grounding, fire, explosion, structural failure, flooding or cargo shifting, or
(ii) any damage, failure or breakdown of the ship that results in impairment of the safety of navigation, including but not limited to, failure or breakdown of steering gear, propulsion plant, electrical generating system, and essential shipborne navigational aids,
(e) in relation to a large ship that has on board a sewage treatment system, any damage, failure or breakdown of the ship’s sewage treatment system that could result in the discharge of untreated or inadequately treated sewage.
The master of a ship must, without delay, report any reportable incident that occurs in State waters in relation to the ship to the Minister in the manner prescribed by the regulations.
Maximum penalty—$121,000.
In a prosecution of a person for an offence against subsection (1), it is a defence if the person proves that the person was unable to comply with that subsection.
See Article I(1) of Protocol I of MARPOL.
The master of a ship must provide a supplementary report to the Minister in relation to the reportable incident within the time prescribed by the regulations and in accordance with the regulations if the Minister requests such a report.
Maximum penalty—$121,000.
See Article IV(b) of Protocol I of MARPOL.
The master of the ship must provide a further supplementary report to the Minister within the time prescribed by the regulations and in accordance with the regulations if any significant further developments arise in relation to the reportable incident after a report or supplementary report was required under this Division.
Maximum penalty—$121,000.
See Article IV(a) of Protocol I of MARPOL.
The owner, charterer, manager or operator of an abandoned ship in relation to which a reportable incident has occurred in State waters, and any agent of the owner, charterer, manager or operator of the ship, are each guilty of an offence if the reportable incident is not reported to the Minister, without delay, in the manner prescribed by the regulations.
Maximum penalty—
(a) in the case of an individual—$121,000, or
(b) in the case of a corporation—$2,750,000.
The owner, charterer, manager or operator of a ship in relation to which a reportable incident has occurred in State waters in other circumstances in which a notification cannot be obtained from the master of the ship under Division 2, and any agent of the owner, charterer, manager or operator of the ship are each guilty of an offence if the reportable incident is not reported to the Minister, without delay, in the manner prescribed by the regulations.
Maximum penalty—
(a) in the case of an individual—$121,000, or
(b) in the case of a corporation—$2,750,000.
In a prosecution of a person for an offence against this section in relation to a reportable incident, it is a defence if the person proves—
(a) that the person was not aware of the incident, or
(b) that the person neither knew nor suspected that the ship was abandoned or the circumstances that meant that a report could not be obtained.
Subsection (3) does not limit any defence that would, but for that subsection, be available to a person charged with an offence under this section.
See Article I(2) of Protocol I of MARPOL.
The owner, charterer, manager or operator of a ship and any agent of the owner, charterer, manager or operator of the ship are each guilty of an offence if a notification provided under Division 2 is provided in an incomplete form and the missing particulars are not reported to the Minister without delay.
Maximum penalty—
(a) in the case of an individual—$121,000, or
(b) in the case of a corporation—$2,750,000.
In a prosecution of a person for an offence against this section in relation to a reportable incident, it is a defence if the person proves that the person was not aware of the incident.
Subsection (2) does not limit any defence that would, but for that subsection, be available to a person charged with an offence under this section.
See Article I(2) of Protocol I of MARPOL.
A person who has reported the occurrence of a reportable incident to the Minister pursuant to this Division must provide the Minister with a supplementary report in relation to the reportable incident if the Minister requests the supplementary report.
Maximum penalty—$121,000.
A person who has reported the occurrence of a reportable incident to the Minister pursuant to this Division must provide a further supplementary report to the Minister about any further developments that arise in relation to the reportable incident after a report or supplementary report was required under this Division, within the time prescribed by the regulations and in accordance with the regulations.
Maximum penalty—$121,000.
See Article IV(a) and (b) of Protocol I of MARPOL.
A person must not, in a report or supplementary report required by this Part, make a statement that is false or misleading in a material particular.
Maximum penalty—$121,000.
A report or supplementary report given to the Minister pursuant to this Part is not admissible in evidence in a prosecution of an individual for an offence against section 15–17, 27–31, 43–47, 53–55 or 60–62 without the consent of the person charged.
The master and the owner of a prescribed ship that is in State waters are each guilty of an offence if an approved shipboard oil pollution emergency plan is not carried on board the ship.
Maximum penalty—$55,000.
In proceedings for an offence against this section in relation to a ship, it is sufficient for the prosecution to allege and prove—
(a) that the ship is a prescribed ship, and
(b) that the ship was in State waters without an approved shipboard oil pollution emergency plan on board.
In this section—
(a) the Minister under this Division, or
(b) an Administration, within the meaning of Article 2 of the Protocol to MARPOL.
(a) that is an oil tanker that has a gross tonnage of 150 or more, or
(b) that is not an oil tanker and that has a gross tonnage of 400 or more.
See Reg 37.1 of Annex I of MARPOL.
The Minister may, on application by a master of a ship, approve the shipboard oil pollution emergency plan for the ship if, in the opinion of the Minister, it complies with this Division.
See Reg 37.1 of Annex I of MARPOL.
A shipboard oil pollution emergency plan must contain the matter prescribed by the regulations.
A shipboard oil pollution emergency plan must set out, but is not limited to, the following particulars—
(a) the procedure to be followed by the master, any crew member, or any other person having charge of the ship in reporting a reportable incident in relation to the ship,
(b) a list of the authorities or persons that are to be notified by persons on the ship if such a reportable incident occurs in relation to the ship,
(c) a detailed description of the action to be taken immediately after a reportable incident by persons on board the ship to reduce or control any discharge from the ship resulting from the incident,
(d) the procedures to be followed for co-ordinating with the authorities or persons that have been contacted (whether in Australia or in a country near to the place where the incident occurred) any action taken in combating the pollution caused by the incident and, in particular, the person on board the ship through whom all communications are to be made,
(e) any action to be taken in combating the pollution caused by the incident and, in particular, the person on board the ship through whom all communications are to be made.
The procedure referred to in subsection (2) (a) must be in accordance with the procedure prescribed by the regulations under section 87 as the manner in which a reportable incident is to be reported under Part 9.
In this section,
See Reg 37.2 of Annex I of MARPOL.
The shipboard oil pollution emergency plan on a ship must be written in the working language of the master of, and the crew on board, the ship.
See Reg 37.2 of Annex I of MARPOL.
A ship complies with both sections 95 and 100 if it has on board a plan called a “shipboard marine pollution emergency plan” that complies with this Division and with Division 2.
The master and the owner of a prescribed ship that is in State waters are each guilty of an offence if there is not a shipboard marine pollution emergency plan for noxious liquid substances that complies with this Division, and is approved by the Minister, on board the ship.
Maximum penalty—$55,000.
In proceedings for an offence against this section in relation to a ship, it is sufficient for the prosecution to allege and prove that a ship is a prescribed ship and that it was in State waters without a shipboard marine pollution emergency plan for noxious liquid substances that complies with this Division on board.
In this section—
(a) that has a gross tonnage of 150 or more, and
(b) that is certified to carry noxious liquid substances in bulk.
See Reg 17.1 of Annex II of MARPOL.
The Minister may, on application by a master of a ship, approve the shipboard marine pollution emergency plan for noxious liquid substances for the ship if, in the opinion of the Minister, it complies with this Division.
See Reg 17.1 of Annex II of MARPOL.
A shipboard marine pollution emergency plan for noxious liquid substances must contain the matter prescribed by the regulations.
A shipboard marine pollution emergency plan for noxious liquid substances must set out, but is not limited to, the following particulars—
(a) the procedure to be followed by the master, or any other person having charge, of the ship in reporting a reportable incident in relation to the ship,
(b) a list of the authorities or persons that are to be notified by persons on the ship if a reportable incident occurs in relation to the ship,
(c) a detailed description of the action to be taken, immediately after a reportable incident, by persons on board the ship to reduce or control any discharge from the ship resulting from the incident,
(d) the procedures to be followed for co-ordinating with the authorities or persons that have been contacted (whether in Australia or in a country near to the place where the incident occurred) any action taken in combating the pollution caused by the incident and, in particular, the person on board the ship through whom all communications are to be made,
(e) any action to be taken in combating the pollution caused by the incident and, in particular, the person on board the ship through whom all communications are to be made.
The procedure referred to in subsection (2) (a) must be in accordance with the procedure prescribed by the regulations under section 87 as the manner in which a reportable incident is to be reported under Part 9.
In this section,
See Reg 17.2 of Annex II of MARPOL.
The shipboard marine pollution emergency plan for noxious liquid substances on a ship must be written in the working language of the master of, and the officers on board, the ship.
See Reg 17.2 of Annex II of MARPOL.
The master and the owner of a ship in State waters are each guilty of an offence if—
(a) a chemical tanker construction certificate under Division 12A of Part IV of the Navigation Act 1912 of the Commonwealth is in force in respect of the ship, and
(b) the ship does not have on board a copy of the ship’s procedures and arrangements manual that complies with this Division.
Maximum penalty—$6,600.
See Reg 14.1 of Annex II of MARPOL.
A procedures and arrangements manual for a ship complies with this Division if—
(a) it contains the physical arrangements and all the operational procedures with respect to cargo handling, tank cleaning, slops handling and cargo tank ballasting that must be followed in order to comply with the requirements of Annex II of MARPOL, and
(b) it is in accordance with the form set out in Appendix IV to Annex II of MARPOL.
See Reg 14.2 of Annex II of MARPOL.
The procedures and arrangements manual for an Australian ship must be written in the English language.
The procedures and arrangements manual for a foreign ship must be written in the official language of the country whose flag the ship is entitled to fly, or in one of the official languages of that country.
However, if that official language is not English, French or Spanish, the procedures and arrangements manual must also be translated into English, French or Spanish.
See Reg 14.1 of Annex II of MARPOL.
The master and the owner of a prescribed ship that is in State waters are each guilty of an offence if there is not a garbage management plan that complies with this Division on board the ship.
Maximum penalty—$5,500.
In proceedings for an offence against this section in relation to a ship, it is sufficient for the prosecution to allege and prove that a ship is a prescribed ship and that it was in State waters without a garbage management plan that complies with this Division on board.
In this section—
(a) that has a gross tonnage of 100 or more, or
(b) that is certified to carry 15 persons or more, or
(c) that is a fixed or floating platform.
See Reg 10 of Annex V of MARPOL.
A garbage management plan must be in writing and must contain the matters prescribed by the regulations.
A garbage management plan must set out, but is not limited to, the following particulars—
(a) the procedures for minimising, collecting, storing, processing and disposing of garbage, including the use of the equipment on board the ship for carrying out those procedures,
(b) the person who is in charge of carrying out the plan.
See Reg 10.2 of Annex V of MARPOL.
The garbage management plan on an Australian ship must be written in the English language.
The garbage management plan on a foreign ship must be written in the official language of the country whose flag the ship is entitled to fly, or in one of the official languages of that country.
The garbage management plan on any ship must also be written in the working language of the master of, and the majority of officers on board, the ship.
See Reg 10.2 of Annex V of MARPOL.
The master and the owner of a ship of 12 metres or more in length, or a fixed or floating platform, that is in State waters are each guilty of an offence if at least one garbage discharge requirements placard that complies with this Division is not displayed on board the ship in a position where it can be easily read by any crew member or any passenger of the ship.
Maximum penalty—$5,500.
In proceedings for an offence against this section in relation to a ship, it is sufficient for the prosecution to allege and prove—
Any security taken by the Minister under this Act must be in a form acceptable to the Minister.
The amount available under any security taken by the Minister under this Act is to be applied only as follows—
(a) in payment of any costs or expenses that have been ordered to be paid by the master or owner of a ship in the course of proceedings for an offence in respect of the discharge or that are recoverable under this Act against the master or owner of the ship as a debt due,
(b) in payment of any penalty imposed by a court in the course of proceedings for an offence in respect of the discharge.
The Minister may appoint any person to be an inspector for the purposes of this Act.
The Minister is required to give an identity card—
(a) to each inspector the Minister appoints, and
(b) to each person whom the Minister authorises for the purposes of a section of this Act.
An inspector or person whom the Minister authorises for the purposes of a section of this Act is required to produce his or her identity card if requested to do so by an affected person in the course of exercising functions under this Act. This subsection does not apply to a direction given by radio or other communication device.
A person who has been issued with an identity card must return it to the Minister, or the person who provided it, on demand.
Maximum penalty (subsection (3)): $1,100.
The powers in this section may be exercised for the purposes of ascertaining—
(a) whether a provision of this Act that is applicable in relation to a ship has been complied with in respect of the ship, or
(b) whether there is a probability of, or has been, a discharge into State waters in contravention of this Act.
An inspector, or other person authorised by the Minister for the purposes of this section, may do any of the following—
(a) go on board the ship with such assistants and equipment as the inspector or person considers necessary,
(b) require the master of the ship to take such steps as the inspector or person directs to facilitate the boarding,
(c) inspect and test any machinery or equipment of the ship,
(d) require the master of the ship to take such steps as the inspector or person directs to facilitate the inspection or testing of any machinery or equipment of the ship,
(e) open, or require the master of the ship to cause to be opened, any hold, bunker, tank, compartment or receptacle in or on board the ship and inspect the contents of any hold, bunker, tank, compartment or receptacle in or on board the ship,
(f) require the master of the ship to produce a record book required by this Act or the regulations, the Marine Safety Act 1998 or the regulations made under that Act or the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 of the Commonwealth to be carried in the ship or any other books, documents or records relating to the ship or its cargo that are carried in the ship,
(g) make copies of, or take extracts from, any such books, documents or records,
(h) require the master of the ship or other person to certify that a true copy of an entry in a record book required by this Act to be carried in the ship or kept by the person, made by the inspector or person whom the Minister authorises for the purposes of a section of this Act is a true copy of such an entry,
(i) examine, and take samples of, any substances being in, on, or in the vicinity of, a ship, purpose-built pipeline or place on land in respect of which an investigation of a discharge or suspected discharge in breach of a provision of this Act is being made,
(j) require the master of the ship or the owner or occupier of the pipeline or place, or any person representing the master, owner or occupier, to certify the taking of the samples,
(k) require the testing of any apparatus in or on the ship, pipeline or place, the condition or efficiency of which is, in the opinion of the inspector or person, relevant to the probability of a discharge, a discharge or a suspected discharge into State waters in breach of a provision of this Act,
(l) require a person to answer questions.
For the purposes of investigating the probability of a discharge, a discharge or a suspected discharge into State waters in contravention of a provision of this Act, an inspector or other person authorised by the Minister for the purposes of section 228, may enter and inspect any place on land, other than a place being used for residential purposes.
An inspector or person whom the Minister authorises for the purposes of a section of this Act must not, in exercising powers under this Part, unnecessarily delay a ship from beginning a voyage.
A person must not—
(a) wilfully delay or obstruct an inspector or person whom the Minister authorises for the purposes of a section of this Act in the exercise of the inspector’s or authorised person’s functions under this Act, or
(b) fail to comply with a requirement under this Part to produce a document, record or other thing in the person’s possession, custody, or control or to answer a question.
Maximum penalty—$22,000.
It is an offence under section 307B of the Crimes Act 1900 to give false or misleading information to a person exercising a power, authority or duty under, or in connection with, a law of the State.
A matter or thing done or omitted to be done by an inspector, a person whom the Minister authorises for the purposes of a section of this Act or any person acting with the authority or on the direction of an inspector or the Minister does not, if the matter or thing was done or omitted in good faith for the purpose of executing this or any other Act, subject the inspector or person so acting personally to any action, liability, claim or demand.
A prosecution for an offence against this Act in the Local Court must be brought within 2 years of the alleged commission of the offence.
Proceedings for an offence against this Act or the regulations may be dealt with summarily before—
(a) the Local Court, or
(b) the Land and Environment Court in its summary jurisdiction.
In proceedings for an offence against this Act or the regulations brought in the Local Court, the maximum penalty that the Court may impose is, notwithstanding any other provision of this Act—
(a) $55,000 or 2 years imprisonment, or both, or
(b) the maximum penalty provided by this Act or the regulations for the offence,
whichever is the lesser.
If a corporation contravenes, whether by act or omission, any provision of this Act or the regulations, each person who is a director of the corporation or who is concerned in the management of the corporation is taken to have contravened the same provision if the person knowingly authorised or permitted the contravention.
A person may be proceeded against and convicted under a provision pursuant to subsection (1) whether or not the corporation has been proceeded against or has been convicted under the provision.
Nothing in this section affects any liability imposed on a corporation for an offence committed by the corporation under this Act or the regulations.
The amount of any penalty that can be imposed under this Act against the owner or master of a ship in relation to a discharge is a charge on the ship.
A ship may be detained by a person authorised by the Minister for the purposes of this section until the amount of any penalty that can be imposed under this Act is paid or security for the payment of the amount is provided in accordance with Part 18.
In any proceedings for an offence against a provision of this Act—
(a) any record kept in compliance with an obligation under this Act is admissible as evidence (until evidence is given to the contrary) of the facts stated in the record, and
(b) a copy of an entry in such a record, being a copy certified by the person by whom the record is required to be kept to be a true copy of the entry, is admissible as evidence (until evidence is given to the contrary) of the facts stated in the entry, and
(c) a document purporting to be a record kept in pursuance of this Act, or purporting to be a copy certified by the person by whom the record is required to be kept to be a true copy of the record, is (until evidence is given to the contrary) taken to be such a record or certified copy, as the case may be.
In any legal proceedings for an offence under this Act, proof is not required (until evidence is given to the contrary) of the following—
(a) the giving of a notice by the Minister,
(b) the appointment of a person as an inspector.
The Minister may, by instrument in writing, appoint appropriately qualified persons to be analysts for the purposes of this Act.
Subject to subsection (4), a certificate of such an analyst stating that the analyst has analysed or examined a substance and stating the result of the analysis or examination is admissible (until evidence is given to the contrary) in evidence in any proceedings for an offence against a provision of this Act as evidence of the facts stated in the certificate and of the correctness of the result of the analysis or examination.
For the purposes of this section, a document purporting to be a certificate under this section is, unless the contrary is proved, taken to be such a certificate.
A certificate under this section must not be received in evidence in pursuance of this section unless the person charged has been given a copy of the certificate together with reasonable notice of the intention of the prosecution to produce the certificate as evidence in the proceedings.
Where, in pursuance of this section, a certificate of an analyst is admitted in evidence, the person charged may require the analyst to be called as a witness for the prosecution and the analyst may be cross-examined as if the analyst had given evidence of the matters stated in the certificate.
A prosecution of a person under section 16 or 17 does not affect the prosecution of the master or owner of a ship (or both of them) under section 15.
However, a person is not liable to be convicted in respect of the same discharge of both an offence—
(a) under sections 15 and 16, or
(b) under sections 15 and 17, or
(c) under sections 16 and 17.
A prosecution of a person under section 28 does not affect the prosecution of the master or owner of a ship (or both of them) under section 27.
However, a person is not liable to be convicted in respect of the same discharge of both an offence under sections 27 and 28.
A prosecution of a person under section 30 or 31 does not affect the prosecution of the master or owner of a ship (or both of them) under section 29.
However, a person is not liable to be convicted in respect of the same discharge of both an offence—
(a) under sections 29 and 30, or
(b) under sections 29 and 31, or
(c) under sections 30 and 31.
A prosecution of a person under section 44 does not affect the prosecution of the master or owner of a ship (or both of them) under section 43.
However, a person is not liable to be convicted in respect of the same carriage of both an offence under sections 43 and 44.
A prosecution of a person under section 54 or 55 does not affect the prosecution of the master or owner of a ship (or both of them) under section 53.
However, a person is not liable to be convicted in respect of the same discharge of both an offence—
(a) under sections 53 and 54, or
(b) under sections 53 and 55, or
(c) under sections 54 and 55.
A prosecution of a person under section 61 or 62 does not affect the prosecution of the master or owner of a ship (or both of them) under section 60.
However, a person is not liable to be convicted in respect of the same discharge of both an offence—
(a) under sections 60 and 61, or
(b) under sections 60 and 62, or
(c) under sections 61 and 62.
Nothing in sections 18–25 limits the generality of any other of those sections.
Nothing in sections 32–41 limits the generality of any other of those sections.
Nothing in sections 48 and 49 limits the generality of the other of those sections.
Nothing in sections 56–59 limits the generality of any other of those sections.
Nothing in sections 63–66 limits the generality of any other of those sections.
The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
In particular, regulations may be made for or with respect to any of the following—
(a) giving effect to MARPOL, other than provisions of MARPOL to which effect is given by a provision of this Act,
(b) empowering the Minister to make orders for and in relation to—
(i) giving effect to MARPOL, other than provisions of MARPOL to which effect is given by a provision of this Act, and
(ii) the fixing of fees to be paid in respect of any matters under the orders,
(c) preventing or regulating the pollution of State waters or other waters by vessels or by facilities used for loading, unloading, berthing or other operations of vessels,
(d) the installation and operation on vessels in particular State waters or other waters of toilet and other waste control facilities, the standards required to be met for the discharge of sewage, plans required for waste management and directions that may be given in relation to waste,
(e) the form in which records must be kept and the nature of the entries to be made in them,
(f) requiring the person keeping the records to retain them for a prescribed period and in a prescribed place,
(g) requiring the records, at the end of that period, to be transmitted to a place or person determined by or under the regulations,
(h) providing for the custody or disposal of the records after their transmission,
(i) fixing fees to be paid in respect of any matters under this Act,
(j) prescribing penalties, not exceeding $11,000, for a contravention of a provision of the regulations or of any of the orders made in pursuance of the regulations,
(k) exempting, either absolutely or subject to conditions, a prescribed ship or person, or ships or persons included in a prescribed class of ships or persons, from all or any of the provisions of this Act or of the regulations,
(l) prescribing the category or categories of vessels required to have sewage pollution prevention certificates, and the issue, survey, duration, renewal and cancellation or otherwise of the certificates.
Regulations may apply—
(a) generally or in a particular class of case or in particular classes of case, and
(b) throughout the State and all State waters or in a part or parts of the State or State waters prescribed by the regulations.
The regulations may authorise a person to apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of a decision, of a class prescribed by the regulations, that is made under this Act or the regulations.
The Minister is not to recommend the making of any such regulation unless the Minister certifies that the Minister administering the Civil and Administrative Tribunal Act 2013 has agreed to the provisions concerned.
The following sections of the Interpretation Act 1987 apply to an order made under this Act, or in pursuance of the regulations, in the same way as they apply to a statutory rule—
(a) section 30 (Effect of amendment or repeal of Acts and statutory rules),
(b) section 39 (The making of statutory rules),
(c) section 40 (Notice of statutory rules to be tabled),
(d) section 41 (Disallowance of statutory rules).
Unless the contrary intention appears, expressions used in orders made under this Act, or in pursuance of the regulations, have the same meanings as in this Act.
Orders made in pursuance of the regulations are to be read subject to this Act and the regulations and so as not to exceed the power conferred by this Act and the regulations to the intent that, where such orders would, but for this subsection, have been construed as being in excess of the power conferred by this Act and the regulations, they are taken to be valid orders to the extent to which they are not in excess of the power conferred by this Act and the regulations.
Where an order made in pursuance of the regulations is inconsistent with a provision of this Act or the regulations, the latter is to prevail and the former is, to the extent of the inconsistency, of no force or effect.
The regulations or orders under this Act may make provision for or in relation to a matter by applying, adopting, or incorporating either wholly or in part or with modifications, any regulations, rules, codes, orders, instructions or other subordinate legislation made, determined or issued under any other Act or under any Act of the Parliament of the Commonwealth.
The regulations made under this Act may make provision for or in relation to a matter by applying, adopting or incorporating any matter contained in the orders made in pursuance of the regulations.
Nothing in this section affects the operation of section 42 of the Interpretation Act 1987.
The Minister may delegate the exercise of any function of the Minister under this Act (other than this power of delegation) to any approved person.
An approved person may sub-delegate to another approved person any function delegated by the Minister (other than this power of sub-delegation) if the delegate is authorised in writing to do so by the Minister.
In this section—
(a) (Repealed)
(b) Transport for NSW or a member of staff of the Transport Service, or
(c) the Port Authority of New South Wales or a member of staff of the Port Authority of New South Wales, or
(d) a person appointed as, or exercising functions of, a harbour master under the Marine Safety Act 1998, or
(e) a member of the Government Service, or
(f) any person of a class prescribed by the regulations.
Any notice or other instrument issued, made or given for the purposes of this Act may be served—
(a) by delivering it personally to the person to whom it is addressed, or
(b) by delivering it to the place of residence or business of the person to whom it is addressed and by leaving it there with some person for him or her, or
(c) by posting it to the person addressed to the place last shown in the records of the Minister as his or her place of residence or business, or
(d) in any manner in which any court attendance notice or other process in any proceedings for an offence under this Act may be served, or
(e) if it is to be served on a person on board a vessel—by transmitting its contents to the master of the vessel in any manner or by any other manner authorised by this section.
For the purposes of this section, a person’s place of residence or business includes a vessel on which the person resides or works.
This section does not apply to the service of any court attendance notice or other process in any proceedings for an offence under this Act or to the service of any notice or other instrument for which provision is specifically made in this Act.
This Act binds the Crown in right of New South Wales and, in so far as the legislative power of the Parliament permits, the Crown in all its other capacities.
Nothing in this Act renders the Commonwealth or a State or Territory of the Commonwealth liable to be prosecuted for an offence.
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.
(Repealed)
The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.
The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.
A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.
(Repealed)
The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts—
• this Act
Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
To the extent to which any such provision takes effect from a date that is earlier than the date of its publication on the NSW legislation website, 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.
In this Part—
Despite the repeal of the former Act, the provisions of the former Act continue to apply, after the commencement of this clause, in relation to any discharge or transfer of oil or a noxious liquid substance, that occurred before the commencement of this clause as if the former Act had not been repealed.
Nothing in this Act affects any notice issued under section 48 of the former Act before the commencement of section 191 of this Act and the provisions of the former Act are to continue to apply in respect of any such notice as if the former Act were still in force.
(Repealed)
A person appointed as an inspector under the former Act is taken to have been appointed as an inspector under section 226 of this Act.
(Repealed)
Marine Pollution Act 2012 No 5. Assented to 14.3.2012. Date of commencement, 1.9.2014, sec 2 and 2014 (520) LW 22.8.2014. This Act has been amended as follows—
No 90 | Marine Safety Amendment (Domestic Commercial Vessel National Law Application) Act 2012. Assented to 20.11.2012. Date of commencement, 1.7.2013, sec 2 and 2013 (233) LW 31.5.2013. | |
No 95 | Civil and Administrative Legislation (Repeal and Amendment) Act 2013. Assented to 20.11.2013. Date of commencement, 1.1.2014, sec 2. | |
No 55 | Statute Law (Miscellaneous Provisions) Act (No 2) 2016. Assented to 25.10.2016. Date of commencement of Sch 3.19, 6.1.2017, sec 2 (1). | |
No 30 | Statute Law (Miscellaneous Provisions) Act 2020. Assented to 27.10.2020. Date of commencement of amendments made by Sch 4, 22.1.2021, sec 2(4). | |
No 8 | Marine Pollution Amendment (Review) Act 2021. Assented to 26.3.2021. Date of commencement of Schs 1.1[1]–[5] [7]–[65] [71]–[92] [94]–[96] and 1.2, assent, sec 2(1); date of commencement of Sch 1.1[6] [66]–[70] and [93], 25.3.2024, sec 2(2) and 2024 (55) LW 8.3.2024. | |
No 12 | Marine Safety Amendment Act 2025. Assented to 2.3.2025. Date of commencement, assent, sec 2. |
This Act has been amended by sec 30C of the Interpretation Act 1987 No 15.
Sec 2A | Ins 2021 No 8, Sch 1.1[1]. |
Sec 3 | Am 2020 No 30, Sch 4.40[1]; 2021 No 8, Schs 1.1[2]–[7], 1.2[1]. |
Sec 4 | Am 2021 No 8, Sch 1.2[2]. |
Secs 5A, 5B | Ins 2021 No 8, Sch 1.1[8]. |
Sec 6 | Am 2021 No 8, Sch 1.1[9]. |
Sec 7 | Am 2021 No 8, Schs 1.1[10] [11], 1.2[3]. |
Sec 8 | Am 2021 No 8, Sch 1.1[12]. |
Sec 9 | Am 2021 No 8, Sch 1.2[4]. |
Sec 10 | Am 2021 No 8, Sch 1.2[5]. |
Sec 11 | Am 2021 No 8, Sch 1.1[13]. |
Sec 12 | Am 2021 No 8, Sch 1.1[14][15]. |
Sec 13 | Am 2021 No 8, Schs 1.1[16], 1.2[6]. |
Sec 14 | Subst 2021 No 8, Sch 1.1[17]. |
Sec 15 | Am 2021 No 8, Sch 1.2[8]. |
Sec 16 | Am 2021 No 8, Sch 1.2[9]. |
Sec 17 | Am 2021 No 8, Sch 1.2[10]. |
Part 3, Div 1, note | Ins 2021 No 8, Sch 1.2[7]. |
Sec 18 | Am 2021 No 8, Sch 1.2[11] [12]. |
Sec 19 | Am 2021 No 8, Sch 1.2[13] [14]. |
Sec 20 | Am 2021 No 8, Sch 1.2[15] [16]. |
Sec 21 | Am 2021 No 8, Sch 1.2[17]. |
Sec 22 | Am 2021 No 8, Schs 1.1[18] [19], 1.2[18]. |
Sec 23 | Rep 2021 No 8, Sch 1.1[20]. |
Sec 24 | Am 2021 No 8, Sch 1.2[19] [20]. |
Sec 25 | Am 2021 No 8, Sch 1.2[21] [22]. |
Sec 26 | Am 2021 No 8, Sch 1.2[23]. |
Part 4, Div 1, note | Ins 2021 No 8, Sch 1.2[24]. |
Secs 27, 28 | Am 2021 No 8, Schs 1.1[21], 1.2[25] . |
Part 4, Div 2, note | Ins 2021 No 8, Sch 1.2[26]. |
Sec 29 | Am 2021 No 8, Sch 1.2[27]. |
Sec 30 | Am 2021 No 8, Sch 1.2[28]. |
Sec 31 | Am 2021 No 8, Sch 1.2[29]. |
Sec 32 | Am 2021 No 8, Sch 1.2[30] [31]. |
Sec 33 | Am 2021 No 8, Sch 1.2[32] [33]. |
Sec 34 | Am 2021 No 8, Sch 1.2[34] [35]. |
Secs 35–39 | Rep 2021 No 8, Sch 1.1[22]. |
Sec 40 | Am 2021 No 8, Sch 1.2[36] [37]. |
Sec 41 | Am 2021 No 8, Sch 1.2[38] [39]. |
Sec 42 | Am 2021 No 8, Sch 1.2[40] [41]. |
Part 5, Div 1, note | Ins 2021 No 8, Sch 1.2[42]. |
Secs 43, 44 | Am 2021 No 8, Sch 1.2[43]. |
Part 5, Div 2, note | Ins 2021 No 8, Sch 1.2[44]. |
Secs 45–47 | Am 2021 No 8, Sch 1.2[45]. |
Sec 48 | Am 2021 No 8, Sch 1.2[45] [46]. |
Sec 49 | Am 2021 No 8, Sch 1.2[47] [48]. |
Sec 50 | Am 2021 No 8, Sch 1.2[49] [50]. |
Sec 51 | Am 2021 No 8, Sch 1.2[51] [52]. |
Sec 52 | Am 2021 No 8, Sch 1.2[53] [54]. |
Part 6, Div 1, note | Ins 2021 No 8, Sch 1.2[55]. |
Sec 53 | Am 2021 No 8, Schs 1.1[23] [24], 1.2[56]. |
Secs 54, 55 | Am 2021 No 8, Sch 1.2[56]. |
Secs 55A, 55B | Ins 2021 No 8, Sch 1.1[25]. |
Sec 56 | Am 2021 No 8, Sch 1.2[57] [58]. |
Sec 57 | Am 2021 No 8, Sch 1.2[59] [60]. |
Sec 58 | Rep 2021 No 8, Sch 1.1[26]. |
Sec 59 | Am 2021 No 8, Schs 1.1[27] [28], 1.2[61] [62]. |
Part 7, note | Ins 2021 No 8, Sch 1.1[29]. |
Part 7, Div 1, note | Ins 2021 No 8, Sch 1.2[63]. |
Part 7, Div 2, note | Ins 2021 No 8, Sch 1.1[30]. |
Secs 60–62 | Am 2021 No 8, Sch 1.2[64]. |
Sec 63 | Am 2021 No 8, Sch 1.2[65] [66]. |
Sec 64 | Am 2021 No 8, Sch 1.1[31], 1.2[67] [68]. |
Sec 65 | Am 2021 No 8, Schs 1.1[32] [33], 1.2[69]. |
Sec 66 | Subst 2021 No 8, Sch 1.1[34]. |
Sec 66A | Ins 2021 No 8, Sch 1.1[34]. |
Secs 68–73 | Am 2021 No 8, Sch 1.2[70]. |
Sec 74 | Rep 2021 No 8, Sch 1.1[35]. |
Sec 75 | Am 2021 No 8, Sch 1.2[71]. |
Sec 76 | Am 2021 No 8, Sch 1.2[72]. |
Sec 77 | Am 2021 No 8, Sch 1.2[73]. |
Sec 78 | Am 2021 No 8, Sch 1.2[74]. |
Sec 79 | Am 2021 No 8, Sch 1.2[75]. |
Sec 80 | Am 2021 No 8, Sch 1.2[76]. |
Sec 81 | Am 2021 No 8, Sch 1.2[77]. |
Sec 82 | Am 2021 No 8, Sch 1.2[78]. |
Sec 83 | Am 2021 No 8, Sch 1.2[79]. |
Sec 84 | Am 2021 No 8, Sch 1.2[80]. |
Sec 86 | Am 2021 No 8, Sch 1.1[36] [37]. |
Sec 87 | Am 2021 No 8, Sch 1.2[81] [82]. |
Sec 88 | Am 2021 No 8, Sch 1.2[83] [84]. |
Sec 89 | Am 2021 No 8, Sch 1.2[85] [86]. |
Sec 90 | Am 2021 No 8, Sch 1.2[87] [88]. |
Sec 91 | Am 2021 No 8, Sch 1.2[87] [89]. |
Sec 92 | Am 2021 No 8, Sch 1.2[90] [91]. |
Sec 93 | Am 2021 No 8, Sch 1.2[92]. |
Sec 94 | Am 2021 No 8, Sch 1.2[93]. |
Sec 95 | Am 2021 No 8, Sch 1.2[94] [95]. |
Sec 96 | Am 2021 No 8, Sch 1.2[94] [96]. |
Sec 97 | Am 2021 No 8, Sch 1.2[97] [98]. |
Sec 98 | Am 2021 No 8, Sch 1.2[97] [99]. |
Sec 100 | Am 2021 No 8, Sch 1.2[100] [101]. |
Sec 101 | Am 2021 No 8, Sch 1.2[100] [102]. |
Sec 102 | Am 2021 No 8, Sch 1.2[103] [104]. |
Sec 103 | Am 2021 No 8, Sch 1.2[103] [105]. |
Sec 104 | Am 2021 No 8, Sch 1.2[106] [107]. |
Sec 105 | Am 2021 No 8, Schs 1.1[38], 1.2[108] [109]. |
Sec 106 | Am 2021 No 8, Sch 1.2[110] [111]. |
Part 10, Div 4, heading | Am 2021 No 8, Sch 1.1[39]. |
Sec 107 | Am 2021 No 8, Schs 1.1[40]–[42], 1.2[112] [113]. |
Sec 108 | Am 2021 No 8, Schs 1.1[40] [43], 1.2[114] [115]. |
Sec 109 | Am 2021 No 8, Schs 1.1[40], 1.2[114] [116]. |
Part 10, Div 5, heading | Am 2021 No 8, Sch 1.1[44]. |
Sec 110 | Am 2021 No 8, Schs 1.1[44]–[46], 1.2[117] [118]. |
Sec 111 | Am 2021 No 8, Sch 1.1[44] [47] [48], 1.2[117] [119]. |
Sec 112 | Am 2021 No 8, Schs 1.1[44], 1.2[120] [121]. |
Sec 113 | Am 2021 No 8, Schs 1.1[49], 1.2[122] [123]. |
Sec 114 | Am 2021 No 8, Schs 1.1[50] [51], 1.2[124] [125]. |
Sec 115 | Am 2021 No 8, Sch 1.2[126] [127]. |
Sec 116 | Am 2021 No 8, Sch 1.2[128]. |
Sec 117 | Am 2021 No 8, Sch 1.2[129] [130]. |
Sec 118 | Am 2021 No 8, Sch 1.2[131] [132]. |
Sec 119 | Am 2021 No 8, Sch 1.2[133] [134]. |
Sec 120 | Am 2021 No 8, Sch 1.2[135] [136]. |
Sec 121 | Am 2021 No 8, Schs 1.1[52], 1.2[135] [137]. |
Sec 122 | Am 2021 No 8, Sch 1.2[138] [139]. |
Sec 123 | Am 2021 No 8, Sch 1.2[138] [140]. |
Sec 124 | Am 2021 No 8, Sch 1.2[141] [142]. |
Sec 125 | Am 2021 No 8, Schs 1.1[53] [54], 1.2[143] [144]. |
Sec 126 | Am 2021 No 8, Sch 1.2[145] [146]. |
Sec 127 | Am 2021 No 8, Sch 1.2[147] [148]. |
Sec 128 | Am 2021 No 8, Sch 1.2[149] [150]. |
Sec 129 | Am 2021 No 8, Sch 1.2[151] [152]. |
Sec 130 | Am 2021 No 8, Sch 1.2[153] [154]. |
Sec 131 | Am 2021 No 8, Sch 1.2[155] [156]. |
Sec 132 | Am 2021 No 8, Schs 1.1[55], 1.2[155] [157]. |
Sec 133 | Am 2021 No 8, Sch 1.2[158] [159]. |
Sec 134 | Am 2021 No 8, Sch 1.2[158] [160]. |
Sec 135 | Am 2021 No 8, Schs 1.1[56] [57], 1.2[161] [162]. |
Sec 136 | Am 2021 No 8, Sch 1.2[161] [163]. |
Sec 137 | Subst 2021 No 8, Sch 1.1[58]. |
Sec 138 | Am 2021 No 8, Schs 1.1[59] [60], 1.2[161] [164]. |
Sec 139 | Am 2021 No 8, Sch 1.2[165] [166]. |
Sec 140 | Am 2021 No 8, Sch 1.2[165] [167]. |
Sec 141 | Am 2021 No 8, Sch 1.2[161] [168]. |
Sec 142 | Am 2021 No 8, Sch 1.2[169] [170]. |
Sec 143 | Am 2021 No 8, Sch 1.2[169] [171]. |
Sec 144 | Am 2021 No 8, Sch 1.2[172] [173]. |
Sec 145 | Am 2021 No 8, Schs 1.1[61], 1.2[172] [174]. |
Sec 146 | Am 2021 No 8, Sch 1.2[169] [175]. |
Sec 147 | Am 2021 No 8, Sch 1.2[169] [176]. |
Sec 148 | Am 2021 No 8, Schs 1.1[62], 1.2[177] [178]. |
Sec 149 | Rep 2021 No 8, Sch 1.1[63]. |
Sec 150 | Am 2021 No 8, Schs 1.1[64], 1.2[179] [180]. |
Sec 151 | Am 2021 No 8, Schs 1.1[65], 1.2[181] [182]. |
Sec 152 | Am 2021 No 8, Schs 1.1[66]–[69], 1.2[183] [184]. |
Part 12, Div 3 | Rep 2021 No 8, Sch 1.1[70]. |
Sec 153 | Rep 2021 No 8, Sch 1.1[70]. |
Sec 154 | Rep 2021 No 8, Sch 1.1[70]. |
Sec 155 | Rep 2021 No 8, Sch 1.1[70]. |
Sec 156 | Rep 2021 No 8, Sch 1.1[70]. |
Part 12, Div 4 | Rep 2021 No 8, Sch 1.1[70]. |
Sec 157 | Rep 2021 No 8, Sch 1.1[70]. |
Sec 158 | Rep 2021 No 8, Sch 1.1[70]. |
Sec 159 | Rep 2021 No 8, Sch 1.1[70]. |
Sec 160 | Rep 2021 No 8, Sch 1.1[70]. |
Part 12, Div 5 | Rep 2021 No 8, Sch 1.1[70]. |
Sec 161 | Rep 2021 No 8, Sch 1.1[70]. |
Sec 162 | Rep 2021 No 8, Sch 1.1[70]. |
Sec 163 | Rep 2021 No 8, Sch 1.1[70]. |
Part 12, Div 6 | Rep 2021 No 8, Sch 1.1[70]. |
Sec 164 | Rep 2021 No 8, Sch 1.1[70]. |
Part 12, Div 7 | Rep 2021 No 8, Sch 1.1[70]. |
Sec 165 | Rep 2021 No 8, Sch 1.1[70]. |
Sec 166 | Rep 2021 No 8, Sch 1.1[70]. |
Sec 167 | Rep 2021 No 8, Sch 1.1[70]. |
Sec 168 | Rep 2021 No 8, Sch 1.1[70]. |
Part 12, Div 8 | Rep 2021 No 8, Sch 1.1[70]. |
Sec 169 | Rep 2021 No 8, Sch 1.1[70]. |
Sec 170 | Rep 2021 No 8, Sch 1.1[70]. |
Sec 171 | Rep 2021 No 8, Sch 1.1[70]. |
Sec 172 | Rep 2021 No 8, Sch 1.1[70]. |
Sec 173 | Am 2021 No 8, Sch 1.2[185]. |
Secs 174, 175 | Am 2021 No 8, Sch 1.2[186]. |
Sec 176 | Am 2021 No 8, Sch 1.2[187]. |
Sec 177 | Am 2021 No 8, Sch 1.2[188]. |
Sec 178 | Am 2021 No 8, Schs 1.1[71] [72], 1.2[189]. |
Sec 179 | Am 2021 No 8, Sch 1.2[190]. |
Sec 180 | Am 2021 No 8, Schs 1.1[73], 1.2[191]. |
Sec 181 | Am 2021 No 8, Sch 1.2[192]. |
Sec 182 | Am 2021 No 8, Sch 1.2[193]. |
Sec 183 | Am 2021 No 8, Schs 1.1[74]–[77], 1.2[194]. |
Sec 184 | Am 2021 No 8, Schs 1.1[78], 1.2[195]. |
Sec 185 | Am 2021 No 8, Sch 1.2[196]. |
Sec 186 | Am 2021 No 8, Sch 1.2[197]. |
Sec 188 | Am 2021 No 8, Sch 1.2[198]. |
Sec 189 | Am 2021 No 8, Schs 1.1[79]. |
Sec 190 | Am 2021 No 8, Sch 1.1[80]–[82]. |
Sec 191 | Am 2021 No 8, Sch 1.1[83]. |
Sec 194 | Am 2021 No 8, Sch 1.1[84]. |
Part 16, Div 4A | Ins 2021 No 8, Sch 1.1[85]. |
Sec 202A | Ins 2021 No 8, Sch 1.1[85]. Am 2025 No 12, Sch 2.3. |
Sec 202B | Ins 2021 No 8, Sch 1.1[85]. |
Sec 202C | Ins 2021 No 8, Sch 1.1[85]. |
Sec 203 | Am 2021 No 8, Sch 1.2[199]. |
Sec 204 | Am 2021 No 8, Sch 1.2[200]. |
Sec 205 | Am 2021 No 8, Sch 1.1[86]. |
Sec 207 | Am 2021 No 8, Sch 1.2[201]. |
Sec 208 | Am 2021 No 8, Sch 1.2[202]. |
Sec 216 | Am 2021 No 8, Schs 1.1[87] [88], 1.2[203]. |
Sec 217 | Am 2021 No 8, Sch 1.2[203]. |
Sec 218 | Am 2021 No 8, Sch 1.2[204]. |
Sec 219 | Am 2021 No 8, Sch 1.2[205]. |
Sec 220 | Am 2021 No 8, Sch 1.2[206]. |
Sec 221 | Am 2021 No 8, Schs 1.1[89] [90], 1.2[207]. |
Sec 222 | Am 2021 No 8, Sch 1.2[208]. |
Sec 223 | Am 2021 No 8, Sch 1.2[209]. |
Sec 224 | Am 2021 No 8, Sch 1.2[210]. |
Sec 225 | Am 2021 No 8, Sch 1.2[211]. |
Sec 228 | Am 2021 No 8, Schs 1.1[91], 1.2[212]. |
Sec 229 | Am 2021 No 8, Sch 1.2[213]. |
Sec 230 | Am 2021 No 8, Sch 1.2[214]. |
Sec 231 | Am 2021 No 8, Sch 1.2[215]. |
Sec 232 | Am 2021 No 8, Sch 1.2[216]. |
Sec 233 | Am 2021 No 8, Sch 1.2[217]. |
Sec 234 | Am 2021 No 8, Sch 1.2[218]. |
Sec 235 | Am 2021 No 8, Sch 1.2[219]. |
Sec 236 | Am 2021 No 8, Sch 1.2[220]. |
Sec 237 | Am 2021 No 8, Sch 1.2[221]. |
Sec 238 | Am 2021 No 8, Sch 1.2[222]. |
Sec 239 | Am 2021 No 8, Sch 1.2[223]. |
Sec 240 | Am 2021 No 8, Sch 1.2[224]. |
Sec 243 | Am 2021 No 8, Schs 1.1[92] [93], 1.2[225]. |
Sec 244 | Subst 2013 No 95, Sch 2.93. |
Sec 245 | Am 2021 No 8, Sch 1.2[226]. |
Sec 246 | Am 2021 No 8, Sch 1.2[227]. |
Sec 247 | Am 2016 No 55, Sch 3.19; 2020 No 30, Sch 4.40[2]; 2021 No 8, Sch 1.1[94]. |
Sec 248 | Am 2012 No 90, Sch 2.6. |
Sec 249 | Am 2021 No 8, Sch 1.2[228]. |
Sec 250 | Rep 1987 No 15, sec 30C. |
Sch 1 | Rep 1987 No 15, sec 30C. |
Sch 2 | Am 2021 No 8, Sch 1.1[95] [96]. |
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