Marine Pollution Amendment (On-board Treatment of Greywater) Regulation 2011 (NSW)

2011 No 514

New South Wales

Marine Pollution Amendment

(On-board Treatment of Greywater)

Regulation 2011

under the

Marine Pollution Act 1987

Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Marine Pollution Act 1987.

DUNCAN GAY, MLC

Minister for Roads and Ports

Explanatory note
The objects of this Regulation are:

(a)

to make provision for some commercial vessel operators to choose an alternative method to manage their greywater waste, so that operators of Class 1 commercial vessels used in the Sydney Harbour locality must ensure that the vessel is fitted with a greywater holding tank as currently required, but other commercial vessel operators may choose to use a greywater treatment system that complies in all respects with Australian Standard AS 4995—2009, Greywater treatment systems for vessels operated on inland waters or to comply with the current requirements, and

(b)

to require such greywater treatment systems to be regularly flushed to a waste collection facility or in accordance with an environment protection licence.

This Regulation is made under the Marine Pollution Act 1987, including section 61 (the general regulation-making power).

Published LW 30 September 2011	Page 1
2011 No 514	Marine Pollution Amendment (On-board Treatment of Greywater)
Clause 1	Regulation 2011

Marine Pollution Amendment (On-board Treatment of

Greywater) Regulation 2011

under the

Marine Pollution Act 1987

1      Name of Regulation

This Regulation is the Marine Pollution Amendment (On-board
Treatment of Greywater) Regulation 2011.

2      Commencement

This Regulation commences on the day on which it is published on the
NSW legislation website.

Marine Pollution Amendment (On-board Treatment of Greywater)	2011 No 514
Regulation 2011
Amendment of Marine Pollution Regulation 2006	Schedule 1
Schedule 1	Amendment of Marine Pollution Regulation 2006

[1]      Clause 25 Definitions

Omit the definitions of Class 1 commercial vessel and Class 4 commercial vessel.

Insert instead:

Class 1 commercial vessel means a commercial vessel designated as a Class 1 (passenger vessel) under clause 14 of the Marine Safety (Commercial Vessels) Regulation 2010.

Class 4 commercial vessel means a commercial vessel designated as a Class 4 (hire and drive vessel) under clause 14 of the Marine Safety (Commercial Vessels) Regulation 2010.

[2]      Clause 32

Omit the clause. Insert instead:

32 Requirements for greywater tanks

(1)

The owner of a vessel to which this Division applies must ensure

that:

(a)	any sink, basin, washbowl or similar permanent container into which greywater is discharged on a vessel is connected to a greywater tank on the vessel, and
(b)	the greywater tank, the fittings leading from the galley to the tank and the fittings used for the discharge of the contents of the tank are:

(i)      fabricated from stainless steel, polyester fibreglass, polyvinyl chloride or some other corrosion-resistant material, or

(ii)      protected internally by polyester fibreglass, rubber or some other continuous liner and protected externally by a coating.

Maximum penalty: 100 penalty units.

(2) As an alternative to complying with subclause (1), the owner of any of the following may instead ensure that an on-board greywater treatment system that complies with Australian

2011 No 514	Marine Pollution Amendment (On-board Treatment of Greywater) Regulation 2011
Schedule 1	Amendment of Marine Pollution Regulation 2006

Standard AS 4995—2009, Greywater treatment systems for vessels operated on inland waters is operated on the vessel:

(a)	a vessel referred to in clause 31 (a) or (c),
(b)	a vessel referred to in clause 31 (b) that is not a Class 1 commercial vessel.

[3]      Clause 34 Requirement for the proper discharge and flushing of galley waste

Insert “, or flush a greywater treatment system on a vessel,” after “vessel” in clause 34 (1).

[4]      Clause 34 (1)

Omit “or deposited”. Insert instead “, deposited or flushed”.

[5]      Clause 34 (2)

Insert “, or the contents of a greywater treatment system are flushed from the vessel,” after “from the vessel”.

[6]      Clause 34 (2)

Omit “subclause (2)”. Insert instead “subclause (1)”.

[7]      Clause 34 (3)

Omit “or deposit”. Insert instead “, deposit or flushing”.

[8]      Clause 34 (4)

Insert after clause 34 (3):

(4)	The owner of a vessel with a greywater treatment system must ensure that the system is flushed with fresh water as often as is reasonably necessary to ensure the efficient operation of the system, having regard to the type of treatment system, the size of the tank, the number of berths on the vessel and the manufacturer’s instructions.
Maximum penalty: 100 penalty units.