Marine Pollution Regulation 2014 (NSW)
This Regulation is the Marine Pollution Regulation 2014.
This Regulation commences on 1 September 2014 and is required to be published on the NSW legislation website.
In this Regulation—
An expression used in this Regulation that is also used in MARPOL (whether or not a particular meaning is assigned to it by MARPOL), has in this Regulation the same meaning as it has in MARPOL.
Notes included in this Regulation do not form part of this Regulation.
(Repealed)
Marine Order 1 (Administration) 2013 of the Commonwealth, as in force on 14 December 2013, is adopted subject to the modifications set out in Schedule 2.
Marine Order 91 (Marine pollution prevention—oil) 2014 of the Commonwealth, as in force on 1 July 2014, is adopted subject to the modifications set out in Schedule 3.
Marine Order 93 (Marine pollution prevention—noxious liquid substances) 2014 of the Commonwealth, as in force on 1 July 2014, is adopted subject to the modifications set out in Schedule 4.
If a tank of a ship from which a noxious liquid substance has been unloaded is not washed in accordance with whichever of the provisions of Marine Order 93 (Marine pollution prevention—noxious liquid substances) 2014 adopted by this clause is applicable to the tank (having regard to whether the substance unloaded from the tank is a Category X, Y, Z or other substance), the master of the ship is guilty of an offence.
Maximum penalty—20 penalty units.
Marine Order 94 (Marine pollution prevention—packaged harmful substances) 2014 of the Commonwealth, as in force on 22 February 2014, is adopted subject to the modifications set out in Schedule 5.
Marine Order 96 (Marine pollution prevention—sewage) 2018 of the Commonwealth, as in force on 15 March 2018, is adopted subject to the modifications set out in Schedule 6.
Marine Order 95 (Marine pollution prevention—garbage) 2018 of the Commonwealth, as in force on 23 February 2018, is adopted subject to the modifications set out in Schedule 7.
A master of a ship who fails to comply with a provision of Marine Order 95 (Marine pollution prevention—garbage) 2018 adopted under subclause (1) that is expressed in that Order to be a penal provision is guilty of an offence against this Regulation.
Maximum penalty—20 penalty units.
This Part does not apply to large ships in State waters.
Part 6 (Prevention of pollution by sewage) of the Act applies to large ships.
In this Part—
(a) is designed and constructed to receive discharge from any galley, bath or shower on the vessel and to retain the discharge for disposal at a waste collection facility, and
(b) is separate from any holding tank if the waste collection facility to be used requires faecal matter to be discharged separately from any greywater.
(a) accommodation for, or a means of securing, a vessel, and
(b) a slipway or some other way of taking a vessel out of the water, and
(c) at least one of the following—
(i) a shipwright service,
(ii) sewage pump-out facilities for vessels,
(iii) dinghy or tender storage,
(iv) fuel for vessels,
(v) engineering services for vessels,
(vi) mechanical repair services for vessels,
(vii) tender services,
(viii) provisioning services for vessels,
(ix) any other similar marine services or facilities.
(a) the waters of that part of the Darling River and its tributaries from the junction of that river with the Murray River upstream approximately 42 kilometres to the overhead crossing at Avoca, and
(b) the waters of the anabranches of the Murray River, and
(c) the backed up waters of all dams and other impoundments on the Murray River from the South Australian border upstream to the source of the Murray River.
The following
(a) the faecal coliform standard is the geometric mean of the faecal coliform count of the samples of effluent taken during the test period must not exceed 250 faecal coliforms/100 ml M.P.N. (most probable number) as determined by a multiple tube fermentation analysis or an equivalent analytical procedure,
(b) the suspended solids standard is—
(i) if testing is carried out on shore, the geometric mean of the total suspended solids content of the samples of effluent taken during the test period must not exceed 50 mg/l, or
(ii) if testing is carried out on board a vessel, the geometric mean of the total suspended solids content of the samples of effluent taken during the test period must not be more than 100 mg/l above the suspended solids content of ambient water used for flushing purposes,
(c) the geometric mean of 5-day Biochemical Oxygen Demand (BOD) of the samples of effluent taken during the test period must not exceed 50 mg/l.
A person must not discharge or deposit untreated sewage from a vessel into any State waters or onto the bank or bed of any State waters unless the sewage is discharged or deposited—
(a) into a waste collection facility, or
(b) in accordance with an environment protection licence issued under the Protection of the Environment Operations Act 1997.
Maximum penalty—100 penalty units.
The owner and master of a vessel are each guilty of an offence if untreated sewage is discharged or deposited from the vessel by any person in contravention of subclause (1).
Maximum penalty—100 penalty units.
It is a defence to a prosecution for an offence under subclause (2) if the defendant shows that all reasonable measures were taken to prevent the discharge or deposit from the vessel.
This clause applies to the following waters—
(a) all inland waters,
(b) all intermittent closing and opening lagoons,
(c) waters in, and waters within 500 metres of, any of the following—
(i) an area in which aquaculture occurs,
(ii) an area normally used for swimming,
(iii) a beach,
(iv) a marine park or an aquatic reserve (within the meaning of the Marine Estate Management Act 2014),
(v) (Repealed)
(d) waters in which, and waters with 500 metres of waters in which, there is any of the following—
(i) a person,
(ii) a moored or anchored vessel,
(iii) a marina.
A person must not discharge or deposit treated sewage from a vessel into any waters to which this clause applies or onto the bank or bed of any such waters or any adjacent waters unless the sewage is discharged or deposited—
(a) into a waste collection facility, or
(b) in accordance with an environment protection licence issued under the Protection of the Environment Operations Act 1997.
Maximum penalty—100 penalty units.
The owner and master of a vessel are each guilty of an offence if treated sewage is discharged or deposited from the vessel by any person in contravention of subclause (2).
Maximum penalty—100 penalty units.
It is a defence to a prosecution for an offence under subclause (3) if the defendant shows that all reasonable measures were taken to prevent the discharge or deposit from the vessel.
The owner of a vessel operating in State waters is guilty of an offence if the vessel is fitted with an on-board sewage treatment plant that is not a certified on-board sewage treatment plant.
The owner of a vessel must ensure that any on-board sewage treatment plant on the vessel—
(a) is fitted in accordance with the manufacturer’s instructions (if any), and
(b) is maintained in good condition, and
(c) does not exceed its maximum treatment capacity as specified by the manufacturer.
Maximum penalty—100 penalty units.
The owner of a Class 1 commercial vessel or a Class 4 commercial vessel must ensure that—
(a) if the vessel has a toilet fitted, the toilet is connected properly to a holding tank that—
(i) is of a capacity that complies with clause 19, and
(ii) complies with the provisions of the remainder of this Division and has been tested in accordance with this Division, or
(b) if it is not structurally possible to install a holding tank on the vessel or the vessel has a certified on-board sewage treatment system, there is a plan of management for the vessel that has been approved under clause 31.
Maximum penalty—100 penalty units.
The owner of a vessel in which a holding tank is installed in compliance with clause 17 must ensure that the vessel is not used for commercial purposes unless—
(a) the owner has obtained a report in writing by a naval architect or other suitably qualified person certifying that the holding tank complies with the requirements of that clause and that the stability of the vessel has not been, and is unlikely to be, affected adversely in a material way by the installation and intended use of the holding tank, and
(b) that report has been submitted to TfNSW and TfNSW has acknowledged receipt of the report in writing to the owner.
Maximum penalty—50 penalty units.
The owner of a Class 1 commercial vessel or a Class 4 commercial vessel must ensure that the vessel has a holding tank with a capacity that complies with the following—
(a) in the case of a vessel used during daylight hours (other than a houseboat)—
(i) that has not more than 12 persons on board—a capacity of 120 litres, or
(ii) that has more than 12 persons on board—a capacity of 120 litres + 7 litres × the number of persons on board in excess of 12,
(b) in the case of a vessel used overnight (other than a houseboat)—
(i) that has not more than 12 persons on board—a capacity of 240 litres, or
(ii) that has more than 12 persons on board—a capacity of 240 litres + 15 litres × the number of persons on board in excess of 12,
(c) in the case of a houseboat—
(i) that has 1 to 6 berths—a capacity of 360 litres, or
(ii) that has more than 6 berths—a capacity of 720 litres.
The owner of a Class 1 commercial vessel or a Class 4 commercial vessel must ensure that the capacity of the holding tank of a vessel fitted with an efficient flushing system complies with the following—
(a) in the case of a vessel used during daylight hours (other than a houseboat)—
(i) that has not more than 12 persons on board—a capacity of 60 litres, or
(ii) that has more than 12 persons on board—a capacity of 60 litres + 3.5 litres × the number of persons on board in excess of 12,
(b) in the case of a vessel used overnight (other than a houseboat)—
(i) that has not more than 12 persons on board—a capacity of 120 litres, or
(ii) that has more than 12 persons on board—a capacity of 120 litres + 7.5 litres × the number of persons on board in excess of 12,
(c) in the case of a houseboat—
(i) that has 1 to 6 berths—a capacity of 180 litres, or
(ii) that has more than 6 berths—a capacity of 360 litres.
In this clause—
The owner of a Class 1 commercial vessel or a Class 4 commercial vessel must ensure that any materials in contact with sewage are resistant to the effects of toilet water or fresh or salt water flush, the marine environment, disinfectants, deodorants, cleaning agents and chemical compounds in solid, liquid or gaseous form or of a toxic or explosive nature likely to be generated in the operation of a holding tank.
Typical materials for holding tanks include stainless steel lined with rubber, polyester resin fibre-reinforced plastics and fibre-reinforced plastics or polyvinyl chloride without a metal shell.
The owner of a Class 1 commercial vessel or a Class 4 commercial vessel must ensure that the materials of which the holding tank is constructed are chemically and galvanically compatible.
The owner of a Class 1 commercial vessel or a Class 4 commercial vessel must ensure that the holding tank of the vessel is manufactured to meet the following requirements—
(a) the tank must be capable of operation when heeled 15 degrees to either side (or, in the case of a sailing craft, 30 degrees) and trimmed 10 degrees by bow or stern,
(b) the design of the tank must preclude the possibility of back-siphoning,
(c) the design of the tank must prevent the escape of toilet waste to the interior or the exterior of the vessel under all conditions of heel or trim,
(d) the tank must be securely fastened by means other than any connected piping,
(e) fittings and openings must be accessible for maintenance and cleaning,
(f) the tank must not have any common boundary with any potable water tank,
(g) the tank must be constructed in such a manner as to have a smooth uninterrupted interior surface free from any projections,
(h) the lower part of the tank must be sloped to be self-cleansing.
The owner of a Class 1 commercial vessel or a Class 4 commercial vessel must ensure that the toilet pan of the vessel is located as close as practicable to the top of the holding tank and that any inlet connection to the tank terminates not less than 75 millimetres inside the tank.
The owner of a Class 1 commercial vessel or a Class 4 commercial vessel must ensure that—
(a) the outlet pipe from the holding tank on the vessel has a minimum nominal bore of 40 millimetres and is fitted so that not more than 40 millimetres depth of waste remains in the tank after discharge of the tank contents, and
(b) the upper end of the outlet pipe is rigidly attached to the vessel and is exposed on, or accessible from, the deck of the vessel, and
(c) the upper end of the outlet pipe is fitted with the female side of an approved quick coupling device of 40 millimetres nominal bore, and
(d) a removable gas-tight cover that is capable of protecting the seal is positioned over that coupling.
The owner of a Class 1 commercial vessel or a Class 4 commercial vessel must ensure that a vent pipe of 38 millimetres nominal bore is fitted to the top of the holding tank and extends to a point outside the vessel, being a point not less than 300 millimetres above the level of the toilet seat pan.
The owner of a Class 1 commercial vessel or a Class 4 commercial vessel must ensure that—
(a) if the outlet pipe from the holding tank is not alternatively used as a flushing water inlet to the tank, a pipe of 38 millimetres nominal bore is fitted to the top of the tank and be used for that purpose, and
(b) the upper end of the flushing pipe is fitted with the female side of an approved quick coupling device of 38 millimetres nominal bore and this coupling end is rigidly attached to the vessel and is exposed on, or accessible from, the deck of the vessel, and
(c) a removable gas-tight cover that is capable of protecting the seal is positioned over that coupling.
The owner of a Class 1 commercial vessel or a Class 4 commercial vessel must ensure that, except where a toilet with a mechanical seal is mounted directly on top of the holding tank, an accessible inspection opening of 100 millimetres diameter is located in the top of the tank and must be fitted with a removable gas-tight cover.
The owner of a Class 1 commercial vessel or a Class 4 commercial vessel must ensure that, when all removable gas-tight covers are secured in position, the holding tank and its fittings (except for the vent pipe) are thoroughly gas-tight under normal operating conditions.
The owner of a Class 1 commercial vessel or a Class 4 commercial vessel must ensure that the holding tank and the connecting piping or tubing (including all fittings) are pressure tested with water as follows—
(a) the pressure is to represent a water column of 1.5 times the distance between the tank top and the top of the venting pipe,
(b) the minimum height is to be not less than 2 metres of water column,
(c) the tank must hold the water pressure for 30 minutes without any leakage.
The owner of a Class 1 commercial vessel or a Class 4 commercial vessel must ensure that the holding tank and the connecting piping or tubing (including all fittings) can withstand the following pump-out test—
• The tank is to be emptied with a 170 litre per minute positive displacement pump that remains in operation for 30 seconds after emptying of the tank.
The owner of a Class 1 commercial vessel or a Class 4 commercial vessel must ensure that any toilet, holding tank and associated fitting on the vessel is maintained in good condition.
The owner of a Class 1 commercial vessel or a Class 4 commercial vessel must not cause or permit any holding tank on the vessel to be modified or removed unless the consent in writing of the Minister is first obtained.
Maximum penalty—100 penalty units.
The owner of a Class 1 commercial vessel or a Class 4 commercial vessel may submit a plan of management to the Minister for approval for the management of waste in relation to the vessel.
A plan of management submitted to the Minister for approval must—
(a) be in a form approved by the Minister, and
(b) describe the proposed operations of the vessel, and
(c) specify the waters in which the vessel will operate, and
(d) specify the areas of those waters in which treated sewage may be discharged from the vessel and the areas in which no sewage may be discharged from the vessel, as prescribed by this Regulation, and
(e) indicate the maximum number of persons likely to be on board the vessel.
The Minister may, after consultation with the applicant for approval, include any additional provisions in a plan of management before it is approved.
The Minister may—
(a) approve a plan of management unconditionally or subject to conditions, or
(b) refuse to approve a plan of management.
The Minister may, by notice in writing served on the owner of a vessel, vary an approved plan of management for the vessel or revoke the approval of a plan of management for the vessel.
The owner of a Class 1 commercial vessel or a Class 4 commercial vessel for which a plan of management has been approved under clause 31 is guilty of an offence if the vessel is operated in contravention of the plan of management.
Maximum penalty—100 penalty units.
This Division applies to the following vessels—
(a) a commercial vessel used on the Murray River, the hull construction of which commenced, or in which a greywater tank was installed, on or after 1 January 2005,
(b) a commercial vessel used in the Sydney Harbour locality, the hull construction of which commenced, or in which a holding tank or a greywater tank was installed, on or after 1 January 2005,
(c) a Class 1 commercial vessel or Class 4 commercial vessel not referred to in paragraph (a) or (b), the hull construction of which commenced on or after 1 January 2005.
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.
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 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 33(a) or (c),
(b) a vessel referred to in clause 33(b) that is not a Class 1 commercial vessel.
The owner of a vessel must ensure that any greywater tank on the vessel is maintained in a good and serviceable condition.
Maximum penalty—100 penalty units.
A person must not discharge or deposit the contents of a greywater tank on a vessel into or onto any State waters or the bank or bed of any State waters unless the contents are discharged or deposited—
(a) into a waste collection facility, or
(b) in accordance with an environment protection licence issued under the Protection of the Environment Operations Act 1997.
Maximum penalty—100 penalty units.
The owner and master of a vessel are each guilty of an offence if the contents of a greywater tank on the vessel are discharged or deposited from the vessel by any person in contravention of subclause (1).
Maximum penalty—100 penalty units.
It is a defence to a prosecution under subclause (2) if the defendant shows that all reasonable measures were taken to prevent the discharge or deposit from the vessel.
An authorised officer within the meaning of the Marine Safety Act 1998 may direct the owner or master of a vessel from which sewage or other waste is being discharged or deposited in contravention of this Part to do any or all of the following—
(a) to take specified action to ensure that no further sewage or waste is so discharged or deposited,
(b) to return the vessel to its mooring,
(c) if the vessel is a commercial vessel—to cease commercial operations until—
(i) any action specified under paragraph (a) has been taken, and
(ii) an authorised officer has inspected the vessel and approved in writing of the vessel resuming those commercial operations.
A direction referred to in subclause (1)(b) or (c) may be given only if the authorised officer considers that it is necessary to prevent the further discharge or deposit of waste from the vessel concerned.
The owner or master of a vessel to whom a direction is given under this clause must not fail to comply with the direction.
Maximum penalty—100 penalty units.
In this Part—
(a) any kind of liquid, viscid, unctuous, inflammable, chemically neutral substance that is lighter than and insoluble in water and soluble in alcohol and ether, and
(b) any derivative of a chemically neutral substance referred to in paragraph (a) or of such a substance mixed with water.
A trading ship must, while on any voyage to or from Lord Howe Island, or on any voyage on which Lord Howe Island is a port of call, have on board—
(a) an oil spill response plan approved (either generally or in a particular case) by the Minister, and
(b) any equipment, materials and substances required by that plan, and
(c) a master and crew trained in accordance with that plan.
The owner and the master of a trading ship are each guilty of an offence if the vessel is operated in contravention of subclause (1).
Maximum penalty—100 penalty units.
An oil spill response plan required by clause 39(1)(a) may be approved by the Minister only if the plan provides for the following matters—
(a) the equipment, materials and substances to be carried on board a trading ship to assist in dealing with, and minimising the damage from, any oil spilled from the ship,
(b) the way in which that equipment and those materials and substances are to be stowed and maintained,
(c) the action to be taken by the master and crew of the ship if an oil spill occurs,
(d) the relevant training to be completed by the master and crew.
Subclause (1) does not limit the matters that may be included in an oil spill response plan.
(Repealed)
In this Part, a reference to a pipeline or a purpose-built pipeline includes a reference to any fittings and valves of the pipeline concerned.
The following persons are exempt from the operation of the Act in relation to a discharge from a pipeline that is not a regulated purpose-built pipeline—
(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 of oil or a noxious liquid substance from the pipeline used in, or in connection with, a transfer operation.
In this clause—
In this Division—
(a) from a ship or place on land in or in connection with a transfer operation, or
(b) from any apparatus or purpose-built pipeline used in or in connection with a transfer operation, whether or not it is being so used,
but does not include 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.
The master of a ship must, without delay, report any reportable transfer operation pollution incident that occurs in State waters in relation to the ship to the Minister.
Maximum penalty—100 penalty units.
The report must be in the form set out in Schedule 9.
A reportable incident under this clause is to be reported by the quickest means available and conveyed through AMSA, a Port Corporation or TfNSW.
If the report is conveyed through AMSA, it must—
(a) commence with the code letters “POLREP”, and
(b) contain the name and radio call sign (if any) of the ship concerned.
If the report is conveyed through a Port Corporation or TfNSW, it must contain—
(a) the name and radio call sign (if any) of the ship concerned, and
(b) the name of the person reporting the incident, and
(c) the position of the ship.
A report must be made no later than 24 hours after receipt of a request for a report, or within such further time (not exceeding a further 14 days) as the Minister may allow.
A report must be furnished to the Minister in relation to a discharge—
(a) not later than 24 hours after receipt of a request for a report, or
(b) within such further time (not exceeding a further 14 days) as the Minister may allow.
In a prosecution of a person for an offence against subclause (1), it is a defence if the person proves that the person was unable to comply with that subclause or had another reasonable excuse.
The master of a ship must provide a supplementary report to the Minister or a person nominated by the Minister in relation to the reportable transfer operation pollution incident not later than 24 hours after receipt of a request for a report, or within such further time (not exceeding a further 14 days) as the Minister may allow, if the Minister requests such a report.
Maximum penalty—100 penalty units.
The report must be in the form set out in Schedule 9.
A reportable incident under this clause is to be reported by the quickest means available and conveyed through AMSA, a Port Corporation or TfNSW.
If the report is conveyed through AMSA, it must—
(a) commence with the code letters “POLREP”, and
(b) contain the name and radio call sign (if any) of the ship concerned.
If the report is conveyed through a Port Corporation or TfNSW, it must contain—
(a) the name and radio call sign (if any) of the ship concerned, and
(b) the name of the person reporting the incident, and
(c) the position of the ship.
In a prosecution of a person for an offence against subclause (1), it is a defence if the person proves that the person was unable to comply with that subclause or had another reasonable excuse.
The master of the ship must provide a further supplementary report to the Minister or a person nominated by the Minister not later than 24 hours after receipt of a request for a report, or within such further time (not exceeding a further 14 days) as the Minister may allow, if any significant further developments arise in relation to the reportable transfer operation pollution incident after a report or supplementary report was required under this Division.
Maximum penalty—100 penalty units.
The report must be in the form set out in Schedule 9.
A reportable incident under this clause is to be reported by the quickest means available and conveyed through AMSA, a Port Corporation or TfNSW.
If the report is conveyed through AMSA, it must—
(a) commence with the code letters “POLREP”, and
(b) contain the name and radio call sign (if any) of the ship concerned.
If the report is conveyed through a Port Corporation or TfNSW, it must contain—
(a) the name and radio call sign (if any) of the ship concerned, and
(b) the name of the person reporting the incident, and
(c) the position of the ship.
In a prosecution of a person for an offence against subclause (1), it is a defence if the person proves that the person was unable to comply with that subclause or had another reasonable excuse.
The owner, charterer, manager or operator of an abandoned ship in relation to which a reportable transfer operation pollution 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 transfer operation pollution incident is not reported to the Minister without delay and in the manner required by this clause.
Maximum penalty—100 penalty units.
The owner, charterer, manager or operator of a ship in relation to which a reportable transfer operation pollution incident has occurred in State waters in other circumstances in which a report cannot be obtained from the master of the ship under this Division, and any agent of the owner, charterer, manager or operator of the ship, are each guilty of an offence if the reportable transfer operation pollution incident is not reported to the Minister without delay and in the manner required by this clause.
Maximum penalty—100 penalty units.
In a prosecution of a person for an offence against this clause in relation to a reportable transfer operation pollution 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.
The report must be in the form set out in Schedule 9.
A reportable incident under this clause is to be reported by the quickest means available and conveyed through AMSA, a Port Corporation or TfNSW.
If the report is conveyed through AMSA, it must—
(a) commence with the code letters “POLREP”, and
(b) contain the name and radio call sign (if any) of the ship concerned.
If the report is conveyed through a Port Corporation or TfNSW, it must contain—
(a) the name and radio call sign (if any) of the ship concerned, and
(b) the name of the person reporting the incident, and
(c) the position of the ship.
In a prosecution of a person for an offence against subclause (1), it is a defence if the person proves that the person was unable to comply with that subclause or had another reasonable excuse.
Subclause (8) does not limit any defence that would, but for that subclause, be available to a person charged with an offence under this clause.
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 report provided under this Division is provided in an incomplete form and the missing particulars are not reported to the Minister without delay.
Maximum penalty—100 penalty units.
In a prosecution of a person for an offence against this clause in relation to a reportable transfer operation pollution incident, it is a defence if the person proves that the person was not aware of the incident or had another reasonable excuse.
Subclause (2) does not limit any defence that would, but for that subclause, be available to a person charged with an offence under this clause.
A person who has reported the occurrence of a reportable transfer operation pollution incident to the Minister or a person nominated by the Minister pursuant to this Division must provide the Minister with a supplementary report in relation to the reportable transfer operation pollution incident if the Minister requests the supplementary report.
Maximum penalty—100 penalty units.
A person who has reported the occurrence of a reportable transfer operation pollution incident to the Minister or a person nominated by 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 transfer operation pollution incident after a report or supplementary report was required under this Division, not later than 24 hours after receipt of a request for a report, or within such further time (not exceeding a further 14 days) as the Minister may allow.
Maximum penalty—100 penalty units.
The report must be in the form set out in Schedule 9.
A reportable incident under this clause is to be reported by the quickest means available and conveyed through AMSA, a Port Corporation or TfNSW.
If the report is conveyed through AMSA, it must—
(a) commence with the code letters “POLREP”, and
(b) contain the name and radio call sign (if any) of the ship concerned.
If the report is conveyed through a Port Corporation or TfNSW, it must contain—
(a) the name and radio call sign (if any) of the ship concerned, and
(b) the name of the person reporting the incident, and
(c) the position of the ship.
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—100 penalty units.
The prosecutor in a prosecution of an individual for an offence against this Part (other than under clause 51) must not adduce evidence of the contents of a report or supplementary report given to the Minister pursuant to this Part without the consent of the person charged.
For the purposes of sections 87–90 of the Act, a reportable incident is to be reported by the quickest means available and conveyed through any of the following—
(a) AMSA,
(b) a Port Corporation,
(c) TfNSW.
If the report is conveyed through AMSA, it must—
(a) commence with the code letters “POLREP” (unless it is made by telephone), and
(b) contain the IMO number of the ship, and
(c) contain the name and radio call sign (if any) of the ship concerned.
If the report is conveyed through a Port Corporation or TfNSW, it must—
(a) commence with the code letters “POLREP” (unless it is made by telephone), and
(b) contain the IMO number of the ship, and
(c) contain the name and radio call sign (if any) of the ship concerned, and
(d) contain the name of the person reporting the incident.
A report must be made no later than 24 hours after receipt of a request for a report, or within such further time (not exceeding a further 14 days) as the Minister may allow.
For the purposes of section 92(2) of the Act, a supplementary report of a reportable incident must be furnished to the Minister in relation to a reportable incident not later than 24 hours after receipt of a request for a report, or within such further time (not exceeding a further 14 days) as the Minister may allow.
A certificate issued by a maritime authority of another State or of the Northern Territory certifying that a ship is constructed in accordance with the provisions of Annex I of MARPOL is prescribed for the purposes of the definition of
A certificate issued by a maritime authority of another State or of the Northern Territory certifying that a ship is constructed in accordance with the provisions of Annex II of MARPOL is prescribed for the purposes of the definition of
A certificate issued by a maritime authority of another State or of the Northern Territory certifying that a ship is constructed in accordance with the provisions of Annex IV of MARPOL is prescribed for the purposes of the definition of
(Repealed)
For the purposes of sections 20, 34, 76, 121, 132, 145, 188 and 204 of the Act, the following officers are prescribed—
(a) each harbour master,
(b) the following officers of a port corporation—
(i) the Chief Executive Officer,
(ii) the General Manager,
(iii) the Company Secretary,
(iv) any Chief Operating Officer,
(c) the following members of the Transport Service responsible for maritime matters—
(i) Executive Director Maritime,
(ii) General Manager, Operations and Compliance,
(iii) Principal Manager, Sydney,
(iv) Principal Manager, North,
(v) Principal Manager, South,
(vi) each Manager Operations,
(vii) each Boating Safety Officer,
(viii) each Senior Boating Safety Officer,
(d) the members of the Transport Service holding the following positions—
(i) Manager, Marine Pollution Response,
(ii) Marine Incident Preparedness and Response Coordinator.
The Minister may, by instrument in writing, make orders for and in relation to—
(a) giving effect to Annex I of MARPOL, other than provisions of that Annex to which effect is given by a provision of the Act or this Regulation, and
(b) giving effect to Annex II of MARPOL, other than provisions of that Annex to which effect is given by a provision of the Act or this Regulation, and
(c) giving effect to Annex V of MARPOL, other than provisions of that Annex to which effect is given by a provision of the Act or this Regulation, and
(d) giving effect to Article 8 of, and Protocol I to, MARPOL, other than provisions of that Article or Protocol to which effect is given by a provision of the Act or this Regulation, and
(e) the fixing of fees to be paid in respect of any matters under any such orders.
The fee specified in the following table is prescribed for the services specified in the table—
Service | Fee |
Preparation and giving of a marine pollution clean-up notice under section 195 of the Act | $466 |
Preparation and giving of a marine pollution prevention notice under section 200 of the Act | $466 |
Deposit of oil record book | $40 |
Deposit of cargo record book | $40 |
Preparation and giving of a marine pollution removal notice under section 202C of the Act | $466 |
Deposit of garbage record book | $40 |
(Repealed)
The following classes of ships are exempt from the provisions of the Act and this Regulation—
(a) ships belonging to an arm of the Defence Force of Australia or to the naval, military or air forces of a country other than Australia,
(b) ships not referred to in paragraph (a) that are owned or operated by Australia or another country that is a party to MARPOL and used, for the time being, only on government non-commercial service.
The following classes of persons are prescribed for the purposes of section 247(3)(f) as approved persons to whom the Minister may delegate the exercise of any functions of the Minister under the Act—
(a) a member of AMSA (within the meaning of section 3 of the Australian Maritime Safety Authority Act 1990 of the Commonwealth),
(b) an officer of AMSA (within the meaning of that Act).
An oil spill response plan approved by the Minister under clause 23 of the Marine Pollution Regulation 2006 is taken to have been approved by the Minister under clause 39 of this Regulation.
A plan of management for waste from vessels under clause 30 of the Marine Pollution Regulation 2006 is taken to be approved under clause 31 of this Regulation.
An oil record book kept under the Marine Pollution Act 1987 that complied with clause 9 of the Marine Pollution Regulation 2006 is taken to comply with this Regulation.
A cargo record book kept under the Marine Pollution Act 1987 that complied with clause 11 of the Marine Pollution Regulation 2006 is taken to comply with this Regulation.
(Repealed)
(Clause 5)
This Schedule sets out the Marine Order as adopted and modified.
This Order is Marine Order 1 (Administration) 2013.
This Order—
(a) facilitates the consistency and shortening of Marine Orders by setting out—
(i) rules of interpretation that generally apply to all Marine Orders, and
(ii) generic provisions that a Marine Order may adopt.
In this Order—
In a Marine Order, unless otherwise provided—
If AMSA approves a form for a particular purpose in an Order, the approved form must be used for that purpose.
Item | Corporation or association | Acronym | Website | ||||||||||||||||
1 | American Bureau of Shipping | ABS | Veritas | BV | Classification Society | CCS | Norske Veritas | DNV | Lloyd | GL | Register of Shipping | KR | Register | LR | Kaiji Kyokai | Class NK | S.p.A | RINA | recognised organisations are members of IACS (the International Association of Classification Societies). AMSA has an agreement with each of these recognised organisations for the provision of survey and certification services for vessels registered in Australia. The websites, and the acronyms that are used by IACS for these bodies, were current on commencement of this Regulation. (Clause 6) This Schedule sets out the Marine Order as adopted and modified. This Order is Marine Order 91 (Marine pollution prevention—oil) 2014. This Order—
For this Order—
For the purposes of section 97 of the Marine Pollution Act 2012, the prescribed form for a shipboard oil pollution emergency plan is the format mentioned in the Guidelines for the Development of Shipboard Oil Pollution Emergency Plans, adopted by IMO as Resolution MEPC.54(32). A shipboard oil pollution emergency plan must be approved by an issuing body. For the purposes of sections 113 and 114(1) of the Marine Pollution Act 2012—
A time that must be stated in an oil record book must, unless expressed in ship’s time and the conversion to Co-ordinated Universal Time (UTC) cannot be readily made, be expressed in Co-ordinated Universal Time (UTC). For the purposes of section 117(1) of the Marine Pollution Act 2012, each of the following is a prescribed occurrence—
(Clause 7(1)) This Schedule sets out the Marine Order as adopted and modified. This Order is Marine Order 93 (Marine pollution prevention—noxious liquid substances) 2014. This Order—
For paragraph 2 and 4 of Regulation 4 of Annex II, For paragraph 5 of Regulation 12 of Annex II, Regulation 12 (Pumping, piping, unloading arrangements and slop tanks), paragraph 3 of Regulation 13 (Ventilation of cargo residues) and Regulation 16 (Measures of control) of Annex II have effect for each vessel to which Part 4 of the Marine Pollution Act 2012 applies. For paragraph 5 of Regulation 12, AMSA has approved the procedure for testing the efficiency of a cargo pumping system mentioned in Appendix V of Annex II. For paragraph 3 of Regulation 13, AMSA has approved the ventilation procedures mentioned in Appendix VII of Annex II. For Regulation 16, AMSA has approved prewash procedures mentioned in Appendix VI. For the purposes of section 102 of the Marine Pollution Act 2012, the matters prescribed are those set out as an example in Appendix II to Guidelines for the Development of Shipboard Marine Pollution Emergency Plans for Oil and/or Noxious Liquid Substances, adopted by IMO as Resolution MEPC.85(44), as in force from time to time. For the purposes of section 125(1) of the Marine Pollution Act 2012, the matters prescribed are those set out in Appendix II to Annex II. If a time is required to be specified in a cargo record book, it must, unless expressed in the ship’s time and the conversion to Co-ordinated Universal Time (UTC) cannot be readily made, be expressed in Co-ordinated Universal Time (UTC). For the purposes of section 128(1) of the Marine Pollution Act 2012, each of the following is a prescribed operation or occurrence—
(Clause 8) This Schedule sets out the Marine Order as adopted and modified. This Order is Marine Order 94 (Marine pollution prevention—packaged harmful substances) 2014. This Order—
In this Order— Criteria for the identification of harmful substances are set out in the Appendix to Annex III. Some terms used in this Order are defined in Marine Order 1 (Administration) 2013, including For information on obtaining copies of IMO documents mentioned in this Order, see AMSA’s website at These documents may also be purchased from the IMO—see the IMO website at depth="3" number="7"> If a vessel has on board harmful substances in packaged form, the owner of the vessel must comply with Regulations 3–6 of Annex III. For paragraphs 1 and 2 of Regulation 5 of Annex III, AMSA is the designated organisation. A copy of the special list, manifest or stowage plan mentioned in paragraph 2 of Regulation 5 of Annex III must be given before departure to AMSA at the AMSA office at or nearest to the port of loading. Regulations 3 and 6 of Annex III set out requirements for the packing and stowage of packaged harmful substances. Regulations 4 and 5 of Annex III mention requirements for the transport of packaged harmful substances including the need to comply with the International Dangerous Goods Code (the The IMDG Code as currently in force is available from the IMO website at The IMO resolution that adopts or amends the IMDG Code is listed on AMSA’s website. For the purposes of section 49 of the Marine Pollution Act 2012, the substance may be washed overboard only if the master—
For the purposes of section 87(1) of the Marine Pollution Act 2012, the report must—
If Australia is the nearest coastal state for reporting an incident, AMSA may be contacted as follows: Rescue Coordination Centre (RCC) Australia: Telephone +61 (0) 26230 6811 Freecall: 1800 641 792 (within Australia) Facsimile: +61 (0) 26230 6868 AFTN: YSARYCYX email: [email protected]. For the purposes of section 87(1) of the Marine Pollution Act 2012, the prescribed form for reporting a reportable incident is set out in Schedule 1. For the purposes of section 87(1) of the Marine Pollution Act 2012, a report must be given within 24 hours after receiving the request for the report. When reporting discharge or potential discharge of a marine pollutant in a packaged form, the following information is to be provided. If any of the following items of the ship reporting format are inappropriate they should be omitted from the report. These items of the standard reporting format are referred to in IMO Resolution A.851(20) as amended by MEPC.138(53). Name Call sign/ship identity Flag Time must be expressed as Co-ordinated Universal Time (UTC) A 4-digit group giving latitude in degrees and minutes suffixed with N (north) or S (south) and a 5-digit group giving longitude in degrees and minutes suffixed with E (east) or W (west) True bearing (first 3 digits) and distance in nautical miles from a clearly identified landmark (state landmark) Full names of stations and frequencies guarded Correct technical name or names of goods UN number or number IMO hazard class or classes Names of manufacturers of goods or consignee or consignor Types of packages, their identification marks, kind of cargo transport unit (eg tank, tank vehicle, vehicle container, freight container) from which they were discharged, official registration marks and identification number of the cargo transport unit Estimate of the quantity and likely condition of the goods Condition of ship if relevant to the discharge Correct technical names or names of goods UN number or numbers if available IMO hazard class or classes Names of manufacturers of goods if known, or consignee or consignor Types of packages, their identification marks, kind of cargo transport unit (eg portable tank, tank vehicle, vehicle container, freight container) from which they were discharged, official registration marks and identification number of the cargo transport unit Estimate of the quantity and likely condition of the goods Whether lost goods floated or sank Whether loss is continuing Cause of loss Give brief details of weather and sea conditions prevailing Name, address, telephone number and fax or telex number of the ship’s owner and representative (charterer, manager or operator of the ship or their agent) Type of ship Length of ship Breadth of ship Tonnage of ship Action being taken with regard to the discharge and the movement of the ship Assistance or salvage efforts which have been requested or have been provided by others Particulars of action planned by assisting or salvaging ship (clause 9) This Schedule sets out the Marine Order as adopted and modified. This Order is Marine Order 96 (Marine pollution prevention—sewage) 2018. This Order—
In this Order— Some terms used in this Order are defined in Marine Order 1 (Administration) 2013, including A copy of IMO documents mentioned in this Order is available on the IMO website at Information on obtaining copies of IMO documents is also on AMSA’s website at depth="3" number="5, 6"> A vessel to which Annex IV applies and section 4.2 of the 2012 Guidelines does not apply must be equipped with—
The vessel must have a standard discharge connection mentioned in Regulation 10 of Annex IV. However, for a passenger vessel, the vessel’s discharge pipeline may be fitted with a discharge connection approved by an issuing body (eg a quick-connection coupling). (clause 10(1)) This Schedule sets out the Marine Order as adopted and modified. This Order is Marine Order 95 (Marine pollution prevention—garbage) 2018. This Order prescribes matters necessary to give effect to Annex V of MARPOL. Annex V of MARPOL contains regulations for the prevention of pollution of the sea by garbage from ships. In this Order— Some terms used in this Order are defined in Marine Order 1 (Administration) 2013, including—
For the purposes of section 138(1) of the Marine Pollution Act 2012, the form that includes the matters set out in Appendix II to Annex V of MARPOL is the prescribed garbage record book. For the purposes of section 141 of the Marine Pollution Act 2012, each operation or occurrence mentioned in section 4 of Appendix II to Annex V of MARPOL is prescribed. For the purposes of section 145(1)(b) of the Marine Pollution Act 2012, a surveyor is the prescribed officer. For the purposes of section 108(1) of the Marine Pollution Act 2012, the garbage management plan must be in a form that includes the matters mentioned in section 4 of the 2012 Guidelines for the Development of Garbage Management Plans set out in the Annex to IMO Resolution MEPC.220(63), as amended from time to time. The matters mentioned in these Guidelines are about designating a person in charge of carrying out the plan, and procedures for minimising, collecting, storing, processing and discharging garbage. (Clause 43(2)) The pipelines from Banksmeadow to Kurnell commencing at a control valve Latitude 33 degrees 57.87 minutes south Longitude 151 degrees 13.08 minutes east located within the Caltex Banksmeadow Terminal thence proceeding within the pipeline corridor situated on the southern and western sides of Botany and Bumborah Point Roads respectively for approximately 1,480 metres to Simbilist Road thence generally southerly for approximately 300 metres to the high water mark of Botany Bay near Bumborah Point thence southerly for approximately 100 metres and generally south westerly for approximately 3,450 metres to a point 470 metres west of the westernmost extremity of the Caltex Jetty at Kurnell thence south easterly for approximately 770 metres to a point midway along the inner end of that jetty thence along that jetty to the high water mark of Kurnell Beach thence generally south easterly for approximately 500 metres to a control valve located within the premises of Caltex Refineries (NSW) Pty Ltd at Kurnell, the submarine portion of which is shown as one line of symbols on a copy of Naval Chart AUS 199 of Botany Bay. The pipelines from No 3 Berth (Submarine Terminal) in Botany Bay to Kurnell commencing at that berth Latitude 33 degrees 59.76 minutes south Longitude 151 degrees 12.51 minutes east thence southerly for approximately 580 metres to a point midway along the outer end of the Caltex Jetty at Kurnell thence south westerly and south easterly along that jetty to the high water mark of Kurnell Beach thence generally south easterly for approximately 500 metres to a control valve located within the premises of Caltex Refineries (NSW) Pty Ltd at Kurnell, the submarine portion of which is shown by one line of symbols on a copy of Naval Chart AUS 199 of Botany Bay. The pipeline commencing at a point on No 6 Jetty, Outer Harbour, Port Kembla, Latitude 34 degrees 28.18 minutes south Longitude 150 degrees 54.20 minutes east thence proceeding south westerly along that jetty to the inshore end of the jetty for approximately 360 metres thence northerly for approximately 100 metres thence westerly for approximately 350 metres to Old Port Kembla Road thence south westerly along the northern side of Flinders Street to the Terminal. No 6 Jetty, Outer Harbour, Port Kembla, is shown on a copy of Naval Chart AUS 195 of Port Kembla and Wollongong with Approaches. The pipelines commencing at the control valves located in the fenced enclosure south of the Saltwater Intake Channel Latitude 34 degrees 28.02 minutes south Longitude 150 degrees 53.91 minutes east thence proceeding northerly for approximately 90 metres to the southern training wall at the entrance to the Inner Harbour thence north westerly across that entrance for approximately 270 metres to the Northern Breakwater where there is a diverter and valves located at Latitude 34 degrees 27.77 minutes south Longitude 150 degrees 54.09 minutes east thence—
The submarine portion of the pipelines is located across the entrance to Inner Harbour, Port Kembla, as shown by one line of symbols on a copy of Naval Chart AUS 195 of Port Kembla and Wollongong with Approaches. The pipeline commencing at a point on No 4 Jetty, Outer Harbour, Port Kembla, Latitude 34 degrees 28.45 minutes south Longitude 150 degrees 54.67 minutes east thence proceeding generally south easterly for 25 metres thence generally southerly for approximately 220 metres to the inshore end of that jetty thence generally southerly for approximately 180 metres to the Terminal. No 4 Jetty, Outer Harbour, Port Kembla, is shown on a copy of Naval Chart AUS 195 of Port Kembla and Wollongong with Approaches. The pipeline commencing at a point on the western end of No 2 Discharge Jetty, Inner Harbour, Port Kembla, Latitude 34 degrees 27.5 minutes south Longitude 150 degrees 53.35 minutes east thence proceeding south easterly in the services tunnel to the eastern end of No 1 Products Jetty for 784 metres thence continuing south easterly for 40 metres thence proceeding southerly for 420 metres above and below ground beside BlueScope Steel Stockpile Road thence entering premises of Port Kembla Marine Fuels (Manildra Energy Australia) and proceeding south westerly for 370 metres thence south easterly to a control valve within those premises. The pipeline commencing at a point on the northern end of BlueScope Steel’s Ro Ro Berth dolphin, Inner Harbour, Port Kembla, Latitude 34 degrees 27.35 minutes south Longitude 150 degrees 53.15 minutes east thence proceeding south south easterly for 12 metres to the southern side of the bridge then south westerly for 46 metres to the shoreline end. The pipeline from the Dyke Berth No 1 to the BP tank farm commencing at a manifold control valve Latitude 32 degrees 54 minutes 55.24 seconds south Longitude 151 degrees 46 minutes 20.09 seconds east, thence via pipe bridge 34 metres to shore, thence proceeding underground along Dyke Road for approximately 1,070 metres to Elizabeth Street thence generally westerly for approximately 710 metres until it enters the BP tank farm facility, thence a further 360 metres to the terminal shipping manifold valve at Latitude 32 degrees 54 minutes 19.94 seconds south Longitude 151 degrees 45 minutes 38.34 seconds east. The pipeline from the Mayfield No 4 Berth to the Stolthaven tank farm commencing at a control valve Latitude 32 degrees 53 minutes 35.94 seconds south Longitude 151 degrees 45 minutes 58.35 seconds east thence proceeding under the wharf for approximately 100 metres to emerge above the ground thence generally north westerly for approximately 1,000 metres until it enters the Stolthaven tank farm facility. (Clauses 45(2), 46(2), 47(2), 48(4) and 50(3)) The following details about the ship—
The date and time of the event expressed as Co-ordinated Universal Time. The following details about the position of the ship—
Details of the means of radio communication for the ship. In the case of a probable discharge, the following details—
In the case of an actual discharge, the following details—
Details of weather conditions (that is, brief details of weather and sea conditions prevailing). Details of the following—
The time of the next report (expressed as Co-ordinated Universal Time). Details of the following—
The following details of the ship’s owner and representative or of the owner or agent of the ship/place on land/purpose-built pipeline/apparatus—
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Citations
Marine Pollution Regulation 2014 (NSW)
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