Maritime Services Act 1935 Management of Waters and Waterside Lands Amendment (Shipboard Oil Spill Response Plans) Regulation 1997 (1997-287) [GG No 71 of 30.6.1997, p 5206] (NSW)
1997 No 287
New South Wales
Management of Waters and
Waterside Lands Amendment
(Shipboard Oil Spill Response Plans)Regulation 1997
under the
Maritime Services Act 1935
His Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Maritime Services Act 1935.
c Scully
Minister for Ports
Explanatory note
The object of this Regulation is to require certain vessels, when on a voyage to or from (or calling at) specified environmentally-sensitive places (currently, only Lord Howe Island), to have on board a shipboard oil spill response plan, appropriate equipment, materials and substances to deal with oil spills, and crews trained in containing them.
The vessels concerned (referred to in this Regulation as small trading vessels) consist of the following:
(a) oil tankers with a gross tonnage of less than 150, (b) other trading vessels with a gross tonnage of less than 400 that are either oil-fuelled or carrying oil for delivery. (Larger ships are required by the International Convention for the Prevention of Pollution from Ships, 1973 to carry a shipboard oil pollution emergency plan that accords with guidelines developed by the International Maritime Organization.)
Published in Gazette No 71 of 30 June 1997, page 5206 Page 1
1997 No 287
Management of Waters and Waterside Lands Amendment (Shipboard Oil Spill Response (Plans) Regulation 1997
Explanatory note
The requirement is imposed on small trading vessels by means of an amendment to the Management of Waters and Waterside Lands Regulation — N.S.W. An on-the-spot fine of $750 for failure to comply with the requirement is also imposed.
This Regulation is made under the Maritime Services Act 1935, and, in particular, under sections 30D (Penalty notices for certain offences) and 38 (2) (f) (section 38 being the general regulation-making power).
1997 No 287
Management of Waters and Waterside Lands Amendment (Shipboard Oil Spill Response Plans) Regulations 1997 Clause 1
Management of Waters and Waterside Lands
Amendment (Shipboard Oil Spill ResponsePlans) Regulation 1997
1 Name of Regulation
This Regulation is the Management of Wafers and Waterside Lands Amendment (Shipboard Oil Spill. Response Plans) Regulation 1997.
2 Commencement
This Regulation commences on 30 June 1997.
3 Amendment of Management of Waters and Waterside bands Regulations—NSW.
The Management of Waters and Waterside Lands Regulations—
N.S.W. are amended as set out in Schedule 1.
4 Notes
The explanatory note does not form part of this Regulation.
1997 No 287
Management of Waters and Waterside Amendment (Shipboard Oi l Spil l Response Plan) Regulations 1997
| Schedule 1 | Amendment of Waters and Waterside Lands Regulations—N.S.W. |
| Schedule 1 | Amendment of Waters and Waterside Lands Regulations—N.S.W. |
(Clause 3)
[ 1 ] Part 2, Division 7
Insert after section 635:
Division 7 Oil spill response plans—small trading
vessels63K Application of Division
(1) This Division applies to:
(a) oil tankers with a gross tonnage of less than 150, and (b) other trading vessels with a gross tonnage of less than 400 that are either: (i) carrying oil for delivery, or
(ii) fuelled (wholly or substantially) by oil.
(2) A vessel to which this Division applies is referred to in
this Division as a small trading vessel.
63L Small trading vessels to be equipped to deal with oil
spills
(1) A small trading vessel must, while on any voyage
specified in the Ninth Schedule, carry on board:
(a)
an oil spill response plan approved (either generally or in a particular case) by the Minister, and
(b) any equipment, materials or substances required by that plan, and
(c)
a master and crew trained in accordance with that plan.
1997 No 287
Management of Waters and Waterside Lands Amendment (Shipboard Oil Spill Response Plans) Regulation 1997
Amendment of Waters and Waterside bands Regulations—N.S.W. Schedule 1
(2)
Both the owner and the master of a small trading vessel are guilty of an offence against these Regulations if the vessel does not comply with subclause (1).
63M Requirements of oil spill response plan
An oil spill response plan required by clause 63L (1) may be approved by the Minister only if the plan provides for the following matters:
the equipment, materials and substances to be carried on board a small trading vessel to assist in dealing with, and minimising the damage from, any oil spilled from the vessel,
the way in which that equipment and those materials and substances are to be stowed and maintained,
the action to be taken by the master and crew ofthe vessel if an oil spill occurs,
and crew. the relevant training to be completed by the master
[2] The Fifth Schedule Prescribed offences and penalties for the purposes of section 30D (Offences under this Regulation)
Insert after the matter relating to regulation 59:
63L (2) 750 [3] The Ninth Schedule
Insert after the Eighth Schedule:
The Ninth Schedule Voyages requiring oil spill
response plans
(Regulation 63L (1))
Voyages to or from Lord Howe Island
Voyages on which Lord Howe Island is a scheduled port
of call
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