Maritime Services Act 1935 Regulation relating to the control of toilet and galley waste from vessels (1993-291) [GG No 76 of 2.7.1993] (NSW)

1993—No. 291

MARITIME SERVICES ACT 1935—REGULATION

(Relating to the control of toilet and galley waste from vessels)

NEW SOUTH WALES

[Published in Gazette No. 76 of 2 July 1993]

HIS Excellency the Governor, with the advice of the Executive Council,

and in pursuance of the Maritime Services Act 1935, has been pleased to approve the Regulation made by the Maritime Services Board of New South Wales and set forth hereunder.

IAN ARMSTRONG

Deputy Premier, Minister for Public Works,

and Minister for Ports.

The Maritime Services Board of New South Wales, in pursuance of the

Maritime Services Act 1935, makes the following Regulation:

Commencement

1. This Regulation commences on 1 July 1993.

Amendments

2. The Management of Waters and Waterside Lands Regulations—

N.S.W. are amended:

(a) by inserting after Regulation 4 the following Regulation:

Notes

4A. Notes included in these Regulations are explanatory notes and do not form part of these Regulations.

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(b) by omitting Division 6 of Part 2 and by inserting instead the following Division:

Division 6—Control of Toilet and Galley Waste from Vessels

NOTE: This Division imposes requirements on the owners and masters of certain vessels used in the Sydney Harbour locality and on inland waters (including the Murray River) relating to the discharge of toilet and galley waste from those vessels.

The Division applies to the vessels set out below (however not all of the provisions apply to each category of vessel):

any vessel in the Sydney Harbour locality with a toilet

• any commercial vessel (including a passenger vessel) in the Sydney Harbour locality with a galley

• any vessel on the Murray River with a toilet or which is over 6 metres in length

any commercial vessel (including a passenger vessel) on any inland
waters other than the Murray River.

The Division does not apply to a vessel referred to in Regulation 50A.
(Obligations are also imposed by the Division on certain marina operators in
the Sydney Harbour locality—see Regulation 63H.)

A summary of the provisions of the Division is set out below.

TABLE—SUMMARY OF PROVISIONS OF DIVISION 6

Vessels etc. and waters to which

Regulation	Regulation applies	Requirements
63C	Murray River:	Toilets

• vessel 6 metres or more in	The vessel must have a
length	toilet.

Inland waters other than the Murray
River:

• commercial vessel (including a passenger vessel) 6 metres or more in length

Sydney Harbour locality:

• passenger vessel

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63D Murray River: Toilet waste holding tanks

• vessel 6 metres or more in	The toilet on the vessel
length	must be connected to a holding tank that is
• any other vessel with a toilet	constructed in the specified
unless the hull construction	manner.
commenced before 1 July 1993

Inland waters other than the Murray	The toilet, holding tank and
River:	fittings must be in good and

commercial vessel (including a	serviceable condition.
passenger vessel) 6 metres or more in length

Sydney Harbour locality:

• passenger vessel

• commercial vessel (not being a passenger vessel) with a toilet or required by a regulation made under the Commercial Vessels Act 1979 to have a toilet

• any other vessel with a toilet unless the hull construction commenced before 1 July 1992

63E Murray River: Murray River—additional

• vessel 6 metres or more in	requirements for toilet waste
length	holding tanks

The holding tank on the vessel must comply with

additional requirements

relating to tank capacity

and specifications.

63F Murray River: Galley waste containers

• commercial vessel (including a	Any sink, basin, washbowl
or similar permanent

passenger vessel)—if the hull

construction commenced, or if	container on the vessel
a holding tank or galley waste	must be connected to a
container was installed, on or	galley waste container that
after 1 July 1993	is constructed in the specified manner.

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Sydney Harbour locality:  The galley waste container

passenger vessel—if the hull	and fittings must be in good
construction commenced, or if	and serviceable condition.
a holding tank or galley waste container was installed, on or after 1 July 1992

63G Murray River: Discharge of sewage and

vessel with a toilet, holding	galley waste
tank or galley waste container	The contents of any toilet, holding tank or galley

Inland waters other than the Murray	waste container on the
River:	vessel must be discharged

commercial vessel (including a	or deposited only into a
passenger vessel) with a toilet,	waste collection facility or
holding tank or galley waste	in accordance with a
container	licence referred to in section 16 of the Clean

Sydney Harbour locality:  Waters Act 1970.

vessel with a toilet, holding

tank or galley waste container

63H Sydney Harbour locality: Marinas

The operator of the marina ensure there is an adequate and readily

• marina with 9 or more berths must:

accessible waste

collection facility at the marina for use by all vessels moored at the marina; or

comply with any

agreement between

the Maritime Services

Board and the

operator relating to

the	discharge	or
deposit	of	the

contents of a toilet, holding tank or galley waste container on a vessel moored at the marina.

1993—No. 291

Definitions

63A. In this Division:
“approved” means approved by the Board;

“commercial vessel” means a vessel that is used to carry

persons and that is:

(a)	used for the carriage of goods for money or any other valuable consideration; or
(b)	used in any way in, or in connection with, a business or trade or commerce; or
(c)	hired out or made available in the course of a business or in trade or commerce;

“galley waste container” on a vessel means any permanent container or receptacle on the vessel that:

(a) is designed and constructed to receive discharge from any galley on the vessel and to retain the discharge for disposal; and

(b) is separate from any holding tank;

“holding tank” on a vessel means any permanent container or receptacle on the vessel that is designed and constructed to receive waste from a toilet on the vessel and to retain the waste for disposal;

“inland waters” means navigable waters not subject to tidal influence;
“length” means length overall;
“marina” means premises consisting of pontoons, jetties,

piers or other structures (whether water-based or land-based) that are designed to provide moorings, dockage or other facilities and services for vessels;

“Murray River” includes:

(a)	the navigable 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 navigable 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;

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“on-board treatment works” means a waste treatment

system installed on a vessel that is capable of treating waste

to a standard approved for discharge;

“operator” of a marina means the owner, lessee or occupier

of, or other person responsible for, a marina;

“passenger vessel” means a vessel that is the subject of a

Class 1 permit under the Commercial Vessels Act 1979;

“toilet” includes a urinal;

“waste collection facility” means a facility that is designed

and constructed to receive the contents of holding tanks,

galley waste containers and toilets.

Application
63B. (1) This Division does not apply to a vessel referred to in Regulation 50A.

(2) The requirements of this Division are additional to the requirements of the Clean Waters Act 1970.
Requirements for toilets—certain vessels on inland waters and in the Sydney Harbour locality

63C. (1) Certain vessels required to have toilet. A vessel must have a toilet if:

(a)	it is 6 metres or more in length and is used on the Murray River; or
(b)	it is 6 metres or more in length and is a commercial vessel (including a passenger vessel) that is used on inland waters other than the Murray River; or
(c)	it is a passenger vessel used in the Sydney Harbour locality.

(2) Offence. Both the owner and the master of a vessel are

guilty of an offence against these Regulations if the requirements
of this Regulation are not complied with.

Maximum penalty: 15 penalty units.

Requirements for toilet waste holding tanks—generally
63D. (1) Vessels covered. This Regulation applies to the following vessels:

(a) a vessel required by Regulation 63C to have a toilet;

(b) any other vessel used on the Murray River with a toilet unless the hull construction of the vessel commenced before 1 July 1993;

1993—No. 291

(c)	a commercial vessel (not being a passenger vessel) used in the Sydney Harbour locality with a toilet or required by a regulation made under the Commercial Vessels Act 1979 to have a toilet;
(d)	any other vessel used in the Sydney Harbour locality with a toilet unless the hull construction of the vessel commenced before 1 July 1992.

(2) Vessels covered required to have holding tank. A toilet on a vessel must be connected to a holding tank on the vessel.

(3) Construction requirements for holding tank. The holding tank, the fittings leading from the toilet to the holding tank and the fittings used for the discharge of the contents of the holding tank must be:

(a)	fabricated from stainless steel, polyester fibreglass,
polyvinyl chloride or some other approved

corrosion-resistant material ; or

(b) protected internally by polyester fibreglass, rubber or some other approved continuous liner and protected externally by an approved coating.

(4) Maintenance of holding tank etc. The toilet, holding tank and fittings must be in good and serviceable condition.

(5) Offence. Both the owner and the master of a vessel are guilty of an offence against these Regulations if the requirements of this Regulation are not complied with.

Maximum penalty: 15 penalty units.

Additional requirements for toilet waste holding tanks— certain vessels on the Murray River
63E. (1) Vessels covered. This Regulation applies to any vessel
that is 6 metres or more in length and is used on the Murray River.
(2) Classification of vessels covered. A vessel is to be

classified, for the purposes of this Regulation, in accordance with

Part A of the Table to this Regulation.

(3) Additional requirements for holding tank on vessels covered. In addition to the requirements of Regulation 63D, a

vessel must have a holding tank:

(a)	that has a capacity that, in respect of the vessel’s classification under this Regulation, complies with the capacity specified in Part B of the Table to this Regulation for a vessel of that classification; and
(b)	that complies with the specifications for holding tanks specified in Part C of the Table to this Regulation.

1993—No. 291

(4) Offence. Both the owner and the master of a vessel are guilty of an offence against these Regulations if the requirements of this Regulation are not complied with.

Maximum penalty: 15 penalty units.

TABLE

HOLDING TANKS—CAPACITY AND SPECIFICATION REQUIREMENTS FOR VESSELS 6 METRES OR MORE

IN LENGTH ON THE MURRAY RIVER

PART A—CLASSIFICATION OF VESSELS FOR

DETERMINING HOLDING TANK CAPACITY

PART B—REQUIRED CAPACITY OF HOLDING TANKS

1993—No. 291

A – where passenger capacity is 30 or	Passenger	Passenger
more persons	capacity x 7	capacity x 3.5

B –	where passenger capacity is less than	140	70
30 persons

B – where passenger capacity is 30 or	Passenger	Passenger
more persons	capacity x 7	capacity x 3.5

C –	where passenger capacity is less than	70	35
30 persons

C – where passenger capacity is 30 or	Passenger	Passenger
more persons	capacity x 7	capacity x 3.5

D –	where passenger capacity is less than	30	15
30 persons

D – where passenger capacity is 30 or	Passenger	Passenger
more persons	capacity x 7	capacity x 3.5

*For the purposes of this Table, passenger capacity is the maximum number of persons that the vessel may carry in accordance with the Water Traffic Regulations—N.S.W.

PART C—SPECIFICATIONS FOR HOLDING TANKS

1. Holding tank construction

The holding tank must be constructed in such a manner as to have a smooth uninterrupted interior surface free from any projections. The lower part of the tank must be sloped to be self-cleansing.

2. Tank inlet

The toilet pan must be located as close as practicable to the top of the tank and an inlet connection to the tank must terminate not less than 75 mm inside the tank.

3. Tank outlet and be fitted so that not more than 40 mm depth of waste remains in the tank after discharge of the tank contents. The upper end of the outlet pipe must be rigidly attached to the vessel and must be exposed on, or accessible from, the deck of the vessel. The upper end of the outlet pipe must be fitted with the female side of an approved quick coupling device of 38 mm nominal bore. A removable gas-tight cover that is capable of protecting the seal must be positioned over this coupling.

1993—No. 291

4.
Venting must extend to a point outside the vessel, being a point not less than 300 mm above the level of the toilet seat pan.

5. Flushing water inlet

If the outlet pipe from the tank is not alternatively used as a flushing water inlet to the tank, a pipe of 38 mm nominal bore must be fitted to the top of the tank and be used for that purpose. The upper end of the flushing pipe must be fitted with the female side of an approved quick coupling device of 38 mm nominal bore and this coupling end must be rigidly attached to the vessel and be exposed on, or accessible from, the deck of the vessel. A removable gas-tight cover that is capable of protecting the seal must be positioned over this coupling.

6. Inspection opening
Except where a toilet with a mechanical seal is mounted directly on top of the tank, an accessible inspection opening of 100 mm diameter must be located in the top of the tank and must be fitted with a removable gas-tight cover.
7. Overflow
No overflow device is to be fitted to the tank.
8. Gas tightness

When all removable gas-tight covers are secured in position, the tank and its fittings (except for the vent pipe) must be thoroughly gas-tight under normal operating conditions.

Requirements for galley waste containers

63F. (1) Vessels covered. This Regulation applies to the following vessels:

(a)	a commercial vessel (including a passenger vessel) used on the Murray River, the hull construction of which commenced, or in which a holding tank or galley waste container was installed, on or after 1 July 1993;
(b)	a passenger vessel used in the Sydney Harbour locality, the hull construction of which commenced, or in which a holding tank or a galley waste container was installed, on or after 1 July 1992.

(2) Vessels covered required to have galley waste container. Any sink, basin, washbowl or similar permanent container into which galley waste is discharged on a vessel must be connected to a galley waste container on the vessel.

(3) Construction requirements for galley waste container

The galley waste container, the fittings leading from the galley to

1993—No. 291

the container and the fittings used for the discharge of the contents

galley waste container must be:
fabricated from stainless steel, polyester fibreglass,
polyvinyl chloride or some other approved
corrosion-resistant material ; or

protected internally by polyester fibreglass, rubber or some

other approved continuous liner and protected externally

by an approved coating.

(4) Maintenance of galley waste container. The galley waste container on the vessel and the fittings must be in good and serviceable condition.

(5) Offence. Both the owner and the master of a vessel are guilty of an offence against these Regulations if the requirements of this Regulation are not complied with.

Maximum penalty: 15 penalty units.

Requirement for the proper discharge of sewage and galley waste
63G. (1) Vessels covered. This Regulation applies to the following vessels:

(a)	a vessel with a toilet, holding tank or galley waste container used on the Murray River;
(b)	a commercial vessel (including a passenger vessel) with a toilet, holding tank or galley waste container used on inland waters other than the Murray River;
(c)	a vessel with a toilet, holding tank or galley waste container used in the Sydney Harbour locality.

(2) Requirements for proper discharge. A person must not discharge or deposit or allow or permit to be discharged or deposited into or onto any waters or the bank or bed of any waters, the contents of a toilet, holding tank or galley waste container on a vessel unless the contents of the toilet, holding tank or galley waste container are discharged or deposited:

(a) into a waste collection facility; or

(b) in accordance with a licence referred to in section 16 of the Clean Waters Act 1970.

(3) Offence. Both the owner and the master of a vessel are guilty of an offence against these Regulations if the requirements of this Regulation are not complied with.

Maximum penalty: 15 penalty units.

1993—No. 291

Requirements for marina operators

63H. (1) An operator of a marina that has 9 or more berths in the Sydney Harbour locality must:

(a)	ensure that there is an adequate and readily accessible waste collection facility at the marina for use by all vessels moored at the marina; or
(b)	comply with the terms of any oral or written agreement between the Board and the operator that relates to the discharge or deposit of the contents of a toilet, holding tank or galley waste container on a vessel moored at the marina.

(2) An agreement referred to in clause (1) (b) must not permit the discharge or deposit into or onto any waters or the bank or bed of any waters of the contents of a toilet, holding tank or galley waste container on a vessel.

(3) A marina operator who does not comply with the requirements of this Regulation is guilty of an offence.

Maximum penalty: 15 penalty units.

Exemptions from compliance

63I. (1) If the Board is of the opinion that it is impracticable or unnecessary for a vessel, or class of vessels to which a vessel belongs, to comply with any one or more of the following. provisions :

(a) Regulation 63C (1);
(b) Regulation 63D (2), (3), (4);
(c) Regulation 63E (3);
(d) Regulation 63F (2), (3), (4),

the Board may exempt the vessel or class of vessels from compliance with any one or more of those provisions (subject to such conditions as may be specified in the exemption).

(2) The Board may, instead of exempting the vessel or class of vessels from compliance with those provisions, allow the vessel or class of vessels to be fitted with a toilet, holding tank, galley waste container or on-board treatment works, as the case may be, approved by the Board.

(3) The Board may grant an exemption under this Regulation
on application by the owner of a vessel or on its own initiative.

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Applications for exemptions

63J. (1) An application for an exemption by the owner of a vessel under Regulation 63I must be made in writing to the Board and be accompanied by an inspection fee of $83.

(2) A further inspection fee (calculated at the rate of $83 per hour or part of an hour for any hour or part of an hour after the first hour of inspection) is payable on completion of the inspection of the vessel carried out in connection with the application.

(c) by omitting the Sixth and Seventh Schedules.

DATED this thirty-first day of May, 1993.

The COMMON SEAL of the MARITIME

SERVICES BOARD OF NEW SOUTH

WALES was hereto duly affixed in the	W. L. GILBERT
presence of the Chief Executive:

EXPLANATORY NOTE

The object of this Regulation is to replace Division 6 of Part 2 of the

Management of Waters and Waterside Lands Regulations—N.S.W. so as:

(a)	to extend the existing pump-ashore zones along the full length of the Murray River by omitting the definition of “pump-ashore zone” and by inserting a definition of the “Murray River” for the purposes of Division 6; and
(b)	to impose (from 1 July 1993) controls relating to the discharge of galley waste from certain vessels on the Murray River and other inland waters; and
(c)	to extend the category of vessels on the Murray River that are required to have toilets connected to specified holding tanks to include a vessel that is less than 6 metres in length if the hull construction of the vessel commenced on or after 1 July 1993; and
(d)	to amend provisions imposing additional requirements for toilet waste holding tanks (relating to tank capacity and specifications) for vessels using the Murray River so that the provisions apply only to vessels 6 metres or more in length; and
(e)	to enable the Maritime Services Board, on application or on its own initiative, to grant exemptions in specified circumstances to a class of vessels from compliance with the requirements of the Division relating to the installation of toilets, holding tanks or galley waste containers (currently an exemption may be granted by the Board only in respect of a

1993—No. 291

(f) to recast the remaining provisions of Division 6 of the Management of Waters and Waterside Lands Regulations—N.S.W. to omit dates that have expired and make changes that are consequential on the extension of the pump-ashore zones along the full length of the Murray River.

The controls relating to galley waste referred to in paragraph (b) are as follows:
• commercial vessels (including passenger vessels) on the Murray River the
hull construction of which commenced, or in which a holding tank or
galley waste container was installed, on or after 1 July 1993, must have an

appropriate permanent container for the collection of galley waste that is:

• separate from any sewage holding tank
• connected in a specified manner
• properly maintained

• it will be an offence to discharge the contents of a galley waste container on a vessel on the Murray River or a commercial vessel (including a passenger vessel) on other inland waters unless the contents of the

container are discharged into a waste collection facility or in accordance

with a licence referred to in section 16 of the Clean Waters Act 1970.

The Regulation is made under the Maritime Services Act 1935, including section

38 (the general regulation making power) and particularly section 38 (2) (c).