Pollution of the Sea By Oil Act 1960 (Cth)
POLLUTION OF THE SEA BY OIL ACT 1960 [Note: This Act is "repealed" by Act No. 32 of 1981]
(#DATE 19:12:1973)
(#DATE 19:12:1973)
Compilation Information - Reprinted as at 19 December 1973
POLLUTION OF THE SEA BY OIL ACT 1960-1973 - TABLE OF PROVISIONS TABLE
POLLUTION OF THE SEA BY OIL ACT 1960-1973
TABLE OF PROVISIONS
Section
1. Short title
2. Commencement
3. Definitions
4. Saving of other laws
5. Crown to be bound
6. Discharge of oil, &c., into sea
6A. Proceedings for offences against section 6
7. Powers of inspection, &c.
8. (Repealed)
9. Jurisdiction of courts
10. Crown not liable to prosecution
11. No time limit for prosecutions
12. Evidence
13. Regulations
THE SCHEDULES
FIRST SCHEDULE
The International Convention for the Prevention of Pollution of the Sea by Oil,
1954
SECOND SCHEDULE
The International Conference on Pollution of the Sea by Oil, 1954
THIRD SCHEDULE
Amendments to the International Convention for the Prevention of Pollution of
the Sea by Oil, 1954
POLLUTION OF THE SEA BY OIL ACT 1960-1973 - PREAMBLE SECT
POLLUTION OF THE SEA BY OIL ACT 1960-1973
An Act relating to the Prevention of the Pollution of the Sea by Oil.
Preamble. WHEREAS a Convention entitled ''The International Convention for the Prevention of Pollution of the Sea by Oil, 1954'' (being the Convention a copy of the English text of which is set out in the First Schedule to this Act) was prepared and opened for signature and acceptance at an International Conference held in London during the year One thousand nine hundred and fifty-four:
AND WHEREAS that Conference adopted certain Resolutions (including the Resolution set out in the Second Schedule to this Act) and submitted them to the Governments concerned for consideration and appropriate action:
AND WHEREAS the Convention has come into force in accordance with Article XV:
AND WHEREAS it is desirable that the Convention should be accepted by Australia and that Australia should give effect to the Convention and to the Resolution set out in the Second Schedule to this Act:
BE it therefore enacted by the Queen's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:-
POLLUTION OF THE SEA BY OIL ACT 1960-1973 - SECT. 1.
Short title.SECT
Short title amended; No. 32, 1918, s. 2.
1. This Act may be cited as the Pollution of the Sea by Oil Act 1960-1973.*
POLLUTION OF THE SEA BY OIL ACT 1960-1973 - SECT. 2.
Commencement.SECT
2. This Act shall come into operation on a date to be fixed by Proclamation, not being earlier than the date on which the Convention is accepted by Australia.*
POLLUTION OF THE SEA BY OIL ACT 1960-1973 - SECT. 3.
Definitions.SECT
Substituted by No. 4, 1965, s. 3.
3. (1) In this Act, unless the contrary intention appears-
''Australian ship'' means-
(a) a ship registered in Australia; or
(b) an unregistered ship having Australian nationality;
''discharge'' means any discharge or escape, howsoever caused;
''oil'', ''oily mixture'', ''ship'' and ''tanker'' have the same respective meanings as in the Convention;
''the Convention'' means the 1954 Convention, as amended by the 1962 Amendments;
''the sea'' does not include the territorial waters of Australia;
''the 1954 Convention'' means the Convention a copy of the English text of which is set out in the First Schedule to this Act;
''the 1962 Amendments'' means the amendments to the 1954 Convention that were adopted on the eleventh day of April, One thousand nine hundred and sixty-two, by a Conference of Contracting Governments to the 1954 Convention convened under sub-paragraph (a) of paragraph 3 of Article XVI of the 1954 Convention, being the amendments a copy of the English text of which is set out in the Third Schedule to this Act.
(2) In this Act, except as otherwise provided by the regulations, ''prohibited part of the sea'' means a part of the sea included in a prohibited zone under Annex A to the Convention.
POLLUTION OF THE SEA BY OIL ACT 1960-1973 - SECT. 4.
Saving of other laws.SECT
Amended by No. 216, 1973, s. 3.
4. This Act and the regulations shall be read and construed as being in addition to and not in derogation of or in substitution for any other law of the Commonwealth or of a State or Territory.
POLLUTION OF THE SEA BY OIL ACT 1960-1973 - SECT. 5.
Crown to be bound.SECT
5. This Act binds the Crown in right of the Commonwealth or a State.
POLLUTION OF THE SEA BY OIL ACT 1960-1973 - SECT. 6.
Discharge of oil, &c., into certain sea areas prohibited.SECT
Substituted by No. 4, 1965, s. 4.
6.* (1) Subject to this Act-
(a) if any discharge of oil or of an oily mixture occurs from an Australian ship, not being a ship referred to in the next succeeding paragraph, into a prohibited part of the sea; or
(b) if any discharge of oil or of an oily mixture occurs from an Australian ship, being a ship of twenty thousand tons gross tonnage or more and being a ship the contract for building which was entered into on or after the date of commencement of the Pollution of the Sea by Oil Act 1965, into any part of the sea,
the owner and the master of the ship are each guilty of an offence against this section.
(2) The last preceding sub-section does not apply in relation to-
(a) the discharge of oil or of an oily mixture from a ship referred to in paragraph (a) of the last preceding sub-section, not being a tanker, unless the discharge occurs on or after the date fixed by the Minister, by notice published in the Gazette,* as the date on and after which that sub-section shall apply in relation to such a ship; or
(b) the discharge of oil or of an oily mixture from a ship referred to in paragraph (b) of the last preceding sub-section, if-
(i) in the opinion of the master of the ship, special circumstances make it neither reasonable nor practicable to retain the oil or the oily mixture on board the ship;
(ii) the oil or oily mixture is discharged into a part of the sea other than a prohibited part of the sea; and
(iii) at the first practicable opportunity, the master notifies a prescribed officer of those special circumstances and of the discharge.
(3) Subject to this Act, if, before the date fixed under paragraph (a) of the last preceding sub-section, a discharge of oil or of an oily mixture occurs from a ship referred to in that paragraph into a part of the sea otherwise than as far from land as is practicable, the owner and the master of the ship are each guilty of an offence against this section.
(4) It is a defence if a person charged with an offence against this section proves-
(a) in the case of a ship referred to in paragraph (a) of sub-section (1) of this section, not being a tanker-that the discharge of the oil or of the oily mixture from the ship occurred when the ship was proceeding to a port not provided with such reception facilities for ships, other than tankers, as are referred to in Article VIII of the Convention;
(b) that the discharge of the oil or of the oily mixture from the ship was for the purpose of securing the safety of a ship, preventing damage to a ship or cargo or saving life at sea;
(c) that the oil or the oily mixture escaped from the ship in consequence of damage to the ship or unavoidable leakage and that all reasonable precautions were taken after the occurrence of the damage or the discovery of the leakage for the purpose of preventing or minimizing the escape of the oil or of the oily mixture;
(d) that-
(i) the oil or oily mixture was residue arising from the purification or clarification of fuel oil or lubricating oil; and
(ii) the discharge was made as far from land as was practicable; or
(e) in the case of a discharge from a ship of an oily mixture-that the discharge was from the bilges of the ship and the mixture contained no oil, other than lubricating oil that had drained or leaked from the machinery spaces of the ship.
(5) The penalty for an offence against this section is a fine not exceeding One thousand pounds.
POLLUTION OF THE SEA BY OIL ACT 1960-1973 - SECT. 6A.
Proceedings for offences against section 6.SECT
Inserted by No. 131, 1972, s. 5.
6A.* (1) Subject to the next succeeding sub-section, an offence against the last preceding section shall be prosecuted on indictment.
(2) Proceedings for an offence against the last preceding section may, with the consent of the defendant and of the prosecutor, be heard and determined by a court of summary jurisdiction, but such a court shall not impose a fine exceeding Two thousand dollars.
POLLUTION OF THE SEA BY OIL ACT 1960-1973 - SECT. 7.
Powers of inspection, &c.SECT
Substituted by No. 4, 1965, s. 4.
7. (1) For the purpose of ascertaining-
(a) whether a provision of this Act or of the regulations that is applicable in respect of a ship has been complied with in respect of the ship;
(b) whether a provision of the 1954 Convention, or of the 1954 Convention as amended at any time, that is applicable in respect of a ship, other than an Australian ship, has been complied with in respect of the ship; or
(c) whether a provision of a law of a country, other than Australia, giving effect to a provision of the 1954 Convention, or of the 1954 Convention as amended at any time, being a provision of that law that is applicable in respect of a ship, has been complied with in respect of the ship,
a person holding office as a surveyor under section one hundred and ninety of the Navigation Act 1912-1965 or a person authorized by the Minister to act under this section may-
(d) go on board the ship;
(e) inspect the machinery and equipment of the ship and any oil record book carried in the ship; and
(f) require a person to answer questions.
(2) The regulations may provide that the last preceding sub-section does not apply in relation to a ship registered in, or an unregistered ship having the nationality of, a country, other than Australia, that is specified in the regulations.
Amended by No. 131, 1972, s. 6.(3)* A person shall not-
(a) assault, resist, hinder or obstruct a person in the exercise of his powers under this section;
(b) without lawful excuse refuse to answer a question that he is required to answer under this section; or
(c) in answer to such a question, make a statement that is false or misleading in any particular.
Penalty: Two thousand dollars.
Section 8 repealed by No. 4, 1965, s. 4.
* * * * * * * *
POLLUTION OF THE SEA BY OIL ACT 1960-1973 - SECT. 9.
Jurisdiction of courts.SECT
Sub-section (1) amended by No. 216, 1973, s. 3.
9. (1) Subject to the succeeding provisions of this section-
(a) the several courts of the States are invested with federal jurisdiction; and
(b) jurisdiction is conferred on the several courts of the internal Territories,
with respect to offences against this Act or the regulations.
(2) The jurisdiction invested in or conferred on courts by the last preceding sub-section is invested or conferred within the limits (other than limits having effect by reference to the places at which offences are committed) of their several jurisdictions, whether those limits are as to subject-matter or otherwise, but subject to the conditions and restrictions specified in paragraphs (a), (b) and (c) of sub-section (2) of section thirty-nine of the Judiciary Act 1903-1959.
(3) The jurisdiction invested in, or conferred on, a court of summary jurisdiction by this section shall not be judicially exercised except by a Chief, Police, Stipendiary, Resident or Special Magistrate.
Inserted by No. 131, 1972, s. 7; amended by No. 216, 1973, s. 3.(3A)* The trial on indictment of an offence against section six of this Act may be held-
(a) in any State; or
(b) in any internal Territory, in which a court having jurisdiction to try the offence may sit.
Amended by No. 131, 1972, s. 7.(4) Subject to this Act, the laws of a State or Territory with respect to the arrest and custody of offenders or persons charged with offences and the procedure for-
(a) their summary conviction;
(b) their examination and commitment for trial on indictment;
(c) their trial and conviction on indictment; and
(d) the hearing and determination of appeals arising out of any such trial or conviction or out of any proceedings connected therewith,
and for holding accused persons to bail apply, so far as they are applicable, to a person who is charged in that State or Territory with an offence against this Act or the regulations.
(5) Except as provided by this section, the Judiciary Act 1903-1959 applies in relation to offences against this Act or the regulations.
POLLUTION OF THE SEA BY OIL ACT 1960-1973 - SECT. 10.
Crown not liable to prosecution.SECT
10. Nothing in this Act shall be taken to subject the Crown in right of the Commonwealth or a State to liability to be prosecuted for an offence, but this section does not affect any liability of the master of a ship of which the Crown is the owner to be so prosecuted.
POLLUTION OF THE SEA BY OIL ACT 1960-1973 - SECT. 11.
No time limit for prosecutions.SECT
11. A prosecution for an offence against this Act or the regulations may be brought at any time.
POLLUTION OF THE SEA BY OIL ACT 1960-1973 - SECT. 12.
Evidence.SECT
12. In any proceedings for an offence against this Act or the regulations-
(a) any record kept in pursuance of the regulations is admissible as evidence of the facts stated in the record;
(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 of the facts stated in the entry; and
(c) a document purporting to be a record kept in pursuance of the regulations, or purporting to be such a certified copy as is referred to in the last preceding paragraph, shall, unless the contrary is proved, be presumed to be such a record or certified copy, as the case may be.
POLLUTION OF THE SEA BY OIL ACT 1960-1973 - SECT. 13.
Regulations.SECT
Sub-section (1) amended by No. 131, 1972, s. 8.
13. (1) The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act and, in particular-
(a) for giving effect to Article VII of the Convention;
(b) for giving effect to Article IX of the Convention;
(c) for the payment of fees in respect of any matter under this Act or the regulations; and
(d) prescribing a penalty of a fine not exceeding Five thousand dollars, or of imprisonment for a period not exceeding one year, or of both, for offences against the regulations.
Substituted by No. 4, 1965, s. 5.(2) The Governor-General may make regulations for the exemption of all or any of the ships included in a prescribed class of ships from any of the provisions of this Act, either absolutely or subject to conditions.
(3) Where the Governor-General is satisfied, with respect to the ships included in a class of ships, that effect is given to Article VII or Article IX of the Convention in relation to those ships by or under the laws of the States, the regulations may exempt those ships from compliance with the provisions of the regulations giving effect to Article VII or Article IX, as the case may be.
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POLLUTION OF THE SEA BY OIL ACT 1960-1973 - FIRST SCHEDULE SCH
THE SCHEDULES
FIRST SCHEDULE
Preamble and
Section 3
THE INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION OF THE
SEA BY OIL, 1954
London, May 12, 1954
The Governments represented at the International Conference on Pollution of the Sea by Oil held in London from 26th April, 1954, to 12th May, 1954,
Desiring to take action by common agreement to prevent pollution of the sea by oil discharged from ships, and considering that this end may best be achieved by the conclusion of a Convention,
Have accordingly appointed the undersigned plenipotentiaries, who, having communicated their full powers, found in good and due form, have agreed as follows:-
ARTICLE I
(1) For the purposes of the present Convention, the following expressions shall (unless the context otherwise requires) have the meanings hereby respectively assigned to them, that is to say:-
''The Bureau'' has the meaning assigned to it by Article XXI;
''Discharge'' in relation to oil or to an oily mixture means any discharge or escape howsoever caused;
''Heavy diesel oil'' means marine diesel oil, other than those distillates of which more than 50 per cent. by volume distils at a temperature not exceeding 340#C. when tested by A.S.T.M. Standard Method D.158/53;
''Mile'' means a nautical mile of 6080 feet or 1852 metres;
''Oil'' means crude oil, fuel oil, heavy diesel oil and lubricating oil, and ''oily'' shall be construed accordingly.
(2) For the purposes of the present Convention the territories of a Contracting Government mean the territory of the country of which it is the Government and any other territory for the international relations of which the Government is responsible and to which the Convention shall have been extended under Article XVIII.
ARTICLE II
The present Convention shall apply to sea-going ships, registered in any of the territories of a Contracting Government, except
(i) ships for the time being used as naval auxiliaries;
(ii) ships of under 500 tons gross tonnage;
(iii) ships for the time being engaged in the whaling industry;
(iv) ships for the time being navigating the Great Lakes of North America and their connecting and tributary waters as far east as the lower exit of the Lachine Canal at Montreal in the Province of Quebec, Canada.
ARTICLE III
(1) Subject to the provisions of Articles IV and V, the discharge from any tanker, being a ship to which the Convention applies, within any of the prohibited zones referred to in Annex A of the convention in relation to tankers of-
(a) oil;
(b) any oily mixture the oil in which fouls the surface of the sea,
shall be prohibited.
For the purposes of this paragraph the oil in an oily mixture of less than 100 parts of oil in 1,000,000 parts of the mixture shall not be deemed to foul the surface of the sea.
(2) Subject to the provisions of Articles IV and V, any scharge into the sea from a ship, being a ship to which the Convention applies and not being a tanker, of oily ballast water or tank washings shall be made as far as practicable from land. As from a date three years after the date on which the Convention comes into force, paragraph (1) of this Article shall apply to ships other than tankers as it applies to tankers, except that:-
(a) the prohibited zones in relation to ships other than tankers shall be those referred to as such in Annex A to the Convention; and
(b) the discharge of oil or of an oily mixture from such a ship shall not be prohibited when the ship is proceeding to a port not provided with such reception facilities as are referred to in Article VIII.
(3) Any contravention of paragraphs (1) and (2) of this Article shall be an offence punishable under the laws of the territory in which the ship is registered.
ARTICLE IV
(1) Article III shall not apply to:-
(a) the discharge of oil or of an oily mixture from a ship for the purpose of securing the safety of the ship, preventing damage to the ship or cargo, or saving life at sea; or
(b) the escape of oil, or of an oily mixture, resulting from damage to the ship or unavoidable leakage, if all reasonable precautions have been taken after the occurrence of the damage or discovery of the leakage for the purpose of preventing or minimising the escape;
(c) the discharge of sediment:-
(i) which cannot be pumped from the cargo tanks of tankers by reason of its solidity; or
(ii) which is residue arising from the purification or clarification of oil fuel or lubricating oil,
provided that such discharge is made as far from land as is practicable.
(2) In the event of such discharge or escape as is referred to in this Article a statement shall be made in the oil record book required by Article IX of the circumstances of and reason for the discharge.
ARTICLE V
Article III shall not apply to the discharge from the bilges of a ship:-
(a) of any oily mixture during the period of twelve months following the date on which the Convention comes into force in respect of the territory in which the ship is registered;
(b) after the expiration of such period, of an oily mixture containing no oil other than lubricating oil.
ARTICLE VI
The penalties which may be imposed in pursuance of Article III under the law of any of the territories of a Contracting Government in respect of the unlawful discharge from a ship of oil or of an oily mixture into waters outside the territorial waters of that territory shall not be less than the penalties which may be imposed under the law of that territory in respect of the unlawful discharge of oil or of an oily mixture from a ship into such territorial waters.
ARTICLE VII
As from a date twelve months after the present Convention comes into force in respect of any of the territories of a Contracting Government all ships registered in that territory shall be required to be so fitted as to prevent the escape of fuel oil or heavy diesel oil into bilges the contents of which are discharged into the sea without being passed through an oily-water separator.
ARTICLE VIII
As from a date three years after the present Convention comes into force in respect of any of the territories of a Contracting Government, that Government shall ensure the provision in each main port in that territory of facilities adequate for the reception, without causing undue delay to ships, of such residues from oily ballast water and tank washings as would remain for disposal by ships, other than tankers, using the port, if the water had been separated by the use of an oily-water separator, a settling tank or otherwise. Each Contracting Government shall from time to time determine which ports are the main ports in its territories for the purposes of this Article, and shall notify the Bureau in writing accordingly indicating whether adequate reception facilities have been installed.
ARTICLE IX
(1) There shall be carried in every ship to which the Convention applies an oil record book (whether as part of the ship's official log-book or otherwise) in the form specified in Annex B to the present Convention. The appropriate entries shall be made in that book, and each page of the book, including any statement under paragraph (2) of Article IV, shall be signed by the officer or officers in charge of the operations concerned and by the master of the ship. The written entries in the oil record book shall be in an official language of the territory in which the ship is registered, or in English or French.
(2) The competent authorities of any of the territories of a Contracting Government may inspect on board any such ship while within a port in that territory the oil record book required to be carried in the ship in compliance with the provisions of the Convention, and may make a true copy of any entry in that book and may require the master of the ship to certify that the copy is a true copy of such entry. Any copy so made which purports to have been certified by the master of the ship as a true copy of an entry in the ship's oil record book shall be made admissible in any judicial proceedings as evidence of the facts stated in the entry. Any action by the competent authorities under this paragraph shall be taken as expeditiously as possible and the ship shall not be delayed.
ARTICLE X
(1) Any Contracting Government may furnish to the Contracting Government in the territory of which a ship is registered particulars in writing of evidence that any provision of the Convention has been contravened in respect of that ship, wheresoever the alleged contravention may have taken place. If it is practicable to do so, the competent authorities of the former Government shall notify the master of the ship of the alleged contravention.
(2) Upon receiving such particulars the latter Government shall investigate the matter, and may request the former Government to furnish further or better particulars of the alleged contravention. If the Government in the territory of which the ship is registered is satisfied that sufficient evidence is available in the form required by law to enable proceedings against the owner or master of the ship to be taken in respect of the alleged contravention, it shall cause such proceedings to be taken as soon as possible, and shall inform the other Contracting Government and the Bureau of the result of such proceedings.
ARTICLE XI
Nothing in the present Convention shall be construed as derogating from the powers of any Contracting Government to take measures within its jurisdiction in respect of any matter to which the Convention relates or as extending the jurisdiction of any Contracting Government.
ARTICLE XII
Each Contracting Government shall send to the Bureau and to the appropriate organ of the United Nations:-
(a) the text of laws, decrees, orders and regulations in force in its territories which give effect to the present Convention;
(b) all official reports or summaries of official reports in so far as they show the results of the application of the provisions of the Convention, provided always that such reports or summaries are not, in the opinion of that Government, of a confidential nature.
ARTICLE XIII
Any dispute between Contracting Governments relating to the interpretation or application of the present Convention which cannot be settled by negotiation shall be referred at the request of either party to the International Court of Justice for decision unless the parties in dispute agree to submit it to arbitration.
ARTICLE XIV
(1) The present Convention shall remain open for signature for three months from this day's date and shall thereafter remain open for acceptance.
(2) Governments may become parties to the Convention by-
(i) signature without reservation as to acceptance;
(ii) signature subject to acceptance followed by acceptance; or
(iii) acceptance.
(3) Acceptance shall be effected by the deposit of an instrument of acceptance with the Bureau, which shall inform all Governments that have already signed or accepted the Convention of each signature and deposit of an acceptance and of the date of such signature or deposit.
ARTICLE XV
(1) The present Convention shall come into force twelve months after the date on which not less than ten Governments have become parties to the Convention, including five Governments of countries each with not less than 500,000 gross tons of tanker tonnage.
(2) (a) For each Government which signs the Convention without reservation as to acceptance or accepts the Convention before the date on which the Convention comes into force in accordance with paragraph (1) of this Article it shall come into force on that date. For each Government which accepts the Convention on or after that date, it shall come into force three months after the date of the deposit of that Government's acceptance.
(b) The Bureau shall, as soon as possible, inform all Governments which have signed or accepted the Convention of the date on which it will come into force.
ARTICLE XVI
(1) Upon the request of any Contracting Government a proposed amendment of the present Convention shall be communicated by the Bureau to all Contracting Governments for consideration.
(2) Any amendment communicated to Contracting Governments for consideration under paragraph (1) of this Article shall be deemed to have been accepted by all Contracting Governments and shall come into force on the expiration of a period of six months after it has been so communicated, unless any one of the Contracting Governments shall have made a declaration not less than two months before the expiration of that period that it does not accept the amendment.
(3) (a) A conference of Contracting Governments to consider amendments of the Convention proposed by any Contracting Government shall be convened by the Bureau upon the request of one-third of the Contracting Governments.
(b) Every amendment adopted by such a conference by a two-thirds majority vote of the Contracting Governments represented shall be communicated by the Bureau to all Contracting Governments for their acceptance.
(4) Any amendment communicated to Contracting Governments for their acceptance under paragraph (3) of this Article shall come into force for all Contracting Governments, except those which before it comes into force make a declaration that they do not accept the amendment, twelve months after the date on which the amendment is accepted by two-thirds of the Contracting Governments.
(5) Any declaration under this Article shall be made by a notification in writing to the Bureau which shall notify all Contracting Governments of the receipt of the declaration.
(6) The Bureau shall inform all signatory and Contracting Governments of any amendments which come into force under this Article, together with the date on which such amendments shall come into force.
ARTICLE XVII
(1) The present Convention may be denounced by any Contracting Government at any time after the expiration of a period of five years from the date on which the Convention comes into force for that Government.
(2) Denunciation shall be effected by a notification in writing addressed to the Bureau, which shall notify all the Contracting Governments of any denunciation received and of the date of its receipt.
(3) A denunciation shall take effect twelve months, or such longer period as may be specified in the notification, after its receipt by the Bureau.
ARTICLE XVIII
(1) (a) Any Government may, at the time of signature or acceptance of the present Convention, or at any time thereafter, declare by notification in writing given to the Bureau that the Convention shall extend to any of the territories for whose international relations it is responsible.
(b) The Convention shall, from the date of the receipt of the notification, or from such other date as may be specified in the notification, extend to the territories named therein.
(2) (a) Any Contracting Government which has made a declaration under paragraph (1) of this Article may, at any time after the expiration of a period of five years from the date on which the Convention has been so extended to any territory, give notification in writing to the Bureau, declaring that the Convention shall cease to extend to any such territory named in the notification.
(b) The Convention shall cease to extend to any territory mentioned in such notification twelve months, or such longer period as may be specified therein, after the date of receipt of the notification by the Bureau.
(3) The Bureau shall inform all Contracting Governments of the extension of the Convention to any territories under paragraph (1) of this Article, and of the termination of any such extension under paragraph (2) of this Article, stating in each case the date from which the Convention has been, or will cease to be, so extended.
ARTICLE XIX
(1) In case of war or other hostilities, a Contracting Government which considers that it is affected, whether as a belligerent or as a neutral, may suspend the operation of the whole or any part of the present Convention in respect of all or any of its territories. The suspending Government shall immediately give notice of any such suspension to the Bureau.
(2) The suspending Government may at any time terminate such suspension and shall in any event terminate it as soon as it ceases to be justified under paragraph (1) of this Article. Notice of such termination shall be given immediately to the Bureau by the Government concerned.
(3) The Bureau shall notify all Contracting Governments of any suspension or termination of suspension under this Article.
ARTICLE XX
As soon as the present Convention comes into force it shall be registered by the Bureau with the Secretary-General of the United Nations.
ARTICLE XXI
The duties of the Bureau shall be carried out by the Government of the United Kingdom of Great Britain and Northern Ireland unless and until the Inter-Governmental Maritime Consultative Organisation comes into being and takes over the duties assigned to it under the Convention signed at Geneva on the 6th day of March, 1948, and thereafter the duties of the Bureau shall be carried out by the said Organisation.
In witness whereof the undersigned plenipotentiaries have signed the present Convention.
Done in London this twelfth day of May, 1954, in English and French, both texts being equally authoritative, in a single copy, which shall be deposited with the Bureau and of which the Bureau shall transmit certified copies to all signatory and Contracting Governments.
(Here follow the signatures of the plenipotentiaries of the Contracting Governments on behalf of which the Convention was signed.)
ANNEX A
Prohibited Zones
(1) Subject to paragraph (3) of this Annex, the prohibited zones in relation to tankers shall be all sea areas within 50 miles from land, with the following exceptions:-
(a) The Adriatic Zones
Within the Adriatic Sea the prohibited zones off the coasts of Italy and Yugoslavia respectively shall each extend for a distance of 30 miles from land, excepting only the island of Vis. When the present Convention has been in force for a period of three years the said zones shall each be extended by a further 20 miles in width unless the two Governments agree to postpone such extension. In the event of such an agreement the said Governments shall notify the Bureau accordingly not less than three months before the expiration of such period of three years and the Bureau shall notify all Contracting Governments of such agreement.
(b) The North Sea Zone
The North Sea Zone shall extend for a distance of 100 miles from the coasts of the following countries:-
Belgium,
Denmark,
the Federal Republic of Germany,
the Netherlands,
the United Kingdom of Great Britain and Northern Ireland,
but not beyond the point where the limit of a 100-mile zone off the west coast of Jutland intersects the limit of the 50-mile zone off the coast of Norway.
(c) The Atlantic Zone
The Atlantic Zone shall be within a line drawn from a point on the Greenwich meridian 100 miles in a north-north-easterly direction from the Shetland Islands; thence northwards along the Greenwich meridian to latitude 64# north; thence westwards along the 64th parallel to longitude 10# west; thence to latitude 60# north, longitude 14# west; thence to latitude 54# 30' north, longitude 30# west; thence to latitude 44# 20' north, longitude 30# west; thence to latitude 48# north, longitude 14# west; thence eastwards along the 48th parallel to a point of intersection with the 50-mile zone off the coast of France. Provided that in relation to voyages which do not extend seawards beyond the Atlantic Zone as defined above, and which are to ports not provided with adequate facilities for the reception of oily residue, the Atlantic Zone shall be deemed to terminate at a distance of 100 miles from land.
(d) The Australian Zone
The Australian Zone shall extend for a distance of 150 miles from the coasts of Australia, except off the north and west coasts of the Australian mainland between the point opposite Thursday Island and the point on the west coast at 20# south latitude.
(2) Subject to paragraph (3) of this Annex the prohibited zones in relation to ships other than tankers shall be all sea areas within 50 miles from land with the following exceptions:-
(a) The Adriatic Zones
Within the Adriatic Sea the prohibited zones off the coasts of Italy and Yugoslavia respectively shall each extend for a distance of 20 miles from land, excepting only the island of Vis. After the expiration of a period of three years following the application of prohibited zones to ships other than tankers in accordance with paragraph (2) of Article III the said zones shall each be extended by a further 30 miles in width unless the two Governments agree to postpone such extension. In the event of such an agreement the said Governments shall notify the Bureau accordingly not less than three months before the expiration of such period of three years, and the Bureau shall notify all Contracting Governments of such agreement.
(b) The North Sea and Atlantic Zones
The North Sea and Atlantic Zones shall extend for a distance of 100 miles from the coasts of the following countries:-
Belgium
Denmark
the Federal Republic of Germany
Ireland
the Netherlands
the United Kingdom of Great Britain and Northern Ireland,
but not beyond the point where the limit of a 100-mile zone off the west coast of Jutland intersects the limit of the 50-mile zone off the coast of Norway.
(3) (a) Any Contracting Government may propose:-
(i) the reduction of any zone off the coast of any of its territories;
(ii) the extension of any such zone to a maximum of 100 miles from any such coast,
by making a declaration to that effect and the reduction or extension shall come into force after the expiration of a period of six months after the declaration has been made, unless any one of the Contracting Governments shall have made a declaration not less than two months before the expiration of that period that its interests are affected either by reason of the proximity of its coasts or by reason of its ships trading in the area, and that it does not accept the reduction or extension, as the case may be.
(b) Any declaration under this paragraph shall be made by a notification in writing to the Bureau which shall notify all Contracting Governments of the receipt of the declaration.
ANNEX B
FORM OF OIL RECORD BOOK
I-For Tankers ------------------------------------------------------------------------------ --
Date of Entry ------------------------------------------------------------------------------ --
(a) Ballasting of and discharge of
ballast from cargo tanks
1. Identity numbers of tank(s) . . . . . . ..................................
2. Type of oil previously contained in
tank(s) . . . . . . . . . . . . . . . . ..................................
3. Date and place of ballasting . . . . . ..................................
4. Date and time of discharge of ballast
water . . . . . . . . . . . . . . . . . ..................................
5. Place or position of ship . . . . . . . ..................................
6. Approximate amount of oil-contaminated
water transferred to slop tank(s) . . . ..................................
7. Identity numbers of slop tank(s) . . . ..................................
(b) Cleaning of cargo tanks
8. Identity numbers of tank(s) cleaned . . ..................................
9. Type of oil previously contained in
tank(s) . . . . . . . . . . . . . . . . .................................. 10. Identity numbers of slop tank(s) to
which washings transferred . . . . . . .................................. 11. Dates and times of cleaning . . . . . . ..................................
(c) Settling in slop tank(s) and
discharge of water
12. Identity numbers of slop tank(s) . . . .................................. 13. Period of settling (in hours) . . . . . .................................. 14. Date and time of discharge of water . . .................................. 15. Place or position of ship . . . . . . . .................................. 16. Approximate quantities of residue . . . ..................................
(d) Disposal from ship of oily residues
from slop tank(s) and other sources
17. Date and method of disposal . . . . . . .................................. 18. Place or position of ship . . . . . . . .................................. 19. Sources and approximate quantities . . .................................. ------------------------------------------------------------------------------ --
Signature of Officer or Officers
............................... in charge of the operations concerned
............................... Signature of Master
II-For Ships Other Than Tankers ------------------------------------------------------------------------------ --
Date of Entry ------------------------------------------------------------------------------ --
(a) Ballasting, or cleaning during
Voyage, of bunker fuel tanks
1. Identity number of tank(s) . . . . . . ..................................
2. Type of oil previously contained in
tank(s) . . . . . . . . . . . . . . . . ..................................
3. Date and place of ballasting . . . . . ..................................
4. Date and time of discharge of ballast
or washing water . . . . . . . . . . . ..................................
5. Place or position of ship . . . . . . . ..................................
6. Whether separator used: if so, give
period of use . . . . . . . . . . . . . ..................................
7. Disposal of oily residue retained on
board . . . . . . . . . . . . . . . . . ..................................
(b) Disposal from ship of oily residues
from bunker fuel tanks and other
sources
8. Date and method of disposal . . . . . . ..................................
9. Place or position of ship . . . . . . . .................................. 10. Sources and approximate quantities . . .................................. --------------------------------------------------------------------------------
Signature of Officer or Officers
............................... in charge of the operations concerned
............................... Signature of Master
III-For All Ships --------------------------------------------------------------------------------
Date of Entry --------------------------------------------------------------------------------
Accidental and other exceptional
discharges or escapes of oil
1. Date and time of occurrence . . . . . . ..................................
2. Place or position of ship . . . . . . . ..................................
3. Approximate quantity and type of oil . ..................................
4. Circumstances of discharge or escape
and general remarks . . . . . . . . . . .................................. --------------------------------------------------------------------------------
Signature of Officer or Officers
............................... in charge of the operations concerned
............................... Signature of Master
-----------
POLLUTION OF THE SEA BY OIL ACT 1960-1973 - SECOND SCHEDULE SCH
SECOND SCHEDULE
Preamble
Resolution 2
The application of the principles of the Convention so far as is reasonable and
practicable to the ships to which the Convention does not apply
The International Conference on Pollution of the Sea by Oil, 1954,
RESOLVE
That the Governments of countries which accept the present Convention should also, by legislation or otherwise, apply the provisions of the Convention so far as is reasonable and practicable to all classes of sea-going ships registered in their territories or belonging to them to which the provisions of the Convention do not apply, that is to say, warships and other unregistered ships, ships used for the time being as naval auxiliaries, ships of under 500 tons gross tonnage, and ships for the time being engaged in the whaling industry.
-----------
POLLUTION OF THE SEA BY OIL ACT 1960-1973 - THIRD SCHEDULE SCH
Substituted by No. 4, 1965, s. 6.
THIRD SCHEDULE
Section 3
AMENDMENTS TO THE INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION OF
THE SEA BY OIL, 1954
1. The existing text of Article I of the Convention is replaced by the following:
ARTICLE I
(1) For the purposes of the present Convention, the following expressions shall (unless the context otherwise requires) have the meanings hereby respectively assigned to them, that is to say:
''The Bureau'' has the meaning assigned to it by Article XXI;
''Discharge'' in relation to oil or to oily mixture means any discharge or escape howsoever caused;
''Heavy diesel oil'' means marine diesel oil, other than those distillates of which more than 50 per cent by volume distils at a temperature not exceeding 340#C. when tested by A.S.T.M. Standard Method D.86/59;
''Mile'' means a nautical mile of 6,080 feet or 1,852 metres;
''Oil'' means crude oil, fuel oil, heavy diesel oil and lubricating oil, and ''oily'' shall be construed accordingly;
''Oily mixture'' means a mixture with an oil content of 100 parts or more in 1,000,000 parts of the mixture;
''Organization'' means the Inter-Governmental Maritime Consultative Organization;
''Ship'' means any sea-going vessel of any type whatsoever, including floating craft, whether self-propelled or towed by another vessel, making a sea voyage; and ''tanker'' means a ship in which the greater part of the cargo space is constructed or adapted for the carriage of liquid cargoes in bulk and which is not, for the time being, carrying a cargo other than oil in that part of its cargo space.
(2) For the purposes of the present Convention, the territories of a Contracting Government mean the territory of the country of which it is the Government and any other territory for the international relations of which it is responsible and to which the Convention shall have been extended under Article XVIII.
2. The existing text of Article II of the Convention is replaced by the following:
ARTICLE II
(1) The present Convention shall apply to ships registered in any of the territories of a Contracting Government and to unregistered ships having the nationality of a Contracting Party, except:
(a) tankers of under 150 tons gross tonnage and other ships of under 500 tons gross tonnage, provided that each Contracting Government will take the necessary steps, so far as is reasonable and practicable, to apply the requirements of the Convention to such ships also, having regard to their size, service and the type of fuel used for their propulsion;
(b) ships for the time being engaged in the whaling industry when actually employed on whaling operations;
(c) ships for the time being navigating the Great Lakes of North America and their connecting and tributary waters as far east as the lower exit of St. Lambert Lock at Montreal in the Province of Quebec, Canada;
(d) naval ships and ships for the time being used as naval auxiliaries.
(2) Each Contracting Government undertakes to adopt appropriate measures ensuring that requirements equivalent to those of the present Convention are, so far as is reasonable and practicable, applied to the ships referred to in sub-paragraph (d) of paragraph (1) of this Article.
3. The existing text of Article III of the Convention is replaced by the following:
ARTICLE III
Subject to the provisions of Articles IV and V:
(a) the discharge from a tanker to which the present Convention applies, within any of the prohibited zones referred to in Annex A to the Convention, of oil or oily mixtures shall be prohibited;
(b) the discharge from a ship to which the present Convention applies, other than a tanker, of oil or oily mixture shall be made as far as practicable from land. As from a date three years after that on which the Convention comes into force for the relevant territory in respect of the ship in accordance with paragraph (1) of Article II, sub-paragraph (a) of this Article shall apply to a ship other than a tanker, except that the discharge of oil or of oily mixture from such a ship shall not be prohibited when the ship is proceeding to a port not provided with such facilities for ships other than tankers as are referred to in Article VIII;
(c) the discharge from a ship of 20,000 tons gross tonnage or more, to which the present Convention applies and for which the building contract is placed on or after the date on which this provision comes into force, of oil or oily mixture shall be prohibited. However, if, in the opinion of the master, special circumstances make it neither reasonable nor practicable to retain the oil or oily mixture on board, it may be discharged outside the prohibited zones referred to in Annex A to the Convention. The reasons for such discharge shall be reported to the Contracting Government of the relevant territory in respect of the ship in accordance with paragraph (1) of Article II. Full details of such discharges shall be reported to the Organization at least every twelve months by Contracting Governments.
4. The existing text of Article IV of the Convention is replaced by the following:
ARTICLE IV
Article III shall not apply to:
(a) the discharge of oil or of oily mixture from a ship for the purpose of securing the safety of a ship, preventing damage to a ship or cargo, or saving life at sea;
(b) the escape of oil or of oily mixture resulting from damage to a ship or unavoidable leakage, if all reasonable precautions have been taken after the occurrence of the damage or discovery of the leakage for the purpose of preventing or minimizing the escape;
(c) the discharge of residue arising from the purification or clarification of fuel oil or lubricating oil, provided that such discharge is made as far from land as is practicable.
5. The existing text of Article V of the Convention is replaced by the following:
ARTICLE V
Article III shall not apply to the discharge from the bilges of a ship:
(a) during the period of twelve months following the date on which the present Convention comes into force for the relevant territory in respect of the ship in accordance with paragraph (1) of Article II, of oily mixture;
(b) after the expiration of such period, of oily mixture containing no oil other than lubricating oil which has drained or leaked from machinery spaces.
6. The existing text of Article VI of the Convention is replaced by the following:
ARTICLE VI
(1) Any contravention of Articles III and IX shall be an offence punishable under the law of the relevant territory in respect of the ship in accordance with paragraph (1) of Article II.
(2) The penalties which may be imposed under the law of any of the territories of a Contracting Government in respect of the unlawful discharge from a ship of oil or oily mixture outside the territorial sea of that territory shall be adequate in severity to discourage any such unlawful discharge and shall not be less than the penalties which may be imposed under the law of that territory in respect of the same infringements within the territorial sea.
(3) Each Contracting Government shall report to the Organization the penalties actually imposed for each infringement.
7. The existing text of Article VII of the Convention is replaced by the following:
ARTICLE VII
(1) As from a date twelve months after the present Convention comes into force for the relevant territory in respect of a ship in accordance with paragraph (1) of Article II, such a ship shall be required to be so fitted as to prevent, so far as reasonable and practicable, the escape of fuel oil or heavy diesel oil into bilges, unless effective means are provided to ensure that the oil in the bilges is not discharged in contravention of this Convention.
(2) Carrying water ballast in oil fuel tanks shall be avoided if possible.
8. The existing text of Article VIII of the Convention is replaced by the following:
ARTICLE VIII
(1) Each Contracting Government shall take all appropriate steps to promote the provision of facilities as follows:
(a) according to the needs of ships using them, ports shall be provided with facilities adequate for the reception, without causing undue delay to ships, of such residues and oily mixtures as would remain for disposal from ships other than tankers if the bulk of the water had been separated from the mixture;
(b) oil loading terminals shall be provided with facilities adequate for the reception of such residues and oily mixtures as would similarly remain for disposal by tankers;
(c) ship repair ports shall be provided with facilities adequate for the reception of such residues and oily mixtures as would similarly remain for disposal by all ships entering for repairs.
(2) Each Contracting Government shall determine which are the ports and oil loading terminals in its territories suitable for the purposes of sub-paragraphs (a), (b) and (c) of paragraph (1) of this Article.
(3) As regards paragraph (1) of this Article, each Contracting Government shall report to the Organization, for transmission to the Contracting Government concerned, all cases where the facilities are alleged to be inadequate.
9. The existing text of Article IX of the Convention is replaced by the following:
ARTICLE IX
(1) Of the ships to which the present Convention applies, every ship which uses oil fuel and every tanker shall be provided with an oil record book, whether as part of the ship's official log book or otherwise, in the form specified in Annex B to the Convention.
(2) The oil record book shall be completed on each occasion, whenever any of the following operations takes place in the ship:
(a) ballasting of and discharge of ballast from cargo tanks of tankers;
(b) cleaning of cargo tanks of tankers;
(c) settling in slop tanks and discharge of water from tankers;
(d) disposal from tankers of oily residues from slop tanks or other sources;
(e) ballasting, or cleaning during voyage, of bunker fuel tanks of ships other than tankers;
(f) disposal from ships other than tankers of oily residues from bunker fuel tanks or other sources;
(g) accidental or other exceptional discharges or escapes of oil from tankers or ships other than tankers.
In the event of such discharge or escape of oil or oily mixture as is referred to in sub-paragraph (c) of Article III or in Article IV, a statement shall be made in the oil record book of the circumstances of, and reason for, the discharge or escape.
(3) Each operation described in paragraph (2) of this Article shall be fully recorded without delay in the oil record book so that all the entries in the book appropriate to that operation are completed. Each page of the book shall be signed by the officer or officers in charge of the operations concerned and, when the ship is manned, by the master of the ship. The written entries in the oil record book shall be in an official language of the relevant territory in respect of the ship in accordance with paragraph (1) of Article II, or in English or French.
(4) Oil record books shall be kept in such a place as to be readily available for inspection at all reasonable times, and, except in the case of unmanned ships under tow, shall be kept on board the ship. They shall be preserved for a period of two years after the last entry has been made.
(5) The competent authorities of any of the territories of a Contracting Government may inspect on board any ship to which the present Convention applies, while within a port in that territory, the oil record book required to be carried in the ship in compliance with the provisions of this Article, and may make a true copy of any entry in that book and may require the master of the ship to certify that the copy is a true copy of such entry. Any copy so made which purports to have been certified by the master of the ship as a true copy of an entry in the ship's oil record book shall be made admissible in any judicial proceedings as evidence of the facts stated in the entry. Any action by the competent authorities under this paragraph shall be taken as expeditiously as possible and the ship shall not be delayed.
10. The existing text of Article X of the Convention is replaced by the following:
ARTICLE X
(1) Any Contracting Government may furnish to the Government of the relevant territory in respect of the ship in accordance with paragraph (1) of Article II particulars in writing of evidence that any provision of the present Convention has been contravened in respect of that ship, wheresoever the alleged contravention may have taken place. If it is practicable to do so, the competent authorities of the former Government shall notify the master of the ship of the alleged contravention.
(2) Upon receiving such particulars, the Government so informed shall investigate the matter, and may request the other Government to furnish further or better particulars of the alleged contravention. If the Government so informed is satisfied that sufficient evidence is available in the form required by its law to enable proceedings against the owner or master of the ship to be taken in respect of the alleged contravention, it shall cause such proceedings to be taken as soon as possible, and shall inform the other Government and the Organization of the result of such proceedings.
11. The existing text of Article XIV of the Convention is replaced by the following:
ARTICLE XIV
(1) The present Convention shall remain open for signature for three months from this day's date and shall thereafter remain open for acceptance.
(2) Subject to Article XV, the Governments of States Members of the United Nations or of any of the Specialized Agencies or parties to the Statute of the International Court of Justice may become parties to the present Convention by:
(a) signature without reservation as to acceptance;
(b) signature subject to acceptance followed by acceptance; or
(c) acceptance.
(3) Acceptance shall be effected by the deposit of an intrument of acceptance with the Bureau, which shall inform all Governments that have already signed or accepted the present Convention of each signature and deposit of an acceptance and of the date of such signature or deposit.
12. The existing text of Article XVI of the Convention is replaced by the following:
ARTICLE XVI
(1) (a) The present Convention may be amended by unanimous agreement between the Contracting Governments.
(b) Upon request of any Contracting Government a proposed amendment shall be communicated by the Organization to all Contracting Governments for consideration and acceptance under this paragraph.
(2) (a) An amendment to the present Convention may be proposed to the Organization at any time by any Contracting Government, and such proposal if adopted by a two-thirds majority of the Assembly of the Organization upon recommendation adopted by a two-thirds majority of the Maritime Safety Committee of the Organization shall be communicated by the Organization to all Contracting Governments for their acceptance.
(b) Any such recommendation by the Maritime Safety Committee shall be communicated by the Organization to all Contracting Governments for their consideration at least six months before it is considered by the Assembly.
(3) (a) A conference of Governments to consider amendments to the present Convention proposed by any Contracting Government shall at any time be convened by the Organization upon the request of one-third of the Contracting Governments.
(b) Every amendment adopted by such conference by a two-thirds majority of the Contracting Governments shall be communicated by the Organization to all Contracting Governments for their acceptance.
(4) Any amendment communicated to Contracting Governments for their acceptance under paragraph (2) or (3) of this Article shall come into force for all Contracting Governments, except those which before it comes into force make a declaration that they do not accept the amendment, twelve months after the date on which the amendment is accepted by two-thirds of the Contracting Governments.
(5) The Assembly, by a two-thirds majority vote, including two-thirds of the Governments represented on the Maritime Safety Committee, and subject to the concurrence of two-thirds of the Contracting Governments to the present Convention, or a conference convened under paragraph (3) of this Article by a two-thirds majority vote, may determine at the time of its adoption that the amendment is of such an important nature that any Contracting Government which makes a declaration under paragraph (4) of this Article and which does not accept the amendment within a period of twelve months after the amendment comes into force, shall, upon the expiry of this period, cease to be a party to the present Convention.
(6) The Organization shall inform all Contracting Governments of any amendments which come into force under this Article, together with the date on which such amendments shall come into force.
(7) Any acceptance or declaration under this Article shall be made by a notification in writing to the Organization which shall notify all Contracting Governments of the receipt of the acceptance or declaration.
13. The existing text of Article XVIII of the Convention is replaced by the following:
ARTICLE XVIII
(1) (a) The United Nations in cases where they are the administering authority for a territory or any Contracting Government responsible for the international relations of a territory shall as soon as possible consult with such territory in an endeavour to extend the present Convention to that territory and may at any time by notification in writing given to the Bureau declare that the Convention shall extend to such territory.
(b) The present Convention shall from the date of the receipt of the notification or from such other date as may be specified in the notification extend to the territory named therein.
(2) (a) The United Nations in cases were they are the administering authority for a territory or any Contracting Government which has made a declaration under paragraph (1) of this Article, at any time after the expiry of a period of five years from the date on which the present Convention has been so extended to any territory, may by a notification in writing given to the Bureau after consultation with such territory declare that the Convention shall cease to extend to any such territory named in the notification.
(b) The present Convention shall cease to extend to any territory mentioned in such notification one year, or such longer period as may be specified therein, after the date of receipt of the notification by the Bureau.
(3) The Bureau shall inform all the Contracting Governments of the extension of the present Convention to any territory under paragraph (1) of this Article, and of the termination of any such extension under the provisions of paragraph (2) stating in each case the date from which the Convention has been or will cease to be so extended.
14. The existing text of Annex A to the Convention is replaced by the following:
ANNEX A
PROHIBITED ZONES
(1) All sea areas within 50 miles from the nearest land shall be prohibited zones.
For the purposes of this Annex, the term ''from the nearest land'' means ''from the base-line from which the territorial sea of the territory in question is established in accordance with the Geneva Convention on the Territorial Sea and the Contiguous Zone, 1958''.
(2) The following sea areas, insofar as they extend more than 50 miles from the nearest land, shall also be prohibited zones:
(a) Pacific Ocean
The Canadian Western Zone
The Canadian Western Zone shall extend for a distance of 100 miles from the nearest land along the west coast of Canada.
(b) North Atlantic Ocean, North Sea and Baltic Sea
(i) The North-West Atlantic Zone
The North-West Atlantic Zone shall comprise the sea areas within a line drawn from latitude 38# 47' north, longitude 73# 43' west to latitude 39# 58' north, longitude 68# 34' west thence to latitude 42# 05' north, longitude 64# 37' west thence along the east coast of Canada at a distance of 100 miles from the nearest land.
(ii) The Icelandic Zone
The Icelandic Zone shall extend for a distance of 100 miles from the nearest land along the coast of Iceland.
(iii) The Norwegian, North Sea and Baltic Sea Zone
The Norwegian, North Sea and Baltic Sea Zone shall extend for a distance of 100 miles from the nearest land along the coast of Norway and shall include the whole of the North Sea and of the Baltic Sea and its Gulfs.
(iv) The North-East Atlantic Zone
The North-East Atlantic Zone shall include the sea areas within a line drawn between the following positions:
Latitude Longitude
62# north 2# east,
64# north 00#;
64# north 10# west,
60# north 14# west;
54# 30' north 30# west,
53# north 40# west;
44# 20' north 40# west,
44# 20' north 30# west;
46# north 20# west, thence towards
Cape Finisterre at the
intersection of the 50-mile
limit.
(v) The Spanish Zone
The Spanish Zone shall comprise the areas of the Atlantic Ocean within a distance of 100 miles from the nearest land along the coast of Spain and shall come into operation on the date on which the present Convention shall have come into force in respect of Spain.
(vi) The Portuguese Zone
The Portuguese Zone shall comprise the area of the Atlantic Ocean within a distance of 100 miles from the nearest land along the coast of Portugal and shall come into operation on the date on which the present Convention shall have come into force in respect of Portugal.
(c) Mediterranean and Adriatic Seas
The Mediterranean and Adriatic Zone
The Mediterranean and Adriatic Zone shall comprise the sea areas within a distance of 100 miles from the nearest land along the coasts of each of the territories bordering the Mediterranean and Adriatic Seas and shall come into operation in respect of each territory on the date on which the present Convention shall have come into force in respect of that territory.
(d) Black Sea and Sea of Azov
The Black Sea and Sea of Azov Zone
The Black Sea and Sea of Azov Zone shall comprise the sea areas within a distance of 100 miles from the nearest land along the coasts of each of the territories bordering the Black Sea and Sea of Azov and shall come into operation in respect of each territory on the date on which the present Convention shall have come into force in respect of that territory.
Provided that the whole of the Black Sea and the Sea of Azov shall become a prohibited zone on the date on which the present Convention shall have come into force in respect of Roumania and the Union of Soviet Socialist Republics.
(e) Red Sea
The Red Sea Zone
The Red Sea Zone shall comprise the sea areas within a distance of 100 miles from the nearest land along the coasts of each of the territories bordering the Red Sea and shall come into operation in respect of each territory on the date on which the present Convention shall have come into force in respect of that territory.
(f) Persian Gulf
(i) The Kuwait Zone
The Kuwait Zone shall comprise the sea area within a distance of 100 miles from the nearest land along the coast of Kuwait.
(ii) The Saudi Arabian Zone
The Saudi Arabian Zone shall comprise the sea area within a distance of 100 miles from the nearest land along the coast of Saudi Arabia and shall come into operation on the date on which the present Convention shall have come into force in respect of Saudi Arabia.
(g) Arabian Sea, Bay of Bengal and Indian Ocean
(i) The Arabian Sea Zone
The Arabian Sea Zone shall comprise the sea areas within a line drawn between the following positions:
Latitude Longitude
23# 33' north 68# 20' east,
23# 33' north 67# 30' east;
22# north 68# east,
20# north 70# east;
18# 55' north 72# east,
15# 40' north 72# 42' east;
8# 30' north 75# 48' east,
7# 10' north 76# 50' east;
7# 10' north 78# 14' east,
9# 06' north 79# 32' east,
and shall come into operation on the date on which the present Convention shall have come into force in respect of India.
(ii) The Bay of Bengal Coastal Zone
The Bay of Bengal Coastal Zone shall comprise the sea areas between the nearest land and a line drawn between the following positions:
Latitude Longitude
10# 15' north 80# 50' east,
14# 30' north 81# 38' east;
20# 20' north 88# 10' east,
20# 20' north 89# east,
and shall come into operation on the date on which the present Convention shall have come into force in respect of India.
(iii) The Malagasy Zone
The Malagasy Zone shall comprise the sea area within a distance of 100 miles from the nearest land along the coast of Madagascar west of the meridians of Cape d'Ambre in the north and of Cape Ste. Marie in the south and within a distance of 150 miles from the nearest land along the coast of Madagascar east of these meridians, and shall come into operation when the present Convention shall have come into force in respect of Madagascar.
(h) Australia
The Australian Zone
The Australian Zone shall comprise the sea area within a distance of 150 miles from the nearest land along the coasts of Australia, except off the north and west coasts of the Australian mainland between the point opposite Thursday Island and the point on the west coast at 20# south latitude.
(3) (a) Any Contracting Government may propose:
(i) the reduction of any zone off the coast of any of its territories;
(ii) the extension of any such zone to a maximum of 100 miles from the nearest land along any such coast,
by making a declaration to that effect and the reduction or extension shall come into force after the expiration of a period of six months after the declaration has been made, unless any one of the Contracting Governments shall have made a declaration not less than two months before the expiration of that period to the effect that it considers that the destruction of birds and adverse effects on fish and the marine organisms on which they feed would be likely to occur or that its interests are affected either by reason of the proximity of its coasts or by reason of its ships trading in the area, and that it does not accept the reduction or extension, as the case may be.
(b) Any declaration under this paragraph shall be made by a notification in writing to the Organization which shall notify all Contracting Governments of the receipt of the declaration.
(4) The Organization shall prepare a set of charts indicating the extent of the prohibited zones in force in accordance with paragraph (2) of this Annex and shall issue amendments thereto as may be necessary.
15. The following changes to be made in Annex B to the Convention:
1. Throughout the Annex replace the words ''Identity numbers of tank(s)'' by ''Identity numbers of tank(s) concerned''.
2. In Form I (a) replace the words ''Place or position of ship'' by ''Place or position of ship at time of discharge''.
3. In Form I (d) and Form II (a) and (b) replace the words ''Place or position of ship'' by ''Place or position of ship at time of disposal''.
4. In Form I (c) add a new line 17 as follows: ''17. Approximate quantities of water discharged'' and re-number lines in (d) 18 to 20.
5. Delete the words ''from ship'' in the headings of Forms I (d) and II (b).
6. In Form III replace the words ''Place or position of ship'' by ''Place or position of ship at time of occurrence''.
Fourth Schedule repealed by No. 4, 1965, s. 6.
* * * * * * * *
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POLLUTION OF THE SEA BY OIL ACT 1960-1973 - NOTES
NOTES
1. The Pollution of the Sea by Oil Act 1960-1973 comprises the Pollution of the Sea by Oil Act 1960 as amended by the other Acts specified in the following table:
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Number Date of
Act and year Date of
Assent commencement
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Pollution of the Sea by
Oil Act 1960 No. 11, 1960 13 May 1960 1 Oct 1962 (see
Gazette 1962, p.
3359)
Pollution of the Sea by
Oil Act 1965 No. 4, 1965 12 Apr 1965 28 June 1967 (see
Gazette 1967, p.
2798)
Pollution of the Sea by
Oil Act 1972 No. 131, 1972 2 Nov 1972 (a)
Statute Law Revision Act
1973 No. 216, 1973 19 Dec 1973 31 Dec 1973
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(a) The Pollution of the Sea by Oil Act 1972 (other than sections 3, 4 and 9) came into operation on the date on which that Act received the Royal Assent.
Sections 3, 4 and 9 of that Act are to come into operation on a date to be fixed by Proclamation. No date had been fixed before the publication of this reprint. See the Pollution of the Sea by Oil Act 1972 printed immediately after the reprint of this Act.
2.-S. 6-See section 10 of the Pollution of the Sea by Oil Act 1972 printed in the reprint of that Act immediately following the reprint of this Act.
3.-S. 6 (2)-The date fixed was 29 June 1967; see Gazette 1967, p. 3432.
4.-Ss. 6A, 7 (3) and 9 (3A)-See section 11 of the Pollution of the Sea by Oil Act 1972 printed in the reprint of that Act immediately following the reprint of this Act.
0
0
0