Pollution of Waters by Oil and Noxious Substances Act 1986 (Vic)

Version No. 038

Pollution of Waters by Oil and Noxious Substances Act 1986

No. 27 of 1986

Version incorporating amendments as at

8 February 2022

table of provisions

Section Page

Part 1—Preliminary

1Purpose
2Commencement
3Definitions
3ATransport Integration Act 2010
4Act to bind Crown
5Saving of other laws
6Delegation

Part 2—Prevention of pollution

Division 1—Pollution by oil

7Interpretation
8Prohibition of discharge of oil or oily mixtures into State waters
9Oil residues
10Duty to report certain incidents involving oil or an oily mixture
11Oil record book
12False entries in oil record book
13Oil record book to be retained

Division 2—Pollution by noxious substances

14Definitions
15Application of Part to mixture of oil and liquid substance
16Categories of noxious liquid substances
17Appendix III substances
18Prohibition of discharge of substances into State waters
18ACertain liquid substances to be treated as oil
19Duty to report certain incidents involving certain substances
20Cargo record book
21False entries in cargo record book
22Cargo record book to be retained
23Cleaning of tanks of ships

Division 2A—Prevention of pollution by garbage

23AInterpretation
23BProhibition of disposal of garbage into State waters

Division 2B—Prevention of pollution by packaged harmful substances

23CDefinition
23DDuty to report certain incidents involving harmful substances
23EProhibition of discharge by jettisoning of harmful substances into State waters

Division 2C—Prevention of pollution by sewage

23FInterpretation
23GProhibition of discharge of sewage into State waters

Division 2D—Discharges

23HDefinitions
23IEnvironment Protection Act prevails
23JProhibited discharge into State waters
23KDischarge from ships
23LDuty to report discharges

Division 3—Miscellaneous

24Powers of authorised officers
24CSummary jurisdiction in indictable offences
24DPowers under the Marine (Drug, Alcohol and Pollution Control) Act 1988 additional to powers under this Act
24EReception facilities
25No time limit for prosecution
26Service of summonses
27Evidence
28Enforcement provisions
29Immunity of authorised officers
30Regulations
31Orders
32Prescribing matters by reference to other instruments

Part 3—Ships carrying or using oil

Division 1—Preliminary

34Definitions
34AExecution of documents by Authority

Division 2—Prevention of Pollution from Ships Convention (ships carrying or using oil)

35Definitions
36Regulations to give effect to Regulations 13 to 19 (inclusive) of Annex I
37Ship construction certificate
38Alteration etc. of construction of ships and cancellation of certificates
39Ships to be surveyed periodically
40Requirement for ship construction certificates

Division 3—Prevention of Pollution from Ships Convention (ships carrying noxious liquid substances in bulk)

41Definitions
42Regulations to give effect to Regulation 13 of Annex II
43Chemical tanker construction certificates
44Alteration etc. of construction of ships and cancellation of certificates
45Ships to be surveyed periodically
46Requirement for chemical tanker construction certificates
47Regulations

Division 4—Ships carrying harmful substances

48Interpretation
49Regulations to give effect to Regulations 1 to 6 (inclusive) of Annex III

Division 5—Sewage pollution prevention certificates

50Interpretation
51Regulations to give effect to Regulations 3 and 11 of Annex IV
52Sewage Pollution Prevention Certificates
53Alteration etc. of construction of ships and cancellation of certificates
54Ships to be surveyed periodically
55Requirement for sewage certificates

Schedules

Schedule 1

Schedule 2

Schedule 3

Schedule 4

Schedule 5

Schedule 6

Schedule 7

Schedule 8

Schedule 9

═══════════════

Endnotes

1 General information

2 Table of Amendments

3 Amendments Not in Operation

4 Explanatory details

Version No. 038

Pollution of Waters by Oil and Noxious Substances Act 1986

No. 27 of 1986

Version incorporating amendments as at

8 February 2022

The Parliament of Victoria enacts as follows:

Part 1—Preliminary

1Purpose
The purpose of this Act is to make certain provisions for the protection of the sea and certain waters from pollution by oil and other noxious substances and to implement the Marpol Convention.
2Commencement
This Act comes into operation on a day or days to be proclaimed.
3Definitions
(1)In this Act—
Australian fishing vessel means a fishing vessel that is registered, or entitled to be registered, in Australia or in relation to which an instrument under section 4(2) of the Fisheries Act 1952 of the Commonwealth (as amended and in force for the time being) is in force;
Australian ship means—
(a)a ship registered in Australia; or
(b)an unregistered ship having Australian nationality;

Authority means the Environment Protection Authority continued under section 356 of the Environment Protection Act 2017;

authorised officer means—
(a)a person who is appointed in writing by the Authority for the purposes of this Act; or
(b)an authorised officer within the meaning of the Environment Protection Act 2017; or
(c)a police officer;

Convention means the 1973 Convention as modified and added to by the 1978 Protocol;
fishingvessel means a vessel used or intended to be used for catching fish, whales, seals, walrus or other living resources of the sea or seabed for profit or reward and includes any such vessel in the course of construction but excludes any vessel—
(a)engaged in harvesting or transportation of algae or aquatic plants; or
(b)that is primarily a carrier or a mother vessel;

* * * * *

master in relation to a ship, means a person, other than a pilot, having command or charge of the ship;
Navigation Act means the Navigation Act 1912 of the Commonwealth as amended and in force for the time being;
pleasure vessel means—
(a)a vessel used wholly for the purpose of recreational or sporting activities and not for hire or reward; or
(b)any other vessel declared to be a vessel to which this Act applies by Order of the Authority published in the Government Gazette;

police officer has the same meaning as in the Victoria Police Act 2013;

* * * * *

State waters means—
(a)the territorial sea adjacent to the State;
(b)the sea on the landward side of the territorial sea adjacent to the State that is not within the limits of the State; and
(c)waters within the limits of the State;

the 1973 Convention means the International Convention for the Prevention of Pollution from Ships, 1973 as corrected by the Procès-Verbal of Rectification dated 13 June 1978 (a copy of the English text of which as so corrected is set out in Schedule 1), as affected by any amendment, other than an amendment not accepted by Australia, made under Article 16 of the Convention;
the 1978 Protocol means the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973 (a copy of the English text of which is set out in Schedule 2) as affected by—
(a)the amendments to the Annex to the Protocol adopted on 7 September 1984 (a copy of the English text of which amendments is set out in Schedule 3); and
(aa)the amendments to the Protocol adopted on 5 December 1985 (a copy of the English text of which relating to the Annex of the Protocol is set out in Schedule 4 and a copy of the English text of which relating to Protocol I to the Convention is set out in Schedule 5); and
(b)any other amendment to the Protocol, other than an amendment not accepted by Australia, made under Article VI of the Protocol;

this Part includes the regulations and orders made in pursuance of the regulations;
Tonnage Measurement Convention has the same meaning as in Part XA of the Navigation Act 1912;
trading ship means a ship that is used, or being a ship in the course of construction, is intended to be used, for or in connexion with, any business or commercial activity and, without limiting the generality of the foregoing, includes a vessel that is used, or being a vessel in the course of construction, is intended to be used, wholly or principally for—
(a)the carriage of passengers or cargo for hire or reward; or
(b)the provision of services to ships or shipping, whether for reward or otherwise—

but does not include a Commonwealth ship within the meaning of the Navigation Act or a fishing vessel.
(2)A reference in a section of this Act to a prescribed officer is a reference to the person for the time being occupying, or performing the duties of, a position in a Department or public authority of the State, or an office in a department or public authority of the Commonwealth, that deals with matters arising under that section, or a corresponding provision of an Act of the Commonwealth, being a position or an office that is prescribed for the purposes of that section.
(3)An expression that is used in this Act and in the Convention, otherwise than in an annex to the Convention, (whether or not a particular meaning is assigned to it by the Convention) has, in this Act, the same meaning as in the Convention.
(4)Where, at any time, the gross tonnage applicable to a ship has been determined otherwise than in accordance with the Tonnage Measurement Convention, then, in the application of this Act to the ship at that time, a reference in this Act to the gross tonnage of a ship not expressed in tons shall be taken to be a reference to the gross tonnage of the ship expressed in tons.
(5)For the purposes of this Act—
(a)inter-state voyage and overseas voyage have the same respective meanings as in the Navigation Act; and
(b)an intra-state voyage is a voyage other than an inter-state voyage or an overseas voyage; and
(c)for the purposes of paragraphs (a) and (b), a ship shall be deemed to be proceeding on a voyage from the time when it is got under way for the purpose of proceeding on the voyage until the time when it is got under way for the purpose of proceeding on another voyage.

(6)Where there is a discharge of oil or of an oily mixture or of a liquid substance or a mixture containing a liquid substance on to or into waters or any structure or thing and the whole or any part of the oil or oily mixture or liquid substance or mixture containing a liquid substance eventually enters any State waters, the discharge is for the purposes of this Act deemed to be a discharge into those State waters of the oil or oily mixture or liquid substance or mixture containing a liquid substance.
(7)Where there is a discharge of a harmful substance onto or into any waters or any structure or thing and the whole or any part of the harmful substance eventually enters State waters, the discharge is for the purposes of this Act deemed to be a discharge into those State waters of the harmful substance.
(8)Where there is a discharge of sewage onto or into any waters or any structure or thing and the whole or any part of the sewage eventually enters State waters, the discharge is for the purposes of this Act deemed to be a discharge into those State waters of the sewage.
(9)Where there is a disposal of garbage onto or into any waters or any structure or thing and the whole or any part of the garbage eventually enters State waters, the disposal is for the purposes of this Act deemed to be a disposal into those State waters of the garbage.

3ATransport Integration Act 2010
This Act is transport legislation within the meaning of the Transport Integration Act 2010.

4Act to bind Crown
(1)This Act binds the Crown in right of Victoria and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.
(2)Nothing in this Act renders the Commonwealth or a State or Territory of the Commonwealth liable to be prosecuted for an offence.
(3)Subsection (2) does not affect any liability of any servant or agent of the Commonwealth or of a State or Territory of the Commonwealth to be prosecuted for an offence.
5Saving of other laws
This Act shall be read and construed as being in addition to and not in derogation of any other law of the State.
6Delegation
(1)The Authority may, by instrument, delegate to a person any power of the Authority under this Act, other than this power of delegation.
(2)An authorised officer (other than a police officer) may, by instrument, delegate to any other person any power as an authorised officer under this Act, other than this power of delegation.

Part 2—Prevention of pollution

Division 1—Pollution by oil

7Interpretation
Except in so far as the contrary intention appears, an expression that is used in this Division and in Annex I to the Convention (whether or not a particular meaning is assigned to it by that Annex) has, in this Division, the same meaning as in that Annex.
8Prohibition of discharge of oil or oily mixtures into State waters
(1)Subject to subsections (2) and (4), if any discharge of oil or an oily mixture occurs from a ship into State waters, the master and the owner of the ship are each guilty of an indictable offence punishable, upon conviction—
(a)if the offender is a natural person, by a fine not exceeding 2000 penalty units, or imprisonment for two years, or both;
(b)if the offender is a body corporate, by a fine not exceeding 10 000 penalty units.

(2)Subsection (1) does not apply to the discharge of oil or of an oily mixture from a ship—
(a)for the purpose of securing the safety of a ship or saving life at sea; or
(b)if the oil or oily mixture, as the case may be, escaped from the ship in consequence of damage, other than intentional damage, to the ship or its equipment, and all reasonable precautions were taken after the occurrence of the damage or the discovery of the discharge for the purpose of preventing or minimizing the escape of oil or oily mixture, as the case may be; or
(c)in the case of an oily mixture, if the discharge was for the purpose of combating specific pollution incidents in order to minimize the damage from pollution and was approved by a prescribed officer.

(3)For the purposes of subsection (2), damage to a ship or to its equipment shall be taken to be intentional damage if, and only if, the damage arose in circumstances in which the master or owner of the ship—
(a)acted with intent to cause the damage; or
(b)acted recklessly and with knowledge that damage would probably result.

(4)Without limiting the generality of subsection (2) but subject to subsection (5), subsection (1) does not apply to—
(a)the discharge from an oil tanker of oil or an oily mixture, not being oil or an oily mixture of the kind referred to in paragraph (c), if the following conditions are satisfied—
(i)the oil tanker is not within a special area and is more than 50 nautical miles from the nearest land;
(ii)the oil tanker is proceeding en route;
(iii)the instantaneous rate of discharge of oil content does not exceed 60 litres per nautical mile;
(iv)the total quantity of oil discharged into the sea does not exceed—
(A)in the case of an oil tanker that is an existing tanker—one part in 15 000 parts of the total quantity of the cargo of oil of which oil discharged formed a part; or
(B)in the case of an oil tanker that is a new tanker—one part in 30 000 parts of the total quantity of the cargo of oil of which oil discharged formed a part;
(v)the oil tanker has in operation an oil discharge monitoring and control system and a slop tank arrangement as required by regulations made by virtue of section 36 or made by virtue of section 267A of the Navigation Act;

(b)the discharge from a ship that has a gross tonnage of 400 or more and is not an oil tanker of oil or an oily mixture if the following conditions are satisfied—
(i)the ship is not within a special area and is more than 12 nautical miles from the nearest land;
(ii)the ship is proceeding en route;
(iii)the oil content of the effluent is less than 100 parts in 1 000 000 parts;
(iv)the ship has in operation an oil discharge monitoring and control system, oily-water separating equipment, oil filtering equipment or other installation as required by regulations made by virtue of section 36 or made by virtue of section 267A of the Navigation Act;

(c)the discharge from an oil tanker of oil or an oily mixture, being oil or an oily mixture that is from the machinery space bilges (other than the cargo pump room bilges) of the oil tanker and does not include oil cargo residue, if the conditions specified in paragraph (b) are satisfied in relation to the discharge;
(d)the discharge from an oil tanker, or another ship that has a gross tonnage of 400 or more, of an unprocessed oily mixture, not being an oily mixture that originated from the cargo pump room bilges of the ship or includes oil cargo residue, if the following conditions are satisfied—
(i)the ship is not within a special area;
(ii)the oil content of the unprocessed oily mixture without dilution is not more than 15 parts in 1 000 000 parts;

(e)the discharge from a ship that has a gross tonnage of 400 or more and is not an oil tanker of a processed oily mixture not being an oily mixture that originated from the cargo pump room bilges of the ship or includes oil cargo residue, if the following conditions are satisfied—
(i)the ship is not within a special area;
(ii)the oil content of the effluent without dilution is not more than 15 parts in 1 000 000 parts;
(iii)the ship has in operation oil filtering equipment as required by regulations made by virtue of section 36 or made by virtue of section 267A of the Navigation Act;

(f)the discharge from an oil tanker of a processed oily mixture, being a processed oily mixture that originates from the machinery space bilges (other than the cargo pump room bilges) of the oil tanker and does not include oil cargo residue, if the conditions specified in paragraph (e) are satisfied in relation to the discharge;
(g)the discharge within a special area from an oil tanker, or another ship that has a gross tonnage of 400 or more, of processed bilge water from machinery spaces, not being bilge water that originated from the cargo pump room bilges of the ship or includes oil cargo residue, if the following conditions are satisfied—
(i)the ship is proceeding en route;
(ii)the oil content of the effluent without dilution is not more than 15 parts in 1 000 000 parts;
(iii)the ship has in operation oil filtering equipment as required by regulations made by virtue of section 36 or made by virtue of section 267A of the Navigation Act;
(iv)the oil filtering equipment is equipped with a stopping device that automatically prevents any discharge of effluent when the oil content of the effluent without dilution is more than 15 parts in 1 000 000 parts;

(h)the discharge within a special area from a ship that has a gross tonnage of less than 400 and is not an oil tanker of oil or an oily mixture if—
(i)the oil content of the effluent without dilution is less than 15 parts in 1 000 000 parts; or
(ii)the following conditions are satisfied—
(A)the ship is proceeding en route;
(B)the oil content of the effluent is less than 100 parts in 1 000 000 parts;
(C)the discharge is made as far as practicable from land and is not less than 12 nautical miles from the nearest land;

(i)the discharge, not being a discharge within a special area, from a ship that has a gross tonnage of less than 400 and is not an oil tanker of oil or an oily mixture; or
(j)the discharge from a ship of clean or segregated ballast.

(5)A reference to an oily mixture in subsection (4) shall be read as not including a reference to an oily mixture that contains—
(a)chemicals or other substances in quantities or concentrations that are hazardous to the marine environment; or
(b)chemicals or other substances that have been introduced for the purpose of attempting to prevent the application of subsection (1) to the discharge of an oily mixture from a ship.

(6)In proceedings for an offence against subsection (1) in relation to a ship, it is sufficient for the prosecution to allege and prove that a discharge of oil or of an oily mixture occurred from the ship into State waters, but it is a defence if it is proved that, by virtue of subsection (2) or (4), subsection (1) does not apply in relation to the discharge.
9Oil residues
(1)Subject to subsection (2), if any oil residues that cannot be discharged from a ship into State waters without the commission of an offence against section 8(1) are not retained on board the ship when the ship is in State waters, the master and the owner of the ship are each guilty of an indictable offence punishable, upon conviction—
(a)if the offender is a natural person, by a fine not exceeding 2000 penalty units, or imprisonment for two years, or both;
(b)if the offender is a body corporate, by a fine not exceeding 10 000 penalty units.

(2)Oil residues may be discharged from a ship to a reception facility provided in accordance with Regulation 12 of Annex I to the Convention.
10Duty to report certain incidents involving oil or an oily mixture
(1)Where a prescribed incident occurs in relation to a ship in State waters, the master of the ship shall, without delay, notify, in the prescribed manner, a prescribed officer of the incident.
Penalty:500 penalty units or imprisonment for one year or both.

(1A)An offence against subsection (1) is an indictable offence.

(2)In a prosecution of a person for an offence against subsection (1) in relation to a prescribed incident, it is a defence if the person proves that the person was unable to comply with the subsection in relation to the incident.
(3)Where a prescribed incident occurs in relation to a ship in State waters and—
(a)the master of the ship is unable to comply with subsection (1) in relation to the incident; or

(b)the incident occurs in circumstances in which the ship is abandoned—

the owner, charterer, manager or operator of the ship or an agent of the owner, charterer, manager or operator of the ship shall, without delay, notify, in the prescribed manner, a prescribed officer of the incident and, if a prescribed officer is not so notified, each of those persons is guilty of an indictable offence punishable, upon conviction—
(c)if the offender is a natural person, by a fine not exceeding 500 penalty units, or imprisonment for one year, or both; or
(d)if the offender is a body corporate, by a fine not exceeding 2500 penalty units.

(4)In a prosecution of a person for an offence against subsection (3) in relation to a prescribed incident in relation to a ship, it is a defence if the person proves—
(a)that the person was not aware of the incident; or
(b)in the case of a prescribed incident to which subsection (3)(a) applies—that the person neither knew nor suspected that the master of the ship was unable to comply with subsection (1) in relation to the incident.

(5)Subsection (4) shall not be taken to limit by implication any defence that would, but for that subsection, be available to a person charged with an offence against subsection (3).
(6)A master of a ship who, pursuant to subsection (1), has notified a prescribed officer of the occurrence of a prescribed incident shall, if so requested by a prescribed officer, furnish, within

the prescribed time, a report to a prescribed officer in relation to the incident in accordance with the prescribed form.
Penalty:200 penalty units.

(7)Where subsection (3) applies in relation to a prescribed incident in relation to a ship, a person who, pursuant to that subsection, has notified a prescribed officer of the occurrence of the prescribed incident shall, if so requested by a prescribed officer, furnish, within the prescribed time, a report to a prescribed officer in relation to the incident in accordance with the prescribed form.
Penalty:200 penalty units.

(8)A person shall not, in a notice given to a prescribed officer pursuant to subsection (1) or (3) or in a report furnished to a prescribed officer pursuant to subsection (6) or (7), knowingly or recklessly make a statement that is false or misleading in a material particular.
Penalty:200 penalty units.

(9)A notice given to a prescribed officer pursuant to subsection (1) or (3), and a report furnished to a prescribed officer pursuant to subsection (6) or (7), shall not, without the consent of the person charged, be admitted in evidence in a prosecution for an offence against section 8(1).
(10)In this section, prescribed incident, in relation to a ship, means—
(a)a discharge from the ship of oil or an oily mixture, not being a discharge to which section 8(4) applies; or

(b)an incident involving the probability of a discharge from the ship of oil or an oily mixture, not being a discharge to which section 8(4) would apply.

11Oil record book
(1)This section applies to—
(a)a trading ship proceeding on an intra-state voyage; or
(b)an Australian fishing vessel proceeding on a voyage other than an overseas voyage; or
(c)a pleasure vessel—

that—
(a)is an oil tanker; or
(b)has a gross tonnage of 400 or more and is not an oil tanker.

(2)Every ship to which this section applies shall carry such oil record books as are required by the regulations to be carried on the ship.
(3)An oil record book shall be in accordance with the appropriate prescribed form with provision made for a signature, in accordance with subsection (6), in relation to each entry made in it and for a signature, in accordance with subsection (7), in relation to each page of it.
(4)If a ship to which this section applies does not carry an oil record book as required by this section, the master and the owner of the ship are each guilty of an offence punishable, upon conviction, by a fine not exceeding—
(a)if the offender is a natural person—200 penalty units; or

(b)if the offender is a body corporate—1000 penalty units.

(5)Whenever a prescribed operation or prescribed occurrence is carried out or occurs in, or in relation to, a ship to which this section applies, the master of the ship shall make, without delay, appropriate entries in, or cause appropriate entries to be made, without delay, in the ship's oil record book, being entries in accordance with subsection (6).
Penalty:200 penalty units.

(6)An entry in a ship's oil record book—
(a)must be made in the English language; and
(b)must be signed by the master of the ship and, in the case of an entry made in relation to a prescribed operation, by the officer or other person in charge of the operation.

(7)Where a page of a ship's oil record book is completed, the master of the ship shall, without delay, sign the page.
Penalty:200 penalty units.

12False entries in oil record book
A person must not make, in an oil record book of a ship to which section 11 applies, an entry that is false or misleading in a material particular.
Penalty:200 penalty units.

13Oil record book to be retained
(1)An oil record book of a ship to which section 11 applies must be retained—
(a)in the ship; or

(b)at the registered office in the State of the owner—

until the expiration of a period 3 years after the day on which the last entry was made in the book and must be readily available for inspection at all reasonable times.
(2)Where an oil record book is not retained in accordance with subsection (1), the master and the owner of the ship are each guilty of an offence punishable, upon conviction, by a fine not exceeding—
(a)if the offender is a natural person—200 penalty units; or
(b)if the offender is a body corporate—1000 penalty units.

(3)The owner of a ship to which section 11 applies who resides in the State, or has an office or agent in the State, may from time to time furnish to a prescribed officer notice, in writing, of an address, being the address of—
(a)the place in the State at which the person so resides;
(b)the office of the person in the State, or if the person has more than one office in the State, the principal office in the State; or
(c)the office or place of residence in the State of an agent or, if the agent has more than one office in the State, the principal office in the State of the agent—

and the place or office of which an address is furnished for the time being under this subsection is the registered office in the State of the owner of the ship for the purposes of subsection (1).

(4)If the owner of a ship to which section 11 applies does not reside in the State and does not have an office or agent in the State, the owner may deposit an oil record book of the ship with a prescribed officer and, while the book is so deposited, the book is, for the purposes of subsection (1), deemed to be retained at the registered office in the State of the owner.

Division 2—Pollution by noxious substances

14Definitions
(1)In this Division—
Annex II means Annex II to the Convention;
liquid substance does not include oil;
mixture includes ballast water, tank washings and other residues;
oil has the same meaning as it has in Division 1.

(2)An expression that is used in this Division and in Annex II (whether or not a particular meaning is assigned to it by that Annex) has, in this Division, the same meaning as in that Annex.
15Application of Part to mixture of oil and liquid substance
If a mixture contains oil and a liquid substance or oil and liquid substances, Division 1 and this Division apply in relation to the mixture.
16Categories of noxious liquid substances
(1)The regulations may declare that a liquid substance specified in the regulations is, for the purposes of this Act, deemed to be designated in Appendix II to Annex II and to be categorized in a category specified in the regulations, being Category A, B, C or D.
(2)Where, in accordance with subsection (1), the regulations declare that a liquid substance is deemed to be designated in Appendix II to Annex II and to be categorized in Category A, the regulations shall declare that, for the purposes of this Act—
(a)a residual concentration specified in the regulations shall be deemed to be the residual concentration prescribed for that substance in column III of that Appendix; and
(b)a residual concentration specified in the regulations shall be deemed to be the residual concentration prescribed for that substance in column IV of that Appendix.

(3)The regulations may declare that a liquid substance designated in Appendix II to Annex II is, for the purposes of this Act, deemed not to be so designated.
(4)The regulations may declare that a liquid substance designated in Appendix II to Annex II and categorized in a particular category is, for the purposes of this Act, deemed not to be so categorized but to be categorized in a category specified in the regulations.
17Appendix III substances
(1)The regulations may declare that a liquid substance specified in the regulations is, for the purposes of this Act, deemed to be listed in Appendix III to Annex II.
(2)The regulations may declare that a liquid substance listed in Appendix III to Annex II is, for the purposes of this Act, deemed not to be so listed.

18Prohibition of discharge of substances into State waters
(1)Subject to subsection (2) and subsections (4) to (12) (inclusive), if any discharge of a liquid substance, or of a mixture containing a liquid substance, being a substance or mixture carried as cargo or part cargo in bulk, occurs from a ship into State waters, the master and the owner of the ship are each guilty of an indictable offence punishable, upon conviction—
(a)if the offender is a natural person, by a fine not exceeding 2000 penalty units, or imprisonment for two years, or both;
(b)if the offender is a body corporate, by a fine not exceeding 10 000 penalty units.

(2)Subsection (1) does not apply to the discharge of a liquid substance or a mixture from a ship—
(a)for the purpose of securing the safety of a ship or saving life at sea; or
(b)if the substance or the mixture, as the case may be, escaped from the ship in consequence of damage, other than intentional damage, to the ship or its equipment, and all reasonable precautions were taken after the occurrence of the damage or the discovery of the discharge for the purpose of preventing or minimizing the escape of the substance or the mixture, as the case may be; or
(c)if the discharge was for the purpose of combating specific pollution incidents in order to minimize the damage from pollution and was approved by a prescribed officer.

(3)For the purposes of subsection (2), damage to a ship or to its equipment shall be taken to be intentional damage if, and only if, the damage arose in circumstances in which the master or owner of the ship—
(a)acted with intent to cause the damage; or
(b)acted recklessly and with knowledge that damage would probably result.

(4)Without limiting the generality of subsection (2), (5) or (12) but subject to subsection (13), where—
(a)the tank of a ship that held a substance in Category A or a mixture containing a substance in Category A has been cleaned in accordance with regulations made under section 23; and
(b)the resulting residues in the tank have been discharged to a reception facility until the concentration of that substance in the effluent to that facility is, in the opinion of an authorised officer, at or below the residual concentration prescribed for that substance in column III of Appendix II to Annex II and until the tank is empty; and
(c)the residue then remaining in the tank has been subsequently diluted by the addition of a volume of water—

subsection (1) does not apply to the discharge from the ship of the water containing that residue if the following conditions are satisfied—
(d)the discharge is made when the ship is not within a special area; and
(e)the discharge is made when the ship is proceeding en route at a speed of—
(i)where the ship is self-propelled, at least 7 knots; or
(ii)where the ship is not self-propelled, at least 4 knots; and

(f)the discharge is made below the water line of the ship taking into account the location of the sea-water intakes; and
(g)the discharge is made when the ship is at a distance of not less than 12 nautical miles from the nearest land and is in a depth of water of not less than 25 metres.

(5)Without limiting the generality of subsection (2), (4) or (12) but subject to subsection (13), if—
(a)the tank of a ship that held a substance in Category A or a mixture containing a substance in Category A has been washed in accordance with regulations made under section 23;
(b)the resulting residues in the tank have been discharged to a reception facility provided in accordance with Regulation 7 of Annex II by a State bordering a special area until the concentration of that substance in the effluent to that facility is, in the opinion of an authorised officer, at or below the residual concentration prescribed for that substance in column IV of Appendix II to Annex II and until the tank is empty; and
(c)the residue then remaining in the tank has been subsequently diluted by the addition of a volume of water—

subsection (1) does not apply to the discharge into State waters of the water containing that residue if the conditions specified in paragraphs (e), (f) and (g) of subsection (4) are satisfied in relation to the discharge from the ship.

(6)Without limiting the generality of subsection (2), (7) or (12) but subject to subsection (13), subsection (1) does not apply to the discharge from a ship of—
(a)a substance in Category B; or
(b)a mixture containing a substance in Category B, not being a mixture containing a substance in Category A—

if the following conditions are satisfied—
(c)the discharge is made when the ship is not within a special area; and
(d)the discharge is made when the ship is proceeding en route at a speed of—
(i)where the ship is self-propelled, at least 7 knots; or
(ii)where the ship is not self-propelled, at least 4 knots; and

(e)the procedures and arrangements for the discharge have been approved by a prescribed officer, being procedures and arrangements that ensure that the concentration and rate of discharge of the effluent is such that the concentration of the substance in Category B in the wake astern of the ship does not exceed 1 part in 1 000 000 parts; and
(f)the maximum quantity of cargo discharged from each tank of the ship (including the associated piping system of the tank) does not exceed the maximum quantity specified in the procedures referred to in paragraph (e), not being a quantity exceeding 1 cubic metre or 1 part in 3000 parts of the tank capacity in cubic metres, whichever is the greater; and
(g)the discharge is made below the water line of the ship, taking into account the location of the sea-water intakes; and
(h)the discharge is made when the ship is at a distance of not less than 12 nautical miles from the nearest land and in a depth of water of not less than 25 metres.

(7)Without limiting the generality of subsection (2), (6) or (12) but subject to subsection (13), where—
(a)the tank of a ship that held—
(i)a substance in Category B; or
(ii)a mixture containing a substance in Category B, not being a mixture containing a substance in Category A—

has been pre-washed in accordance with a procedure approved by a prescribed officer; and
(b)the resulting tank washings have been discharged to a reception facility—

subsection (1) does not apply to the discharge from the ship of the residue in that tank if the conditions specified in paragraphs (d), (e), (g) and (h) of subsection (6) are satisfied in relation to the discharge from the ship.
(8)Without limiting the generality of subsection (2), (9) or (12) but subject to subsection (13), subsection (1) does not apply to the discharge from a ship of—

(a)a substance in Category C; or

(b)a mixture containing a substance in Category C, not being a mixture containing a substance in Category A or B—

if the following conditions are satisfied—
(c)the discharge is made when the ship is not within a special area; and
(d)the discharge is made when the ship is proceeding en route at a speed of—
(i)where the ship is self-propelled, at least 7 knots; or
(ii)where the ship is not self-propelled, at least 4 knots; and

(e)the procedures and arrangements for the discharge have been approved by a prescribed officer, being procedures and arrangements that ensure that the concentration and rate of discharge of the effluent are such that the concentration of the substance in Category C in the wake astern of the ship does not exceed 10 parts in 1 000 000 parts; and
(f)the maximum quantity of cargo discharged from each tank of the ship (including the associated piping system of the tank) does not exceed the maximum quantity specified in the procedures referred to in paragraph (e), not being a quantity exceeding 3 cubic metres or 1 part in 1000 parts of the tank capacity in cubic metres, whichever is the greater; and
(g)the discharge is made below the water line of the ship, taking into account the location of the sea-water intakes; and

(h)the discharge is made when the ship is at a distance of not less than 12 nautical miles from the nearest land and in a depth of water of not less than 25 metres.

(9)Without limiting the generality of subsection (2), (8) or (12) but subject to subsection (13), subsection (1) does not apply to the discharge from a ship of—
(a)a substance in Category C; or
(b)a mixture containing a substance in Category C, not being a mixture containing a substance in Category A or B—

if the following conditions are satisfied—
(c)the discharge is made when the ship is proceeding en route at a speed of—
(i)where the ship is self-propelled, at least 7 knots; or
(ii)where the ship is not self-propelled, at least 4 knots; and

(d)the procedures and arrangements for the discharge have been approved by a prescribed officer, being procedures and arrangements that ensure that the concentration and rate of discharge of the effluent are such that the concentration of the substance in Category C in the wake astern of the ship does not exceed 1 part in 1 000 000 parts; and
(e)the maximum quantity of cargo discharged from each tank of the ship (including the associated piping system of the tank) does not exceed the maximum quantity specified in the procedures referred to in paragraph (d), not being a quantity exceeding 1 cubic metre or 1 part in 3000 parts of the tank capacity in cubic metres, whichever is the greater; and
(f)the discharge is made below the water line of the ship, taking into account the location of the sea-water intakes; and
(g)the discharge is made when the ship is at a distance of not less than 12 nautical miles from the nearest land and in a depth of water of not less than 25 metres.

(10)Without limiting the generality of subsection (2) or (12) but subject to subsection (13), subsection (1) does not apply to the discharge from a ship of—
(a)a substance in Category D; or
(b)a mixture containing a substance in Category D, not being a mixture containing a substance in Category A, B or C—

if the following conditions are satisfied—
(c)the discharge is made when the ship is proceeding en route at a speed of—
(i)where the ship is self-propelled, at least 7 knots; or
(ii)where the ship is not self-propelled, at least 4 knots; and

(d)the substance or mixture has been mixed with water so that the concentration of the substance in Category D in the effluent does not exceed 1 part in 11 parts; and
(e)the discharge occurs when the ship is not less than 12 nautical miles from the nearest land.

(11)Without limiting the generality of subsection (2), subsection (1) does not apply to the discharge from a ship of bilge water, or of a mixture resulting from tank cleaning or de-ballasting operations, that contains a liquid substance, or liquid substances, listed in Appendix III to Annex II but does not contain any other liquid substance.
(12)Without limiting the generality of subsection (2) or subsections (4) to (10) (inclusive), subsection (1) does not apply to the discharge from a ship of clean ballast or segregated ballast.
(13)Subsections (4) to (10) (inclusive) do not apply in relation to a mixture that contains a liquid substance that is neither a noxious liquid substance nor a liquid substance listed in Appendix III to Annex II.
(14)In proceedings for an offence against subsection (1) in relation to a ship, it is sufficient for the prosecution to allege and prove that a discharge of a substance, or a mixture containing a substance, carried as cargo of the ship occurred from the ship into State waters, but it is a defence if it is proved that, by virtue of subsection (2), (4), (5), (6), (7), (8), (9), (10), (11) or (12), subsection (1) does not apply in relation to the discharge.
(15)In this section, authorised officer includes a surveyor appointed or authorized by the Government of a country that is a Party to the Convention for the purpose of implementing Regulation 8 of Annex II.

18ACertain liquid substances to be treated as oil
(1)Despite any other provision of this Act, a prescribed substance in Category C or D, being a substance that has been identified by the Organization as an oil-like substance under criteria developed by the Organization, may be carried on an oil tanker within the meaning of Part 2 if the following conditions are satisfied—
(a)the oil tanker complies with the provisions of Annex I of the Convention as applicable to product carriers within the meaning of that Annex; and
(b)the oil tanker carries an International Oil Pollution Prevention Certificate and its Supplement B, being a certificate that has an endorsement—
(i)that indicates that the ship is permitted to carry oil-like substances in conformity with Regulation 14 of Annex II of the Convention; and
(ii)that specifies the oil-like substances or substances that the tanker is permitted to carry; and

(c)the prescribed substance is the substance, or a substance, referred to in paragraph (b)(ii); and
(d)in the case of a substance in Category C—the tanker complies with the ship type 3 damage stability requirements of—
(i)in the case of a tanker constructed on or after 1 July 1986—the International Bulk Chemical Code; or

(ii)in the case of a tanker constructed before 1 July 1986—the Bulk Chemical Code applicable under Regulation 13 of Annex II of the Convention; and

(e)the oil content meter in the oil discharge monitoring and control system of the tanker has been approved by an authorised officer for use in monitoring the oil-like substances to be carried.

(2)Where, by virtue of subsection (1), a substance is carried on an oil tanker within the meaning of Part 2—
(a)section 8 applies in relation to the discharge of the substance as if the substance were oil within the meaning of Part 2; and
(b)section 18 does not apply in relation to the discharge of the substance.

19Duty to report certain incidents involving certain substances
(1)Where a prescribed incident occurs in relation to a ship in State waters, the master of the ship shall, without delay, notify, in the prescribed manner, a prescribed officer of the incident.
Penalty: 500 penalty units, or imprisonment for

one year, or both.
(1A)An offence against subsection (1) is an indictable offence.

(2)In a prosecution of a person for an offence against subsection (1) in relation to a prescribed incident, it is a defence if the person proves that the person was unable to comply with the subsection in relation to the incident.
(3)Where a prescribed incident occurs in relation to a ship in State waters and—
(a)the master of the ship is unable to comply with subsection (1) in relation to the incident; or
(b)the incident occurs in circumstances in which the ship is abandoned—

the owner, charterer, manager or operator of the ship or an agent of the owner, charterer, manager or operator of the ship shall, without delay, notify, in the prescribed manner, a prescribed officer of the incident and, if a prescribed officer is not so notified, each of those persons is guilty of an indictable offence punishable, upon conviction—
(c)if the offender is a natural person, by a fine not exceeding 500 penalty units, or imprisonment for one year, or both; or
(d)if the offender is a body corporate, by a fine not exceeding 2500 penalty units.

(4)In a prosecution of a person for an offence against subsection (3) in relation to a prescribed incident in relation to a ship, it is a defence if the person proves—
(a)that the person was not aware of the incident; or
(b)in the case of a prescribed incident to which subsection (3)(a) applies—that the person neither knew nor suspected that the master of the ship was unable to comply with subsection (1) in relation to the incident.

(5)Subsection (4) shall not be taken to limit by implication any defence that would, but for that subsection, be available to a person charged with an offence against subsection (3).
(6)A master of a ship who, pursuant to subsection (1), has notified a prescribed officer of the occurrence of a prescribed incident shall, if so requested by a prescribed officer, furnish, within the prescribed time, a report to a prescribed officer in relation to the incident in accordance with the prescribed form.
Penalty:     200 penalty units.
(7)Where subsection (3) applies in relation to a prescribed incident in relation to a ship, a person who, pursuant to that subsection, has notified a prescribed officer of the occurrence of the prescribed incident shall, if so requested by a prescribed officer, furnish, within the prescribed time, a report to a prescribed officer in relation to the incident in accordance with the prescribed form.
Penalty:     200 penalty units.
(8)A person shall not, in a notice given to a prescribed officer pursuant to subsection (1) or (3) or in a report furnished to a prescribed officer pursuant to subsection (6) or (7), knowingly or recklessly make a statement that is false or misleading in a material particular.
Penalty:     200 penalty units.
(9)A notice given to a prescribed officer pursuant to subsection (1) or (3), and a report furnished to a prescribed officer pursuant to subsection (6) or (7), shall not, without the consent of the person charged, be admitted in evidence in a prosecution for an offence against section 18(1).

(10)In this section—
liquid substance does not include a substance listed in Appendix III to Annex II;
prescribed incident, in relation to a ship, means—
(a)a discharge from the ship of a liquid substance, or a mixture containing a liquid substance, carried as cargo or part cargo in bulk, not being a discharge to which section 18(4), (5), (6), (7), (8), (9), (10), (11) or (12) applies; or
(b)an incident involving the probability of a discharge from the ship of a liquid substance, or a mixture containing a liquid substance, carried as cargo or part cargo in bulk, not being a discharge to which section 18(4), (5), (6), (7), (8), (9), (10), (11) or (12) would apply.

20Cargo record book
(1)This section applies to a trading ship proceeding on an intra-state voyage that carries liquid substance in bulk.
(2)A cargo record book shall be carried in every ship to which this section applies.
(3)A cargo record book shall be in accordance with the prescribed form with provision made for a signature, in accordance with subsection (7), in relation to each entry made in it and for a signature, in accordance with subsection (8), on each page of it.

(4)Where a ship to which this section applies does not carry a cargo record book as required by this section, the master and the owner of the ship are each guilty of an offence punishable, upon conviction, by a fine not exceeding—
(a)if the offender is a natural person—200 penalty units; or

(b)if the offender is a body corporate—1000 penalty units.

(5)Whenever a prescribed operation or occurrence is carried out or occurs in, or in relation to, a ship to which this section applies, the master of the ship shall make, without delay, appropriate entries in, or cause appropriate entries to be made without delay in, the ship's cargo record book, being entries in accordance with subsection (7).
Penalty: 200 penalty units.
(6)Where an authorised officer has inspected a ship to which this section applies, the authorised officer must make, without delay, appropriate entries in the ship's cargo record book in accordance with subsection (7).
(7)An entry in a ship's cargo record book—
(a)must be made in the English language; and
(b)in the case of an entry made in relation to a prescribed operation, must be signed by the officer or other person in charge of the operation.

(8)Where a page of a ship's cargo record book is completed, the master of the ship shall, without delay, sign the page.
Penalty: 200 penalty units.

21False entries in cargo record book
A person must not make, in a cargo record book of a ship to which section 20 applies, an entry that is false or misleading in a material particular.
Penalty: 200 penalty units.
22Cargo record book to be retained
(1)A cargo record book of a ship to which section 20 applies must be retained in the ship until the expiration of a period of one year after the day on which the last entry was made in the book and must be readily available for inspection at all reasonable times.
(2)Where a cargo record book is not retained in a ship in accordance with subsection (1), the master and the owner of the ship are each guilty of an offence punishable, upon conviction, by a fine not exceeding—
(a)if the offender is a natural person—200 penalty units; or

(b)if the offender is a body corporate—1000 penalty units.

(3)The owner of a ship to which section 20 applies shall cause each of the ship's cargo record books to be retained—
(a)in the ship; or
(b)at the registered office in the State of the owner—

until the expiration of the period of two years next following the expiration of the period during which the book is required to be retained in the ship by virtue of subsection (1) and to be readily available for inspection at all reasonable times.
(4)Where a cargo record book of a ship is not retained in accordance with subsection (3), the owner of the ship is guilty of an offence punishable, upon conviction, by a fine not exceeding—
(a)if the owner is a natural person—200 penalty units; or

(b)if the owner is a body corporate—1000 penalty units.

(5)The owner of a ship to which section 20 applies who resides in the State, or has an office or agent in the State, may from time to time furnish to a prescribed officer notice, in writing, of an address, being the address of—
(a)the place in the State at which he so resides; or
(b)his office in the State or, if the owner has more than one office in the State, the principal office in the State; or
(c)the office or place of residence in the State of an agent or, if the agent has more than one office in the State, the principal office in the State of the agent—

and the place or office of which an address is furnished for the time being under this subsection is the registered office in the State of the owner of the ship for the purposes of subsection (3).

(6)Where the owner of a ship to which section 20 applies does not reside in the State and does not have an office or agent in the State, the owner may deposit a cargo record book of the ship with a prescribed officer and, while the book is so deposited, the book is, for the purposes of subsection (3), deemed to be retained at the registered office in the State of the owner.
23Cleaning of tanks of ships
The regulations may make provision for and in relation to giving effect to Regulation 8 of Annex II.

Division 2A—Prevention of pollution by garbage

23AInterpretation
Except in so far as the contrary intention appears, an expression that is used in this Division and in Annex V to the Convention (whether or not a particular meaning is assigned to it by that Annex) has, in this Division, the same meaning as in that Annex.

23BProhibition of disposal of garbage into State waters
(1)Subject to subsections (2) to (8) (inclusive), if any disposal of garbage occurs from a ship into State waters, the master and the owner of the ship are each guilty of an indictable offence punishable, upon conviction—
(a)if the offender is a natural person, by a fine not exceeding 2000 penalty units, or imprisonment for 2 years, or both; or
(b)if the offender is a body corporate, by a fine not exceeding 10 000 penalty units.

(2)Subsection (1) does not apply to the disposal of garbage from a ship for the purpose of securing the safety of the ship and the persons on board the ship or of saving life at sea.
(3)Without limiting the generality of subsection (2) but subject to subsection (8), subsection (1) does not apply to the disposal of garbage (being dunnage, lining or packing materials which will float and are not plastics) from a ship into the sea if the following conditions are satisfied—
(a)the disposal takes place when the ship is not within a special area; and
(b)the disposal takes place when the ship is as far as practicable from, and is at a distance of not less than 25 nautical miles from, the nearest land; and
(c)the disposal takes place when the ship is not alongside, or within 500 metres of, a fixed or floating platform engaged in the exploration, exploitation and associated offshore processing of seabed mineral resources.

(4)Without limiting the generality of subsection (2) but subject to subsection (8), subsection (1) does not apply to the disposal of garbage (not being plastics, garbage referred to in subsection (3) or food wastes) from a ship into State waters if the following conditions are satisfied—
(a)the disposal occurs when the ship is not within a special area; and
(b)the disposal occurs when the ship is as far as practicable from the nearest land; and

(c)except where paragraph (d) applies—the ship is at a distance of not less than 12 nautical miles from the nearest land; and
(d)where the garbage is passed through a comminuter or grinder so that it is capable of passing through a screen with no opening greater than 25 millimetres—when the ship is at a distance of not less than 3 nautical miles from the nearest land; and
(e)the disposal occurs when the ship is not alongside or within 500 metres of, a platform of a kind referred to in subsection (3)(c).

(5)Without limiting the generality of subsection (2) but subject to subsection (8), subsection (1) does not apply to the disposal of garbage, being food wastes, from a ship into the sea if—
(a)the following conditions are satisfied—
(i)the disposal occurs when the ship is as far as practicable from, and is at a distance of not less than 12 nautical miles from, the nearest land; or

(ii)the disposal occurs when the ship is not alongside, or within 500 metres of, a platform of a kind referred to in subsection (3)(c);

(b)the conditions referred to in subsection (4)(a), (b) and (d) are satisfied.

(6)Where garbage escapes from a ship into State waters because of damage to the ship or its equipment, subsection (1) does not apply to the disposal of the garbage if all reasonable precautions were taken before and after the occurrence of the damage for the purpose of preventing or minimising the escape of the garbage.
(7)Where a synthetic fishing net, or synthetic material used in the repair of such a net, on a ship is accidentally lost at sea, subsection (1) does not apply to the disposal of the net or material if all reasonable precautions were taken to prevent the loss.
(8)Without limiting the generality of subsection (2), where—
(a)garbage is mixed with matter the discharge or disposal of which from a ship into State waters is prohibited under another Division unless certain conditions are complied with; and
(b)the conditions referred to in paragraph (a) are more stringent than the conditions referred to in subsections (3) to (7) (inclusive)—

subsection (1)—
(c)applies to the disposal of the garbage from a ship notwithstanding that the conditions referred to in subsection (3), (4), (5), (6) or (7) are complied with; but
(d)does not apply to the disposal of the garbage from a ship if those more stringent requirements are complied with.

(9)In proceedings for an offence against subsection (1) in relation to a ship, it is sufficient for the prosecution to allege and prove that garbage was disposed of from the ship into State waters, but it is a defence if it is proved that, by virtue of subsection (2), (3), (4), (5), (6), (7) or (8), subsection (1) does not apply in relation to the disposal.
(10)In this section, plastics includes synthetic ropes, synthetic fishing nets and plastic garbage bags.

Division 2B—Prevention of pollution by packaged harmful substances

23CDefinition
(1)In this Division—harmful substance means a substance which is identified as a marine pollutant in the International Maritime Dangerous Goods (IMDG) Code.
(2)Except in so far as a contrary intention appears, an expression that is used in this Division and in Annex III to the Convention (whether or not a particular meaning is assigned to it by that Annex) has, in this Division, the same meaning as in that Annex.

23DDuty to report certain incidents involving harmful substances
(1)Where a prescribed incident occurs in State waters in relation to a ship, the master of the ship must, without delay, notify a prescribed officer of the incident, in the prescribed manner, and if a prescribed officer is not so notified the master is guilty of an indictable offence punishable upon conviction by a fine not exceeding 500 penalty units, or imprisonment for 1 year, or both.
(2)In a prosecution of a person for an offence against subsection (1) in relation to a prescribed incident, it is a defence if the person proves that the person was unable to comply with the subsection in relation to the incident.

(3)Where a prescribed incident occurs in State waters in relation to a ship and—
(a)the master of the ship is unable to comply with subsection (1) in relation to the incident; or
(b)the incident occurs in circumstances in which the ship is abandoned—

the owner, charterer, manager or operator of the ship or an agent of the owner, charterer, manager or operator of the ship shall, without delay, notify a prescribed officer of the incident, in the prescribed manner, and, if a prescribed officer is not so notified, each of those persons is guilty of an indictable offence punishable, upon conviction—
(c)if the offender is a natural person by a fine not exceeding—500 penalty units or imprisonment for 1 year or both; or
(d)if the offender is a body corporate by a fine not exceeding—2500 penalty units.

(4)In a prosecution of a person for an offence against subsection (3) in relation to a prescribed incident in relation to a ship, it is a defence if the person proves—
(a)that the person was not aware of the incident; or
(b)in the case of a prescribed incident to which subsection (3)(a) applies, that the person neither knew nor suspected that the master of the ship was unable to comply with subsection (3) in relation to the incident.

(5)Subsection (4) shall not be taken to limit by implication any defence that would, but for that subsection, be available to a person charged with an offence against subsection (3).
(6)A master of a ship who, pursuant to subsection (1), has notified a prescribed officer of the occurrence of a prescribed incident must, if so requested by a prescribed officer, give, within the prescribed time, a report to a prescribed officer in relation to the incident in accordance with the prescribed form.
Penalty:     200 penalty units.
(7)Where subsection (3) applies in relation to a prescribed incident in relation to a ship, a person who, pursuant to that subsection, has notified a prescribed officer of the occurrence of the prescribed incident must, if so requested by a prescribed officer give, within the prescribed time, a report to a prescribed officer in relation to the incident in accordance with the prescribed form.
Penalty:     200 penalty units.
(8)A person must not, in a notice given to a prescribed officer pursuant to subsection (1) or (3) or in a report given to a prescribed officer to subsection (6) or (7), knowingly or recklessly make a statement that is false or misleading in a material particular.
Penalty:     200 penalty units.
(9)A notice given to a prescribed officer to subsection (1) or (3), and a report given to a prescribed officer pursuant to subsection (6) or (7), must not, without the consent of the person charged, be admitted in evidence in a prosecution for an offence against section 23E.
(10)In this section, prescribed incident, in relation to a ship means—
(a)a discharge from the ship of a harmful substance carried as cargo in a packaged form or in a freight container, portable tank or road and rail tank wagon, not being a discharge occurring because the substance was washed overboard in accordance with the regulations or orders made pursuant to the regulations; or
(b)an incident involving the probability of a discharge from the ship of a harmful substance carried as cargo in packaged form or in a freight container, portable tank or road and rail tank wagon, not being a discharge occurring because the substance was washed overboard in accordance with the regulations or orders made pursuant to the regulations.

23EProhibition of discharge by jettisoning of harmful substances into State waters
(1)Subject to subsections (2) and (3), if any discharge by jettisoning of a harmful substance, being a substance carried as cargo in packaged form or in a freight container, portable tank or road and rail tank wagon, occurs from a ship into State waters, the master and the owner of the ship are each guilty of an offence punishable, upon conviction—
(a)if the offender is a natural person, by a fine not exceeding 2000 penalty units, or imprisonment for 2 years, or both; or
(b)if the offender is a body corporate, by a fine not exceeding 10 000 penalty units.

(2)Subsection (1) does not apply to the discharge of a harmful substance from a ship for the purposes of securing the safety of the ship or saving life at sea.
(3)Where a harmful substance referred to in subsection (1) is discharged from a ship into State waters because of a leakage of the substance, the substance shall, for the purposes of this section, be taken to have been discharged by jettisoning, but subsection (1) does not apply to the discharge if—
(a)the substance was washed overboard from the ship in accordance with regulations or orders made pursuant to regulations; or
(b)the substance was washed overboard from the ship otherwise than in accordance with such regulations or orders in circumstances where compliance with such regulations or orders would have impaired the safety of the ship or of persons on board the ship.

(4)In proceedings for an offence against subsection (1) in relation to a ship it is sufficient for the prosecution to allege and prove that a discharge of a harmful substance referred to in subsection (1) occurred from the ship into State waters, but it is a defence if it is proved that, by virtue of subsection (2) or (3), subsection (1) does not apply in relation to the discharge.

Division 2C—Prevention of pollution by sewage

23FInterpretation
Except in so far as the contrary intention appears, an expression that is used in this Division and in Annex IV to the Convention (whether or not a particular meaning is assigned to it by that Annex) has, in this Division the same meaning as in the Annex.

23GProhibition of discharge of sewage into State waters
(1)Subject to subsections (2) to (6) (inclusive), if any discharge of sewage occurs from a ship into State waters, the master and the owner of the ship are each guilty of an indictable offence punishable upon conviction—
(a)if the offender is a natural person, by a fine not exceeding 2000 penalty units, or imprisonment for 2 years, or both; or

(b)if the offender is a body corporate, by a fine not exceeding 10 000 penalty units.

(2)Subsection (1) does not apply to the discharge of sewage from a ship—
(a)for the purposes of securing the safety of a ship and persons on board the ship or of saving life at sea; or
(b)in a case where the sewage escaped from the ship in consequence of damage to the ship or its equipment and all reasonable precautions were taken before and after the occurrence of the damage for the purpose of preventing or minimising the escape of the sewage.

(3)Without limiting the generality of subsection (2) but subject to subsection (5), subsection (1) does not apply to the discharge of sewage from a ship if the following conditions are satisfied:
(a)Where the sewage has been comminuted and disinfected using a system approved in accordance with the regulations, or orders made pursuant to the regulations, giving effect to Regulation 3 of Annex IV to the Convention—the discharge is made when the ship is at a distance of not less than 4 nautical miles from the nearest land;
(b)Where the sewage is not sewage referred to in paragraph (a)—the discharge is made when the ship is at a distance of not less than 12 nautical miles from the nearest land;
(c)Where the sewage has been stored in holding tanks—the sewage is not discharged instantaneously but is discharged at a prescribed rate when the ship is proceeding en route at a speed of not less than 4 knots.

(4)Without limiting the generality of subsection (2) but subject to subsection (5), subsection (1) does not apply to the discharge of sewage from a ship if the following conditions are satisfied—
(a)the sewage has been treated in a sewage treatment plant on the ship, being a plant—
(i)that an authorised officer has certified meets the requirements of the regulations giving effect to Regulation 3 of Annex IV to the Convention; and
(ii)the test results of which are laid down in the ship's sewage certificate within the meaning of Division 12C of Part IV of the Navigation Act; and

(b)the effluent does not produce visible floating solids in the waters of the sea and does not cause discolouration of the waters of the sea.

(5)Without limiting the generality of subsection (2), where—
(a)sewage consists in whole or in part of, or is mixed with, wastes, or waste water, the discharge of which from a ship into State waters is prohibited under another Division unless certain conditions are complied with; and
(b)the conditions referred to in paragraph (a) are more stringent than the conditions referred to subsection (3) and (4)—

subsection (1)—
(c)applies to the discharge of the sewage from a ship notwithstanding that the conditions referred to in subsection (3) or (4) are complied with; but
(d)does not apply to the discharge of the sewage from a ship if those more stringent requirements are complied with.

(6)In proceedings for an offence against subsection (1) in relation to a ship, it is sufficient for the prosecution to allege and prove that a discharge of sewage occurred from the ship into State waters, but it is a defence if it is proved that, by virtue of subsection (2), (3), (4) or (5), subsection (1) does not apply in relation to the discharge.

Division 2D—Discharges

23HDefinitions
(1)In this Division—
agent, in relation to a ship, means any person who performs for or on behalf of the owner of the ship any function or duty under or for the purposes of this Act and includes any person who, within the State, on behalf of the owner of the ship, undertakes or performs the functions of ships' husbandry or makes any arrangements for or in connection with the repair or berthing of the ship or the carriage, loading or unloading of cargo, stores or bunkers on the ship or from the ship;
discharge means any discharge or escape, howsoever caused;
liquid substance and mixture have the same meanings as in Division 2;
occupier—
(a)in relation to a place on land, means the person exercising personally or through servants or agents, any right of occupation of the land or, if there is no such person, the owner of the land; and
(b)in relation to a vehicle, includes the person in charge of the vehicle and the owner of the vehicle but does not include the occupier of the land on or over which the vehicle stands or moves; and
(c)in relation to a pipeline, means the person who undertakes the carriage of oil or an oily mixture by means of the pipeline;

oil and oily mixture have the same meanings as in Annex I to the Convention;

oil tanker means a ship constructed or adapted for carrying a cargo of oil in bulk;
oil residues means those parts of an oily mixture that remain after undergoing a separation process;
place on land includes—
(a)any structure or apparatus on land; and
(b)any thing or vehicle resting on or moving over land; and
(c)any thing resting on or lying under the bed, shore or bank of any navigable waters; and
(d)any thing afloat (other than a ship) if it is anchored or attached to the bed, shore or bank of any navigable waters or is used in any operation for the exploration of the sea-bed and sub-soil or the exploitation of the natural resources of the sea-bed and sub-soil;

prohibited discharge means a discharge into State waters of—
(a)oil; or
(b)an oily mixture; or
(c)an undesirable substance;

public statutory body includes any Minister of the Crown and any municipal council;
ship has the same meaning as in Annex I to the Convention;

transfer operation means any operation involved in the preparation for, or the commencement, carrying on or termination of, the transfer of oil or an oily mixture or a liquid substance or a mixture containing a liquid substance from or to any ship, whether to or from a place on land or to or from another ship;
undesirable substance means—
(a)any solid ballast, rubbish, gravel, earth, stone or wreck; or
(b)any dangerous, flammable, corrosive or offensive substance, whether solid, liquid or gaseous; or
(c)any article or thing or any substance (whether solid, liquid or gaseous) which is capable of constituting a hazard to navigation or of preventing or hindering the proper use of State waters—

but does not include oil or an oily mixture.
(2)A discharge of oil or an oily mixture onto or into any land, water, structure or thing is, if the whole or any part of the oil or oily mixture eventually enters State waters, to be taken for all purposes under this Part to be a discharge into State waters of the oil or oily mixture or of so much of it as enters State waters.

23IEnvironment Protection Act prevails
To the extent that this Division is inconsistent with any of the provisions of the Environment Protection Act 2017, the provisions of the Environment Protection Act 2017 prevail.

23JProhibited discharge into State waters
(1)If a prohibited discharge occurs from any apparatus used in a transfer operation, the person in charge of the apparatus is guilty of an indictable offence.
(2)If a prohibited discharge occurs by reason of any act or omission in a transfer operation (not being an act or omission done or made at the place on land or in relation to the apparatus from which the discharge occurs)—

(a)if the act or omission is done or made at a place on land (otherwise than in circumstances described in paragraph (b))—the occupier of that place; or
(b)if the act or omission is done or made in relation to apparatus used in a transfer operation—the person in charge of the apparatus—

is guilty of an indictable offence.
(3)A person who is guilty of an offence under subsection (1) or (2) is liable—
(a)in the case of an individual, to a fine not exceeding 2000 penalty units or imprisonment for 2 years, or both; or
(b)in the case of a body corporate, to a fine not exceeding 10 000 penalty units.

(4)It is a defence to a charge under subsection (1) for the person charged to prove—
(a)that the discharge was due to an accident that could not have been foreseen and avoided; and
(b)that all reasonable steps were taken for the prompt discovery of the discharge and, after the discovery, for stopping or reducing the discharge.

(5)It is a defence to a charge under subsection (2) for the person charged to prove that the act or omission by reason of which the discharge occurred was not done or made wilfully or negligently.

23KDischarge from ships
(1)If a discharge into State waters of oil or an oily mixture occurs from any ship that—
(a)is not an oil tanker; and
(b)has a gross tonnage of less than 400—

the owner of that ship is guilty of an indictable offence.
(2)If a discharge into State waters of an undesirable substance (not being a liquid substance or a mixture containing a liquid substance carried as cargo or part cargo in bulk) occurs from any ship, the owner of that ship is guilty of an indictable offence.
(3)A person who is guilty of an offence under subsection (1) or (2) is liable—
(a)in the case of an individual, to a fine not exceeding 2000 penalty units or imprisonment for 2 years, or both; or
(b)in the case of a body corporate, to a fine not exceeding 10 000 penalty units.

(4)It is a defence to a charge under subsection (1) or (2) for the person charged to prove—
(a)that the discharge was due to an accident that could not have been foreseen and avoided; and
(b)that all reasonable steps were taken for the prompt discovery of the discharge and, after the discovery, for stopping or reducing the discharge.

23LDuty to report discharges
(1)If a prohibited discharge occurs from any apparatus used in a transfer operation on any place on land or from any ship that is not an oil tanker and has a gross tonnage of less than 400, the occupier of that place, or the owner or master of the ship must, without delay, inform the Authority or its delegate of all details of the occurrence and if the Authority or its delegate is not so notified each of those persons is guilty of an indictable offence punishable, on conviction—

^(a)UN number refers to 10-35%.

^(b)Pollution Category in brackets indicates that the substance has been provisionally included in this list and that further data are necessary in order to complete the evaluation of its environmental hazards, particularly in relation to living resources. Until the hazard evaluation is completed the Pollution Category assigned shall be used.

^(c)UN number 114 applies to Benzene.

^(d)UN number 2574 applies to Tricresyl phosphate containing more than 3% ortho-isomer.

Appendix III

Substance	UN number
Acetone	1090
Acetonitrile	1648
Acoholic beverages, n.o.s.
Alcohols (C13 and above)
Aminoethyldiethanolamine/Aminoethylethanolamine solution
2-Amino-2-hydroxymethyl-1,3-propanediol solution (40% or less)
tert-Amyl alcohol	1105
Apple juice
Behenyl alcohol
Benzene tricarboxylic acid, trioctyl ester
n-Butyl alcohol	1120
sec-Butyl alcohol	1120
tert-Butyl alcohol	1120
Butyl stearate
Calcium carbonate slurry
Calcium nitrate/Magnesium nitrate/Potassium chloride solution
Cetyl/Eicosyl methacrylate mixture
Cetyl/Stearyl alcohol
Chlorinated paraffins (C14-C17) (with 52% chlorine)
Clay slurry
Coal slurry
Dextrose solution
Diethanolamine
Diethyl ether	1155
Diethylene glycol
Diethylene glycol butyl ether
Diethylene glycol diethyl ether
Diethylene glycol ethyl ether
Diethylenetriamine pentaacetic acid, pentasodium salt solution
Diheptyl phthalate
Dihexyl phthalate
Diisooctyl phthalate
Dioctyl phthalate
Dipropylene glycol
Dodecane (all isomers)
Dodecyl benzene

Substance	UN number
Dodecyl methacrylate
Dodecyl/Pentadecyl methacrylate mixture
Drilling brines:
Calcium bromide solution
Calcium chloride solution
Sodium chloride solution
Ethyl alcohol	1170
Ethylene carbonate
Ethylene glycol butyl ether	2369
Ethylene glycol tert-butyl ether
Ethylene/Vinyl acetate copolymer (emulsion)
Fatty acid (saturated, C13 and above)
Glucose solution
Glycerine
Glycerol polyalkoxylate
Glyceryl triacetate
Glycine, sodium salt solution
Hexamethylene glycol
Hexylene glycol
Isobutyl alcohol	1212
Isopropyl acetate	1220
Isopropyl alcohol	1219
Kaolin slurry
Lard
Latex:
Carboxylated styrene/Butadiene copolymer
Styrene-butadiene rubber
Lignin sulphonic acid, sodium salt solution
Magnesium chloride solution
Magnesium hydroxide slurry
3-Methoxy-1-butanol
Methyl acetate	1231
Methyl alcohol	1230
Methyl ethyl ketone
2-Methyl-2-hydroxy-3-butyne
3-Methyl-3-methoxy butanol
3-Methyl-3-methoxy butyl acetate
Molasses
Octyl decyl adipate
apha-Olefins (C13-C18)

Substance	UN number
Olefins (C13 and above, all isomers)
n-Paraffins (C10-C20)
Paraffin wax
Petrolatum
Polyaluminium chloride solution
Polybutene
Polyethylene glycol dimethyl ether
Polyethylene glycols
Polypropylene glycol methyl ether
Polysiloxane
n-Propyl alcohol
Propylene glycol
Propylene-butylene copolymer
Sodium alumino silicate slurry
Sodium chlorate solution (50% or less)	2428
Sorbitol solution
Sulphur (molten)	2448
Tetraethylene glycol
Tridecane
Tridecanoic acid
Triethylene glycol
Triethylene glycol butyl ether
Triisopropanolamine
Tripropylene glycol
Urea formaldehyde resin solution
Urea solution
Vegetable protein solution (hydrolyzed)
Water

Schedule 8

Section 3

Adoption of Amendments to the Annex of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973
(Amendments to Annex V of Marpol 73/78)
Adopted on 17 October 1989

The Marine Environment Protection Committee, recalling article 38(a) of the Convention on the International Maritime Organization concerning the functions of the Committee.

Noting article 16 of the International Convention for the Prevention of Pollution from Ships, 1973 (hereinafter referred to as the "1973 Convention") and article VI of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973 (hereinafter referred to as the "1978 Protocol") which confer upon the appropriate body of the Organisation the function of considering and adopting amendments to the 1973 Convention, as modified by the 1978 Protocol (MARPOL 73/78).

Having considered at its twenty-eighth session, amendments to the 1978 Protocol proposed and circulated in accordance with article 16(2)(a) of the 1973 Convention:

1. Adopts, in accordance with article 16(2)(d) of the 1973 Convention amendments to the Annex of the 1978 Protocol, the text of which is set out in the Annex to the present resolution;

2. Determines in accordance with article 16(2)(f)(iii) of the 1973 Convention, that the amendments shall be deemed to have been accepted on 17 August 1990, unless prior to this date one third or more of the Parties, or the Parties the combined merchant fleets of which constitute fifty per cent or more of the gross tonnage of the world's merchant fleet, have communicated to the Organisation their objections to the amendments;

3. Invites the Parties to note that, in accordance with article 16(2)(g)(ii) of the 1973 Convention, the amendments shall enter into force on 18 February 1991 upon their acceptance in accordance with paragraph 2 above;

4. Requests the Secretary-General, in conformity with article 16(2)(e) of the 1973 Convention, to transmit to all Parties to Annex V the 1978 Protocol certified copies of the present resolution and the text of the amendments contained in the Annex;

5. Further requests the Secretary-General to transmit to the Members of the Organisation which are not Parties to Annex V of the 1978 Protocol copies of the resolution and its Annex.

Annex

TEXT OF AMENDMENTS TO REGULATIONS OF ANNEX V OF MARPOL 73/78

(Regulation 5—Designation of the North Sea as a Special Area and Regulation 6—Exemptions)

Regulation 5—Discharge of Garbage within Special Areas
The introductory sentence was amended to read as follows:
"(1)For the purposes of this Annex the special areas are the Mediterranean Sea area, the Baltic Sea area, the Black Sea area, the Red Sea area, the "Gulf area" and the North Sea area, which are defined as follows:".

New sub-paragraph (f) was added as follows:
"(f)The North Sea area means the North Sea proper, including seas therein the boundary between—
(i)the North Sea southwards of latitude 62° N and eastwards of longitude 4° W;
(ii)the Skagerrak, the southern limit of which is determined east of the Skaw by latitude 57°44.8´ N; and
(iii)the English Channel and its approaches eastwards of longitude 5° W' and northward of latitude

48°30´ N.".

Regulation 6—Exemptions
Paragraph (c) was amended to read as follows:
"(c)the accidental loss of synthetic fishing nets, provided that all reasonable precautions have been taken to prevent such loss.".'

Schedule 9

Section 3

ADOPTION OF AMENDMENTS TO THE ANNEX OF THE PROTOCOL OF 1978 RELATING TO THE INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973

(Amendments to regulations 1, 12, 13, 17 and 38 of MARPOL Annex I, Supplement to the IOPP Certificate and Oil Record Book Parts I and II) adopted on 17 July 2009

The Marine Environment Protection Committee,

Recalling Article 38(a) of the Convention on the International Maritime Organization concerning the functions of the Marine Environment Protection Committee (the Committee) conferred upon it by international conventions for the prevention and control of marine pollution,

Noting Article 16 of the International Convention for the Prevention of Pollution from Ships, 1973 (hereinafter referred to as the "1973 Convention") and article VI of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973 (hereinafter referred to as the "1978 Protocol") which together specify the amendment procedure of the 1978 Protocol and confer upon the appropriate body of the Organization the function of considering and adopting amendments to the 1973 Convention, as modified by the 1978 Protocol (MARPOL 73/78),

Having considered proposed amendments to Annex I of MARPOL 73/78,

1. Adopts, in accordance with Article 16(2)(d) of the 1973 Convention, the amendments to Annex I of MARPOL 73/78 concerning regulations 1, 12, 13, 17 and 38 and the Supplement to the IOPP Certificate and Oil Record Book Parts I and II, the text of which is set out in the annex to the present resolution;

2. Determines, in accordance with Article 16(2)(f)(iii) of the 1973 Convention, that the amendments shall be deemed to have been accepted on 1 July 2010 unless prior, to that date, not less than one-third of the Parties or Parties the combined merchant fleets of which constitute not less than 50 per cent of the gross tonnage of the world's merchant fleet, have communicated to the Organization their objection to the amendments;

3. Invites the Parties to note that, in accordance with Article 16(2)(g)(ii) of the 1973 Convention, the said amendments shall enter into force on 1 January 2011 upon their acceptance in accordance with paragraph 2 above;

4. Requests the Secretary-General, in conformity with Article 16(2)(e) of the 1973 Convention, to transmit to all Parties to MARPOL 73/78 certified copies of the present resolution and the text of the amendments contained in the annex; and

5. Requests further the Secretary-General to transmit to the Members of the Organization which are not Parties to MARPOL 73/78 copies of the present resolution and its annex.

ANNEX

AMENDMENTS TO MARPOL ANNEX I

(Amendments to regulations 1, 12, 13, 17 and 38 of MARPOL Annex I, Supplement to the IOPP Certificate and Oil Record Book Parts I and II)

Annex 1

AMENDMENTS TO REGULATIONS 1, 12, 13, 17 AND 38 OF MARPOL ANNEX I

Regulation 1—Definitions

1 The following new subparagraphs .31, .32, .33 and .34 are added after existing subparagraph .30:

".31Oil residue (sludge) means the residual waste oil products generated during the normal operation of a ship such as those resulting from the purification of fuel or lubricating oil for main or auxiliary machinery, separated waste oil from oil filtering equipment, waste oil collected in drip trays, and waste hydraulic and lubricating oils.
.32Oil residue (sludge) tank means a tank which holds oil residue (sludge) from which sludge may be disposed directly through the standard discharge connection or any other approved means of disposal.
.33Oily bilge water means water which may be contaminated by oil resulting from things such as leakage or maintenance work in machinery spaces. Any liquid entering the bilge system including bilge wells, bilge piping, tank top or bilge holding tanks is considered oily bilge water.
.34Oily bilge water holding tank means a tank collecting oily bilge water prior to its discharge, transfer or disposal.".

Regulation 12—Tanks for oil residues (sludge)

2 Paragraph 1 is amended to read as follows:

"1Every ship of 400 gross tonnage and above shall be provided with a tank or tanks of adequate capacity, having regard to the type of machinery and length of voyage, to receive the oil residues (sludge) which cannot be dealt with otherwise in accordance with the requirements of this Annex.".

3 The following new paragraph 2 is inserted, after the existing paragraph 1:

"2Oil residue (sludge) may be disposed of directly from the oil residue (sludge) tank(s) through the standard discharge connection referred to in regulation 13, or any other approved means of disposal. The oil residue (sludge) tank(s):
.1shall be provided with a designated pump for disposal that is capable of taking suction from the oil residue (sludge) tank(s); and
.2shall have no discharge connections to the bilge system, oily bilge water holding tank(s), tank top or oily water separators except that the tank(s) may be fitted with drains, with manually operated self-closing valves and arrangements for subsequent visual monitoring of the settled water, that lead to an oily bilge water holding tank or bilge well, or an alternative arrangement, provided such arrangement does not connect directly to the bilge piping system.".

4 Existing paragraphs 2 and 3 are renumbered 3 and 4, respectively.

Regulations 12, 13, 17 and 38

5 The word "sludge" in regulations 12.2, 13, 17.2.3, 38.2 and 38.7 is replaced by the words "oil residue (sludge)".

6 The words "and other oil residues" in regulation 17.2.3 are deleted.

Annex 2

AMENDMENTS TO THE SUPPLEMENT TO THE IOPP CERTIFICATE FORM A (SHIPS OTHER THAN OIL TANKERS) AND FORM B (OIL TANKERS)

1 The existing Section 3 of the Supplement to the IOPP Certificate, Form A and Form B, is replaced by the following:

"3Means for retention and disposal of oil residues (sludge) (regulation 12) and oily bilge water holding tank(s)
3.1The ship is provided with oil residue (sludge) tanks for retention of oil residues (sludge) on board as follows:

Tank identification	Tank location		Volume (m³)
	Frames (from)-(to)	Lateral position
Total volume: ...... m³

3.2Means for the disposal of oil residues (sludge) retained in oil residue (sludge) tanks:

3.2.1Incinerator for oil residues (sludge), maximum capacity kW or kcal/h (delete as appropriate) ...........................................
3.2.2Auxiliary boiler suitable for burning oil residues (sludge) .........................................
3.2.3Other acceptable means, state which ......................................
3.3The ship is provided with holding tank(s) for the retention on board of oily bilge water as follows:

Tank identification	Tank location		Volume (m³)
	Frames (from)-(to)	Lateral position
Total volume: ...... m³

2 The term "(double bottom requirements)" at the end of paragraph 5.8.2 of Form B is deleted.

3 Paragraphs 5.8.5 and 5.8.7 are replaced by the following:

"5.8.5The ship is not subject to regulation 20 (check which box(es) apply):
.1The ship is less than 5,000 tonnes deadweight o
.2The ship complies with regulation 20.1.2 o
.3The ship complies with regulation 20.1.3 o".

'5.8.7The ship is not subject to regulation 21 (check which box(es) apply):
.1The ship is less than 600 tonnes deadweight o
.2The ship complies with regulation 19 (Deadweight tonnes ≥ 5,000) o
.3The ship complies with regulation 21.1.2 o
.4The ship complies with regulation 21.4.2 (600 ≤ Deadweight tonnes < 5,000) o
.5The ship does not carry "heavy grade oil" as defined in regulation 21.2 of MARPOL Annex I o'.

4 Delete paragraph 6.1.5.4 from the Supplement to the International Oil Pollution Prevention Certificate, Form B.

Annex 3

AMENDMENTS TO THE OIL RECORD BOOK PARTS I AND II

1 Sections (A) to (H) of the Oil Record Book Part I are replaced by the following:

"(A)Ballasting or cleaning of oil fuel tanks
1Identity of tank(s) ballasted.
2Whether cleaned since they last contained oil and, if not, type of oil previously carried.
3Cleaning process:
.1position of ship and time at the start and completion of cleaning;
.2identify tank(s) in which one or another method has been employed (rinsing through, steaming, cleaning with chemicals; type and quantity of chemicals used, in m³);
.3identity of tank(s) into which cleaning water was transferred and the quantity in m³.

4Ballasting:
.1position of ship and time at start and end of ballasting;

..2 quantity of ballast if tanks are not cleaned, in m³.
(B)Discharge of dirty ballast or cleaning water from oil fuel tanks referred to under Section (A)
5Identity of tank(s).
6Position of ship at start of discharge.
7Position of ship on completion of discharge.
8Ship's speed(s) during discharge.

9Method of discharge:
.1through 15 ppm equipment;
.2to reception facilities.

10Quantity discharged, in m³.

(C)Collection, transfer and disposal of oil residues (sludge)
11Collection of oil residues (sludge).
Quantities of oil residues (sludge) retained on board. The quantity should be recorded weekly^(a) (this means that the quantity must be recorded once a week even if the voyage lasts more than one week):
.1identity of tank(s);
.2capacity of tank(s).................................... m³;
.3total quantity of retention......................... m³;
.4quantity of residue collected by manual operation .......... m³.

(Operator initiated manual collections where oil residue (sludge) is transferred into the oil residue (sludge) holding tank(s).)
12Methods of transfer or disposal of oil residues (sludge).
State quantity of oil residues transferred or disposed of, the tank(s) emptied and the quantity of contents retained in m³:
.1to reception facilities (identify port)^(b);
.2to another (other) tank(s) (indicate tank(s) and the total content of tank(s));
.3incinerated (indicate total time of operation);
.4other method (state which).

(D)Non-automatic starting of discharge overboard, transfer or disposal otherwise of bilge water which has accumulated in machinery spaces
13Quantity discharged, transferred or disposed of, in m³.^(c)
14Time of discharge, transfer or disposal (start and stop).

15Method of discharge, transfer, or disposal:
.1through IS ppm equipment (state position at start and end);
.2to reception facilities (identify port)^(b);
.3to slop tank or holding tank or other tank(s) (indicate tank(s); state quantity retained in tank(s), in m³).

(E)Automatic starting of discharge overboard, transfer or disposal otherwise of bilge water which has accumulated in machinery spaces
16Time and position of ship at which the system has been put into automatic mode of operation for discharge overboard, through 15 ppm equipment.
17Time when the system has been put into automatic mode of operation for transfer of bilge water to holding tank (identify tank).
18Time when the system has been put into manual operation.

(F)Condition of the oil filtering equipment
19Time of system failure.^(d)
20Time when system has been made operational.
21Reasons for failure.

(G)Accidental or other exceptional discharges of oil
22Time of occurrence.
23Place or position of ship at time of occurrence.
24Approximate quantity and type of oil.
25Circumstances of discharge or escape, the reasons therefor and general remarks.

(H)Bunkering of fuel or bulk lubricating oil
26Bunkering:
.1Place of bunkering.
.2Time of bunkering.
.3Type and quantity of fuel oil and identity of tank(s) (state quantity added, in tonnes and total content of tank(s)).
.4Type and quantity of lubricating oil and identity of tank(s) (state quantity added, in tonnes and total content of tank(s)).".

2 Section (J) of the Oil Record Book Part II is replaced by the following:

"(J)Collection, transfer and disposal of residues and oily mixtures not otherwise dealt with
55Identity of tanks.
56Quantity transferred or disposed of from each tank. (State the quantity retained, in m³.)
57Method of transfer or disposal:

.1disposal to reception facilities (identify port and quantity involved);
.2mixed with cargo (state quantity);
.3transferred to or from (an)other tank(s) including transfer from machinery space oil residue (sludge) and oily bilge water tanks (identify tank(s); state quantity transferred and total quantity in tank(s), in m³); and
.4other method (state which); state quantity disposed of in m³.".

__________________

^(a) Only those tanks listed in item 3.1 of Forms A and B of the Supplement to the IOPP Certificate used for oil residues (sludge).

^(b)The ship's master should obtain from the operator of the reception facilities, which includes barges and tank trucks, a receipt or certificate detailing the quantity of tank washings, dirty ballast, residues or oily mixtures transferred together, with the time and date of the transfer. This receipt or certificate, if attached to the Oil Record Book Part I may aid the master of the ship in proving that the ship was not involved in an alleged pollution incident. The receipt or certificate should be kept together with the Oil Record Book Part I.

^(c)In case of discharge or disposal of bilge water from holding tank(s), state identity and capacity of holding tank(s) and quantity retained in holding tank.

^(d)The condition of the oil filtering equipment covers also the alarm and automatic stopping devices, if applicable.

═══════════════

Endnotes

1 General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 13 March 1986

Legislative Council: 15 April 1986

The long title for the Bill for this Act was "A Bill relating to the protection of the sea and certain waters from pollution by oil and other noxious substances, to amend the Navigable Waters (Oil Pollution) Act 1960 and for other purposes.".

The Pollution of Waters by Oil and Noxious Substances Act 1986 was assented to on 20 May 1986 and came into operation as follows:

Part 1 (sections 1–6), Part 2 Divisions 1 (sections 7–13), 2A (sections 23A, 23B), 3 (sections 24–33), Schedules 1–5 on 1 March 1992: Government Gazette 19 February 1992 page 378.

Sections 14–23, 23C–23G, 34–55 not yet in operation.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).

• Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).

• Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).

• Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).

• Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).

2 Table of Amendments

This publication incorporates amendments made to the Pollution of Waters by Oil and Noxious Substances Act 1986 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Marine Act 1988, No. 52/1988

Assent Date: 31.5.88

Commencement Date: S. 161(Sch. 6 items 9.1–9.4) on 20.12.88: Special Gazette (No. 105) 20.12.88 p. 1

CurrentState: This information relates only to the provision/s amending the Pollution of Waters by Oil and Noxious Substances Act 1986

Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989

Assent Date: 14.6.89

Commencement Date: S. 4(1)(a)–(e)(2) on 1.9.89: Government Gazette 30.8.89 p. 2210; rest of Act on 1.9.90: Government Gazette 25.7.90 p. 2217

CurrentState: All of Act in operation

Pollution of Waters by Oil and Noxious Substances (Amendment) Act 1991, No. 46/1991 (as amended by No. 82/1995 (as amended by No. 63/1997))

Assent Date: 25.6.91

Commencement Date: 1.3.92: Government Gazette 19.2.92 p. 378

CurrentState: All of Act in operation

Port Services Act 1995, No. 82/1995

Assent Date: 28.11.95

Commencement Date: S. 189(7)(8) on 28.11.95: s. 2(1); ss 181–188,
189(1)–(6) on 1.3.96: Special Gazette (No. 14) 27.2.96 p. 1

CurrentState: This information relates only to the provision/s amending the Pollution of Waters by Oil and Noxious Substances Act 1986

Legal Practice Act 1996, No. 35/1996

Assent Date: 6.11.96

Commencement Date: S. 453(Sch. 1 item 66) on 1.1.97: s. 2(3)

CurrentState: This information relates only to the provision/s amending the Pollution of Waters by Oil and Noxious Substances Act 1986

Port Services (Amendment) Act 1997, No. 63/1997

Assent Date: 5.11.97

Commencement Date: S. 9(1) on 5.11.97: s. 2(1)

CurrentState: This information relates only to the provision/s amending the Pollution of Waters by Oil and Noxious Substances Act 1986

Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998

Assent Date: 26.5.98

Commencement Date: S. 7(Sch. 1) on 1.7.98: s. 2(2)

CurrentState: This information relates only to the provision/s amending the Pollution of Waters by Oil and Noxious Substances Act 1986

Statute Law Revision Act 2000, No. 74/2000

Assent Date: 21.11.00

Commencement Date: S. 3(Sch. 1 item 100) on 22.11.00: s. 2(1)

CurrentState: This information relates only to the provision/s amending the Pollution of Waters by Oil and Noxious Substances Act 1986

Marine (Further Amendment) Act 2001, No. 77/2001

Assent Date: 27.11.01

Commencement Date: S. 32(3) on 7.2.02: s. 2(2)

CurrentState: This information relates only to the provision/s amending the Pollution of Waters by Oil and Noxious Substances Act 1986

Statute Law (Further Revision) Act 2002, No. 11/2002

Assent Date: 23.4.02

Commencement Date: S. 3(Sch. 1 item 53) on 24.4.02: s. 2(1)

CurrentState: This information relates only to the provision/s amending the Pollution of Waters by Oil and Noxious Substances Act 1986

Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009

Assent Date: 24.11.09

Commencement Date: S. 97(Sch. item 94) on 1.1.10: Government Gazette 10.12.09 p. 3215

CurrentState: This information relates only to the provision/s amending the Pollution of Waters by Oil and Noxious Substances Act 1986

Transport Integration Act 2010, No. 6/2010 (as amended by No. 45/2010)

Assent Date: 2.3.10

Commencement Date: S. 24(5)(Sch. 1 item 9) on 1.7.10: Special Gazette (No. 256) 30.6.10 p. 1

CurrentState: This information relates only to the provision/s amending the Pollution of Waters by Oil and Noxious Substances Act 1986

Marine Safety Act 2010, No. 65/2010

Assent Date: 28.9.10

Commencement Date: S. 420(Sch. 3 item 14) on 1.7.12: s. 2(2)

Current State: This information relates only to the provision/s amending the Pollution of Waters by Oil and Noxious Substances Act 1986

Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014

Assent Date: 3.6.14

Commencement Date: S. 10(Sch. item 127) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2

Current State: This information relates only to the provision/s amending the Pollution of Waters by Oil and Noxious Substances Act 1986

Environment Protection Amendment Act 2018, No. 39/2018 (as amended by No. 11/2020)

Assent Date: 28.8.18

Commencement Date: S. 50 on 1.7.21: Special Gazette (No. 124) 16.3.21 p. 1

CurrentState: This information relates only to the provision/s amending the Pollution of Waters by Oil and Noxious Substances Act 1986

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Pollution of Waters by Oil and Noxious Substances (Convention Amendment) Regulations 1992, S.R. No. 257/1992

Date of Making: 25.8.92

Date of Commencement: 25.8.92

Pollution of Waters by Oil and Noxious Substances Regulations 2022, S.R. No. 7/2022

Date of Making: 8.2.22

Date of Commencement: Reg. 13 on 8.2.22

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3 Amendments Not in Operation

This version does not contain amendments that are not yet in operation.

4 Explanatory details

[1] S. 45(2)(b): The amendment proposed by section 29 of the Pollution of Waters by Oil and Noxious Substances (Amendment) Act 1991, No. 46/1991 is not included in this publication because the expression "50 penalty units" occurs in section 45(2)(b). Section 29 reads as follows:

29Ships to be surveyed periodically
In section 45(1)(b) of the Principal Act for "50 penalty units" substitute "100 penalty units".

Assent Date:	31.5.88
Commencement Date:	S. 161(Sch. 6 items 9.1–9.4) on 20.12.88: Special Gazette (No. 105) 20.12.88 p. 1
CurrentState:	This information relates only to the provision/s amending the Pollution of Waters by Oil and Noxious Substances Act 1986

Assent Date:	14.6.89
Commencement Date:	S. 4(1)(a)–(e)(2) on 1.9.89: Government Gazette 30.8.89 p. 2210; rest of Act on 1.9.90: Government Gazette 25.7.90 p. 2217
CurrentState:	All of Act in operation

Assent Date:	25.6.91
Commencement Date:	1.3.92: Government Gazette 19.2.92 p. 378
CurrentState:	All of Act in operation

Assent Date:	28.11.95
Commencement Date:	S. 189(7)(8) on 28.11.95: s. 2(1); ss 181–188, 189(1)–(6) on 1.3.96: Special Gazette (No. 14) 27.2.96 p. 1
CurrentState:	This information relates only to the provision/s amending the Pollution of Waters by Oil and Noxious Substances Act 1986

Assent Date:	6.11.96
Commencement Date:	S. 453(Sch. 1 item 66) on 1.1.97: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Pollution of Waters by Oil and Noxious Substances Act 1986

Assent Date:	5.11.97
Commencement Date:	S. 9(1) on 5.11.97: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Pollution of Waters by Oil and Noxious Substances Act 1986

Assent Date:	26.5.98
Commencement Date:	S. 7(Sch. 1) on 1.7.98: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Pollution of Waters by Oil and Noxious Substances Act 1986

Assent Date:	21.11.00
Commencement Date:	S. 3(Sch. 1 item 100) on 22.11.00: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Pollution of Waters by Oil and Noxious Substances Act 1986

Assent Date:	27.11.01
Commencement Date:	S. 32(3) on 7.2.02: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Pollution of Waters by Oil and Noxious Substances Act 1986

Assent Date:	23.4.02
Commencement Date:	S. 3(Sch. 1 item 53) on 24.4.02: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Pollution of Waters by Oil and Noxious Substances Act 1986

Assent Date:	24.11.09
Commencement Date:	S. 97(Sch. item 94) on 1.1.10: Government Gazette 10.12.09 p. 3215
CurrentState:	This information relates only to the provision/s amending the Pollution of Waters by Oil and Noxious Substances Act 1986

Assent Date:	2.3.10
Commencement Date:	S. 24(5)(Sch. 1 item 9) on 1.7.10: Special Gazette (No. 256) 30.6.10 p. 1
CurrentState:	This information relates only to the provision/s amending the Pollution of Waters by Oil and Noxious Substances Act 1986

Assent Date:	28.9.10
Commencement Date:	S. 420(Sch. 3 item 14) on 1.7.12: s. 2(2)
Current State:	This information relates only to the provision/s amending the Pollution of Waters by Oil and Noxious Substances Act 1986

Assent Date:	3.6.14
Commencement Date:	S. 10(Sch. item 127) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2
Current State:	This information relates only to the provision/s amending the Pollution of Waters by Oil and Noxious Substances Act 1986

Assent Date:	28.8.18
Commencement Date:	S. 50 on 1.7.21: Special Gazette (No. 124) 16.3.21 p. 1
CurrentState:	This information relates only to the provision/s amending the Pollution of Waters by Oil and Noxious Substances Act 1986

Date of Making:	8.2.22
Date of Commencement:	Reg. 13 on 8.2.22