Pollution of Waters by Oil and Noxious Substances Regulations 2012 (Vic)

Version No. 001

Pollution of Waters by Oil and Noxious Substances Regulations 2012

S.R. No. 7/2012

Version as at

17 February 2012

TABLE OF PROVISIONS

Regulation  Page

PART 1—PRELIMINARY

1Objectives

2Authorising provisions

3Commencement

4Revocation

5Definitions

PART 2—POLLUTION BY OIL OR OILY MIXTURES

6Prescribed officers—sections 8 and 10 of the Act

7Prescribed manner of notifying a discharge

8Prescribed form of report of a discharge

9Prescribed time for furnishing report

10Oil record book

11Prescribed operations and occurrences

12Prescribed officers—section 13 of the Act

13Exemptions—prescribed classes of ships

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ENDNOTES

1.  General Information

2.  Table of Amendments

3.  Explanatory Details

Version No. 001

Pollution of Waters by Oil and Noxious Substances Regulations 2012

S.R. No. 7/2012

Version as at

17 February 2012

PART 1—PRELIMINARY

1Objectives

The objectives of these Regulations are to prescribe—

(a)the officers to whom, the manner and form in which, and the time within which a discharge or probable discharge of oil or an oily mixture must be notified or reported; and

(b)the operations and occurrences which necessitate entries being made in a ship's oil record book, the form of the oil record book and the officers with whom oil record books may be deposited; and

(c)exemptions from specified provisions of the Act and from these Regulations.

2Authorising provisions

These Regulations are made under sections 30 and 32 of the Pollution of Waters by Oil and Noxious Substances Act 1986.

3Commencement

These Regulations come into operation on 17 February 2012.

4Revocation

The Pollution of Waters by Oil and Noxious Substances Regulations 2002[1] are revoked.

5Definitions

In these Regulations—

authorized officer has the same meaning as in the Environment Protection Act 1970;

Commonwealth Act means the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 of the Commonwealth;

Marine Orders means Marine Orders—Part 91: Marine Pollution Prevention—Oil, Issue 5 (Order No. 15 of 2006) made under section 34 of the Commonwealth Act;

Rescue Coordination Centre means the Rescue Coordination Centre—Australia, which is part of the Australian Maritime Safety Authority established by the Australian Maritime Safety Authority Act 1990 of the Commonwealth;

Secretaryhas the same meaning as in the Marine Act 1988;

the Actmeans the Pollution of Waters by Oil and Noxious Substances Act 1986.

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PART 2—POLLUTION BY OIL OR OILY MIXTURES

6Prescribed officers—sections 8 and 10 of the Act

For the purposes of sections 8 and 10 of the Act, the Secretary is a prescribed officer.

7Prescribed manner of notifying a discharge

For the purposes of section 10(1) and (3) of the Act, an incident is notified in the prescribed manner if—

(a)it is notified by means of a telephone message, a radio message, an email or a fax; and

(b)the message is conveyed through—

(i)any office of the Secretary; or

(ii)the Rescue Coordination Centre; and

(c)the message commences with the code letters POLREP and the name and radio call sign of the ship.

8Prescribed form of report of a discharge

For the purposes of section 10(6) and (7) of the Act, the prescribed form of report of a discharge is Form MO—91/2 in the appendix to the Marine Orders as if that form did not include item X3.

9Prescribed time for furnishing report

For the purposes of section 10(6) and (7) of the Act, the period of 24 hours immediately following receipt of a request for a report is the prescribed time.

10Oil record book

(1)A ship of a type referred to in section 11(1) of the Act that is an oil tanker must carry oil record books of the kind specified in subregulation (3)(a).

(2)A ship of a type referred to in section 11(1) of the Act other than an oil tanker must carry an oil record book of the kind specified in subregulation (3)(b).

(3)For the purposes of section 11(3) of the Act—

(a)the prescribed form of oil record book for oil tankers is the form of oil record book set out in Part I and in Part II of Appendix III to Annex I of the Convention; and

(b)the prescribed form of oil record book for ships other than oil tankers is the form of oil record book set out in Part I of Appendix III to Annex I of the Convention.

Note

The definition of Convention in the Act, when read with the definitions of the 1973 Convention and the 1978 Protocol in the Act, incorporates various amendments to the 1973 Convention and the 1978 Protocol as accepted in Australia from time to time.  Current versions of these forms may be accessed at operations and occurrences

(1)For the purposes of section 11(5) of the Act, each of the operations prescribed by order 10.10.1 of the Marine Orders is a prescribed operation for a ship (including an oil tanker).

(2)For the purposes of section 11(5) of the Act, each of the operations prescribed by order 10.10.2 of the Marine Orders is a prescribed operation for a ship that is an oil tanker.

(3)For the purposes of section 11(5) of the Act, each of the occurrences prescribed by order 10.10.3 of the Marine Orders is a prescribed occurrence for a ship (including an oil tanker).

12Prescribed officers—section 13 of the Act

For the purposes of section 13 of the Act, an authorized officer is a prescribed officer.

13Exemptions—prescribed classes of ships

A ship included in the following classes of ships is exempt from Division 1 of Part 2 of the Act and from these Regulations—

(a)ships under the control of the Australian Defence Force;

(b)warships, naval auxiliaries or other ships owned or operated by a foreign country and used, for the time being, only in government non-commercial service.

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ENDNOTES

1.     General Information

The Pollution of Waters by Oil and Noxious Substances Regulations 2012, S.R. No. 7/2012 were made on 14 February 2012 by the Governor in Council under sections 30 and 32 of the Pollution of Waters by Oil and Noxious Substances Act 1986, No. 27/1986 and came into operation on 17 February 2012: regulation 3.

The Pollution of Waters by Oil and Noxious Substances Regulations 2012 will sunset 10 years after the day of making on 14 February 2022 (see section 5 of the Subordinate Legislation Act 1994).

2.     Table of Amendments

There are no amendments made to the Pollution of Waters by Oil and Noxious Substances Regulations 2012 by statutory rules, subordinate instruments and Acts.

3.     Explanatory Details

[1] Reg. 4: S.R. No. 11/2002 as amended by S.R. No. 88/2004.

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Table of Applied, Adopted or Incorporated Matter

The following table of applied, adopted or incorporated matter is included in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2004.

Statutory rule provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
Regulation 5 Definition of Marine Orders	Marine Orders—Part 91: Marine Pollution Prevention—Oil, Issue 5 (Order No. 15 of 2006) made under section 34 of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 of the Commonwealth, issued by the Australian Maritime Safety Authority on 18 December 2006	The whole
Regulation 8	Marine Orders—Part 91: Marine Pollution Prevention—Oil, Issue 5 (Order No. 15 of 2006) made under section 34 of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 of the Commonwealth, issued by the Australian Maritime Safety Authority on 18 December 2006	Form MO—91/2 (except item X3)
Statutory rule provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
Regulation 11	Marine Orders—Part 91: Marine Pollution Prevention—Oil, Issue 5 (Order No. 15 of 2006) made under section 34 of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 of the Commonwealth, issued by the Australian Maritime Safety Authority on 18 December 2006	Orders 10.10.1, 10.10.2, 10.10.3