Prevention Of Pollution Of Waters By Oil Act (NT)
NORTHERN TERRITORY OF AUSTRALIA
PREVENTION OF POLLUTION OF WATERS BY OIL ACT
As in force at 15 October 1979
TABLE OF PROVISIONS
Section
1. Short title
2. Commencement
3. Interpretation
4. Discharge of oil into waters
5. Special defences
6. Removal, &c., of oil discharged
7. Equipment in intraterritory ships to prevent discharge of oil
8. Ships to keep oil records
9. Discharge to be reported to Port Superintendent
10. Investigation of discharge of oil by Port Superintendent
11. Oil reception facilities
12. Restrictions on transfer of oil at night
13. Inspection and report
14. Exemptions
15. Evidence in proceedings
16. Proceedings for offences
17. Proof of certain matters not required
18. Evidence of administrative acts
19. By-laws
20. [Repealed]
21. Regulations
Notes
Table of Amendments
NORTHERN TERRITORY OF AUSTRALIA
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This reprint shows the Act as in force at 15 October 1979. Any amendments that may come into operation after that date are not included.
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PREVENTION OF POLLUTION OF WATERS BY OIL ACT
An Act to provide for certain matters arising out of the International Convention for the Prevention of Pollution of The Sea by Oil, 1954, and for other purposes
Short title
This Act may be cited as the Prevention of Pollution of Waters by Oil Act. (See back note 1)
Commencement
This Act shall come into operation on a date to be fixed by the Administrator by notice in the Gazette. (See back note 1)
Interpretation
(1) In this Act, unless the contrary intention appears –
"discharge" means any discharge or escape, howsoever caused;
"intraterritory ship" includes every ship within the jurisdiction except a ship which trades or proceeds to or from a port or ports outside the jurisdiction;
"master" includes every person, except a pilot, in command or charge of a ship;
"mixture containing oil" means a mixture of oil with water or any other substance where the oil in the mixture is not less than 100 parts of oil in 1,000,000 parts of the mixture;
"occupier" means –
(a)the person exercising by his servants or agents or otherwise any right of occupation of a place; or
(b)if it has no occupier, the owner of the place, but if the place is a vehicle does not include the occupier of the land on or over which the vehicle stands or moves;
"oil" means crude oil, fuel oil, heavy diesel oil and lubricating oil, and includes a mixture containing oil;
"oil residues" means those parts of oil which remain after undergoing a separation process approved by the Port Superintendent;
"place" includes –
(a)every structure and apparatus on, and every thing and vehicle resting on or moving over, any land;
(b)everything resting on or lying under the bed or shores of any navigable waters; and
(c)everything afloat (other than a ship or a floating craft attached to a ship) if it is anchored or attached to the bed or shore of any navigable waters;
"Port Authority" means the Northern Territory Port Authority established under the Ports Ordinance;
"Port Superintendent" means the person for the time being holding, or performing the duties of, the office of the General Manager of the Northern Territory Port Authority appointed pursuant to section 6 of the Ports Ordinance;
"ship" includes every vessel used in navigation not ordinarily propelled by oars only;
"tanker" means a ship constructed or adapted for carrying a cargo of oil in bulk;
"the Convention" means the International Convention for the Prevention of Pollution of the Sea by Oil, 1954, and includes the Convention as amended by any amendment accepted by Australia;
"the jurisdiction" means the sea lying within one nautical league of the coast of the Northern Territory, and includes the ports and tidal waters and the navigable inland waters of the Northern Territory.
(2) For the purposes of this Act, where oil is discharged from a floating craft (other than a ship) that is attached to a ship, the oil shall be deemed to have been discharged from that ship.
(3) A discharge of oil on to or into lands, waters or a place, having the result that the whole or any part of the oil eventually enters waters within the jurisdiction, is for all purposes of this Act a discharge into waters within the jurisdiction of the oil or so much of the oil as enters the waters within the jurisdiction.
Discharge of oil into waters
If a discharge of oil into waters within the jurisdiction occurs from a ship or place or from apparatus used for transferring oil from ship to ship or from ship to place or place to ship –
(a)if the discharge is from a ship, both the owner and master of the ship;
(b)if the discharge is from a place, the occupier of the place; or
(c)if the discharge is from apparatus used for transferring oil from or to a ship, the person in charge of the apparatus,
shall be guilty of an offence.
Penalty: $50,000.
Special defences
(1) Where a person is charged under section 4 with an offence as owner or master of a ship it shall be a defence to prove –
(a)that the discharge of oil was necessary for the purpose of securing the safety of the ship or of preventing damage to the ship or cargo or of saving life and was a reasonable step to take in the circumstances; or
(b)that the oil escaped –
(i)in consequence of damage to the ship and that after the occurrence of the damage all reasonable steps were taken for stopping or reducing the escape of oil; or
(ii)in consequence of leakage which could not have been avoided or foreseen and that all reasonable steps were taken for prompt discovery of the leakage and for stopping or reducing the escape of oil after the leakage was discovered.
(2) Where a person is charged under section 4 with an offence as the occupier of a place or as the person in charge of apparatus it shall be a defence to prove that the escape of the oil was due to accident which could not have been avoided or foreseen and that all reasonable steps were taken for prompt discovery of the escape of the oil and for stopping or reducing the escape.
Removal, &c., of oil discharged
(1) Where a discharge referred to in section 4 has occurred, the Minister may take such action as he deems appropriate –
(a)to remove, disperse or destroy the oil discharged;
(b)to remove, disperse, cleanse or destroy any thing or substance polluted by the oil discharged; or
(c)to mitigate the effects of pollution caused by the oil discharged,
and may recover all costs and expenses incurred in and about the removal, dispersal, cleansing, destruction or mitigation from either the owner or master of the ship or from the person in charge of the apparatus, as the case may be, and whether or not the owner, master, occupier or person could, if charged with an offence, prove any matter referred to in section 5.
(2) All costs and expenses incurred under sub-section (1) may be recovered in the course of proceedings for the recovery of a penalty in respect of the discharge or may be recovered by separate action in a court of competent jurisdiction but it shall not be a prerequisite for the bringing of the action that proceedings have been undertaken for the recovery of a penalty.
(3) Nothing in this Act shall affect any rights of the Minister or of any other person to recover damages at common law in respect of the consequences of a discharge of oil.
Equipment in intraterritory ships to prevent discharge of oil
The owner of an intraterritory ship shall ensure that the ship is fitted with such equipment and comply with such requirements as are prescribed for the purpose of preventing the discharge of oil into waters within the jurisdiction.
Penalty: $1,000.
Ships to keep oil records
The master of an intraterritory ship shall keep records of –
(a)every transfer of oil from or to the ship;
(b)every occasion when oil is discharged from the ship for the purpose of securing its safety or of preventing damage to the ship or cargo or of saving life;
(c)every occasion on which oil is found to be escaping or to have escaped from the ship in consequence of damage to the ship or by reason of leakage; and
(d)every operation carried out on board or in connection with the ship that involves –
(i)the ballasting of oil tanks (whether cargo or bunker fuel oil tanks) or the discharge of ballast from or the cleaning of such tanks;
(ii)the separation of oil from water or from other substances;
(iii)the disposal of any oil or water or any other substance arising from an operation referred to in the preceding subparagraphs of this paragraph;
(iv)the disposal of any other oil residues; and
(v)such other matters as are prescribed.
Penalty: $1,000.
Discharge to be reported to Port Superintendent
If a discharge of oil occurs into any waters within the jurisdiction –
(a) from a ship, the master of the ship; or
(b) from a place, the occupier of the place,
shall inform the Port Superintendent without delay of all details of the discharge.
Penalty: $400.
Investigation of discharge of oil by Port Superintendent
(1) The Superintendent or a person authorized in writing by him may for the purpose of investigating a discharge or suspected discharge of oil into waters within the jurisdiction –
(a)go on board and inspect any ship within the jurisdiction;
(b)inspect all records required to be kept in respect of the ship by this Act or by any law of a Contracting Government to the Convention for the carrying out of the purposes of the Convention;
(c)if the records are kept in a language other than English, be accompanied and assisted by an interpreter; and
(d)cause an entry in the records to be copied and require the person by whom the records are kept to certify the copy as a true copy of the entry,
but shall not unnecessarily detain or delay the ship from proceeding on a voyage.
(2) A person authorized in writing by the Port Superintendent may for the purpose of investigating a discharge or suspected discharge of oil on to land where the whole or any part of the oil may eventually enter waters within the jurisdiction –
(a)enter and inspect a place;
(b)inspect all records required to be kept by the Regulations under this Act;
(c)cause an entry in the records to be copied; and
(d)require the person by whom the records are kept to certify the copy as a true copy of the entry.
(3) The right of inspection conferred by the last 2 preceding subsections includes the right to take without payment samples of any substances, in, on or in the vicinity of the ship or place inspected and to require the master of the ship or the occupier of the place or a person representing the master or occupier to certify the taking of the samples and to require the testing of equipment or apparatus used in the ship or on the place in connection with the handling of oil.
(4) A person shall not assault, resist, hinder or obstruct a person producing a telegram or other written document referred to in section 18 and acting in the exercise of a power conferred by this section or fail to comply with any requirement made under this section.
Penalty: $400.
Oil reception facilities
(1) The Minister may provide facilities for enabling ships to dispose of oil residues or may join with any other person in providing facilities or may arrange for the provision of facilities by any other person.
(2) Subject to subsection (3), any facilities provided by or by arrangement with the Minister shall be open to all ships on payment of the prescribed charges and subject to compliance with the prescribed conditions.
(3) The Port Superintendent may, in his discretion, refuse to make the facilities available –
(a)for use by tankers;
(b)for the reception of oil residues disposed of for the purpose of enabling a ship to undergo repairs; or
(c)for the disposal of ballast water which contains oil and has not been subjected to an effective process for separating the oil from the water.
(4) The occupier of an oil terminal, oil depot, oil installation or other establishment used for the loading or unloading of oil in bulk and the occupier of an establishment at which ships are repaired or any other work is performed in relation to ships which may involve the disposal of oil residues
shall –
(a)provide facilities of a standard satisfactory to the Minister for the use of tankers or for the reception of oil residues disposed of for the purpose of enabling ships to undergo repairs;
(b)maintain the facilities in good order and condition; and
(c)keep such records as are prescribed.
Penalty:$400.
Restrictions on transfer of oil at night
(1) Oil shall not be transferred between sunset and sunrise from or to a ship in waters within the jurisdiction unless notice has been given to and permission in writing obtained from the harbour master or from the Port Superintendent.
(2) Where a transfer is to be performed at a place where transfers are frequently and regularly carried out, the notice may be a general notice that transfers will be carried out within a period specified in the notice and the permission may be general and subject to such conditions as the harbour master or the Port Superintendent thinks fit.
(3) If oil is transferred from or to any ship in contravention of this section or if any condition attached to the permission given is not observed, the master of the ship and, where the oil is transferred from or to a place on land, the occupier of the place shall each be guilty of an offence.
Penalty: $400.
Inspection and report
(1) A person appointed by the Minister to report to him regarding the proper observance of this Act may for that purpose –
(a)go on board a ship;
(b)enter a place;
(c)inspect all records required to be kept under this Act;
(d)cause an entry in the records to be copied;
(e)require the person by whom the records are kept to certify the copy as a true copy of the entry;
(f)inspect and test equipment required to be installed under this Act;
(g)require any person to answer questions as to the observ-ance of this Act; and
(h)require the production of all books, papers and documents which he considers relevant for the purpose of his report.
(2) A person shall not assault, resist, hinder or obstruct a person producing a telegram or other written document referred to in section 18 and acting in the exercise of a power conferred by this section or fail to comply with a requirement made under this section or in giving any answer required under this section make a statement which is false or misleading.
Penalty: $400.
Exemptions
(1) Where the Minister is satisfied that –
(a)a requirement prescribed under this Act has been substantially complied with;
(b)compliance with a prescribed requirement is in the circumstances impracticable or unnecessary; or
(c)the action taken or provision made as regards a prescribed requirement is as effective as or more effective than actual compliance with the requirements,
he may direct that compliance with the requirement be dispensed with.
(2) The Minister may exempt a ship or class of ships from any of the provisions of this Act other than the provisions of section 4.
(3) Where an exemption has been granted under this section the Minister may at the same time or any later time impose conditions which he deems appropriate and may vary or revoke the conditions and a breach of any such condition shall incur the same penalties and consequences as a breach of the provision from which the exemption was granted.
(4) The Minister may revoke at any time an exemption granted under this section.
Evidence in proceedings
In proceedings under this Act –
(a)records required to be kept by this Act or by a Contracting Government to the Convention for the carrying out of the purposes of the Convention shall be admissible as evidence of the facts stated in those records;
(b)a copy of an entry in the records which is certified by the person by whom the records are required to be kept to be a true copy of the entry shall be admissible as evidence of the facts stated in the entry; and
(c)a document purporting to be a record kept in pursuance of the requirements referred to in this section or purporting to be such a certified copy as is referred to in paragraph (b) shall, unless the contrary is proved, be presumed to be such a record or such a certified copy.
Proceedings for offences
(1) No proceedings shall be taken for the recovery of a penalty for an offence under this Act without the approval of the Minister.
(2) The production of a telegram or statement in writing purporting to be signed by the Port Superintendent is evidence of the approval of the Minister for the taking of any proceedings.
(3) The taking of proceedings by an officer or employee of the Port Authority in respect of an offence under this Act shall be deemed to have been approved by the Minister unless the contrary is proved.
Proof of certain matters not required
In proceedings taken under this Act with the approval of the Minister it shall be deemed to be proved in the absence of proof to the contrary that –
(a)a ship is or at the relevant time was an intraterritory ship;
(b)the defendant is or at the relevant time was the occupier of any place; and
(c)the defendant is or at the relevant time was the person in charge of any apparatus used for transferring oil to or from a ship.
Evidence of administrative acts
The production of a telegram or other written document purporting to be signed by the Port Superintendent and stating that the Minister –
(a)appoints a person to carry out all or any of the inspections referred to in this Act;
(b)appoints a person to report to him regarding the proper observance of this Act; or
(c)imposes, varies or revokes a condition, grants an exemption or revokes an exemption under section 14,
is evidence that the Minister has acted in accordance with the tenor of the statement.
By-laws
The Port Authority may make by-laws, not inconsistent with this Act prescribing matters providing for and in relation to –
(a)the keeping of records for the purposes of this Act by masters of intraterritory ships or by occupiers of places, oil terminals, oil depots, oil installations or other establishments used for the loading or unloading of oil in bulk or at which ships are repaired or any other work is performed in relation to ships which may involve the disposal of oil residues;
(b)the definition, installation, inspection and testing of equip-ment required to be fitted to ships for the purpose of preventing the discharge of oil;
(c)the fees to be charged and paid in respect of an inspection or test of equipment in a ship; and
(d)the fees and conditions to be imposed in respect of the use of facilities provided by the Minister for enabling ships to dispose of oil residues.
[Repealed]
Regulations
The Administrator may make regulations not inconsistent with this Act prescribing all matters which are required or permitted to be prescribed or which are necessary or convenient to be prescribed for the carrying out of or the giving effect to this Act.
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Notes
The Prevention of Pollution of Waters by Oil Act comprises the Prevention of Pollution of Waters by Oil Ordinance 1962 as amended by the other Ordinances and Acts specified in the following table:
| Ordinance, Act | Number and year | Date of assent by Administrator | Date of commencement |
| Prevention of Pollution of Waters by Oil Ordinance 1962 | No. 27, 1962 | 26 June 1962 | 27 Feb 1963 |
| Date of notification of Governor- General's assent in N.T. Govt Gazette | |||
| Prevention of Pollution of Waters by Oil Ordinance 1970 | No. 19, 1971 | 28 Apr 1971 | 28 Apr 1971 |
| Date of assent by Administrator | |||
| Prevention of Pollution of Waters by Oil Ordinance 1972 | No. 13, 1972 | 1 June 1972 | 1 June 1972 |
| Ordinances Revision Ordinance 1973 as amended (a) | No. 87, 1973 No. 34, 1974 No. 69, 1974 No. 27, 1976 | 11 Dec 1973 26 Aug 1974 24 Oct 1974 28 June 1976 | 11 Dec 1973, but see s. 12(2); 11 Dec 1973, but see s. 3(2); 11 Dec 1973, but see s. 3; Ss 1, 2 and 6: 28 June 1976, but see s. 6(2); Ss 3 and 4: 11 Dec 1973; s. 5: 24 Oct 1974 |
| Transfer of Powers Ordinance 1976 as amended | No. 64, 1976 No. 65, 1976 | 22 Dec 1976 22 Dec 1976 | Ss 1 and 2: 22 Dec 1976; Remainder: 1 Jan 1977, but see s. 2(2) and (3); 22 Dec 1976 |
| Transfer of Powers (Self-Government) Ordinance 1978 | No. 54, 1978 | 1 July 1978 | 1 July 1978, but see s. 8 |
| Statute Law Revision Act 1978 | No. 95, 1978 | 5 Sept 1978 | 5 Sept 1978 |
| Statute Law Revision Act (No. 2) 1979 | No. 128, 1979 | 15 Oct 1979 | 15 Oct 1979 |
(a) General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Ordinances Revision Ordinance 1973 (as amended) to the following provisions: Ss 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 15 and 18.
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Table of Amendments
Section
Amended by No. 19, 1971, s. 2; No. 64, 1976, s. 4
Amended by No. 13, 1972, s. 2
Amended by No. 64, 1976, s. 4; No. 54, 1978, s. 3
Amended by No. 19, 1971, s. 3
Amended by No. 64, 1976, s. 4; No. 54, 1978, s. 3
Amended by No. 64, 1976, s. 4; No. 54, 1978, s. 3
Amended by No. 64, 1976, s. 4; No. 54, 1978, s. 3
Amended by No. 64, 1976, s. 4; No. 54, 1978, s. 3
Amended by No. 64, 1976, s. 4; No. 54, 1978, s. 3
Amended by No. 54, 1978, s. 4
Substituted by No. 19, 1971, s. 4; amended by No. 64, 1976, s. 4; No. 54, 1978,
s. 3
Inserted by No. 19, 1971, s. 4; repealed by No. 128, 1979, s. 37
Inserted by No. 19, 1971, s. 4; amended by No. 95, 1978 s. 14
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