Protection of the Sea (Discharge of Oil from Ships) Act 1981 (Cth)
Section
1. Short title
2. Commencement
3. Repeal
4. Interpretation
5. Act to bind Crown
6. Saving of other laws
7. Operation of Act
8. Delegation
9. Prohibition of the discharge of oil or oily mixtures into sea
10. Protection of the Great Barrier Reef
11. Duty to report discharge of oil or oily mixtures from Australian ships
12. Oil record book
13. False entries in oil record book
14. Oil record book to be retained
15. Powers of inspectors
16. Prosecution of offences against Act
17. No time limit for prosecution
18. Evidence
19. Evidence of analyst
20. Application of certain provisions to foreign ships
21. Regulations
22. Orders
THE INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION OF THE SEA BY OIL, 1954
TABLE
OF PROVISIONS—
THE 1962 AMENDMENTS TO THE INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION OF THE SEA BY OIL, 1954
THE 1969 AMENDMENTS TO THE INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION OF THE SEA BY OIL, 1954
THE 1971 AMENDMENTS TO THE INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION OF THE SEA BY OIL, 1954 CONCERNING THE PROTECTION OF THE GREAT BARRIER REEF
THE 1971 AMENDMENTS TO THE INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION OF THE SEA BY OIL, 1954 CONCERNING TANK ARRANGEMENTS AND LIMITATION OF TANK SIZE
[
BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
Pollution of the Sea by Oil Act 1960
Pollution of the Sea by Oil Act 1965
Pollution of the Sea by Oil Act 1972.
“Australia” includes the external Territories;
“Australian ship” means—
(a) a ship registered in Australia; or
(b) an unregistered ship having Australian nationality;
“foreign ship” means a ship that is not an Australian ship;
“inspector” means a person who—
(a) is a surveyor for the purposes of the
Navigation Act 1912; or(b) is appointed by the Minister, by writing under his hand, to be an inspector for the purposes of this Act;
“master”, in relation to a ship, means the person having command or charge of the ship;
“the Convention” means the 1954 Convention as amended by—
(a) the 1962 Amendments and the 1969 Amendments;
(b) on and after the date fixed by Proclamation for the purposes of section 10, the 1971 (Great Barrier Reef) Amendments; and
(c) on and after the date fixed by Proclamation for the purposes of sub-section 2 (2) of the
Navigation (Protection of the Sea )Amendment Act 1981, the 1971 (Tanker) Amendments;“the 1954 Convention” means the International Convention for the Prevention of Pollution of the Sea by Oil, 1954 (a copy of the English text of which is set forth in Schedule 1);
“the 1962 Amendments” means the amendments to the 1954 Convention that were adopted on 11 April 1962 by a conference of Contracting Governments to the 1954 Convention (a copy of the English text of which is set forth in Schedule 2);
“the 1969 Amendments” means the amendments to the 1954 Convention that were adopted on 21 October 1969 by the Assembly of the Inter-Governmental Maritime Consultative Organization (a copy of the English text of which is set forth in Schedule 3);
“the 1971 (Great Barrier Reef) Amendments” means the amendments to the 1954 Convention concerning the protection of the Great Barrier Reef that were adopted on 12 October 1971 by the Assembly of the Inter-Governmental Maritime Consultative Organization (a copy of the English text of which is set forth in Schedule 4);
“the 1971 (Tanker) Amendments” means the amendments to the 1954 Convention concerning tank arrangements and limitation of tank size that were adopted on 15 October 1971 by the Assembly of the Inter-Governmental Maritime Consultative Organization (a copy of the English text of which is set forth in Schedule 5);
“this Act” includes the regulations and orders made in pursuance of the regulations.
(a) in the case of the master—$50,000;
(b) in the case of the owner, if the owner is not a body corporate—$50,000; and
(c) in the case of the owner, if the owner is a body corporate—$100,000.
(a) into the territorial sea of Australia;
(b) into the sea on the landward side of the territorial sea of Australia;
(c) for the purpose of securing the safety of a ship, preventing damage to a ship or cargo or saving life at sea; or
(d) if the oil or oily mixture, as the case may be, had escaped from the ship in consequence of damage to the ship or unavoidable leakage and all reasonable precautions were taken after the occurrence of the damage or the discovery of the leakage for the purpose of preventing or minimizing the escape of oil or oily mixture, as the case may be.
(a) the discharge of oil from a ship other than a tanker or from the machinery space bilges of a tanker if all the following conditions are satisfied:
(i) the discharge occurs when the ship is proceeding
en route; (ii) the instantaneous rate of discharge of oil content does not exceed 60 litres per mile;
(iii) the discharge is made as far as practicable from land;
(b) the discharge of an oily mixture from a ship other than a tanker or from the machinery space bilges of a tanker if all the following conditions are satisfied:
(i) the discharge occurs when the ship is proceeding
en route; (ii) the instantaneous rate of discharge of oil content does not exceed 60 litres per mile;
(iii) the discharge is made as far as practicable from land;
(iv) the oil content of the discharge is less than 100 parts in 1,000,000 parts of the mixture;
(c) the discharge of oil or of an oily mixture from a tanker that occurs when the tanker is not on a ballast voyage (not being a discharge from the machinery space bilges of the tanker or a discharge to which paragraph (e) applies) if all the following conditions are satisfied:
(i) the discharge occurs when the tanker is proceeding
en route; (ii) the instantaneous rate of discharge of oil content does not exceed 60 litres per mile;
(iii) the discharge is made when the tanker is more than 50 miles from the nearest land;
(d) the discharge of oil or of an oily mixture from a tanker that occurs when the tanker is on a ballast voyage (not being a discharge from
the machinery space bilges of the tanker or a discharge to which paragraph (e) applies) if all the following conditions are satisfied:
(i) the discharge occurs when the tanker is proceeding
en route; (ii) the instantaneous rate of discharge of oil content does not exceed 60 litres per mile;
(iii) the discharge is made when the tanker is more than 50 miles from the nearest land;
(iv) the total quantity of oil discharged on the voyage does not exceed one fifteen-thousandth of the total cargo-carrying capacity of the tanker; or
(e) the discharge of oil or of an oily mixture from a tanker that occurs when ballast is discharged from a cargo tank of the tanker, being a cargo tank that had, after cargo had last been carried in the tank, been so cleaned that any effluent from the tank, if it had been discharged into clean calm water on a clear day while the tanker was stationary, would not have produced any visible traces of oil on the surface of the water.
Penalty: $5,000.
(a) the territorial sea of Australia; or
(b) the sea on the landward side of the territorial sea of Australia.
Penalty: $5,000.
(a) in the case of the master—$5,000;
(b) in the case of the owner, if the owner is not a body corporate—$5,000; and
(c) in the case of the owner, if the owner is a body corporate—$10,000.
Penalty: $5,000.
(a) shall be made in the English language; and
(b) shall 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.
Penalty: $10,000.
(a) in the case of the master—$5,000;
(b) in the case of the owner, if the owner is not a body corporate—$5,000; and
(c) in the case of the owner, if the owner is a body corporate—$10,000.
(a) in the ship; or
(b) at the registered office of the owner,
until the expiration of the period of 12 months next following the expiration of the period during which the book is required to be retained in the ship by virtue of sub-section (1).
(a) the place at which he so resides;
(b) his office in Australia or, if he has more than one office in Australia, his principal office in Australia; or
(c) the office or place of residence of his agent or, if his agent has more than one office in Australia, the principal office in Australia of his agent,
and the place or office of which an address is furnished for the time being under this sub-section is the registered office of the owner of the ship for the purposes of sub-section (3).
(a) whether a provision of this Act that is applicable in relation to an Australian ship has been complied with in respect of the ship;
(b) whether a provision of the Convention that is applicable in relation to a foreign ship has been complied with in respect of the ship; or
(c) whether a provision of a law of a country other than Australia giving effect to the Convention, being a provision that is applicable in relation to a foreign ship, has been complied with in respect of the ship,
an inspector may—
(d) go on board the ship with such assistants and equipment as he considers necessary;
(e) require the master of the ship to take such steps as the inspector directs to facilitate the boarding;
(f) inspect and test any machinery or equipment of the ship;
(g) require the master of the ship to take such steps as the inspector directs to facilitate the inspection or testing of any machinery or equipment of the ship;
(h) open, or require the master of the ship to cause to be opened, any hold, bunker, tank, compartment or receptacle in or on board the ship and inspect the contents of any hold, bunker, tank, compartment or receptacle in or on board the ship;
(j) require the master of the ship to produce the ship’s oil record book or any other books, documents or records relating to the ship or its cargo that are carried in the ship;
(k) make copies of, or take extracts from, any such books, documents or records;
(m) require the master of the ship to certify that a true copy of an entry in the ship’s oil record book made by the inspector is a true copy of such an entry;
(n) examine, and take samples of, any substances on board the ship; and
(o) require a person to answer questions.
(a) without reasonable excuse, refuse or fail to comply with a requirement made of him by an inspector in the exercise of his powers under sub-section (1); or
(b) in answer to a question that he is required to answer under sub-section (1), make a statement that is false or misleading in a material particular.
Penalty: $2,000.
(a) in the case of a person, not being a body corporate—$2,000; or
(b) in the case of a person, being a body corporate—$5,000.
(a) any record kept in pursuance of this Act is admissible as
prima facie evidence of the facts stated in the record;(b) a copy of an entry in such a record, being a copy certified by the person by whom the record is required to be kept to be a true copy of the entry, is admissible as
prima facie evidence of the facts stated in the entry; and(c) a document purporting to be a record kept in pursuance of this Act, or purporting to be such a certified copy as referred to in paragraph (b), shall, unless the contrary is proved, be deemed to be such a record or certified copy, as the case may be.
(a) for and in relation to giving effect to Article VII of the Convention;
(b) empowering the Minister to make orders for and in relation to—
(i) giving effect to Article VII of the Convention; and
(ii) the fixing of fees to be paid in respect of any matters under the orders;
(c) fixing fees to be paid in respect of any matters under this Act;
(d) prescribing penalties, not exceeding a fine of $500, for a contravention of, or failure to comply with, a provision of the regulations or of any of the orders made in pursuance of the regulations; and
(e) exempting, either absolutely or subject to conditions, a prescribed ship, or ships included in a prescribed class of ships, from all or any of the provisions of this Act or of the regulations.
(a) a trading ship proceeding on a voyage other than an overseas voyage or an inter-State voyage;
(b) an Australian fishing vessel proceeding on a voyage other than an overseas voyage; or
(c) a pleasure craft.
(a) “trading ship”, “inter-State voyage”, “Australian fishing vessel” and “pleasure craft” have the same respective meanings as they have in the
Navigation Act 1912;(b) “overseas voyage” has the same meaning as it has in the
Navigation Act 1912 except that a voyage of an Australian fishing vessel, being a ship that is regularly engaged in making voyages from a port or ports in Queensland, commencing at a port in that State and ending at the same port or another port in that State shall not be taken to be an overseas voyage by reason only that, as an incidental part of its fishing operations on that voyage, the ship calls at a port or ports in Papua New Guinea; and(c) a ship shall be deemed to be proceeding on a voyage from the time when it has got under way for the purpose of proceeding on the voyage until the time when it has got under way for the purpose of proceeding on another voyage.
SCHEDULE 1 Sub-section 4 (1)
The Governments represented at the International Conference on Pollution of the Sea by Oil held in London from 26th April, 1954, to 12th May, 1954,
Desiring to take action by common agreement to prevent pollution of the sea by oil discharged from ships, and considering that this end may best be achieved by the conclusion of a Convention,
Have accordingly appointed the undersigned plenipotentiaries, who, having communicated their full powers, found in good and due form, have agreed as follows:—
ARTICLE I
(1) For the purposes of the present Convention, the following expressions shall (unless the context otherwise requires) have the meanings hereby respectively assigned to them, that is to say:—
“The Bureau” has the meaning assigned to it by Article XXI;
“Discharge” in relation to oil or to an oily mixture means any discharge or escape howsoever caused;
“Heavy diesel oil” means marine diesel oil, other than those distillates of which more than 50 per cent, by volume distils at a temperature not exceeding 340°C. when tested by A.S.T.M. Standard Method D. 158/53;
“Mile” means a nautical mile of 6080 feet or 1852 metres;
“Oil” means crude oil, fuel oil, heavy diesel oil and lubricating oil, and “oily” shall be construed accordingly.
(2) For the purposes of the present Convention the territories of a Contracting Government mean the territory of the country of which it is the Government and any other territory for the international relations of which the Government is responsible and to which the Convention shall have been extended under Article XVIII.
ARTICLE II
The present Convention shall apply to sea-going ships registered in any of the territories of a Contracting Government, except
(i) ships for the time being used as naval auxiliaries;
(ii) ships of under 500 tons gross tonnage;
(iii) ships for the time being engaged in the whaling industry;
(iv) ships for the time being navigating the Great Lakes of North America and their connecting and tributary waters as far east as the lower exit of the Lachine Canal at Montreal in the Province of Quebec, Canada.
ARTICLE III
(1) Subject to the provisions of Articles IV and V, the discharge from any tanker, being a ship to which the Convention applies, within any of the prohibited zones referred to in Annex A to the Convention in relation to tankers of—
(
a ) oil;(
b ) any oily mixture the oil in which fouls the surface of the sea,
shall be prohibited.
For the purposes of this paragraph the oil in an oily mixture of less than 100 parts of oil in 1,000,000 parts of the mixture shall not be deemed to foul the surface of the sea.
(2) Subject to the provisions of Articles IV and V, any discharge into the sea from a ship, being a ship to which the Convention applies and not being a tanker, of oily ballast water or tank washings shall be made as far as practicable from land. As from a date three years after the date on which the Convention comes into force, paragraph (1) of this Article shall apply to ships other than tankers as it applies to tankers, except that:—
(
a ) the prohibited zones in relation to ships other than tankers shall be those referred to as such in Annex A to the Convention; and
(
b ) the discharge of oil or of an oily mixture from such a ship shall not be prohibited when the ship is proceeding to a port not provided with such reception facilities as are referred to in Article VIII.
(3) Any contravention of paragraphs (1) and (2) of this Article shall be an offence punishable under the laws of the territory in which the ship is registered.
ARTICLE IV
(1) Article III shall not apply to:—
(
a ) the discharge of oil or of an oily mixture from a ship for the purpose of securing the safety of the ship, preventing damage to the ship or cargo, or saving life at sea; or(
b ) the escape of oil, or of an oily mixture, resulting from damage to the ship or unavoidable leakage, if all reasonable precautions have been taken after the occurrence of the damage or discovery of the leakage for the purpose of preventing or minimising the escape;(
c ) the discharge of sediment:—(i) which cannot be pumped from the cargo tanks of tankers by reason of its solidity; or
(ii) which is residue arising from the purification or clarification of oil fuel or lubricating oil,
provided that such discharge is made as far from land as is practicable.
(2) In the event of such discharge or escape as is referred to in this Article a statement shall be made in the oil record book required by Article IX of the circumstances of and reason for the discharge.
ARTICLE V
Article III shall not apply to the discharge from the bilges of a ship:—
(
a ) of any oily mixture during the period of twelve months following the date on which the Convention comes into force in respect of the territory in which the ship is registered;(
b ) after the expiration of such period, of an oily mixture containing no oil other than lubricating oil.
ARTICLE VI
The penalties which may be imposed in pursuance of Article III under the law of any of the territories of a Contracting Government in respect of the unlawful discharge from a ship of oil or of an oily mixture into waters outside the territorial waters of that territory shall not be less than the penalties which may be imposed under the law of that territory in respect of the unlawful discharge of oil or of an oily mixture from a ship into such territorial waters.
ARTICLE VII
As from a date twelve months after the present Convention comes into force in respect of any of the territories of a Contracting Government all ships registered in that territory shall be required to be so fitted as to prevent the escape of fuel oil or heavy diesel oil into bilges the contents of which are discharged into the sea without being passed through an oily-water separator.
ARTICLE VIII
As from a date three years after the present Convention comes into force in respect of any of the territories of a Contracting Government, that Government shall ensure the provision in each main port in that territory of facilities adequate for the reception, without causing undue delay to ships, of such residues from oily ballast water and tank washings as would remain for disposal by ships, other than tankers, using the port, if the water had been separated by the use of an oily-water separator, a settling tank or otherwise. Each Contracting Government shall from time to time determine which ports are the main ports in its territories for the purposes of this Article, and shall notify the Bureau in writing accordingly indicating whether adequate reception facilities have been installed.
ARTICLE IX
(1) There shall be carried in every ship to which the Convention applies an oil record book (whether as part of the ship’s official log-book or otherwise) in the form specified in Annex B to the present Convention. The appropriate entries shall be made in that book, and each page of the book, including any statement under paragraph (2) of Article IV, shall be signed by the officer or officers in
charge of the operations concerned and by the master of the ship. The written entries in the oil record book shall be in an official language of the territory in which the ship is registered, or in English or French.
(2) The competent authorities of any of the territories of a Contracting Government may inspect on board any such ship while within a port in that territory the oil record book required to be carried in the ship in compliance with the provisions of the Convention, and may make a true copy of any entry in that book and may require the master of the ship to certify that the copy is a true copy of such entry. Any copy so made which purports to have been certified by the master of the ship as a true copy of an entry in the ship’s oil record book shall be made admissible in any judicial proceedings as evidence of the facts stated in the entry. Any action by the competent authorities under this paragraph shall be taken as expeditiously as possible and the ship shall not be delayed.
ARTICLE X
(1) Any Contracting Government may furnish to the Contracting Government in the territory of which a ship is registered particulars in writing of evidence that any provision of the Convention has been contravened in respect of that ship, wheresoever the alleged contravention may have taken place. If it is practicable to do so, the competent authorities of the former Government shall notify the master of the ship of the alleged contravention.
(2) Upon receiving such particulars the latter Government shall investigate the matter, and may request the former Government to furnish further or better particulars of the alleged contravention. If the Government in the territory of which the ship is registered is satisfied that sufficient evidence is available in the form required by law to enable proceedings against the owner or master of the ship to be taken in respect of the alleged contravention, it shall cause such proceedings to be taken as soon as possible, and shall inform the other Contracting Government and the Bureau of the result of such proceedings.
ARTICLE XI
Nothing in the present Convention shall be construed as derogating from the powers of any Contracting Government to take measures within its jurisdiction in respect of any matter to which the Convention relates or as extending the jurisdiction of any Contracting Government.
ARTICLE XII
Each Contracting Government shall send to the Bureau and to the appropriate organ of the United Nations:—
(
a ) the text of laws, decrees, orders and regulations in force in its territories which give effect to the present Convention;(
b ) all official reports or summaries of official reports in so far as they show the results of the application of the provisions of the Convention, provided always that such reports or summaries are not, in the opinion of that Government, of a confidential nature.
ARTICLE XIII
Any dispute between Contracting Governments relating to the interpretation or application of the present Convention which cannot be settled by negotiation shall be referred at the request of either party to the International Court of Justice for decision unless the parties in dispute agree to submit it to arbitration.
ARTICLE XIV
(1) The present Convention shall remain open for signature for three months from this day’s date and shall thereafter remain open for acceptance.
(2) Governments may become parties to the Convention by—
(i) signature without reservation as to acceptance;
(ii) signature subject to acceptance followed by acceptance; or
(iii) acceptance.
(3) Acceptance shall be effected by the deposit of an instrument of acceptance with the Bureau, which shall inform all Governments that have already signed or accepted the Convention of each signature and deposit of an acceptance and of the date of such signature or deposit.
ARTICLE XV
(1) The present Convention shall come into force twelve months after the date on which not less than ten Governments have become parties to the Convention, including five Governments of countries each with not less than 500,000 gross tons of tanker tonnage.
(2)—(
(
ARTICLE XVI
(1) Upon the request of any Contracting Government a proposed amendment of the present Convention shall be communicated by the Bureau to all Contracting Governments for consideration.
(2) Any amendment communicated to Contracting Governments for consideration under paragraph (1) of this Article shall be deemed to have been accepted by all Contracting Governments and shall come into force on the expiration of a period of six months after it has been so communicated, unless any one of the Contracting Governments shall have made a declaration not less than two months before the expiration of that period that it does not accept the amendment.
(3)—(
(
(4) Any amendment communicated to Contracting Governments for their acceptance under paragraph (3) of this Article shall come into force for all Contracting Governments, except those which before it comes into force make a declaration that they do not accept the amendment, twelve months after the date on which the amendment is accepted by two-thirds of the Contracting Governments.
(5) Any declaration under this Article shall be made by a notification in writing to the Bureau which shall notify all Contracting Governments of the receipt of the declaration.
(6) The Bureau shall inform all signatory and Contracting Governments of any amendments which come into force under this Article, together with the date on which such amendments shall come into force.
ARTICLE XVII
(1) The present Convention may be denounced by any Contracting Government at any time after the expiration of a period of five years from the date on which the Convention comes into force for that Government.
(2) Denunciation shall be effected by a notification in writing addressed to the Bureau, which shall notify all the Contracting Governments of any denunciation received and of the date of its receipt.
(3) A denunciation shall take effect twelve months, or such longer period as may be specified in the notification, after its receipt by the Bureau.
ARTICLE XVIII
(1)—(
(
(2)—(
(
(3) The Bureau shall inform all Contracting Governments of the extension of the Convention to any territories under paragraph (1) of this Article, and of the termination of any such extension under paragraph (2) of this Article, stating in each case the date from which the Convention has been, or will cease to be, so extended.
ARTICLE XIX
(1) In case of war or other hostilities, a Contracting Government which considers that it is affected, whether as a belligerent or as a neutral, may suspend the operation of the whole or any part of the present Convention in respect of all or any of its territories. The suspending Government shall immediately give notice of any such suspension to the Bureau.
(2) The suspending Government may at any time terminate such suspension and shall in any event terminate it as soon as it ceases to be justified under paragraph (1) of this Article. Notice of such termination shall be given immediately to the Bureau by the Government concerned.
(3) The Bureau shall notify all Contracting Governments of any suspension or termination of suspension under this Article.
ARTICLE XX
As soon as the present Convention comes into force it shall be registered by the Bureau with the Secretary-General of the United Nations.
ARTICLE XXI
The duties of the Bureau shall be carried out by the Government of the United Kingdom of Great Britain and Northern Ireland unless and until the Inter-Governmental Maritime Consultative Organisation comes into being and takes over the duties assigned to it under the Convention signed at Geneva on the 6th day of March, 1948, and thereafter the duties of the Bureau shall be carried out by the said Organisation.
In witness whereof the undersigned plenipotentiaries have signed the present Convention.
Done in London this twelfth day of May, 1954, in English and French, both texts being equally authoritative, in a single copy, which shall be deposited with the Bureau and of which the Bureau shall transmit certified copies to all signatory and Contracting Governments.
(
ANNEX A
Prohibited Zones
(1) Subject to paragraph (3) of this Annex, the prohibited zones in relation to tankers shall be all sea areas within 50 miles from land, with the following exceptions:—
(a)
The Adriatic Zones Within the Adriatic Sea the prohibited zones off the coasts of Italy and Yugoslavia respectively shall each extend for a distance of 30 miles from land, excepting only the island of Vis. When the present Convention has been in force for a period of three years the said zones shall each be extended by a further 20 miles in width unless the two Governments agree to postpone such extension. In the event of such an agreement the said Governments shall notify the Bureau accordingly not less than three months before the expiration of such period of three years and the Bureau shall notify all Contracting Governments of such agreement.
(
b )The North Sea Zone The North Sea Zone shall extend for a distance of 100 miles from the coasts of the following countries:—
Belgium
Denmark
the Federal Republic of Germany
the Netherlands
the United Kingdom of Great Britain and Northern Ireland,
but not beyond the point where the limit of a 100-mile zone off the west coast of Jutland intersects the limit of the 50-mile zone off the coast of Norway.
(
c )The Atlantic Zone The Atlantic Zone shall be within a line drawn from a point on the Greenwich meridian 100 miles in a north-north-easterly direction from the Shetland Islands; thence northwards along the Greenwich meridian to latitude 64° north; thence westwards along the 64th parallel to longitude 10° west; thence to latitude 60° north, longitude 14° west; thence to latitude 54° 30’ north, longitude 30° west; thence to latitude 44° 20’ north, longitude 30° west; thence to latitude 48° north, longitude 14° west; thence eastwards along the 48th parallel to a point of intersection with the 50-mile zone off the coast of France. Provided that in relation to voyages which do not extend seawards beyond the Atlantic Zone as defined above, and which are to ports not provided with adequate facilities for the reception of oily residue, the Atlantic Zone shall be deemed to terminate at a distance of 100 miles from land.
(
d )The Australian Zone The Australian Zone shall extend for a distance of 150 miles from the coasts of Australia, except off the north and west coasts of the Australian mainland between the point opposite Thursday Island and the point on the west coast at 20° south latitude.
(2) Subject to paragraph (3) of this Annex the prohibited zones in relation to ships other than tankers shall be all sea areas within 50 miles from land with the following exceptions:—
(
a )The Adriatic Zones Within the Adriatic Sea the prohibited zones off the coasts of Italy and Yugoslavia respectively shall each extend for a distance of 20 miles from land, excepting only the island of Vis. After the expiration of a period of three years following the application of prohibited zones to ships other than tankers in accordance with paragraph (2) of Article III the said zones shall each be extended by a further 30 miles in width unless the two Governments agree to postpone such extension. In the event of such an agreement the said Governments shall notify the Bureau accordingly not less than three months before the expiration of such period of three years, and the Bureau shall notify all Contracting Governments of such agreement.
(
b )The North Sea and Atlantic Zones The North Sea and Atlantic Zones shall extend for a distance of 100 miles from the coasts of the following countries:—
Belgium
Denmark
the Federal Republic of Germany
Ireland
the Netherlands
the United Kingdom of Great Britain and Northern Ireland,
but not beyond the point where the limit of a 100-mile zone off the west coast of Jutland intersects the limit of the 50-mile zone off the coast of Norway.
(3)—(
(i) the reduction of any zone off the coast of any of its territories;
(ii) the extension of any such zone to a maximum of 100 miles from any such coast,
by making a declaration to that effect and the reduction or extension shall come into force after the expiration of a period of six months after the declaration has been made, unless any one of the Contracting Governments shall have made a declaration not less than two months before the expiration of that period that its interests are affected either by reason of the proximity of its coasts or by reason of its ships trading in the area, and that it does not accept the reduction or extension, as the case may be.
(
ANNEX B
FORM OF OIL RECORD BOOK
I.—For Tankers
Date of Entry |
(a) |
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(b) |
|
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(c) |
|
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(d) |
|
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Signature of Officer or Officers
…………………………in charge of the operations concerned
…………………………Signature of Master
II—For Ships Other Than Tankers
Date of Entry |
(a) |
|
|
|
|
|
|
|
(b) |
|
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Signature of Officer or Officers
………………………….in charge of the operations concerned
…………………………Signature of Master
III.
Date of Entry |
|
|
|
|
Signature of Officer or Officers
…………………………in charge of the operations concerned
…………………………Signature of Master
SCHEDULE 2 Sub-section 4 (1)
1. The existing text of Article I of the Convention is replaced by the following:
ARTICLE I
(1) For the purposes of the present Convention, the following expressions shall (unless the context otherwise requires) have the meanings hereby respectively assigned to them, that is to say:
‘The Bureau’ has the meaning assigned to it by Article XXI;
‘Discharge’ in relation to oil or to oily mixture means any discharge or escape howsoever caused;
‘Heavy diesel oil’ means marine diesel oil, other than those distillates of which more than 50 per cent by volume distils at a temperature not exceeding 340°C. when tested by A.S.T.M. Standard Method D.86/59;
‘Mile’ means a nautical mile of 6,080 feet or 1,852 metres;
‘Oil’ means crude oil, fuel oil, heavy diesel oil and lubricating oil, and ‘oily’ shall be construed accordingly;
‘Oily mixture’ means a mixture with an oil content of 100 parts or more in 1,000,000 parts of the mixture;
‘Organisation’ means the Inter-Governmental Maritime Consultative Organization;
‘Ship’ means any sea-going vessel of any type whatsoever, including floating craft, whether self-propelled or towed by another vessel, making a sea voyage; and ‘tanker’ means a ship in which the greater part of the cargo space is constructed or adapted for the carriage of liquid cargoes in bulk and which is not, for the time being, carrying a cargo other than oil in that part of its cargo space.
(2) For the purposes of the present Convention, the territories of a Contracting Government mean the territory of the country of which it is the Government and any other territory for the international relations of which it is responsible and to which the Convention shall have been extended under Article XVIII.
2. The existing text of Article II of the Convention is replaced by the following:
ARTICLE II
(1) The present Convention shall apply to ships registered in any of the territories of a Contracting Government and to unregistered ships having the nationality of a Contracting Party, except:
(
a ) tankers of under 150 tons gross tonnage and other ships of under 500 tons gross tonnage, provided that each Contracting Government will take the necessary steps, so far as is reasonable and practicable, to apply the requirements of the Convention to such ships also, having regard to their size, service and the type of fuel used for their propulsion;(
b ) ships for the time being engaged in the whaling industry when actually employed on whaling operations;(
c ) ships for the time being navigating the Great Lakes of North America and their connecting and tributary waters as far east as the lower exit of St. Lambert Lock at Montreal in the Province of Quebec, Canada;(
d ) naval ships and ships for the time being used as naval auxiliaries.
(2)
Each Contracting Government undertakes to adopt appropriate measures ensuring
that requirements equivalent to those of the present Convention are, so far as
is reasonable and practicable, applied to the ships referred to in
sub-paragraph (
3. The existing text of Article III of the Convention is replaced by the following:
ARTICLE III
Subject to the provisions of Articles IV and V:
(
a ) the discharge from a tanker to which the present Convention applies, within any of the prohibited zones referred to in Annex A to the Convention, of oil or oily mixture shall be prohibited;
(
b ) the discharge from a ship to which the present Convention applies, other than a tanker, of oil or oily mixture shall be made as far as practicable from land. As from a date three years after that on which the Convention comes into force for the relevant territory in respect of the ship in accordance with paragraph (1) of Article II, sub-paragraph (a ) of this Article shall apply to a ship other than a tanker, except that the discharge of oil or of oily mixture from such a ship shall not be prohibited when the ship is proceeding to a port not provided with such facilities for ships other than tankers as are referred to in Article VIII;(
c ) the discharge from a ship of 20,000 tons gross tonnage or more, to which the present Convention applies and for which the building contract is placed on or after the date on which this provision comes into force, of oil or oily mixture shall be prohibited. However, if, in the opinion of the master, special circumstances make it neither reasonable nor practicable to retain the oil or oily mixture on board, it may be discharged outside the prohibited zones referred to in Annex A to the Convention. The reasons for such discharge shall be reported to the Contracting Government of the relevant territory in respect of the ship in accordance with paragraph (1) of Article II. Full details of such discharges shall be reported to the Organization at least every twelve months by Contracting Governments.
4. The existing text of Article IV of the Convention is replaced by the following:
ARTICLE IV
Article III shall not apply to:
(
a ) the discharge of oil or of oily mixture from a ship for the purpose of securing the safety of a ship, preventing damage to a ship or cargo, or saving life at sea;(
b ) the escape of oil or of oily mixture resulting from damage to a ship or unavoidable leakage, if all reasonable precautions have been taken after the occurence of the damage or discovery of the leakage for the purpose of preventing or minimizing the escape;(
c ) the discharge of residue arising from the purification or clarification of fuel oil or lubricating oil, provided that such discharge is made as far from land as is practicable.
5. The existing text of Article V of the Convention is replaced by the following:
ARTICLE V
Article III shall not apply to the discharge from the bilges of a ship:
(
a ) during the period of twelve months following the date on which the present Convention comes into force for the relevant territory in respect of the ship in accordance with paragraph (1) of Article II, of oily mixture;(
b ) after the expiration of such period, of oily mixture containing no oil other than lubricating oil which has drained or leaked from machinery spaces.
| ||
For 0.3L from the forward perpendicular of the ship | Any other part of the ship | |
| L/10 | 5 metres |
| B/6 or 10.0 metres, whichever is less | 5 metres |
|
| |
| ||
2.
The
hypothetical oil outflow in the case of collision (O
2.1
Collision O
c = ΣWi + ΣKi Ci (1)2.2
Stranding O
s = ⅓(ΣZi Wi + ΣZi Ci ) (2)where: W
i = volume of a wing tank in cubic metres breached by the damage assumed in Section 1; Wi for a clean ballast tank may be taken equal to zero,C
i = volume of a centre tank in cubic metres breached by the damage assumed in Section 1; Ci for a clean ballast tank may be taken equal to zero,K
i = 1 - bi /tc ;when bi is equal to or greater than tc , Ki shall be taken equal to zero,Z
i = 1 - hi /vs ; when hi is equal to or greater than vs , Zi shall be taken equal to zero,b
i = width of wing tank in metres under consideration,h
i = minimum depth of the double bottom in metres under consideration; where no double bottom is fitted, hi shall be taken equal to zero,wing tank = any tank adjacent to the side shell plating,
centre tank = any tank inboard a longitudinal bulkhead.
2.3
Special requirements 2.3.1 If a void space or clean water ballast tank of a length less than
l c as defined in 1.1 is located between wing oil tanks, Oc in formula (1) may be calculated on the basis of volume Wi being the actual volume of one such tank (where they are of equal capacity) or the smaller of the two tanks (if they differ in capacity) adjacent to such space, multiplied by Si as defined below and taking for all other wing tanks involved in such a collision the value of the actual full volume.S
i = 1 -l i /l c where:
l i = length in metres of void space or clean ballast tank under consideration.2.3.2 (a) Credit shall only be given in respect of double bottom tanks which are either empty or carrying clean water when cargo is carried in the tanks above.
(b) Where the double bottom does not extend for the full length and width of the tank involved, the double bottom is considered non-existent and the volume of the tanks above the area of the stranding damage shall be included in formula (2) even if the tank is not considered breached because of the installation of such a partial double bottom.
2.3.2 (c) Suction wells may be neglected in the determination of the value h
i provided such wells are not excessive in area and extend below the tank for a minimum distance and in no case more than half the height of the double bottom. If the depth of such a well exceeds half the height of the double bottom, hi shall be taken equal to the double bottom height minus the well height.Piping serving such wells if installed within the double bottom shall be fitted with valves or other closing arrangements located at the point of connection to the tank served to prevent oil outflow in the event of damage of the piping during stranding. Such piping shall be installed as high from the bottom shell as possible.
2.3.3 In the case where stranding damage simultaneously involves four centre tanks, the value of O
s may be calculated according to the formulaO
s = ¼ (ΣZi Wi + ΣZi Ci ) (3)2.3.4 An Administration may credit as reducing oil outflow in case of stranding, an installed cargo transfer system having an emergency high suction in each cargo oil tank, capable of transferring from a breached tank or tanks to segregated ballast tanks or to available cargo tankage if it can be assured that such tanks will have sufficient ullage. Credit for such a system would be governed by ability to transfer in two hours of operation, oil equal to one half of the largest of the breached tanks involved and by availability of equivalent receiving capacity in ballast or cargo tanks. The credit shall be confined to permitting calculation of O
s according to formula (3). The pipes for such suctions shall be installed at least at a height not less than the vertical extent of the stranding damage Vs . The Administration shall supply the Organization with the information concerning the arrangements accepted by it, for circulation to other governments.
3.
3.1
Limitation of hypothetical oil outflow The hypothetical oil outflow O
c or Os calculated in accordance with the formulae in Section 2 shall not exceed 30,000 cubic metres or 4003 √DW, whichever is the greater but subject to a maximum of 40,000 cubic metres, where DW = deadweight of the ship in metric tons.3.2
Limitation of volume of single tank The volume of a wing tank shall not exceed seventy-five per cent of the limits of hypothetical oil outflow referred to in 3.1. The volume of a centre tank shall not exceed 50,000 cubic metres.
3.3
Limitation of tank length The length of each tank shall not exceed 10 metres or one of the following values, whichever is the greater:
(a) where no longitudinal bulkhead is provided:
0.1L
(b) where a longitudinal bulkhead is provided at the centreline only:
0.15L
(c) where two or more longitudinal bulkheads are provided:
(i) for wing tanks:
0.2L
(ii) for centre tanks:
(1) if b
i /B is equal to or greater than 1/5:0.2L
(2) if b
i /B g is less than 1/5:- where no centreline longitudinal bulkhead is provided:
(0.5 b
i /B + 0.1)L- where a centreline longitudinal bulkhead is provided:
(0.25b
i
0
0
0