Protection of the Sea (Discharge of Oil from Ships) Regulations (Cth)

Statutory Rules 1982 No. 2261

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Protection of the Sea (Discharge of Oil from Ships) Regulations

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, and in pursuance of section 4 of the Acts Interpretation Act 1901, hereby make the following Regulations under the Protection of the Sea (Discharge of Oil from Ships) Act 1981.

Dated 9 September 1982.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

RALPH J. HUNT

Minister of State for Transport and Construction

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Citation

1. These Regulations may be cited as the Protection of the Sea (Discharge of Oil from Ships) Regulations.

Interpretation

2. (1) In these Regulations, unless the contrary intention appears—

“Department” means the Department of State administered by the Minister;

“the Act” means the Protection of the Sea (Discharge of Oil from Ships) Act 1981.

(2) Except in so far as the contrary intention appears, an expression that is used in these Regulations and in the Convention (whether or not a particular meaning is assigned to it by the Convention) has, in these Regulations, the same meaning as in the Convention.

 

Prescribed office

3. For the purposes of section 11 of the Act, the office of Assistant Secretary, Marine Operations and Surveillance Services, in the Department is prescribed.

Prescribed manner of notifying a discharge

4. For the purposes of sub-section 11 (1) of the Act, the prescribed manner in which a prescribed officer shall be notified is by means of—

(a) a telephone message;

(b) an urgent telegram message;

(c) a telex message; or

(d) a radio message,

conveyed through the Australian Coastal Surveillance Centre in the Department being a message that commences with the code letters POLREP and the name and radio call-sign of the ship.

Prescribed form of report of a discharge

5. (1) For the purposes of sub-section 11 (1) of the Act, the form set out in Schedule 1 is prescribed.

(2) Where a time is required to be specified in the form referred to in sub-regulation (1), that time shall be expressed as Universal Co-ordinated Time.

Prescribed time for furnishing a report

6. For the purposes of sub-section 11 (1) of the Act, the period of 24 hours immediately following receipt of a request for a report is the prescribed time.

Prescribed form of oil record book

7. (1) For the purposes of sub-section 12 (2) of the Act, the prescribed form of oil record book is—

(a) in relation to an Australian ship that is a tanker—Form 1 in Schedule 2; and

(b) in relation to an Australian ship other than a tanker—Form 2 in Schedule 2.

(2) Where a time is required to be specified in an oil record book referred to in sub-regulation (1), that time shall be expressed as Universal Co-ordinated Time.

Prescribed operations or occurrences

8. (1) For the purposes of sub-sections 12 (4) and (5) of the Act, each of the following operations carried out in, or in relation to, an Australian ship is a prescribed operation:

(a) in the case of an Australian ship that is a tanker—

(i) the loading of oil cargo;

(ii) the transfer of oil cargo during a voyage;

(iii) the discharge of oil cargo;

(iv) the ballasting of cargo tanks;

(v) the cleaning of cargo tanks;

(vi) the discharge of dirty ballast;

(vii) the discharge of water from slop-tanks;

(viii) the disposal of residues;

(ix) the discharge overboard of bilge water containing oil which has accumulated in machinery spaces whilst the ship was in port;

(x) the routine discharge at sea of bilge water containing oil where the discharge has not been entered in a log book; and

(b) in the case of an Australian ship other than a tanker—

(i) the ballasting or cleaning of bunker fuel tanks;

(ii) the discharge of dirty ballast or cleaning water from bunker fuel tanks;

(iii) the disposal of residues;

(iv) the discharge overboard of bilge water containing oil which has accumulated in machinery spaces whilst the ship was in port;

(v) the routine discharge at sea of bilge water containing oil where the discharge has not been entered in a log book.

(2) For the purposes of sub-section 12 (4) of the Act, each of the following occurrences that occurs in, or in relation to, an Australian ship is a prescribed occurrence:

(a) the discharge of oil or an oily mixture from a ship for the purpose of—

(i) securing the safety of the ship;

(ii) preventing damage to the ship or cargo; or

(iii) saving life at sea;

(b) the discharge of oil or an oily mixture from a ship in consequence of damage to the ship or unavoidable leakage from the ship.

Prescribed offices for the purposes of section 14 of the Act

9. (1) For the purposes of sub-section 14 (4) of the Act, each of the following offices is a prescribed office:

(a) First Assistant Secretary, Marine Operations Division, in the Department;

(b) Assistant Director (Transport) in the Department, being the office in the State in which the registered office of the owner of the ship, for the purposes of sub-section 14 (3) of the Act, is situated.

(2) For the purposes of sub-section 14 (5) of the Act, the office of First Assistant Secretary, Marine Operations Division, in the Department is a prescribed office.

Application of sections 12 and 13 of the Act to foreign ships

10. For the purposes of sub-section 20 (1) of the Act, sections 12 and 13 of the Act apply to foreign ships (other than foreign ships to which the 1954

 

Convention applies) at any time when they are in a port in Australia or are in the territorial sea of Australia or in the sea on the landward side of the territorial sea of Australia while on their way to or from a port in Australia as if such ships were Australian ships.

Minister may make orders

11. The Minister may, by instrument in writing, make orders for and in relation to—

(a) giving effect to Article VII of the Convention; and

(b) the fixing of fees to be paid in respect of any matters under the orders.

Fee for deposit of oil record book with a prescribed officer

12. A fee of $20 is payable by an owner in respect of the deposit of an oil record book with a prescribed officer in accordance with sub-section 14 (5) of the Act.

Exemption

13. (1) For the purposes of paragraph 21 (1) (e) of the Act, each of the following classes of ships, being classes of ships comprising ships of any nationality, is prescribed:

(a) tankers under 150 tons gross tonnage;

(b) ships, other than tankers, of under 250 tons gross tonnage;

(c) whaling ships;

(d) ships, other than whaling ships, that are actually engaged in whaling operations;

(e) naval ships;

(f) ships for the time being demised or sub-demised to, or in the exclusive possession of, the Commonwealth for use as naval auxiliaries.

(2) A ship included in a class of ships prescribed for the purposes of paragraph 21 (1) (e) of the Act is exempted from the provisions of the Act and these Regulations.

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SCHEDULE 1 Regulation 5

POLLUTION REPORT

POLREP: To the Assistant Secretary, Marine Operations and Surveillance Services, in the Department, Canberra:

1.

Name and radio call-sign of ship

2.

Name of master

3.

Name of owner

4.

Address of owner—

(a) address of principal place of business of owner; or

(b) if the address referred to in paragraph (a) is outside Australia and the owner has an office or agent in Australia—the address of that office or that agent in Australia

5.

Date and time of the occurrence of the discharge

6.

Type of oil or oily mixture discharged

7.

Quantity of oil or oily mixture discharged

8.

Approximate surface area of oil or oily mixture at sea and, where applicable, deposited on land

9.

Geographical co-ordinates of centre of the surface area of oil or oily mixture at the time of reporting the discharge

10.

Geographical co-ordinates of the ship—

(i) at the time of the discharge; and

(ii) at the time of reporting the discharge

11.

Prevailing weather and sea conditions—

(i) at the time of the discharge; and

(ii) at the time of reporting the discharge

12.

The part of the ship from which the discharge occurred

13.

Nature of damage (if any) to the ship

14.

Next port of call and estimated time of arrival at that port

15.

Any special reasons—

(a) for the discharge; or

(b) making it impractical or unreasonable to retain the oil or oily mixture in the ship

16.

Hazardous circumstances affecting, or created by, the discharge

17.

General remarks

18.

Date and time of report

SCHEDULE 2

FORM 1 Paragraph 7 (1) (a)

OIL RECORD BOOK FOR TANKERS

Name of ship..............................................................................................

Total cargo carrying capacity of ship in cubic metres....................................

(a) Loading of oil cargo

1.	Date and place of loading
2.	Types of oil loaded
3.	Identity of tank(s) loaded

 

(b) Transfer of oil cargo during voyage

4.	Date of transfer
5	Identity of tank(s)	(i) From
		(ii) To
6	Was (were) tank(s) in 5(i) emptied?

 

(c) Discharge of oil cargo

7.	Date and place of discharge
8.	Identity of tank(s) discharged
9.	Was (were) tank(s) emptied?

 

(d) Ballasting of cargo tanks

10.	Identity of tank(s) ballasted
11.	Date and position of ship at start of ballasting

 

(e) Cleaning of cargo tanks

12.	Identity of tank(s) cleaned
13.	Date and duration of cleaning
14.	Methods of cleaning*

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* Hand hosing, machine washing or chemical cleaning. Where chemically cleaned, the chemical concerned and the amount used should be stated.

SCHEDULE 2—continued

(f) Discharge of dirty ballast

15.	Identity of tank(s)
16.	Date and position of ship at start of discharge to sea
17.	Date and position of ship at finish of discharge to sea
18.	Ship’s speed(s) during discharge
19.	Quantity discharged to sea
20.	Quantity of polluted water transferred to slop tank(s) (identify slop tank(s))
21.	Date and port of discharge into shore reception facilities (if applicable)

 

(g) Discharge of water from slop tanks

22.	Identity of slop tank(s)
23.	Time of settling from last entry of residues or
24.	Time of settling from last discharge
25.	Date, time and position of ship at start of discharge
26.	Sounding of total contents at start of discharge
27.	Sounding of interface at start of discharge
28.	Bulk quantity discharged and rate of discharge
29.	Final quantity discharged and rate of discharge
30.	Date, time and position of ship at end of discharge
31.	Ship’s speed(s) during discharge
32.	Sounding of interface at end of discharge

 

SCHEDULE 2—continued

(h) Disposal of residues

33.	Identity of tank(s)
34.	Quantity disposed from each tank
35.	Method of disposal of residue: (a) Reception facilities (b) Mixed with cargo (c)Transferred to another (other) tank(s) (identify tank(s)) (d) Other method
36.	Date and port of disposal of residue

 

(i) Discharge overboard of bilge water containing oil which has accumulated in machinery spaces (including pump rooms) whilst in port*

37.	Port
38.	Duration of stay
39.	Quantity disposed
40.	Date and place of disposal
41.	Method of disposal (state whether a separator was used)

 

(j) Accidental or other exceptional discharges of oil

42.	Date and time of occurrence
43.	Place or position of ship at time of occurrence
44.	Approximate quantity and type of oil
45.	Circumstances of discharge or escape and general remarks

 

........................................................... Signature of Officer or Officers in charge of operations concerned

........................................................... Signature of Master

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* The routine discharge at sea of bilge water containing any oil from machinery spaces including pump room bilges need not be entered in the oil record book but, if not, it must be entered in the appropriate log book, stating whether or not the discharge was made through a separator. Where the pump starts automatically and discharges through a separator at all times it will be sufficient to enter each day “Automatic discharge from bilges through separator”.

 

SCHEDULE 2—continued

FORM 2 Paragraph 7 (1) (b)

OIL RECORD BOOK FOR SHIPS OTHER THAN TANKERS

Name of ship..............................................................................................

(a) Ballasting or cleaning of bunker fuel tanks

1.	Identity of tank(s) ballasted
2.	Whether cleaned since they last contained oil and, if not, type of oil previously carried
3.	Date and position of ship at start of cleaning
4.	Date and position of ship at start of ballasting

 

(b) Discharge of dirty ballast or cleaning water from tanks referred to under paragraph (a)

5.	Identity of tank(s)
6.	Date and position of ship at start of discharge
7.	Date and position of ship at finish of discharge
8.	Ship’s speed(s) during discharge
9.	Method of discharge (state whether separator used)
10.	Quantity discharged

 

(c) Disposal of residues

11.	Quantity of residue retained on board
12.	Methods of disposal of residue: (a) reception facilities (b) mixed with next bunkering (c) transferred to another (other) tank(s)
13.	Date and port of disposal of residue

 

SCHEDULE 2—continued

(d) Discharge overboard of bilge water containing oil which has accumulated in machinery spaces whilst in port*

14.	Port
15.	Duration of stay
16.	Quantity disposed
17.	Date and place of disposal
18.	Method of disposal (state whether separator was used)

 

(e) Accidental or other exceptional discharges of oil

19.	Date and time of occurrence
20.	Place or position of ship at time of occurrence
21.	Approximate quantity and type of oil
22.	Circumstances of discharge or escape and general remarks

 

........................................................... Signature of Officer or Officers in charge of operations concerned

........................................................... Signature of Master

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* The routine discharge at sea of bilge water containing any oil from machinery spaces need not be entered in the oil record book but if not. it must be entered in the appropriate log book, stating whether or not the discharge was made through a separator. Where the pump starts automatically and discharges through a separator at all times it will be sufficient to enter each day “Automatic discharge from bilges through a separator”.

 

NOTE

1. Notified in the Commonwealth of Australia Gazette