Protection of the Sea Legislation Amendment Act 1986 (Cth)
This compilation was prepared on 8 December 2010
taking into account amendments up to Act No. 8 of 2007
The text of any of those amendments not in force
on that date is appended in the Notes section
The operation of amendments that have been incorporated may be affected by application provisions that are set out in the Notes section
Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra
Contents
This Act may be cited as the
Protection of the Sea Legislation Amendment Act 1986.
(1) Sections 1, 2, 3, 13, 16, 30, 31 and 32 and Part V shall come into operation on the day on which this Act receives the Royal Assent.
(2) Sections 5, 6 and 7, subsections 12(1), 15(1) and 17(1), sections 18 and 19 and subsections 20(1), 29(1) and 33(1) shall come into operation on the day on which Part II of the
Protection of the Sea (Prevention of Pollution from Ships) Act 1983 comes into operation.(3) Sections 8, 9 and 10, subsections 12(2), 15(2), 17(2) and 20(2), sections 21, 22, 23, 24 and 25 and subsections 29(2), 33(2) and 34(1) and (2) shall come into operation on the day on which Part III of the
Protection of the Sea (Prevention of Pollution from Ships) Act 1983 comes into operation.(4) The remaining provisions of this Act shall come into operation on such respective days as are fixed by Proclamation.
(5) The day fixed under subsection (4) for the coming into operation of a provision of Part IV, shall not be a day earlier than the day on which the Protocol of 1992 to amend the International Convention on Civil Liability for Oil Pollution Damage, 1969 comes into force for Australia.
The
Navigation Act 1912 is in this Part referred to as the Principal Act.
Section 250 of the Principal Act is amended;
(a) by adding at the end of paragraph (a) “and”;
(b) by omitting from paragraph (b) “; and”; and
(c) by omitting paragraph (c).
Section 267 of the Principal Act is amended;
(a) by omitting from subsection (2) “the Northern Territory” and substituting “a Territory”; and
(b) by omitting from subsection (3) “in pursuance of” and substituting “pursuant to”.
Section 267D of the Principal Act is amended by omitting subsections (3) and (4).
Section 267K of the Principal Act is amended;
(a) by omitting from subsection (4) “or not complied with”;
(b) by omitting from subsection (5) “, or failure to comply with,” ; and
(c) by omitting from paragraph (5)(a) “, or non‑compliance with,”.
Section 267N of the Principal Act is amended;
(a) by omitting from subsection (2) “the Northern Territory” and substituting “a Territory”; and
(b) by omitting from subsection (3) “in pursuance of” and substituting “pursuant to”.
Section 267S of the Principal Act is amended;
(a) by inserting after subsection (1) the following subsection:
“(1A) Without limiting the generality of subsection (1), an Australian ship in respect of which a chemical tanker construction certificate is in force shall, for the purposes of that subsection, be taken to be damaged if the ship becomes unfit to proceed to sea without presenting an unreasonable threat of harm to the marine environment.”; and
(b) by omitting subsections (3) and (4).
Section 267Y of the Principal Act is amended;
(a) by omitting from subsection (4) “or not complied with”;
(b) by omitting from subsection (5) “, or failure to comply with,”; and
(c) by omitting from paragraph (5)(a) “, or non‑compliance with,”.
(1) In this Division, unless the contrary intention appears;
Annex III means Annex III to the Prevention of Pollution from Ships Convention;
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.
(2) Except in so far as the contrary intention appears, an expression that is used in this Division and in the Prevention of Pollution from Ships Convention, including Annex III but not including any other Annex to that Convention, (whether or not a particular meaning is assigned to it by that Convention) has, in this Division, the same meaning as in that Convention.
(3) For the purposes of this Division, a ship shall not be taken to comply with the provisions of Annex III if it does not comply with the regulations and orders referred to in section 267ZC.
(1) Section 2 does not have effect in relation to the provisions of this Division.
(2) The provisions of this Division do not apply in relation to a ship referred to in subsection 2(1) to the extent that a law of a State or Territory makes provision giving effect to Regulations 1 to 6 (inclusive) of Annex III in relation to that ship.
(3) A reference in this section to the provisions of this Division shall be read as including a reference to the provisions of any regulations made for the purposes of subsection 267ZC(1) and of any orders made pursuant to any such regulations.
(1) The regulations may make provision for and in relation to giving effect to Regulations 1 to 6 (inclusive) of Annex III.
(2) Without limiting the generality of subsection (1), regulations made for the purposes of that subsection may empower the Minister to make orders with respect to any matter for or in relation to which provision may be made by the regulations by virtue of this section.
(3) Section 426 applies to orders made pursuant to regulations made by virtue of subsection (1) of this section.
(1) In this Division, unless the contrary intention appears;
Annex IV means Annex IV to the Prevention of Pollution from Ships Convention;
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;
sewage certificate means an International Sewage Pollution Prevention Certificate (1973) issued under section 267ZG or 267ZH.
(2) Except in so far as the contrary intention appears, an expression that is used in this Division and in the Prevention of Pollution from Ships Convention, including Annex IV but not including any other Annex to that Convention, (whether or not a particular meaning is assigned to it by that Convention) has, in this Division, the same meaning as in that Convention.
(3) For the purposes of this Division, a ship shall not be taken to comply with the provisions of Annex IV if it does not comply with the regulations and orders referred to in section 267ZF.
(1) Section 2 does not have effect in relation to the provisions of this Division.
(2) Subject to subsection (3), the provisions of this Division apply to a ship included in a prescribed class of ships.
(3) The provisions of this Division do not apply to a ship referred to in subsection 2(1) to the extent that a law of a State or of a Territory makes provision giving effect to Regulations 3, 4, 6, 7 and 11 of Annex IV in relation to that ship.
(4) A reference in this section to the provisions in this Division shall be read as including a reference to the provisions of any regulations made for the purposes of subsection 267ZF and of any orders made pursuant to any such regulations.
(1) The regulations may make provision for and in relation to giving effect to Regulations 3 and 11 of Annex IV.
(2) Without limiting the generality of subsection (1), regulations made for the purposes of that subsection may empower the Minister to make orders with respect to any matter for or in relation to which provision may be made by the regulations by virtue of this section.
(3) Section 426 applies to orders made pursuant to regulations made by virtue of subsection (1) of this section.
(1) Where, on receipt of declarations of survey in respect of an Australian ship, the Minister is satisfied that the ship is constructed in accordance with the provisions of Annex IV, the Minister may, whether or not the ship is required by Annex IV to be constructed in accordance with those provisions, issue in respect of the ship an International Sewage Pollution Prevention Certificate (1973) in the prescribed form attesting such compliance.
(2) Where an Australian ship in respect of which a sewage certificate has been issued is not in a port, or at an off‑shore terminal, in Australia at the time when the certificate expires, the Minister may, if he or she considers it appropriate and reasonable to extend the certificate for the purpose of allowing the ship to complete its voyage to the place where it is to be surveyed again for the purpose of subsection (1), extend the certificate for a period not exceeding 5 months but, when the ship reaches that place, the certificate shall, for the purposes of section 267ZM, be taken to have ceased to be in force.
Where;
(a) at the request of the Government of the State under whose authority a foreign ship is operating (not being a ship which is entitled to fly the flag of a State which is not a Party to the Prevention of Pollution from Ships Convention), the Minister has caused that ship to be surveyed; and
(b) the Minister, on receipt of declarations of survey in respect of that ship, is satisfied that the ship is constructed in accordance with the provisions of Annex IV,
the Minister may, whether or not the ship is required by Annex IV to be constructed in accordance with those provisions, issue in respect of the ship an International Sewage Pollution Prevention Certificate (1973) in the prescribed form attesting such compliance.
(1) Where the construction of an Australian ship in respect of which a sewage certificate is in force is altered, or such a ship is damaged, in a manner which affects its compliance with the provisions of Annex IV, the master or owner of the ship shall, within 7 days after the construction of the ship is altered or the ship is damaged, as the case may be, give a notice in writing of the alteration or damage to such person, and in such form, as are prescribed and, if the notice is not so given, 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—$1,000; or
(b) if the offender is a body corporate—$5,000.
(2) Where a notice required to be given under subsection (1) is not given within the period referred to in that subsection, the following provisions of this subsection have effect:
(a) the obligation to give the notice continues, notwithstanding that that period has expired, until the notice is given;
(b) the master and the owner of the ship are each guilty of a separate and further offence in respect of each day during which the notice is not given, being a day after the expiration of that period;
(c) the penalty applicable to each such separate and further offence is a fine not exceeding;
(i) if the offender is a natural person—$1,000; or
(ii) if the offender is a body corporate—$5,000.
(3) Where the Minister has reason to believe that;
(a) the report of a surveyor in respect of an Australian ship in respect of which a sewage certificate is in force was fraudulently or erroneously made or obtained;
(b) a sewage certificate has been issued in respect of an Australian ship upon false or erroneous information;
(c) the construction of an Australian ship in respect of which a sewage certificate is in force has been altered, or such a ship has been damaged, in a manner which affects its compliance with the provisions of Annex IV; or
(d) the owner of an Australian ship in respect of which a sewage certificate is in force has failed to comply with subsection 267ZK(1) in respect of the ship,
the Minister may, by instrument in writing under the Minister’s hand, cancel the certificate.
(4) Where the Minister cancels a sewage certificate issued in respect of an Australian ship, the certificate is of no force or effect after the Minister has given notice in writing of the cancellation addressed to the owner, agent or master of the ship and served in accordance with the regulations.
(5) Where a sewage certificate issued in respect of an Australian ship is cancelled under this section, the Minister may, by notice in writing addressed to the owner, agent or master of the ship and served in accordance with the regulations, require the certificate to be delivered up to the Minister or to such other person as the Minister specifies, and the Minister may detain the ship until the requirement is complied with.
(1) The owner of an Australian ship in respect of which a sewage certificate is in force shall, at least once during each period that is a prescribed period in relation to the ship for the purposes of this section, cause the ship to be surveyed for the purpose of ensuring its compliance with the provisions of Annex IV.
(2) Where the owner of an Australian ship in respect of which a sewage certificate is in force fails to comply with subsection (1) in relation to the ship and to a period that is a prescribed period in relation to the ship, the owner is guilty of an offence punishable upon conviction by a fine not exceeding;
(a) if the owner is a natural person:—$2,000; or
(b) if the owner is a body corporate:—$10,000.
(1) Subject to subsection (2), a sewage certificate issued in respect of an Australian ship ceases to have effect if the ship in respect of which it was issued ceases to be an Australian ship.
(2) If an Australian ship becomes entitled to fly the flag of another State which is a Party to the Prevention of Pollution from Ships Convention, a sewage certificate issued in respect of the ship shall continue to have effect until;
(a) the expiration of a period of 5 months after the ship became so entitled;
(b) the certificate would, but for this section, have ceased to have effect; or
(c) another International Sewage Pollution Prevention Certificate (1973) is issued in respect of the ship,
whichever occurs first.
(1) The master of an Australian ship to which this Division applies shall not take that ship to sea unless a sewage certificate is in force in respect of that ship.
(2) The owner of an Australian ship to which this Division applies shall not permit that ship to be taken to sea unless a sewage certificate is in force in respect of that ship.
Penalty;
(a) if the offender is a natural person:—$10,000, or imprisonment for 4 years, or both; or
(b) if the offender is a body corporate:—$50,000.
(3) The regulations may exempt ships included in a prescribed class of ships from the application of subsections (1) and (2), either absolutely or subject to conditions.
The owner of an Australian ship in respect of which a sewage certificate is in force shall cause the certificate to be carried on board the ship.
Penalty: $1,000.
Where;
(a) application is made to an officer of Customs in respect of an Australian ship for a clearance under the Customs Act for a voyage from a port in Australia; and
(b) the master of the ship would contravene subsection 267ZM (1) if the master took the ship to sea without there being in force in respect of the ship a sewage certificate,
the master of the ship shall, if so required by the officer of Customs, produce to the officer of Customs the sewage certificate in force in respect of the ship, and the officer of Customs may refuse to grant the clearance, and the ship may be detained, until the certificate is produced to the officer.
(1) Subject to subsection (2), where the Minister is of the opinion that a foreign ship is not constructed in accordance with the provisions of Annex IV (whether or not the ship is required by Annex IV to be so constructed), the Minister may, by notice in writing addressed to the master or the owner of the ship and served in accordance with the regulations, direct;
(a) that the ship shall not enter any port, or a specified port or specified ports, in Australia;
(b) that the ship shall not use any off‑shore terminal, or a specified off‑shore terminal or specified off‑shore terminals, in Australia;
(c) that the ship comply with specified requirements while it is entering, is in or is leaving any port, or a specified port or specified ports, in Australia; or
(d) that the ship comply with specified requirements while it is approaching, is using or is leaving any off‑shore terminal, or a specified off‑shore terminal or specified off‑shore terminals, in Australia.
(2) The Minister shall not exercise his or her powers under subsection (1) except to the extent that it appears to the Minister necessary or expedient to do so for the protection of the environment.
(3) Nothing in this section shall be taken to prevent the issuing of more than one direction under subsection (1) in relation to a ship.
(4) If a direction under subsection (1) is contravened in relation to a ship, 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:—$10,000; or
(b)
if the offender is a body corporate:—$50,000.
(5) In proceedings for an offence against subsection (4) by reason of a contravention of a direction under subsection (1), it is a defence if it is proved;
(a) that the contravention of the direction resulted from the need to save life at sea or was due to an emergency involving a threat to a person’s life; or
(b) that compliance with the direction was not possible.
An offence against subsection 267ZM(1) or (2) or 267ZQ(4) is an indictable offence.”.
(1) Section 394 of the Principal Act is amended;
(a) by omitting from paragraph (4)(d) “267G(3), 267K(4), 267V(1), 267Y(4) or”;
(b) by omitting from paragraph (4)(ca) “or”; and
(c) by adding at the end of subsection (4) the following paragraph:
“(e) in the case of an offence against subsection 267G(3) or 267K(4);
(i) if the offender is a natural person‑a fine not exceeding $2,000; or
(ii) if the offender is a body corporate‑a fine not exceeding $10,000.”.
(2) Section 394 of the Principal Act is amended by omitting from paragraph (4)(e) “or 267K(4)” and substituting “, 267K(4), 267V(1) or 267Y(4)”.
(1) Where, in proceedings for an offence against this Act in respect of any conduct engaged in by a corporation, it is necessary to establish the state of mind of the corporation, it is sufficient to show that a director, servant or agent of the corporation, being a director, servant or agent by whom the conduct was engaged in within the scope of his or her actual or apparent authority, had that state of mind.
(2) Any conduct engaged in on behalf of a corporation;
(a) by a director, servant or agent of the corporation within the scope of his or her actual or apparent authority; or
(b) by any other person at the direction or with the consent or agreement (whether express or implied) of a director, servant or agent of the corporation, where the giving of such direction, consent or agreement is within the scope of the actual or apparent authority of the director, servant or agent, shall be deemed, for the purposes of a provision of this Act that creates an offence, to have been engaged in by the corporation.
(3) A reference in subsection (1) to the state of mind of a person includes a reference to the knowledge, intention, opinion, belief or purpose of the person and the person’s reasons for the intention, opinion, belief or purpose.”.
(1) The Principal Act is amended as set out in Schedule 1.
(2) The Principal Act is amended as set out in Schedule 2.
The
Protection of the Sea (Prevention of Pollution from Ships) Act 1983 is in this Part referred to as the Principal Act.
(1) Section 3 of the Principal Act is amended;
(a) by omitting “, apart from Annexes III, IV and V to it,” from the definition of “the 1978 Protocol” in subsection (1);
(b) by inserting after subsection (1A) the following subsection:
“(1AA) A reference in this Act to the sea near the Jervis Bay Territory shall be read as a reference to the sea in that Territory.”; and
(c) by inserting after subsection (1B) the following subsection:
“(1BA) For the purposes of this Act, the laws of the Jervis Bay Territory shall be taken to include laws, other than this Act, in force in that Territory.”.
(2) Section 3 of the Principal Act is amended;
(a) by omitting “III”, from the definition of “the 1973 Convention” in subsection (1);
(b) by omitting “and” from paragraph (a) of the definition of “the 1978 Protocol” in subsection (1); and
(c) by inserting after paragraph (a) of the definition of “the 1978 Protocol” in subsection (1) the following paragraph:
“(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”.
(3) Section 3 of the Principal Act is amended by omitting “, apart from Annexes IV and V,” from the definition of “the 1973 Convention” in subsection (1).
Section 9 of the Principal Act is amended;
(a) by inserting in subsection (1A) “, the Jervis Bay Territory” after “State” (first occurring); and
(b) by inserting in subsection (1B) “, the Jervis Bay Territory” after “State”.
Section 10 of the Principal Act is amended by omitting “an external Territory” and substituting “a Territory”.
(1) Section 11 of the Principal Act is amended;
(a) by inserting in subsection (1A) “, the Jervis Bay Territory” after “State” (first occurring); and
(b) by inserting in subsection (1B) “, the Jervis Bay Territory” after “State”.
(2) Section 11 of the Principal Act is amended;
(a) by omitting from subsection (1) “manner, a prescribed officer of the incident” and substituting:
“manner:
(a) where Australia or an external Territory is the nearest coastal State to the place where the incident occurred‑a prescribed officer; or
(b) where a foreign country is the nearest coastal State to that place; the government of that foreign country,
of the incident.”;
(b) by omitting from subsection (3) “manner, a prescribed officer of the incident and, if a prescribed officer” and substituting:
“manner;
(c) where Australia or an external Territory is the nearest coastal State to the place where the incident occurred‑a prescribed officer; or
(d) where a foreign country is the nearest coastal State to that place; the government of that foreign country,
of the incident, and, if a prescribed officer or a government, as the case may be,”;
(c) by inserting in subsection (6) “or a government” after “officer” (first occurring);
(d) by inserting in subsection (6) “or that government, as the case may be” after “officer” (second occurring);
(e) by inserting in subsection (6) “or that government, as the case may be,” after “officer” (last occurring);
(f) by inserting in subsection (7) “or a government” after “officer” (first occurring);
(g) by inserting in subsection (7) “or that government, as the case may be” after “officer” (second occurring);
(h) by inserting in subsection (7) “or that government, as the case may be,” after “officer” (last occurring);
(j) by inserting in subsection (8) “or a government” after “officer” (wherever occurring); and
(k) by inserting in subsection (9) “or a government” after “officer” (wherever occurring).
Section 21 of the Principal Act is amended;
(a) by inserting in subsection (1A) “, the Jervis Bay Territory” after “State” (first occurring);
(b) by inserting in subsection (1B) “, the Jervis Bay Territory” after “State”;
(c) by omitting from paragraph (4) (c) “of not less than 5% of the total volume of the tank”;
(d) by omitting from subsection (4) “residue diluted by that water” and substituting “water containing that residue”;
(e) by omitting from paragraph (5) (c) “of not less than 5% of the total volume of the tank”;
(f) by omitting from subsection (5) “residue diluted by that water” and substituting “water containing that residue”;
(g) by omitting from paragraph (7) (a) all the words after “has been” and substituting “pre‑washed in accordance with a procedure approved by a prescribed officer; and”; and
(h) by omitting paragraph (7) (b) and substituting the following paragraph;
“(b) the resulting tank washings have been discharged to a reception facility,”.
(1) Notwithstanding 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 II 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;
(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 substance or substances that the tanker is permitted to carry;
(c) the prescribed substance is the substance, or a substance, referred to in subparagraph (b)(ii);
(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 inspector 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 II;
(a) section 9 applies in relation to the discharge of the substance as if the substance were oil within the meaning of Part II; and
(b) section 21 does not apply in relation to the discharge of the substance.”.
Section 22 of the Principal Act is amended;
(a) by inserting in subsection (1A) “, the Jervis Bay Territory” after “State” (first occurring);
(b) by inserting in subsection (1B) “, the Jervis Bay Territory” after “State”;
(c) by omitting from subsection (1) “manner, a prescribed officer of the incident” and substituting:
“manner;
(a) where Australia or an external Territory is the nearest coastal State to the place where the incident occurred; a prescribed officer; or
(b) where a foreign country is the nearest coastal State to that place‑the government of that foreign country,
of the incident.”;
(d) by omitting from subsection (3) “manner, a prescribed officer of the incident and, if a prescribed officer” and substituting:
“manner
(c) where Australia or an external Territory is the nearest coastal State to the place where the incident occurred‑a prescribed officer; or
(d) where a foreign country is the nearest coastal State to that place; the government of that foreign country,
of the incident, and, if a prescribed officer or a government, as the case may be,”;
(e) by inserting in subsection (6) “or a government” after “officer” (first occurring);
(f) by inserting in subsection (6) “or that government, as the case may be” after “officer” (second occurring);
(g) by inserting in subsection (6) “or that government, as the case may be,” after “officer” (last occurring);
(h) by inserting in subsection (7) “or a government” after “officer” (first occurring);
(j) by inserting in subsection (7) “or that government, as the case may be” after “officer” (second occurring);
(k) by inserting in subsection (7) “or that government, as the case may be,” after “officer” (last occurring);
(m) by inserting in subsection (8) “or a government” after “officer” (wherever occurring); and
(n) by inserting in subsection (9) “or a government” after “officer” (wherever occurring).
Section 25 of the Principal Act is amended by omitting from subsection (3) “one year” and substituting “2 years”.
(1) In this Part, ‘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 the contrary intention appears, an expression that is used in this Part and in Annex III to the Convention (whether or not a particular meaning is assigned to it by that Annex) has, in this Part the same meaning as in that Annex.
(1) This section does not apply in relation to prescribed incidents that occur in the sea near a State, the Jervis Bay Territory or an external Territory to the extent that a law of that State or Territory makes provision giving effect to Protocol I to the Convention in relation to those prescribed incidents.
(2) This section does not apply in relation to a prescribed incident that occurs in relation to a foreign ship unless the incident occurs in the sea near a State, the Jervis Bay Territory or an external Territory.
(3) Where a prescribed incident occurs in relation to a ship, the master of the ship shall, without delay, notify, in the prescribed manner;
(a) where Australia or an external Territory is the nearest coastal State to the place where the incident occurred; a prescribed officer; or
(b) where a foreign country is the nearest coastal State to that place; the government of that foreign country,
of the incident.
Penalty: $5,000.
(4) In a prosecution of a person for an offence against subsection (3) 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.
(5) Where a prescribed incident occurs in relation to a ship and;
(a) the master of the ship is unable to comply with subsection (3) 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;
(c) where Australia or an external Territory is the nearest coastal State to the place where the incident occurred; a prescribed officer; or
(d) where a foreign country is the nearest coastal State to that place; the government of that foreign country,
of the incident, and, if a prescribed officer or a government, as the case may be, is not so notified, each of those persons is guilty of an offence punishable, upon conviction, by a fine not exceeding;
(e) in the case of a person, not being a body corporate—$5,000; or
(f) in the case of a person, being a body corporate—$25,000.
(6) In a prosecution of a person for an offence against subsection (5) 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 paragraph (5)(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.
(7) Subsection (6) 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 (5).
(8) A master of a ship who, pursuant to subsection (3), has notified a prescribed officer or a government of the occurrence of a prescribed incident shall, if so requested by a prescribed officer or that government, as the case may be, give, within the prescribed time, a report to a prescribed officer or that government, as the case may be, in relation to the incident in accordance with the prescribed form.
Penalty: $5,000.
(9) Where subsection (5) applies in relation to a prescribed incident in relation to a ship, a person who, pursuant to that subsection, has notified a prescribed officer or a government of the occurrence of the prescribed incident shall, if so requested by a prescribed officer or that government, as the case may be, give, within the prescribed time, a report to a prescribed officer or that government, as the case may be, in relation to the incident in accordance with the prescribed form.
Penalty: $5,000.
(10) A person shall not, in a notice given to a prescribed officer or a government pursuant to subsection (3) or (5) or in a report given to a prescribed officer or a government pursuant to subsection (8) or (9), make a statement that is false or misleading in a material particular.
Penalty: $5,000.
(11) 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.
Where a person who proposes to export or import a prescribed harmful substance proposes to do so by having that substance carried as cargo in a ship in packaged form or in a freight container, portable tank or road and rail tank wagon, that person or the master of the ship shall, within a prescribed time, notify, in the prescribed manner, a prescribed officer of the proposal and, if a prescribed officer is not so notified of the proposal and the substance is carried as proposed, that person and the master are each guilty of an offence punishable, upon conviction, by a fine not exceeding;
(a) if the offender is a natural person—$5,000; or
(b) if the offender is a body corporate—$25,000.
(1) Subject to subsections (2), (3), (4), (5) and (6), 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 the sea, 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—$50,000; or
(b) if the offender is a body corporate—$250,000.
(2) Subsection (1) does not apply in relation to the sea near a State.
(3) Subsection (1) does not apply in relation to the sea near the Jervis Bay Territory or an external Territory to the extent that a law of the Territory makes provision giving effect to Regulation 7 of Annex III to the Convention in relation to that sea.
(4) Subsection (1) does not apply to the discharge of a harmful substance from a foreign ship unless the discharge occurs in the sea near the Jervis Bay Territory or an external Territory.
(5) Subsection (1) does not apply to the discharge of a harmful substance from a ship for the purpose of securing the safety of the ship or saving life at sea.
(6) Where a harmful substance referred to in subsection (1) is discharged from a ship into the sea 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.
(7) 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 the sea, but it is a defence if it is proved that, by virtue of subsection (2), (3), (4), (5) or (6), subsection (1) does not apply in relation to the discharge.
Section 26B of the Principal Act is amended by inserting after subsection (10) the following subsection:
“(10A) A notice given to a prescribed officer or a government pursuant to subsection (3) or (5), and a report given to a prescribed officer or a government pursuant to subsection (8) or (9), shall not, without the consent of the person charged, be admitted in evidence in a prosecution for an offence against subsection 26AB(1).”.
Except in so far as the contrary intention appears, an expression that is used in this Part and in Annex IV to the Convention (whether or not a particular meaning is assigned to it by that Annex) has, in this Part, the same meaning as in that Annex.
(1) Subject to subsections (2) to (9) (inclusive), if any discharge of sewage occurs from a ship into the sea, 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—$50,000; or
(b) if the offender is a body corporate—$250,000.
(2) Subsection (1) does not apply in relation to the sea near a State.
(3) Subsection (1) does not apply in relation to the sea near the Jervis Bay Territory or an external Territory to the extent that a law of the Territory makes provision giving effect to paragraphs (1)(a) and (b) of Regulation 8 and to Regulation 9 of Annex IV to the Convention in relation to that sea.
(4) Subsection (1) does not apply to the discharge of sewage from a foreign ship unless the discharge occurs in the sea near the Jervis Bay Territory or an external Territory.
(5) Subsection (1) does not apply to the discharge of sewage from a ship;
(a) for the purpose 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.
(6) Without limiting the generality of subsection (5) but subject to subsection (9), 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.(7) Without limiting the generality of subsection (5) but subject to subsection (9), 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 inspector 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 1912 ; 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.
(8) Without limiting the generality of subsection (5) but subject to subsection (9), subsection (1) does not apply to the discharge of sewage if the discharge is made into the territorial waters of a foreign country in accordance with the law of that country.
(9) Without limiting the generality of subsection (5), 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 the sea is prohibited under another Part 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 (6), (7) and (8), subsection (1);
(c) applies to the discharge of the sewage from a ship notwithstanding that the conditions referred to in subsection (6), (7) or (8) 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.
(10) 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 the sea, but it is a defence if it is proved that, by virtue of subsection (2), (3), (4), (5), (6), (7), (8) or (9), subsection (1) does not apply in relation to the discharge.
Except in so far as the contrary intention appears, an expression that is used in this Part and in Annex V to the Convention (whether or not a particular meaning is assigned to it by that Annex) has, in this Part, the same meaning as in that Annex.
(1) Subject to subsections (2) to (11) (inclusive), if any disposal of garbage from a ship into the sea occurs, 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—$50,000; or
(b) if the offender is a body corporate—$250,000.
(2) Subsection (1) does not apply in relation to the sea near a State.
(3) Subsection (1) does not apply in relation to the sea near the Jervis Bay Territory or an external Territory to the extent that a law of the Territory makes provision giving effect to Regulations 3, 5 and 6 of Annex V to the Convention in relation to that sea.
(4) Subsection (1) does not apply to the disposal of garbage from a foreign ship unless the disposal occurs in the sea near the Jervis Bay Territory or an external Territory.
(5) 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.
(6) Without limiting the generality of subsection (5) but subject to subsection (11), 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;
(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.
(7) Without limiting the generality of subsection (5) but subject to subsection (11), subsection (1) does not apply to the disposal of garbage(not being plastics, garbage referred to in subsection (6) or food wastes) from a ship into the sea if the following conditions are satisfied:
(a) the disposal occurs when the ship is not within a special area;
(b) the disposal occurs when the ship is as far as practicable from the nearest land;
(c) except where paragraph (d) applies—the ship is at a distance of not less than 12 nautical miles from the nearest land;
(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.
(8) Without limiting the generality of subsection (5) but subject to subsection (11), subsection (1) does not apply to the disposal of garbage, being food wastes, from a ship into the sea if;
(a) 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
(b) the conditions referred to in paragraphs (7)(a), (b) and (d) are satisfied.
(9) Where garbage escapes from a ship into the sea 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.
(10) Where a synthetic fishing net, or synthetic material used in the repair of such a net, on a ship is accidently 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.
(11) Without limiting the generality of subsection (5), where;
(a) garbage is mixed with matter the discharge or disposal of which from a ship into the sea is prohibited under another Part 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 (6) to (10) (inclusive),
subsection (1);
(c) applies to the disposal of the garbage from a ship notwithstanding that the conditions referred to in subsection (6), (7), (8), (9) or (10) 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.
(12) 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 the sea, but it is a defence if it is proved that, by virtue of subsection (5), (6), (7), (8), (9), (10) or (11), subsection (1) does not apply in relation to the disposal.
(13) In this section ‘plastics’ includes synthetic ropes, synthetic fishing nets and plastic garbage bags.
(1) Section 28 of the Principal Act is amended;
(a) by inserting in subsection (3) “, other than an offence against the section referred to in subsection (4)” after “Act”;
(b) by omitting from paragraph (3)(b) “$5,000” and substituting “$10,000”; and
(c) by adding at the end the following subsections:
“(4) Where, in accordance with subsection (2), a court of summary jurisdiction convicts a person of an offence against section 9, the penalty that the court may impose is a fine not exceeding:
(a) in the case of a person, not being a body corporate—$5,000; or
(b) in the case of a person, being a body corporate—$25,000.
“(5) Where, in proceedings for an offence against this Act in respect of any conduct engaged in by a corporation, it is necessary to establish the state of mind of the corporation, it is sufficient to show that a director, servant or agent of the corporation, being a director, servant or agent by whom the conduct was engaged in within the scope of his or her actual or apparent authority, had that state of mind.
“(6) Any conduct engaged in on behalf of a corporation;
(a) by a director, servant or agent of the corporation within the scope of his or her actual or apparent authority; or
(b) by any other person at the direction or with the consent or agreement (whether express or implied) of a director, servant or agent of the corporation, where the giving of such direction, consent or agreement is within the scope of the actual or apparent authority of the director, servant or agent, shall be deemed, for the purposes of a provision of this Act that creates an offence, to have been engaged in by the corporation.
“(7) A reference in subsection (5) to the state of mind of a person includes a reference to the knowledge, intention, opinion, belief or purpose of the person and the person’s reasons for the intention, opinion, belief or purpose.”.
(2) Section 28 of the Principal Act is amended;
(a) by omitting from subsection (3) “the section” and substituting “a section”; and
(b) by inserting in subsection (4) “or 21” after “section 9”.
(3) Section 28 of the Principal Act is amended by omitting from subsection (4)”or 21” and substituting “, 21, 26AB, 26D or 26F”.
Section 32 of the Principal Act is amended by omitting from subsection (1) “(other than foreign ships to which the Convention applies)” and substituting “, including foreign ships flying the flag of, or under the authority of, a Party to the Convention,”.
Section 33 of the Principal Act is amended;
(a) by omitting paragraph (1)(c) and substituting the following paragraph:
“(c) for and in relation to giving effect to the Convention, other than provisions of the Convention to which effect is given by a provision of this Act;”;
(b) by omitting subparagraph (1)(d)(i) and substituting the following subparagraph:
“(i) giving effect to the Convention, other than provisions of the Convention to which effect is given by a provision of this Act; and”; and
(c) by omitting subsection (2) and substituting the following subsections:
“(2) Regulations, and orders made pursuant to the regulations, giving effect to Annex I or II to the Convention do not apply in relation to a ship as defined by subsection (4) to the extent that a law of a State or a Territory makes provision giving effect to the Annex in relation to that ship.
“(2A) Regulations, and orders made pursuant to the regulations, giving effect to Annex III, IV or V to the Convention do not apply in relation to a ship as defined in subsection (4) to the extent that a law of the Jervis Bay Territory or an external Territory makes provision giving effect to the Annex in relation to the ship.”.
Section 34 of the Principal Act is amended by omitting “in pursuance of” (wherever occurring) and substituting “pursuant to”.
(1) The Principal Act is amended as set out in Schedule 3.
(2) The Principal Act is amended as set out in Schedule 4.
(1) Schedule 1 to the Principal Act is amended by adding at the end the Annex set out in Schedule 5 to this Act.
(2) The Principal Act is amended by adding at the end the Schedules set out in Schedule 6 to this Act.
(3) Schedule 1 to the Principal Act is amended by adding at the end the Annexes set out in Schedule 7 to this Act.
The
Protection of the Sea (Civil Liability) Act 1981 is in this Part referred to as the Principal Act.
Section 3 of the Principal Act is amended by omitting from subsection (1) the definitions of “Protocol” and “the Convention” and substituting the following definitions:
“ ‘the Convention’ means Articles I to XII ter, including the model certificate, of the Civil Liability Convention as amended by the 1992 Protocol;
“ ‘the 1992 Protocol’ means the Protocol of 1992 to amend the International Convention on Civil Liability for Oil Pollution Damage, 1969 (a copy of the English text of which is set forth in Schedule 2).”.
Section 8 of the Principal Act is amended by inserting in subsection (1) “, Article XII bis (other than paragraph (b))” after “Article XI”.
Section 9 of the Principal Act is amended by omitting from paragraphs (a) and (b) “Australia” and substituting “a place to which the Convention applies”.
Section 23 of the Principal Act is amended by adding at the end the following subsections:
“(4) Where, in proceedings for an offence against subsection 15(1), (2) or (3) or 22(3) in respect of any conduct engaged in by a corporation, it is necessary to establish the state of mind of the corporation, it is sufficient to show that a director, servant or agent of the corporation, being a director, servant or agent by whom the conduct was engaged in within the scope of his or her actual or apparent authority, had that state of mind.
“(5) Any conduct engaged in on behalf of a corporation;
(a) by a director, servant or agent of the corporation within the scope of his or her actual or apparent authority; or
(b) by any other person at the direction or with the consent or agreement (whether express or implied) of a director, servant or agent of the corporation, where the giving of such direction, consent or agreement is within the scope of the actual or apparent authority of the director, servant or agent,
shall be deemed, for the purposes of a provision of this Act that creates an offence, to have been engaged in by the corporation.
“(6) A reference in subsection (4) to the state of mind of a person includes a reference to the knowledge, intention, opinion, belief or purpose of the person and the person's reasons for the intention, opinion, belief or purpose.”.
Schedule 2 to the Principal Act is repealed and the Schedule set out in Schedule 8 to this Act is substituted.
The
Protection of the Sea (Shipping Levy Collection) Act 1981 is in this Part referred to as the Principal Act.
Section 4 of the Principal Act is amended;
(a) by omitting “register” from the definition of “tonnage” and substituting “net”; and
(b) by adding at the end the following definition and subsection:
“ ‘Tonnage Measurement Convention’ has the same meaning as in Part XA of the
Navigation Act 1912 .“(2) Where, at any time, the net 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 tonnage of a ship shall be taken to be a reference to the net tonnage of the ship expressed in tons.”
Subsection 15 (1)
Omit “$500”, substitute “$1,000”.
Omit “$1,000”, substitute “$5,000”.
Omit “$500”, substitute “$1,000”.
Omit “$1,000”, substitute “$5,000”.
Omit “$5,000”, substitute “$10,000”.
Omit “$40,000”, substitute “$50,000”.
Omit “$200”, substitute “$1,000”.
Omit “Penalty: $200”.
Omit “$40,000”, substitute “$50,000”.
Subsection 15 (2)
Omit “$500”, substitute “$1,000”.
Omit “$1,000”, substitute “$5,000”.
Omit “$500”, substitute “$1,000”.
Omit “$1,000”, substitute “$5,000”.
Omit “$5,000”, substitute “$10,000”.
Omit “$40,000”, substitute “$50,000”.
Omit “$200”, substitute “$1,000”.
Omit “Penalty: $200”.
Omit “$40,000”, substitute “$50,000”.
Subsection 33 (1)
Omit “$100,000”, substitute “$250,000”.
Omit “$100,000”, substitute “$250,000”.
Omit “exceeding $5,000”, substitute:
“exceeding;
(c) if the offender is a natural person—$5,000; or
(d) if the offender is a body corporate—$25,000.”.
Omit “$10,000”, substitute “$25,000”.
Omit “$10,000”, substitute “$25,000”.
Omit “$10,000”, substitute “$25,000”.
Subsection 33 (2)
Omit “$10,000”, substitute “$25,000”.
Omit “$100,000”, substitute “$250,000”.
Omit “exceeding $5,000”, substitute;
exceeding;
(c) if the offender is a natural person—$5,000; or
(d) if the offender is a body corporate—$25,000.”.
Omit “$10,000”, substitute “$25,000”.
Omit “$10,000”, substitute “$25,000”.
Omit “$10,000”, substitute “$25,000”.
Subsection 34(1)
Section 3
REGULATIONS FOR THE PREVENTION OF POLLUTION BY HARMFUL SUBSTANCES CARRIED BY SEA IN PACKAGED FORMS, OR IN FREIGHT CONTAINERS, PORTABLE TANKS OR ROAD AND RAILTANK WAGONS
(1) Unless expressly provided otherwise, the Regulations of this Annex apply to all ships carrying harmful substances in packaged forms, or in freight containers, portable tanks or road and rail tank wagons.
(2) Such carriage of harmful substances is prohibited except in accordance with the provisions of this Annex.
(3) To supplement the provisions of this Annex the Government of each Party to the Convention shall issue, or cause to be issued, detailed requirements on packaging, marking and labelling, documentation, stowage, quantity limitations, exceptions and notification, for preventing or minimizing pollution of the marine environment by harmful substances.
(4) For the purpose of this Annex, empty receptacles, freight containers, portable tanks and road and rail tank wagons which have been used previously for the carriage of harmful substances shall themselves be treated as harmful substances unless adequate precautions have been taken to ensure that they contain no residue that is hazardous to the marine environment.
Packagings, freight containers, portable tanks and road and rail tank wagons shall be adequate to minimize the hazard to the marine environment having regard to their specific contents.
Packages, whether shipped individually or in units or in freight containers, freight containers, portable tanks or road and rail tank wagons containing a harmful substance, shall be durably marked with the correct technical name (trade names shall not be used as the correct technical name), and further marked with a distinctive label or stencil of label, indicating that the contents are harmful. Such identification shall be supplemented where possible by any other means, for example by the use of the United Nations number.
(1) In all documents relating to the carriage of harmful substances by sea where such substances are named, the correct technical name of the substances shall be used (trade names shall not be used).
(2) The shipping documents supplied by the shipper shall include a certificate or declaration that the shipment offered for carriage is properly packed, marked and labelled and in proper condition for carriage to minimize the hazard to the marine environment.
(3) Each ship carrying harmful substances shall have a special list or manifest setting forth the harmful substances on board and the location thereof. A detailed stowage plan which sets out the location of all harmful substances on board may be used in place of such special list or manifest. Copies of such documents shall also be retained on shore by the owner of the ship or his representative until the harmful substances are unloaded.
(4) In a case where the ship carries a special list or manifest or a detailed stowage plan, required for the carriage of dangerous goods by the International Convention for the Safety of Life at Sea in force, the documents required for the purpose of this Annex may be combined with those for dangerous goods. Where documents are combined, a clear distinction shall be made between dangerous goods and other harmful substances.
Harmful substances shall be both properly stowed and secured so as to minimize the hazards to the marine environment without impairing the safety of ship and persons on board.
Certain harmful substances which are very hazardous to the marine environment may, for sound scientific and technical reasons, need to be prohibited for carriage or be limited as to the quantity which may be carried aboard any one ship. In limiting the quantity due consideration shall be given to size, construction and equipment of the ship as well as the packaging and the inherent nature of the substance.
(1) Discharge by jettisoning of harmful substances carried in packaged forms, freight containers, portable tanks or road and rail tank wagons shall be prohibited except where necessary for the purpose of securing the safety of the ship or saving life at sea.
(2) Subject to the provisions of the present Convention, appropriate measures based on the physical, chemical and biological properties of harmful substances shall be taken to regulate the washing of leakages overboard provided that compliance with such measures would not impair the safety of the ship and persons on board.
With respect to certain harmful substances, as may be designated by the Government of a Party to the Convention, the master or owner of the ship or his representative shall notify the appropriate port authority of the intent to load or unload such substances at least 24 hours prior to such action.
Subsection 34 (2)
SCHEDULE 4
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 (RELATING TO ANNEX II OF THE INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973 AS MODIFIED BY THE PROTOCOL OF 1978 RELATING THERETO)
adopted on 5 December 1985
THE MARINE ENVIRONMENT PROTECTION COMMITTEE,
RECALLING Article 38(a) of the Convention of the International Maritime Organization concerning the function of the Committee conferred upon it by international conventions for the prevention and control of marine pollution from ships,
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 1973 Convention (hereinafter referred to as the “1978 Protocol”) which together specify the amendment procedure of the 1978 Protocol and confers 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 at its twenty‑second 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 (relating to Annex II of MARPOL 73/78), 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 5 October 1986 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 Organization 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 6 April 1987 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 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 Organization which are not Parties to the 1978 Protocol copies of the resolution and its Annex.
ANNEX
AMENDMENTS TO THE ANNEX OF THE PROTOCOL OF 1978 RELATING TO THE INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973
ANNEX II
REGULATIONS FOR THE CONTROL OF POLLUTION BY NOXIOUS LIQUID SUBSTANCES IN BULK
The following new paragraphs (10) to (14) are added to the existing text:
“(10) ‘International Bulk Chemical Code’ means the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk adopted by the Marine Environment Protection Committee of the Organization by resolution MEPC 19(22), as may be amended by the Organization, provided that such amendments are adopted and brought into force in accordance with the provisions of Article 16 of the present Convention concerning amendment procedures applicable to an Appendix to an Annex.
(11) ‘Bulk Chemical Code’ means the Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk adopted by the Marine Environment Protection Committee of the Organization by resolution MEPC 20(22), as may be amended by the Organization, provided that such amendments are adopted and brought into force in accordance with the provisions of Article 16 of the present Convention concerning amendment procedures applicable to an Appendix to an Annex.
(12) ‘Ship constructed’ means a ship the keel of which is laid or which is at a similar stage of construction. A ship converted to a chemical tanker, irrespective of the date of construction, shall be treated as a chemical tanker constructed on the date on which such conversion commenced. This conversion provision shall not apply to the modification of a ship which complies with
all of the following conditions:
(a) the ship is constructed before 1 July 1986; and
(b) the ship is certified under the Bulk Chemical Code to carry only those products identified by the Code as substances with pollution hazards only.
(13) ‘Similar stage of construction’ means the stage at which:
(a) construction identifiable with a specific ship begins; and
(b) assembly of that ship has commenced comprising at least 50 tons or one per cent of the estimated mass of all structural material, whichever is less.
“(4) For ships constructed before 1 July 1986, the provisions of Regulation 5 of this Annex in respect of the requirement to discharge below the waterline and maximum concentration in the wake astern of the ship shall apply as from 1 January 1988.
(5) The Administration may allow any fitting, material, appliance or apparatus to be fitted in a ship as an alternative to that required by this Annex if such fitting, material, appliance or apparatus is at least as effective as that required by this Annex. This authority of the Administration shall not extend to the substitution of operational methods to effect the control of discharge of noxious liquid substances as equivalent to those design and construction features which are prescribed by Regulations in this Annex.
(6) The Administration which allows a fitting, material, appliance or apparatus as alternative to that required by this Annex, under paragraph (5) of this Regulation, shall communicate to the Organization for circulation to the Parties to the Convention, particulars thereof, for their information and appropriate action, if any.”
“(a) the tank has been prewashed in accordance with the procedure approved by the Administration and based on standards developed by the Organization and the resulting tank washings have been discharged to a reception facility.”
(1) Every ship constructed on or after 1 July 1986 shall be provided with pumping and piping arrangements to ensure, through testing under favourable pumping conditions, that each tank designated for the carriage of a Category B substance does not retain a quantity of residue in excess of 0.1 cubic metres in the tank’s associated piping and in the immediate vicinity of that tank’s suction point.
(2) (a) Subject to the provisions of sub‑paragraph (b) of this paragraph, every ship constructed before 1 July 1986 shall be provided with pumping and piping arrangements to ensure, through testing under favourable pumping conditions, that each tank designated for the carriage of a Category B substance does not retain a quantity of residue in excess of 0.3 cubic metres in the tank’s associated piping and in the immediate vicinity of that tank’s suction point.
(b) Until 2 October 1994 ships referred to in sub‑paragraph (a) of this paragraph if not in compliance with the requirements of that sub‑paragraph shall, as a minimum, be provided with pumping and piping arrangements to ensure, through testing under favourable pumping conditions and surface residue assessment, that each tank designated for the carriage of a Category B substance does not retain a quantity of residue in excess of 1 cubic metre or 1/3000 of the tank capacity in cubic metres, whichever is greater, in that tank and the associated piping.
(3) Every ship constructed on or after 1 July 1986 shall be provided with pumping and piping arrangements to ensure, through testing under favourable pumping conditions, that each tank designated for the carriage of a Category C substance does not retain a quantity of residue in excess of 0.3 cubic metres in the tank’s associated piping and in the immediate vicinity of that tank’s suction point.
(4) (a) Subject to the provisions of sub‑paragraph (b) of this paragraph, every ship constructed before 1 July 1986 shall be provided with pumping and piping arrangements to ensure, through testing under favourable pumping conditions, that each tank designated for the carriage of a Category C substance does not retain a quantity of residue in excess of 0.9 cubic metres in the tank’s associated piping and in the immediate vicinity of that tank’s suction point.
(b) Until 2 October 1994 the ships referred to in sub‑paragraph (a) of this paragraph if not in compliance with the requirements of that sub‑paragraph shall as a minimum, be provided with pumping and piping arrangements to ensure, through testing under favourable pumping conditions and surface residue assessment, that each tank designated for the carriage of a Category C substance does not retain a quantity of residue in excess of 3 cubic metres or 1/1000 of the tank capacity in cubic metres, whichever is greater, in that tank and the associated piping.
(5) Pumping conditions referred to in paragraphs (1), (2), (3) and (4) of this Regulation shall be approved by the Administration and based on standards developed by the Organization. Pumping efficiency tests referred to in paragraphs (1), (2), (3) and (4) of this Regulation shall use water as the test medium and shall be approved by the Administration and based on standards developed by the Organization. The residues on cargo tank surfaces, referred to in paragraphs (2)(b) and (4)(b) of this Regulation shall be determined based on standards developed by the Organization.
This Convention shall apply exclusively:
(a) to pollution damage caused:
(i) in the territory, including the territorial sea, of a Contracting State, and
(ii) in the exclusive economic zone of a Contracting State, established in accordance with international law, or, if a Contracting State has not established such a zone, in an area beyond and adjacent to the territorial sea of that State determined by that State in accordance with international law and extending not more than 200 nautical miles from the baseline from which the breadth of its territorial sea is measured;
(b) to preventive measures, wherever taken, to prevent or minimize such damage.
Article III of the 1969 Liability Convention is amended as follows:
1. Paragraph 1 is replaced by the following text:
1. Except as provided in paragraphs 2 and 3 of this Article, the owner of a ship at the time of an incident, or, where the incident consists of a series of occurrences, at the time of the first such occurrence, shall be liable for any pollution damage caused by the ship as a result of the incident.
2. Paragraph 4 is replaced by the following text:
4. No claim for compensation for pollution damage may be made against the owner otherwise than in accordance with this Convention. Subject to paragraph 5 of this Article, no claim for compensation for pollution damage under this Convention or otherwise may be made against:
(a) the servants or agents of the owner or the members of the crew;
(b) the pilot or any other person who, without being a member of the crew, performs services for the ship;
(c) any charterer (howsoever described, including a bareboat charterer), manager or operator of the ship;
(d) any person performing salvage operations with the consent of the owner or on the instructions of a competent public authority;
(e) any person taking preventive measures;
(f) all servants or agents of persons mentioned in subparagraphs (c), (d) and (e);
unless the damage resulted from their personal act or omission, committed with the intent to cause such damage, or recklessly and with knowledge that such damage would probably result.
Article IV of the 1969 Liability Convention is replaced by the following text:
When an incident involving two or more ships occurs and pollution damage results therefrom, the owners of all the ships concerned, unless exonerated under Article III, shall be jointly and severally liable for all such damage which is not reasonably separable.
Article V of the 1969 Liability Convention is amended as follows:
1. Paragraph 1 is replaced by the following text:
1. The owner of a ship shall be entitled to limit his liability under this Convention in respect of any one incident to an aggregate amount calculated as follows:
(a) 3 million units of account for a ship not exceeding 5,000 units of tonnage;
(b) for a ship with a tonnage in excess thereof, for each additional unit of tonnage, 420 units of account in addition to the amount mentioned in subparagraph (a);
provided, however, that this aggregate amount shall not in any event exceed 59.7 million units of account.
2. Paragraph 2 is replaced by the following text:
2. The owner shall not be entitled to limit his liability under this Convention if it is proved that the pollution damage resulted from his personal act or omission, committed with the intent to cause such damage, or recklessly and with knowledge that such damage would probably result.
3. Paragraph 3 is replaced by the following text:
3. For the purpose of availing himself of the benefit of limitation provided for in paragraph 1 of this Article the owner shall constitute a fund for the total sum representing the limit of his liability with the Court or other competent authority of any one of the Contracting States in which action is brought under Article IX or, if no action is brought, with any Court or other competent authority in any one of the Contracting States in which an action can be brought under Article IX. The fund can be constituted either by depositing the sum or by producing a bank guarantee or other guarantee, acceptable under the legislation of the Contracting State where the fund is constituted, and considered to be adequate by the Court or other competent authority.
4. Paragraph 9 is replaced by the following text:
9(a). The “unit of account” referred to in paragraph 1 of this Article is the Special Drawing Right as defined by the International Monetary Fund. The amounts mentioned in paragraph 1 shall be converted into national currency on the basis of the value of that currency by reference to the Special Drawing Right on the date of the constitution of the fund referred to in paragraph 3. The value of the national currency, in terms of the Special Drawing Right, of a Contracting State which is a member of the International Monetary Fund shall be calculated in accordance with the method of valuation applied by the International Monetary Fund in effect on the date in question for its operations and transactions. The value of the national currency, in terms of the Special Drawing Right, of a Contracting State which is not a member of the International Monetary Fund shall be calculated in a manner determined by that State.
9(b). Nevertheless, a Contracting State which is not a member of the International Monetary Fund and whose law does not permit the application of the provisions of paragraph 9(a) may, at the time of ratification, acceptance, approval of or accession to this Convention or at any time thereafter, declare that the unit of account referred to in paragraph 9(a) shall be equal to 15 gold francs. The gold franc referred to in this paragraph corresponds to sixty‑five and a half milligrammes of gold of millesimal fineness nine hundred. The conversion of the gold franc into the national currency shall be made according to the law of the State concerned.
9(c). The calculation mentioned in the last sentence of paragraph 9(a) and the conversion mentioned in paragraph 9(b) shall be made in such manner as to express in the national currency of the Contracting State as far as possible the same real value for the amounts in paragraph 1 as would result from the application of the first three sentences of paragraph 9(a). Contracting States shall communicate to the depositary the manner of calculation pursuant to paragraph 9(a), or the result of the conversion in paragraph 9(b) as the case may be, when depositing an instrument of ratification, acceptance, approval of or accession to this Convention and whenever there is a change in either.
5. Paragraph 10 is replaced by the following text:
10. For the purpose of this Article the ship’s tonnage shall be the gross tonnage calculated in accordance with the tonnage measurement regulations contained in Annex I of the International Convention on Tonnage Measurement of Ships, 1969.
6. The second sentence of paragraph 11 is replaced by the following text:
Such a fund may be constituted even if, under the provisions of paragraph 2, the owner is not entitled to limit his liability, but its constitution shall in that case not prejudice the rights of any claimant against the owner.
Article VII of the 1969 Liability Convention is amended as follows:
1. The first two sentences of paragraph 2 are replaced by the following text:
A certificate attesting that insurance or other financial security is in force in accordance with the provisions of this Convention shall be issued to each ship after the appropriate authority of a Contracting State has determined that the requirements of paragraph 1 have been complied with. With respect to a ship registered in a Contracting State such certificate shall be issued or certified by the appropriate authority of the State of the ship’s registry; with respect to a ship not registered in a Contracting State it may be issued or certified by the appropriate authority of any Contracting State.
2. Paragraph 4 is replaced by the following text:
4. The certificate shall be carried on board the ship and a copy shall be deposited with the authorities who keep the record of the ship’s registry or, if the ship is not registered in a Contracting State, with the authorities of the State issuing or certifying the certificate.
3. The first sentence of paragraph 7 is replaced by the following text:
Certificates issued or certified under the authority of a Contracting State in accordance with paragraph 2 shall be accepted by other Contracting States for the purposes of this Convention and shall be regarded by other Contracting States as having the same force as certificates issued or certified by them even if issued or certified in respect of a ship not registered in a Contracting State.
4. In the second sentence of paragraph 7 the words “with the State of a ship’s registry” are replaced by the words “with the issuing or certifying State”.
5. The second sentence of paragraph 8 is replaced by the following text:
In such case the defendant may, even if the owner is not entitled to limit his liability according to Article V, paragraph 2, avail himself of the limits of liability prescribed in Article V, paragraph 1.
Article IX of the 1969 Liability Convention is amended as follows:
Paragraph 1 is replaced by the following text:
1. Where an incident has caused pollution damage in the territory, including the territorial sea or an area referred to in Article II, of one or more Contracting States or preventive measures have been taken to prevent or minimize pollution damage in such territory including the territorial sea or area, actions for compensation may only be brought in the Courts of any such Contracting State or States. Reasonable notice of any such action shall be given to the defendant.
After Article XII of the 1969 Liability Convention two new Articles are inserted as follows:
The following transitional provisions shall apply in the case of a State which at the time of an incident is a Party both to this Convention and to the 1969 Liability Convention:
(a) where an incident has caused pollution damage within the scope of this Convention, liability under this Convention shall be deemed to be discharged if, and to the extent that, it also arises under the 1969 Liability Convention;
(b) where an incident has caused pollution damage within the scope of this Convention, and the State is a Party both to this Convention and to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1971, liability remaining to be discharged after the application of subparagraph (a) of this Article shall arise under this Convention only to the extent that pollution damage remains uncompensated after application of the said 1971 Convention;
(c) in the application of Article III, paragraph 4, of this Convention the expression “this Compensation” shall be interpreted as referring to this Convention or the 1969 Liability Convention, as appropriate;
(d) in the application of Article V, paragraph 3, of this Convention the total sum of the fund to be constituted shall be reduced by the amount by which liability has been deemed to be discharged in accordance with subparagraph (a) of this Article.
The final clauses of this Convention shall be Articles 12 to 18 of the Protocol of 1992 to amend the 1969 Liability Convention. References in this Convention to Contracting States shall be taken to mean references to the Contracting States of that Protocol.
The model of a certificate annexed to the 1969 Liability Convention is replaced by the model annexed to this Protocol.
1. The 1969 Liability Convention and this Protocol shall, as between the Parties to this Protocol, be read and interpreted together as one single instrument.
2. Articles I to XII ter, including the model certificate, of the 1969 Liability Convention as amended by this Protocol shall be known as the International Convention of Civil Liability for Oil Pollution Damage, 1992 (1992 Liability Convention).
FINAL CLAUSES
1. This Protocol shall be open for signature at London from 15 January 1993 to 14 January 1994 by all States.
2. Subject to paragraph 4, any State may become a Party to this Protocol by:
(a) signature subject to ratification, acceptance or approval followed by ratification, acceptance or approval; or
(b) accession.
3. Ratification, acceptance, approval or accession shall be effected by the deposit of a formal instrument to that effect with the Secretary‑General of the Organization.
4. Any Contracting State to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1971, hereinafter referred to as the 1971 Fund Convention, may ratify, accept, approve or accede to this Protocol only if it ratifies, accepts, approves or accedes to the Protocol of 1992 to amend that Convention at the same time, unless it denounces the 1971 Fund Convention to take effect on the date when this Protocol enters into force for that State.
5. A State which is a Party to this Protocol but not a Party to the 1969 Liability Convention shall be bound by the provisions of the 1969 Liability Convention as amended by this Protocol in relation to other State Parties hereto, but shall not be bound by the provisions of the 1969 Liability Convention in relation to States Parties thereto.
6. Any instrument of ratification, acceptance, approval or accession deposited after the entry into force of an amendment to the 1969 Liability Convention as amended by this Protocol shall be deemed to apply to the Convention so amended, as modified by such amendment.
1. This Protocol shall enter into force twelve months following the date on which ten States including four States each with not less than one million units of gross tanker tonnage have deposited instruments of ratification, acceptance, approval or accession with the Secretary‑General of the Organization.
2. However, any Contracting State to the 1971 Fund Convention may, at the time of the deposit of its instrument of ratification, acceptance, approval or accession in respect of this Protocol, declare that such instrument shall be deemed not to be effective for the purposes of this Article until the end of the six‑month period in Article 31 of the Protocol of 1992 to amend the 1971 Fund Convention. A State which is not a Contracting State to the 1971 Fund Convention but which deposits an instrument of ratification, acceptance, approval or accession in respect of the Protocol of 1992 to amend the 1971 Fund Convention may also make a declaration in accordance with this paragraph at the same time.
3. Any State which has made a declaration in accordance with the preceding paragraph may withdraw it at any time by means of a notification addressed to the Secretary‑General of the Organization. Any such withdrawal shall take effect on the date the notification is received, provided that such State shall be deemed to have deposited its instrument of ratification, acceptance, approval or accession in respect of this Protocol on that date.
4. For any State which ratifies, accepts, approves or accedes to it after the conditions in paragraph 1 for entry into force have been met, this Protocol shall enter into force twelve months following the date of deposit by such State of the appropriate instrument.
1. A Conference for the purposes of revising or amending the 1992 Liability Convention may be convened by the Organization.
2. The Organization shall convene a Conference of Contracting States for the purpose of revising or amending the 1992 Liability Convention at the request of not less than one third of the Contracting States.
1. Upon the request of at least one quarter of the Contracting States any proposal to amend the limits of liability laid down in Article V, paragraph 1, of the 1969 Liability Convention as amended by this Protocol shall be circulated by the Secretary‑General to all Members of the Organization and to all Contracting States.
2. Any amendment proposed and circulated as above shall be submitted to the Legal Committee of the Organization for consideration at a date at least six months after the date of its circulation.
3. All Contracting States to the 1969 Liability Convention as amended by this Protocol, whether or not Members of the Organization, shall be entitled to participate in the proceedings of the Legal Committee for the consideration and adoption of amendments.
4. Amendments shall be adopted by a two‑thirds majority of the Contracting States present and voting in the Legal Committee, expanded as provided for in paragraph 3, on condition that at least one half of the Contracting States shall be present at the time of voting.
5. When acting on a proposal to amend the limits, the Legal Committee shall take into account the experience of incidents and in particular the amount of damage resulting therefrom, changes in the monetary values and the effect of the proposed amendment on the cost of insurance. It shall also take into account the relationship between the limits in Article V, paragraph 1, of the 1969 Liability Convention as amended by this Protocol and those in Article 4, paragraph 4, of the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1992.
6(a). No amendment of the limits of liability under this Article may be considered before 15 January 1998 nor less than five years from the date of entry into force of a previous amendment under this Article. No amendment under this Article shall be considered before this Protocol has entered into force.
(b). No limit may be increased so as to exceed an amount which corresponds to the limit laid down in the 1969 Liability Convention as amended by this Protocol increased by 6 per cent per year calculated on a compound basis from 15 January 1993.
(c). No limit may be increased so as to exceed an amount which corresponds to the limits laid down in the 1969 Liability Convention as amended by this Protocol multiplied by 3.
7. Any amendment adopted in accordance with paragraph 4 shall be notified by the Organization to all Contracting States. The amendment shall be deemed to have been accepted at the end of a period of eighteen months after the date of notification, unless within that period not less than one quarter of the States that were Contracting States at the time of the adoption of the amendment by the Legal Committee have communicated to the Organization that they do not accept the amendment in which case the amendment is rejected and shall have no effect.
8. An amendment deemed to have been accepted in accordance with paragraph 7 shall enter into force eighteen months after its acceptance.
9. All Contracting States shall be bound by the amendment, unless they denounce this Protocol in accordance with Article 16, paragraphs 1 and 2, at least six months before the amendment enters into force. Such denunciation shall take effect when the amendment enters into force.
10. When an amendment has been adopted by the Legal Committee but the eighteen‑month period for its acceptance has not yet expired, a State which becomes a Contracting State during that period shall be bound by the amendment if it enters into force. A State which becomes a Contracting State after that period shall be bound by an amendment which has been accepted in accordance with paragraph 7. In the cases referred to in this paragraph, a State becomes bound by an amendment when that amendment enters into force, or when this Protocol enters into force for that State, if later.
1. This Protocol may be denounced by any Party at any time after the date which it enters into force for that Party.
2. Denunciation shall be effected by the deposit of an instrument with the Secretary‑General of the Organization.
3. A denunciation shall take effect twelve months, or such longer period as may be specified in the instrument of denunciation, after its deposit with the Secretary‑General of the Organization.
4. As between the Parties to this Protocol, denunciation by any of them of the 1969 Liability Convention in accordance with Article XVI thereof shall not be construed in any way as a denunciation of the 1969 Liability Convention as amended by this Protocol.
5. Denunciation of the Protocol of 1992 to amend the 1971 Fund Convention by a State which remains a Party to the 1971 Fund Convention shall be deemed to be a denunciation of this Protocol. Such denunciation shall take effect on the date on which denunciation of the Protocol of 1992 to amend the 1971 Fund Convention takes effect according to Article 34 of that Protocol.
1. This Protocol and any amendments accepted under Article 15 shall be deposited with the Secretary‑General of the Organization.
2. The Secretary‑General of the Organization shall:
(a) inform all States which have signed or acceded to this Protocol of:
(i) each new signature or deposit of an instrument together with the date thereof;
(ii) each declaration and notification under Article 13 and each declaration and communication under Article V, paragraph 9, of the 1992 Liability Convention;
(iii) the date of entry into force of this Protocol;
(iv) any proposal to amend limits of liability which has been made in accordance with Article 15, paragraph 1;
(v) any amendment which has been adopted in accordance with Article 15, paragraph 4;
(vi) any amendment deemed to have been accepted under Article 15, paragraph 7, together with the date on which that amendment shall enter into force in accordance with paragraphs 8 and 9 of that Article;
(vii) the deposit of any instrument of denunciation of this Protocol together with the date of the deposit and the date on which it takes effect;
(viii) any denunciation deemed to have been made under Article 16, paragraph 5;
(ix) any communication called for by any Article of this Protocol;
(b) transmit certified true copies of this Protocol to all Signatory States and to all States which accede to this Protocol.
3. As soon as this Protocol enters into force, the text shall be transmitted by the Secretary‑General of the Organization to the Secretariat of the United Nations for registration and publication in accordance with Article 102 of the Charter of the United Nations.
This Protocol is established in a single original in the Arabic, Chinese, English, French, Russian and Spanish languages, each text being equally authentic.
DONE AT LONDON, this twenty‑seventh day of November one thousand nine hundred and ninety‑two.
IN WITNESS WHEREOF the undersigned, being duly authorized by their respective Governments for that purpose, have signed this Protocol.
ANNEX
CERTIFICATE OF INSURANCE OR OTHER FINANCIAL SECURITY IN RESPECT OF CIVIL LIABILITY FOR OIL POLLUTION DAMAGE
Issued in accordance with the provisions of Article VII of the International Convention on Civil Liability for Oil Pollution Damage, 1992.
Name of ship | Distinctive number or letters | Port of registry | Name and address of owner |
This is to certify that there is in force in respect of the above‑named ship a policy of insurance or other financial security satisfying the requirements of Article VII of the International Convention on Civil Liability for Oil Pollution Damage, 1992.
Type of Security.............................................................................................
.....................................................................................................................
Duration of Security......................................................................................
.....................................................................................................................
Name and Address of the Insurer(s) and/or Guarantor(s)
Name............................................................................................................
Address.........................................................................................................
This certificate is valid until....................................................................
Issued or certified by the Government of..................................................
..............................................................................................................
(Full designation of the State)
At............................................. On........................................................
(Place) (Date)
...............................................................
Signature and Title of issuing or certifying Official
Explanatory notes:
1. If desirable, the designation of the State may include a reference to the competent public authority of the country where the certificate is issued.
2. If the total amount of security has been furnished by more than one source, the amount of each of them should be indicated.
3. If security is furnished in several forms, these should be enumerated.
4. The entry “Duration of Security” must stipulate the date on which such security takes effect.’.”.
The
Act | Number and year | Date of Assent | Date of commencement | Application, saving or transitional provisions |
167, 1986 | 18 Dec 1986 | — | ||
141, 1987 | 18 Dec 1987 | S. 3: | S. 5(1) | |
11, 1991 | 21 Jan 1991 | S. 45: | — | |
95, 1995 | 27 July 1995 | S. 3 (Part J (items 1–4)): Royal Assent | — | |
8, 2007 | 15 Mar 2007 | Schedule 2 (items 12, 13): | — |
(a) TheProtection of the Sea Legislation Amendment Act 1986 was amended by section 3 only of theStatute Law (Miscellaneous Provisions) Act 1987 , subsection 2(26) of which provides as follows:
(26) The amendments of paragraph 20(2)(b) of, and Schedules 1, 2 and 8 to, the
Protection of the Sea Legislation Amendment Act 1986 made by this Act shall respectively come into operation or be deemed to have come into operation, as the case requires, on the commencement of subsection 20(2), subsection 15(1), subsection 15(2) and section 40 of the first‑mentioned Act.The date fixed in pursuance of subsection 2(26) on the commencement of subsection 20(2) and section 15 was 14 January 1988 (
see Gazette 1988, No. S8) and section 40 was 9 October 1996 (see Gazette 1996, No. 5376).
(b) TheProtection of the Sea Legislation Amendment Act 1986 was amended by section 45 only of theTransport and Communications Legislation Amendment Act 1990 , paragraph 2(13)(d) of which provides as follows:
(d) the amendment of the
Protection of the Sea Legislation Amendment Act 1986 is taken to have commenced immediately after the commencement of subsection 20(2) of that Act;Subsection 20(2) commenced on 14 January 1988 (
see Gazette 1988, No. S8).
(c) Subsection 2(1) (items 37 and 38) of theStatute Law Revision Act 2007 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Schedule 2, item 12 | Immediately
after the commencement of section 7 of the | 1 May 1989 |
Schedule 2, item 13 | Immediately
after the commencement of section 5 of the | 16 March 1989 |
| |
Provision affected | How affected |
S. 2......................................... | am. No. 95, 1995 |
S. 12....................................... | rep. No. 8, 2007 |
S. 14....................................... | rep. No. 8, 2007 |
S. 15....................................... | am. No. 141, 1987 |
S. 20....................................... | am. No. 141, 1987; No. 11, 1991 |
S. 36....................................... | am. No. 95, 1995 |
S. 40....................................... | am. No. 141, 1987 |
rs. No. 95, 1995 | |
UN number refers to 10‑35%
UN number 1114 applies to Benzene
UN number 2574 applies to Tricresyl phosphate containing more than 3% ortho‑isomer.
Asterisk 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.
0
0
0