Protection of the Sea (Prevention of Pollution From Ship) Regulations (Amendment) (Cth)
I, THE
GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of
the Federal Executive Council and pursuant to section 4 of the
Dated 13 April 1987.
N. M. STEPHEN
Governor-General
By His Excellency’s Command,
PETER MORRIS
Minister of State for Transport
“9. (1) For the purposes of subsection 12 (5) of the Act:
(a) each of the following operations, being a machinery space operation, is a prescribed operation in relation to a ship (including an oil tanker):
(i) the ballasting or cleaning of an oil fuel tank;
(ii) a discharge of dirty ballast or cleaning water from an oil fuel tank;
(iii) a disposal of oily residues (sludge);
(iv) a discharge overboard or disposal otherwise of bilge water that has accumulated in any machinery space; and
(b) each of the following operations, being a cargo or a ballast operation, is a prescribed operation in relation to an oil tanker:
(i) the loading of oil cargo;
(ii) an internal transfer of oil cargo during a voyage;
(iii) the unloading of oil cargo;
(iv) the ballasting of a cargo tank or a dedicated clean ballast tank;
(v) the cleaning of a cargo tank (including crude oil washing);
(vi) a discharge of ballast from a tank other than a segregated ballast tank;
(vii) a discharge of water from a slop tank;
(viii) the closing, after an operation referred to in subparagraph (vii), of all applicable valves or similar devices;
(ix) the closing, after an operation referred to in subparagraph (vii), of valves the closing of which is necessary for the isolation of a dedicated clean ballast tank from cargo and stripping lines;
(x) a disposal of residues.
“10a. (1) For the purposes of section 20 of the Act, the prescribed time, in relation to the notification of a proposal to import or export a liquid substance, is the period of 30 days immediately preceding the day on which the importation or exportation takes place.
“(2) For the purposes of section 20 of the Act, a proposal to import or export a liquid substance is notified in the prescribed manner if it is notified by:
(a) writing delivered by hand or forwarded by certified mail;
(b) a telegram message; or
(c) a telex message.
“(3) For the purposes of section 20 of the Act, each of the following offices in the Department is a prescribed office:
(a) Regional Director, New South Wales;
(b) Regional Director, Victoria;
(c) Regional Director, Queensland;
(d) Regional Director, Western Australia;
(e) Regional Director, South Australia and Northern Territory;
(f) Regional Director, Tasmania;
(g) Marine Surveyor, Darwin.
“10b. For the purposes of section 21 of the Act, the office of Chief Marine Surveyor in the Department is prescribed.
“10c. (1) For the purposes of subsection 23 (3) of the Act, the prescribed form in relation to a cargo record book is the form set out in Appendix IV to Annex II to the Convention as in force at the commencement of this Regulation.
“(2) Where a time is required to be specified in an entry in a ship’s cargo record book, that time shall be expressed as Universal Co-ordinated Time.
“10d. (1) For the purposes of subsection 23 (5) of the Act, each of the following operations is a prescribed operation in relation to a ship:
(a) the loading of cargo;
(b) an internal transfer of cargo;
(c) the unloading of cargo;
(d) the cleaning of a cargo tank;
(e) the ballasting of a cargo tank;
(f) a discharge of ballast from a cargo tank;
(g) a disposal of residues to a reception facility;
(h) the discharge of a noxious liquid substance, or of a mixture containing such a substance, into the sea in accordance with Regulation 5 of Annex II to the Convention;
(j) the removal by ventilation procedures of cargo residues from a tank in accordance with Regulation 5 of Annex II to the Convention.
“(2) For the purposes of subsection 23 (5) of the Act, each of the following occurrences is a prescribed occurrence in relation to a ship:
(a) the discharge into the sea of a noxious liquid substance, or of a mixture containing such a substance, for the purposes of:
(i) securing the safety of the ship; or
(ii) saving a life at sea;
(b) the discharge into the sea of a noxious liquid substance, or of a mixture containing such a substance, in consequence of damage to the ship or its equipment;
(c) the discharge into the sea of a noxious liquid substance, or of a mixture containing such a substance, being:
(i) a discharge for an exceptional purpose other than a purpose referred to in paragraph (a); or
(ii) an accidental discharge other than a discharge referred to in paragraph (b).
“10e. (1) In this regulation, ‘relevant Regulation’ means Regulation 8 of Annex II to the Convention.
“(2) Subject to subregulations (3) and (4), the provisions of the relevant Regulation, other than subregulation (1) of that Regulation, apply to, and in relation to the washing of a tank of a ship from which a noxious liquid substance has been unloaded.
“(3) In the application, in accordance with subregulation (1), of a provision of the relevant Regulation to or in relation to the washing of a tank of a ship:
(a) a reference to the receiving Party shall be read as being a reference to Australia;
(b) a reference to the Administration shall be read as being a reference to the person for the time being holding, or performing the duties of, the office of Chief Marine Surveyor in the Department; and
(c) a reference to the surveyor (however described) shall be read as a reference to a surveyor authorised by virtue of subregulation (5) for the purpose of implementing the relevant Regulation.
“(4) An exemption referred to in paragraph (2) (b), (5) (b), (6) (b) or (7) (c) of the relevant Regulation may only be granted to a ship engaged in voyages to ports or terminals under the jurisdiction of States, other than Australia, parties to the Convention and, on such an exemption being granted to a ship, the appropriate entry made in the ship’s cargo record book shall be endorsed by a surveyor.
“(5)
A person appointed to be a surveyor under section 190 of the
“(6) A surveyor referred to in subregulation (5) shall, in the exercise of any power, or the performance of any function, for the purpose of implementing Regulation 8 of Annex II to the Convention, comply with any control procedures developed by the Organization.
“(7) If a tank of a ship from which a noxious liquid substance has been unloaded is not washed in accordance with whichever of the provisions of the relevant Regulation is applicable to the tank having regard to the following matters, namely:
(a) whether the substance unloaded from the tank is a Category A, Category B or Category C substance; and
(b) whether the tank has been unloaded in a Special Area or an area other than a Special Area;
the master of the ship shall be guilty of an offence against these Regulations punishable, upon conviction, by a fine not exceeding $2,000.”.
(a) by omitting “and 13” and substituting “, 13, 23 and 24”; and
(b) by omitting “(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,”.
“12. The Minister may, by instrument in writing, make orders for and in relation to:
(a) giving effect to Annex I to the Convention, other than provisions of that Annex to which effect is given by a provision of the Act;
(b) giving effect to Annex II to the Convention, other than provisions of that Annex to which effect is given by a provision of the Act;
(c) giving effect to Article 8 of, and Protocol I to, the Convention, other that provisions of that Article or Protocol to which effect is given by a provision of the Act; and
(d) the fixing of fees to be paid in respect of any matters under the orders.
“13. A fee of $40 is payable by the owner of a ship in respect of:
(a) the deposit of an oil record book of the ship in accordance with subsection 14 (6) of the Act; or
(b) the deposit of a cargo record book of the ship in accordance with subsection 25 (6) of the Act.”
(a) by omitting item 9 and substituting the following item:
“9. The technical name (or, where the technical name is not known, the trade name), UN number, Classification in the International Maritime Dangerous Goods (IMDG) Code (where applicable), name of the manufacturer, quantity and concentration, of the harmful substance discharged, or likely to be discharged, into the sea:”;
(b) by omitting from item 15 “spill” and substituting “discharge”;
(c) by omitting from item 16 “Estimate” and substituting “Where applicable, estimate”; and
(d) by adding at the end the following item:
“19. Whether the harmful substance discharged, or likely to be discharged, into the sea is in a packaged form, or in a freight container, portable tank, road and rail vehicle or shipborne barge and, if so:
(i) a description of the package, container, tank, vehicle or barge, as the case may be, including any identification marks;
(ii) whether the package, container, tank, vehicle or barge floated or sank; and
(iii) the likely condition of the harmful substance:”.
1.
Notified in the
2. Statutory Rules 1986 No. 301.
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