Protection of the Sea (Prevention of Pollution From Ships) Regulations (Cth)
PROTECTION OF THE SEA (PREVENTION OF POLLUTION FROM SHIPS) REGULATIONS
(#DATE 10:05:1994)
(#DATE 10:05:1994)
- In force under the Protection of the Sea (Prevention of Pollution from Ships) Act 1983
*1* The Protection of the Sea (Prevention of Pollution from Ships) Regulations (in force under the Protection of the Sea (Prevention of Pollution from Ships) Act 1983) as shown in this reprint comprise Statutory Rules 1986 No. 301 amended as indicated in the Tables below.
Table of Statutory Rules
Year and Date of Date of Application
Number Notification commencement saving or
in Gazette transitional
provisions
1986 No. 301 21 Oct 1986 14 Jan 1988 (see Gazette 1988,
No. S8)
1987 No. 65 1 May 1987 14 Jan 1988 (see Gazette 1988,
No. S8) -
1990 No. 13 31 Jan 1990 31 Jan 1990 -
1991 No. 333 29 Oct 1991 29 Oct 1991 -
1992 No. 101 14 Apr 1992 14 Apr 1992 -
Table of Amendments
ad=added or inserted am=amended rep=repealed rs=repealed and substituted
Provision affected How affected
R. 2 am. 1987 No. 65; 1992 No. 101
R. 3 am. 1987 No. 65
rs. 1991 No. 333
Rr. 4, 5 am. 1987 No. 65; 1991 No. 333
R. 6 am. 1987 No. 65
rs. 1992 No. 101
R. 6A ad. 1992 No. 101
R. 7 am. 1987 No. 65
R. 9 am. 1987 No. 65
R. 10 am. 1987 No. 65
rs. 1991 No. 333
Rr. 10A, 10B ad. 1987 No. 65
am. 1991 No. 333
Rr. 10C, 10D ad. 1987 No. 65
R. 10E ad. 1987 No. 65
am. 1991 No. 333
R. 11 am. 1987 No. 65
R. 12 rs. 1987 No. 65; 1990 No. 13
rep. 1991 No. 333
R. 13 rs. 1987 No. 65
R. 14 am. 1987 No. 65
Schedule am. 1987 No. 65; 1991 No. 333
rep. 1992 No. 101
Schedule 1 ad. 1992 No. 101
Schedule 2 ad. 1992 No. 101
PROTECTION OF THE SEA (PREVENTION OF POLLUTION FROM SHIPS) REGULATIONS - TABLE
OF PROVISIONSTABLE
TABLE OF PROVISIONS
Regulation
1. Citation
2. Interpretation
3. Prescribed offices - sections 9 and 21 of the Act
4. Prescribed office - sections 11, 22 and 26B of the Act
5. Prescribed manner of notifying incident
6. Prescribed form - harmful substances report
6A. Prescribed form - marine pollutants report
7. Prescribed time for furnishing a report
8. Oil record book
9. Prescribed operations and occurrences for the purposes of
subsection 12 (5) of the Act
10. Prescribed offices - sections 14 and 25 of the Act
10A. Time, manner and office prescribed for purposes of section
20 of the Act
10B. Prescribed office - section 21 of the Act
10C. Cargo record book
10D. Prescribed operations and occurrences for the purposes of
subsection 23 (5) of the Act
10E. Regulation 8 of Annex II to have the force of law
11. Application of certain sections of the Act to foreign ships
13. Fee for deposit of oil record book or cargo record book
14. Exemption
SCHEDULE 1
HARMFUL SUBSTANCES REPORT FORM
SCHEDULE 2
MARINE POLLUTANTS REPORT FORM
PROTECTION OF THE SEA (PREVENTION OF POLLUTION FROM SHIPS) REGULATIONS - REG
1
Citation
1. These Regulations may be cited as the Protection of the Sea (Prevention of Pollution from Ships) Regulations.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
PROTECTION OF THE SEA (PREVENTION OF POLLUTION FROM SHIPS) REGULATIONS - REG
2
Interpretation
2. (1) In these Regulations:
"harmful substances report" means a report about a discharge of oil or an oily mixture given under subsection 11 (6) or (7) or 22 (6) or (7) of the Act;
"marine pollutants report" means a report about a harmful substance given under subsection 26B (8) or (9) of the Act;
"the Act" means the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.
(2) Except in so far as the contrary intention appears, an expression that is used in these Regulations and in the Convention, otherwise than in Annex IV or V to the Convention, (whether or not a particular meaning is assigned to it by the Convention), has, in these Regulations, the same meaning as in the Convention.
PROTECTION OF THE SEA (PREVENTION OF POLLUTION FROM SHIPS) REGULATIONS - REG
3
Prescribed offices - sections 9 and 21 of the Act
3. For the purposes of sections 9 and 21 of the Act, each of the following offices in the Authority is prescribed:
(a) Manager, Safety Operations;
(b) Manager, Eastern Region;
(c) Manager, Southern Region;
(d) Manager, Western Region;
(e) Assistant Manager, Marine Pollution;
(f) Technical Adviser, Marine Pollution;
(g) Operations Co-ordinator, Marine Pollution.
PROTECTION OF THE SEA (PREVENTION OF POLLUTION FROM SHIPS) REGULATIONS - REG
4
Prescribed office - sections 11, 22 and 26B of the Act
4. For the purposes of sections 11, 22 and 26B of the Act, the office of Manager, Safety Operations, in the Authority is prescribed.
PROTECTION OF THE SEA (PREVENTION OF POLLUTION FROM SHIPS) REGULATIONS - REG
5
Prescribed manner of notifying incident
5. For the purposes of subsections 11 (1) and (3), 22 (1) and (3) and 26B (3) and (5) of the Act, an incident is notified in the prescribed manner if it is notified by:
(a) a telephone message;
(b) an urgent telegram message;
(c) a telex message; or
(d) a radio message;
conveyed through the Federal Sea Safety Centre in the Authority, being a message that commences with the code letters POLREP and the name and radio call-sign of the ship.
PROTECTION OF THE SEA (PREVENTION OF POLLUTION FROM SHIPS) REGULATIONS - REG
6
Prescribed form - harmful substances report
6. (1) For the purposes of subsections 11 (6) and (7), and 22 (6) and (7) of the Act, the prescribed form for a harmful substances report is the form in Schedule 1.
(2) A time given in the form must be expressed as Universal Co-ordinated Time.
PROTECTION OF THE SEA (PREVENTION OF POLLUTION FROM SHIPS) REGULATIONS - REG
6A
Prescribed form - marine pollutants report
6A. (1) For the purposes of subsections 26B (8) and (9) of the Act, the prescribed form for a marine pollutants report is the form in Schedule 2.
(2) A time given in the form must be expressed as Universal Co-ordinated Time.
PROTECTION OF THE SEA (PREVENTION OF POLLUTION FROM SHIPS) REGULATIONS - REG
7
Prescribed time for furnishing a report
7. For the purposes of subsections 11 (6) and (7), 22 (6) and (7) and 26B (8) and (9) of the Act, the period of 24 hours immediately following receipt of a request for a report is the prescribed time.
PROTECTION OF THE SEA (PREVENTION OF POLLUTION FROM SHIPS) REGULATIONS - REG
8
Oil record book
8. (1) A ship referred to in paragraph 12 (1) (a) of the Act shall carry an oil record book of the kind specified in paragraph (3)(a) of this regulation.
(2) A ship referred to in paragraph 12 (1) (b) of the Act shall carry an oil record book of the kind specified in paragraph (3)(b) of this regulation.
(3) For the purposes of subsection 12 (3) of the Act, the appropriate prescribed forms are:
(a) in the case of a ship referred to in paragraph 12 (1) (a) of the Act, the form set out in Part I and the form set out in Part II of Appendix III to the Annex of the 1978 Protocol as in force at the commencement of these Regulations; and
(b) in the case of a ship referred to in paragraph 12 (1) (b) of the Act, the form set out in Part I of Appendix III to the Annex of the 1978 Protocol as in force at the commencement of these Regulations.
(4) Where a time is required to be specified in an oil record book referred to in subregulation (3), that time shall be expressed as Universal Co-ordinated time.
PROTECTION OF THE SEA (PREVENTION OF POLLUTION FROM SHIPS) REGULATIONS - REG
9
Prescribed operations and occurrences for the purposes of subsection
12 (5) of the Act
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.
(2) For the purposes of subsection 12 (5) of the Act, each of the following occurrences that occurs in, or in relation to, a ship is a prescribed occurrence:
(a) the discharge into the sea of oil or an oily mixture from a ship for the purpose of:
(i) securing the safety of the ship; or
(ii) saving a life at sea;
(b) the discharge into the sea of oil or an oily mixture in consequence of damage to the ship or its equipment;
(c) the discharge into the sea of substances containing oil for the purpose of combating specific pollution incidents;
(d) failure of oil discharge monitoring and control system;
(e) the accidental or other exceptional discharge of oil not referred to in paragraphs (a), (b) and (c).
PROTECTION OF THE SEA (PREVENTION OF POLLUTION FROM SHIPS) REGULATIONS - REG
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Prescribed offices - sections 14 and 25 of the Act
10. For the purposes of sections 14 and 25 of the Act, each of the following offices in the Authority is prescribed:
(a) Manager, Eastern Region;
(b) Manager, Southern Region;
(c) Manager, Western Region.
PROTECTION OF THE SEA (PREVENTION OF POLLUTION FROM SHIPS) REGULATIONS - REG
10A
Time, manner and office prescribed for purposes of section 20 of the Act
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 Authority is a prescribed office:
(a) Manager, Eastern Region;
(b) Manager, Southern Region;
(c) Manager, Western Region.
PROTECTION OF THE SEA (PREVENTION OF POLLUTION FROM SHIPS) REGULATIONS - REG
10B
Prescribed office - section 21 of the Act
10B. For the purposes of section 21 of the Act, the office of Assistant Manager, Survey Operations, in the Authority is prescribed.
PROTECTION OF THE SEA (PREVENTION OF POLLUTION FROM SHIPS) REGULATIONS - REG
10C
Cargo record book
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.
PROTECTION OF THE SEA (PREVENTION OF POLLUTION FROM SHIPS) REGULATIONS - REG
10D
Prescribed operations and occurrences for the purposes of subsection
23 (5) of the Act
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).
PROTECTION OF THE SEA (PREVENTION OF POLLUTION FROM SHIPS) REGULATIONS - REG
10E
Regulation 8 of Annex II to have the force of law
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 Assistant Manager, Survey Operations, in the Authority; 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 Navigation Act 1912 is, by virtue of this subregulation, a surveyor authorised for the purpose of implementing Regulation 8 of Annex II to the Convention.
(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.
PROTECTION OF THE SEA (PREVENTION OF POLLUTION FROM SHIPS) REGULATIONS - REG
11
Application of certain sections of the Act to foreign ships
11. For the purposes of subsection 32 (1) of the Act, sections 12, 13, 23 and 24 of the Act apply to foreign ships, including foreign ships flying the flag of, or under the authority of, a Party to the Convention, at any time when they are in a port in Australia or are in the territorial sea of Australia or in the sea on the landward side of the territorial sea of Australia while on their way to or from a port in Australia as if such ships were Australian ships.
PROTECTION OF THE SEA (PREVENTION OF POLLUTION FROM SHIPS) REGULATIONS - REG
13
Fee for deposit of oil record book or cargo record book
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.
PROTECTION OF THE SEA (PREVENTION OF POLLUTION FROM SHIPS) REGULATIONS - REG
14
Exemption
14. (1) For the purposes of paragraph 33 (1) (g) of the Act, each of the following classes of ships is prescribed:
(a) warships;
(b) naval auxiliaries;
(c) ships, other than warships or naval auxiliaries, that are owned or operated by a State other than Australia and used, for the time being, only on government non-commercial service.
(2) In paragraph (1) (c) "State" has the same meaning as in the Convention.
(3) Ships included in a class of ships referred to in paragraph (1) (a), (b) or (c) are exempted from the provisions of the Act and these Regulations.
PROTECTION OF THE SEA (PREVENTION OF POLLUTION FROM SHIPS) REGULATIONS -
SCHEDULE 1SCH
SCHEDULE 1 Subregulation 6 (1)
HARMFUL SUBSTANCES REPORT FORM
(For use when reporting discharge or potential discharge of
substances to which Annexes I and II of MARPOL 73/78 apply)
(Sections of the ship reporting format which are
inappropriate should be omitted from the report)
A Ship: name, call sign/ship station identity and flag
B Date and time of event
(NOTE: Time must be expressed as Universal Co-Ordinated Time)
C Position: latitude and longitude; or
D Position: true bearing and distance
E True course
F Speed in knots and tenths of knots
L Route information: intended track
M Radio communications: full names of stations
N Time of next report
(NOTE: Time must be expressed as Universal Co-Ordinated Time)
P** 1. Type of oil or the correct technical name of the noxious
liquid substances on board
2. UN number or numbers
3. Pollution category (A,B,C or D) for each noxious liquid
substance
4. Names of manufacturers of substances or consignee or
consignor
5. An estimate of the quantity of the substances
**(NOTE: In the case of a probable discharge, item P should be
included)
Q 1. Condition of ship, as relevant
2. Ability to transfer cargo/ballast/fuel
R 1. Type of oil or the correct technical name of the noxious liquid
substance discharged into the sea
2. UN number or numbers
3. Pollution category (A,B,C or D) for each noxious liquid
substance
4. Names of manufacturers of substances or consignee or consignor
5. An estimate of the quantity of each substance
6. Whether lost substances floated or sank
7. Whether loss is continuing
8. Cause of loss
9. Estimate of the movement of the discharge or lost substances
giving current conditions, if known
10. Estimate of the surface area of the spill
S Weather conditions (give brief details of weather and sea
conditions prevailing)
T Name, address, telex and telephone number of the ship's owner and
representative
U Ship size and type
X 1. Action being taken with regard to the discharge and to the
movement of the ship
2. Assistance or salvage efforts which have been requested or
which have been provided by others
3. The master of an assisting or salvaging ship should report the
particulars of the action undertaken or planned
Please forward this report to:
Manager, Safety Operations, Australian Maritime Safety Authority
via the Maritime Rescue Co-ordination Centre (MRCC)
Telex 62349
Telephone (06) 247 5244
Facsimile (06) 257 2036
Telegraphic Code MRCC Australia
PROTECTION OF THE SEA (PREVENTION OF POLLUTION FROM SHIPS) REGULATIONS -
SCHEDULE 2SCH
SCHEDULE 2 Subregulation 6A (1)
MARINE POLLUTANTS REPORT FORM
(For use when reporting discharge or potential discharge
of substances to which Annex III of MARPOL 73/78 applies)
(Sections of the ship reporting format which are
inappropriate should not be included in the report)
A Ship: name, call sign/ship station identity and flag
B Date and time of event
(NOTE: Time must be expressed as Universal Co-Ordinated Time)
C Position: latitude and longitude; or
D Position: true bearing and distance
M Radio communications: full names of stations
P** 1. Correct technical name or names of goods
2. UN number or numbers
3. IMO hazard class or classes
4. Names of manufacturers of substances or consignee or
consignor
5. Types of packages including identification marks (specify
whether portable tank, freight container or other cargo transport
container, include official registration marks and numbers assigned
to the unit)
6. An estimate of the quantity and likely condition of the goods
** (NOTE: In the case of a probable discharge item P should be
included)
Q 1. Condition of ship
2. Ability to transfer cargo/ballast/fuel
R 1. Correct technical name of goods
2. UN number or numbers
3. IMO hazard class or classes
4. Names of manufacturers of goods or consignee or consignor
5. Types of packages including identification marks (specify
whether portable tank, freight container or other cargo transport
container, include official registration marks and numbers assigned
to the unit)
6. An estimate of the quantity and condition of the goods
7. Whether lost goods floated or sank
8. Whether loss is continuing
9. Cause of loss
S Weather conditions (give brief details of weather and sea
conditions prevailing)
T Name, address, telex and telephone number of the ship's owner and
representative
U Ship size and type
X 1. Action being taken with regard to the discharge and to the
movement of the ship
2. Assistance or salvage efforts which have been requested or
which have been provided by others
3. The master of an assisting or salvaging ship should report the
particulars of the action undertaken or planned Please forward this
report to:
Manager, Safety Operations, Australian Maritime Safety
Authority via the Maritime Rescue Co-ordination
Centre (MRCC)
Telex 62349
Telephone (06) 247 5244
Facsimile (06) 257 2036
Telegraphic Code MRCC Australia
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0
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