Transport Legislation Amendment Act 1991 (Cth)
PART 1—INTRODUCTORY
Section | |
| Short title |
| Commencement |
| Savings provision |
PART 2—AMENDMENTS OF THE AUSTRALIAN MARITIME SAFETY AUTHORITY ACT 1990 | |
| Principal Act |
| Insertion of new section: |
| |
| Termination of appointment |
PART 3—AMENDMENTS OF THE AUSTRALIAN NATIONAL RAILWAYS COMMISSION ACT 1983 | |
| Principal Act |
| Superannuation |
| Application of certain provisions of the |
PART 4—AMENDMENTS OF THE CIVIL AVIATION ACT 1988 | |
| Principal Act |
| Interpretation |
| Insertion of new Part: |
PART IIIA—INVESTIGATION POWERS | |
| |
|
TABLE OF PROVISIONS—
Section | |
| |
| |
| |
| |
| |
| |
| |
| |
| Insertion of new section: |
| |
| Termination of appointment |
| Regulations |
| Previous transfer of assets from Commonwealth to Civil Aviation Authority |
PART 5—AMENDMENTS OF THE FEDERAL AIRPORTS CORPORATION ACT 1986 | |
| Principal Act |
| Interpretation |
| Extent of functions of Corporation |
| Leave of absence |
| Termination of appointments |
| Annual report |
PART 6—AMENDMENTS OF THE PROTECTION OF THE SEA (PREVENTION OF POLLUTION FROM SHIPS) ACT 1983 | |
| Principal Act |
| Interpretation |
| Insertion of new section: |
| |
| New Schedules 6, 7 and 8 |
| Increase in penalties |
SCHEDULE 1 | |
NEW SCHEDULES 6, 7 AND 8 TO BE ADDED TO THE PROTECTION OF THE SEA (PREVENTION OF POLLUTION FROM SHIPS) ACT 1983 | |
SCHEDULE 2 | |
FURTHER AMENDMENTS OF THE PROTECTION OF THE SEA (PREVENTION OF POLLUTION FROM SHIPS) ACT 1983 | |
INCREASE IN PENALTIES | |
An Act to amend certain laws relating to transport and the protection of the sea, and for related purposes
[
The Parliament of Australia enacts:
(2) Part 3 is taken to have commenced on 17 February 1984.
(3) Part 2 and sections 3, 13, 14, 20 and 21 commence:
(a) on the same day as the Schedule to the
Industrial Relations Legislation Amendment Act 1991 commences; or(b) if that Schedule has commenced before the day on which this Act receives the Royal Assent—on the day on which this Act receives the Royal Assent.
Paragraph 18 (b) and section 19 commence, or are taken to have commenced, as the case may be, on 1 July 1991.
Paragraphs 18 (a) and (c) and section 22 are taken to have commenced immediately before 1 April 1991.
3. A person who:
(a) immediately before the commencement of this section was the holder of a public office within the meaning of the
Remuneration Tribunal Act 1973 ; and(b) on that commencement has, in respect of that office, such recreation leave entitlements as are determined by the Remuneration Tribunal;
retains, in respect of that office, such rights (if any) in relation to leave of absence for recreation as had accrued to the person immediately before that commencement.
PART 2 —AMENDMENTS OF THE AUSTRALIAN MARITIME SAFETY AUTHORITY ACT 1990
In this Part,
Section 17 of the Principal Act is repealed and the following section is substituted:
“17. (1) Subject to section 87e of the
“(2) The Minister may grant a Chairperson referred to in subsection (1) leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Minister determines in writing.
“(3) The Minister may grant leave to a Chairperson appointed as a part-time member to be absent from a meeting or meetings of the Authority.
“(4) The Chairperson may grant leave to another member (other than the Chief Executive Officer) to be absent from a meeting or meetings of the Authority.”.
6. Section 21 of the Principal Act is amended:
(a) by omitting from subparagraph (2) (b) (ii) “granted by the Minister”;
(b) by omitting from subparagraph (2) (c) (ii) “paragraph 17 (1) (b) or subsection 17 (2)” and substituting “section 17”.
PART 3 —AMENDMENTS OF THE AUSTRALIAN NATIONAL RAILWAYS COMMISSION ACT 1983
8. Section 45 of the Principal Act is amended:
(a) by adding at the end of paragraph (c) of the definition of “appropriate Superannuation Board” in subsection (4) “and continued in existence under the same name by section 10 of the
Retirement Benefits Act 1982 of that State”;(b) by omitting “1970” from paragraph (b) of the definition of “State retirement benefits” in subsection (4) and substituting “1982”.
PART 4 —AMENDMENTS OF THE CIVIL AVIATION ACT 1988
10. In this Part,“Principal Act” means theCivil Aviation Act 1988 3 .
“
(a) power to search the premises;
(b) power to inspect, examine, and take samples of, any substance or thing on or in the premises;
(c) power to photograph, or make sketches of, the premises and any substance or thing on or in the premises;
(d) power to take extracts from, or make copies of, any books, records or documents relating to an aircraft or required to be kept under this Act or the regulations;
(a) an area of land or any other place, whether or not it is enclosed or built on; or
(b) a structure, building, aircraft, vessel or vehicle;
and includes a part of any such premises;
12. After Part III of the Principal Act the following Part is inserted:
“PART III a —INVESTIGATION POWERS
“32aa. The Authority may, in writing, appoint an officer to be an investigator for the purposes of this Part.
“32ab. (1) The Authority must cause each investigator to be issued with an identity card in a form approved by the Authority and bearing a recent photograph of the investigator.
“(2) A person who stops being an investigator must, as soon as practicable, return his or her identity card to the Authority.
“(3) A person who, without reasonable excuse, contravenes subsection (2) is guilty of an offence punishable on conviction by a fine not exceeding $100.
“32ac. (1) For the purpose of finding out whether the relevant legislation is being complied with, an investigator may, with the consent of, and after producing the investigator’s identity card for inspection by, the occupier of prescribed premises, enter, and exercise inspection powers on, the premises.
“(2) In this section:
“32ad. (1) An investigator may apply to a magistrate for a warrant under this section in relation to particular prescribed premises.
“(2) Subject to subsection (3), the magistrate may issue the warrant if satisfied, by information on oath, that it is reasonably necessary that the investigator should have access to the premises for the purpose of finding out whether the relevant legislation is being complied with.
“(3) The magistrate must not issue the warrant unless the investigator or someone else has given the magistrate, either orally or by affidavit, any further information the magistrate may require about the grounds on which the issue of the warrant is being sought.
“(4) The warrant must:
(a) authorise an investigator named in the warrant, with such assistance and by such force as is necessary and reasonable, to enter, and exercise inspection powers on, the premises; and
(b) state whether the entry is authorised to be made at any time of the day or night or during specified hours of the day or night; and
(c) specify the day (not more than one month after the issue of the warrant) on which the warrant ceases to have effect; and
(d) state the purpose for which the warrant is issued.
“(5) In this section:
“32ae. (1) Where an investigator has reasonable grounds for suspecting that there is on or in any premises a particular thing that may afford evidence of the commission of an offence against this Act, or the regulations, the investigator may, with the consent of, and after producing the investigator’s identity card for inspection by, the occupier of the premises:
(a) enter the premises; and
(b) search the premises for the thing; and
(c) if the thing is found—seize it.
“(2) An investigator who has entered premises under subsection (1) must leave them if asked to do so by their occupier.
“32af. (1) An investigator may apply to a magistrate for a warrant under this section in relation to particular premises.
“(2) Subject to subsection (3), the magistrate may issue the warrant if satisfied, by information on oath, that there are reasonable grounds for suspecting that there is, or there may be within the next 72 hours,
on the premises a particular thing that may afford evidence of the commission of an offence against this Act or the regulations.
“(3) The magistrate must not issue the warrant unless the investigator or someone else has given the magistrate, either orally or by affidavit, any further information the magistrate may require about the grounds on which the issue of the warrant is being sought.
“(4) The warrant must:
(a) authorise an investigator named in the warrant, with such assistance and by such force as is necessary and reasonable:
(i) to enter the premises; and
(ii) to search the premises for the thing; and
(iii) if the thing is found—to seize it; and
(b) state whether the entry is authorised to be made at any time of the day or night during specified hours of the day or night; and
(c) specify the day (not more than one week after the issue of the warrant) on which the warrant ceases to have effect; and
(d) state the purpose for which the warrant is issued.
“32ag. (1) Where, because of circumstances of urgency, an investigator thinks it necessary to do so, the investigator may apply for a warrant under section 32af by telephone, in accordance with this section.
“(2) Before making such an application, an investigator must prepare an information of the kind mentioned in subsection 32af (2) that sets out the grounds on which the issue of the warrant is being sought, but may, if it is necessary to do so, make the application before the information has been sworn.
“(3) Where a magistrate to whom an application under this section is made is satisfied:
(a) after having considered the terms of the information prepared under subsection (2); and
(b) after having received any further information that the magistrate may require about the grounds on which the issue of the warrant is being sought;
that there are reasonable grounds for issuing the warrant, the magistrate must complete and sign a warrant that is the same as the warrant that the magistrate would issue under section 32AF if the application had been made under that section.
“(4) Where a magistrate signs a warrant under subsection (3):
(a) the magistrate must inform the investigator of the terms of the warrant, the date and time when it was signed, and the day on
which it ceases to have effect, and record on the warrant the reasons for issuing it; and
(b) the investigator must complete a form of warrant in the terms given to the investigator by the magistrate and write on it the magistrate’s name and the date and time when the warrant was signed.
“(5) Where an investigator completes a form of warrant, the investigator must, not later than the day after:
(a) the day on which the warrant ceases to have effect; or
(b) the day on which the warrant is executed;
whichever happens first, send the magistrate who signed the warrant the form of warrant completed by the investigator and the information duly sworn in connection with the warrant.
“(6) Upon receipt of the documents mentioned in subsection (5), the magistrate must attach to them the warrant signed by the magistrate and deal with the documents in the same way that the magistrate would have dealt with the information if the application for the warrant had been made under section 32af.
“(7) The form of warrant completed by an investigator under subsection (4) is, if it is in accordance with the terms of the warrant signed by the magistrate, authority for any entry, search, seizure or other exercise of a power that the warrant so signed authorised.
“(8) Where, in any proceedings, the court must be satisfied that an entry, search, seizure, or other exercise of power, was authorised under this section, and the warrant signed by a magistrate under this section authorising the entry, search, seizure, or other exercise of power, is not produced in evidence, the court must assume, unless the contrary is proved, that the entry, search, seizure, or other exercise of power, was not authorised by such a warrant.
“32ah. (1) Where an investigator who enters premises under section 32ae or under a warrant under section 32af or 32ag finds the thing (in this subsection called
(a) the investigator may seize the evidence; and
(b) the investigator may keep the evidence for 60 days or, if a prosecution for an offence against this Act or the regulations, in the commission of which the evidence may have been used or otherwise involved, is started within that period, until the completion of the proceedings for the offence and of any appeal in relation to the proceedings; and
(c) if the evidence is a book, record or document—while the investigator has possession of the evidence, the investigator
must allow it to be inspected at any reasonable time by anyone who would be entitled to inspect it if it were not in the investigator’s possession.
“(2) If, in the course of searching premises entered under section 32ae or under a warrant under section 32af or 32ag, the investigator:
(a) finds a thing that he or she believes on reasonable grounds to be:
(i) a thing (other than the evidence mentioned in subsection (1)) that will afford evidence of the commission of the offence mentioned in that subsection; or
(ii) a thing that will afford evidence of the commission of another offence against this Act or the regulations; and
(b) the investigator believes, on reasonable grounds, that it is necessary to seize the thing to prevent its concealment, loss or destruction;
subsection (1) applies to the thing as if it were the evidence mentioned in that subsection.
“(3) The Authority may, in writing, authorise the release of any thing seized under subsection (2) to its owner, or to the person from whom it was seized, either unconditionally or subject to such conditions as the Authority thinks fit.
“32aj. (1) An investigator who is on or in premises that he or she has entered under a warrant under this Part may require anyone on or in the premises to:
(a) answer any questions put by the investigator; and
(b) produce any books, records or documents requested by the investigator.
“(2) A person must not, without reasonable excuse, fail to comply with a requirement under subsection (1).
Penalty: $3,000.
“(3) It is not a reasonable excuse for a person to refuse or fail to answer a question or produce a book, record or document on the ground that to do so would tend to incriminate the person, but the answer to any question, or any book, record or document produced, or any information or thing obtained as a direct or indirect consequence of answering the question or producing the book, record or document is not admissible in evidence against the person in any criminal proceedings, other than proceedings for an offence against subsection (2).
“32ak. (1) An investigator may, for the purpose of performing the functions or exercising the powers of an investigator under this Part in relation to an aircraft, vessel or vehicle, require the person apparently in control of the aircraft, vessel or vehicle to do either or both of the following:
(a) to stop and detain the aircraft, vehicle or vessel for such reasonable period as the investigator specifies;
(b) to take all reasonable steps to ensure that the aircraft, vehicle or vessel, or a specified part of it, is left undisturbed for such reasonable period as the investigator specifies.
“(2) A person must not, without reasonable excuse, fail to comply with a requirement under subsection (1).
Penalty: $3,000.”.
“37. (1) Subject to section 87e of the
“(2) The Minister may grant a Chairperson referred to in subsection (1) leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Minister determine, in writing.
“(3) The Minister may grant leave to a Chairperson appointed as part-time member to be absent from a meeting or meetings of the Board.
“(4) The Chairperson may grant leave to another member to be absent from a meeting or meetings of the Board.”.
14. Section 42 of the Principal Act is amended:
(a) by omitting from subparagraph (2) (b) (ii) “granted by the Minister”;
(b) by omitting from subparagraph (2) (c) (ii) “paragraph 37 (1) (b) or subsection 37 (2)” and substituting “section 37”.
15. (1) Section 98 of the Principal Act is amended:
(a) by inserting after paragraph (3) (k) the following paragraphs:“(ka) requiring specified persons to prepare or alter flight manuals, operations manuals, procedures manuals,
maintenance manuals, systems of maintenance and other specified manuals and documents relating to the safe operation of aircraft;
(kb) the approval by the Authority of such manuals, systems and documents and of alterations of them;
(kc) empowering the Authority to prepare and alter such manuals, systems and documents;
(kd) requiring specified persons to comply with such manuals, systems and documents as in force at a particular time or from time to time;”;
(b) by inserting after subsection (3) the following subsection:“(3a) The regulations may make provision for or in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in a written instrument or other document, as in force at a particular time or from time to time.”.
(a) making provision for or in relation to the preparation, amendment and approval of flight manuals, operations manuals and procedures manuals; or
(b) requiring certain persons to comply with such manuals as in force from time to time;
are taken to be valid for all purposes.
PART 5 —AMENDMENTS OF THE FEDERAL AIRPORTS CORPORATION ACT 1986
18. Section 3 of the Principal Act is amended:
(a) by omitting from subsection (1) the definition of “financial year”;
(b) by inserting in subsection (1) the following definition:“
‘airport security’, in relation to Federal airports, means a combination of measures and human and material resources intended to safeguard the security of aircraft, persons and property at those airports;”;
(c) by adding at the end the following subsection:“(5) For the purposes of this Act, each of the following periods is taken to be a financial year:
(a) each period of 12 months starting on 1 April that occurs before 1 April 1990;
(b) the period starting on 1 April 1990 and ending on 30 June 1991;
(c) each period of 12 months starting on 1 July that occurs after 30 June 1991.”.
“(ba) providing, or arranging for the provision of, airport security at, or in relation to, Federal airports;”.
“(1) Subject to section 87e of the
“(1a) The Minister may grant a Chairperson referred to in subsection (1) leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Minister determines in writing.
“(1b) The Minister may grant leave to a Chairperson appointed as a part-time member to be absent from a meeting or meetings of the Board.”.
21. Section 19 of the Principal Act is amended:
(a) by omitting from subparagraph (2) (b) (ii) “granted by the Minister”;
(b) by omitting from subparagraph (2) (c) (ii) “paragraph 17 (1) (b) or subsection 17 (2)” and substituting “section 17”.
“(1) The Corporation must, as soon as practicable after the last day in each financial year that ends after the commencement of this subsection, prepare and give to the Minister a report on its operations during that financial year, together with financial statements for that financial year in such form as the Minister for Finance approves.”.
PART 6 —AMENDMENTS OF THE PROTECTION OF THE SEA (PREVENTION OF POLLUTION FROM SHIPS) ACT 1983
24. Section 3 of the Principal Act is amended:
(a) by adding “and” at the end of paragraph (a) of the definition of “the 1978 Protocol” in subsection (1);
(b) by inserting after paragraph (aa) of the definition of “the 1978 Protocol” in subsection (1) the following paragraphs:
“(ab) the amendments to the Annex of the Protocol adopted on 1 December 1987 (a copy of the English text of which is set out in Schedule 6); and
(ac) the amendments to the Annex of the Protocol adopted on 17 March 1989 (a copy of the English text of which is set out in Schedule 7); and
(ad) the amendments to the Annex of the Protocol adopted on 17 October 1989 (a copy of the English text of which is set out in Schedule 8); and”.
“29a. (1) A document to be served on the master or owner of a ship in respect of an offence against this Act may be served on the agent of the ship instead.
“(2) A document served on the agent of a ship under subsection (1) is taken to have been served on the master or owner of the ship.”.
27. The Principal Act is further amended as set out in Schedule 2.
SCHEDULE 1 Section 26
NEW SCHEDULES 6, 7 AND 8 TO BE ADDED TO THE PROTECTION OF THE SEA (PREVENTION OF POLLUTION FROM SHIPS) ACT 1983
SCHEDULE 6 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
adopted on 1 December 1987
(Designation of the Gulf of Aden as a Special Area)
THE MARINE ENVIRONMENT PROTECTION COMMITTEE,
NOTING the functions which article 16 of the International Convention for the Prevention of Pollution from Ships, 1973 (hereinafter referred to as the “1973 Convention”) and resolution A.297 (VIII) confer on the Marine Environment Protection Committee for the consideration and adoption of amendments to the 1973 Convention,
NOTING FURTHER article VI of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973 (hereinafter referred to as the “1978 Protocol”),
HAVING CONSIDERED at its twenty-fifth session amendments to the 1978 Protocol proposed and circulated in accordance with article 16 (2) (a) of the 1973 Convention,
ADOPTS in accordance with article 16 (2) (d) of the 1973 Convention amendments to the Annex of the 1978 Protocol, the text of which is set out in the Annex to the present resolution;
DETERMINES in accordance with article 16 (2) (f) (iii) of the 1973 Convention that the amendments shall be deemed to have been accepted on 1 October 1988 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;
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 1 April 1989 upon their acceptance in accordance with paragraph 2 above;
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;
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 I
Methods for the Prevention of Oil Pollution from Ships while operating in Special Areas
The existing text of paragraph (1) is replaced by the following: “(1) For the purposes of this Annex the special areas are the Mediterranean Sea area, the Baltic Sea area, the Black Sea area, the Red Sea area, the “Gulfs area” and the Gulf of Aden area, which are defined as follows:
(a) The Mediterranean Sea area means the Mediterranean Sea proper including the gulfs and seas therein with the boundary between the Mediterranean and the Black Sea constituted by 41°N parallel and bounded to the west by the Straits of Gibraltar in the meridian of 5°36′W.
(b) The Baltic Sea area means the Baltic Sea proper with the Gulf of Bothnia, the Gulf of Finland and the entrance to the Baltic Sea bounded by the parallel of the Skaw in the Skagerrak at 57°44.8′N.
(c) The Black Sea area means the Black Sea proper with the boundary between the Mediterranean and the Black Sea constituted by the parallel 41°N.
(d) The Red Sea area means the Red Sea proper including the Gulfs of Suez and Aqaba bounded at the south by the rhumb line between Ras si Ane (12°28.5′N, 43°19.6′E) and Husn Murad (12°40.4′N, 43°30.2′E).
(e) The Gulfs area means the sea area located north west of the rhumb line between Ras al Hadd (22°30′N, 59°48′E) and Ras Al Fasteh (25°04′N, 61°25′E).
(f) The Gulf of Aden area means that part of the Gulf of Aden between the Red Sea and the Arabian Sea bounded to the west
by the rhumb line between Ras si Ane (12°28.5′N, 43°19.6′E) and Husn Murad (12°40.4′N, 43°30.2′E) and to the east by the rhumb line between Ras Asir (11°50′N, 51°16.9′E) and Ras Fartak (15°35′N, 52°13.8′E).”
The existing text of paragraph 7 (b) is replaced by the following:
“(b) Red Sea area, Gulfs area and Gulf of Aden area:”.
______________
SCHEDULE 7 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
(Appendices II and III of Annex II of MARPOL 73/78)
adopted on 17 March 1989
THE MARINE ENVIRONMENT PROTECTION COMMITTEE,
RECALLING article 38 (a) of the Convention on the International Maritime Organization concerning the function of the Committee conferred upon it by International Conventions for the Prevention and Control of Marine Pollution,
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 International Convention for the Prevention of Pollution from Ships, 1973 (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),
BEING DESIROUS of keeping appendices II and III of Annex II of MARPOL 73/78 up-to-date and compatible with the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (IBC Code) and the Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (BCH Code),
NOTING FURTHER resolution MEPC.34 (27) by which the Committee adopted amendments to the IBC Code,
RECOGNIZING the need to bring the corresponding amendments to appendices II and III of Annex II of MARPOL 73/78 into force on the date on which the amendments to the IBC Code enter into force,
HAVING CONSIDERED, at its twenty-seventh session, the amendments to appendices II and III of Annex II of MARPOL 73/78 proposed by the Sub-Committee on Bulk Chemicals at its eighteenth session and circulated in accordance with article 16 (2) (a) of the 1973 Convention,
ADOPTS in accordance with article 16 (2) (d) of the 1973 Convention amendments to appendices II and III of Annex II of MARPOL 73/78, the text of which is set out in the Annex to the present resolution;
DETERMINES, in accordance with article 16 (2) (f) (iii) of the 1973 Convention, that the amendments shall be deemed to have been accepted on the date on which the conditions for the entry into force of the amendments to the IBC Code adopted by the Committee by resolution 34 (27) are met, unless prior to that date, not less than one third of the Parties or the Parties, the combined merchant fleets of which constitute not less than fifty per cent of the gross tonnage of the world’s merchant fleet, have communicated to the Organization their objections to the amendments;
INVITES the Parties to note that in accordance with article 16 (2) (g) (ii) of the 1973 Convention the amendments shall enter into force six months after their acceptance in accordance with paragraph 2 above;
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;
REQUESTS FURTHER 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 APPENDICES II AND III OF ANNEX II OF MARPOL 73/78
The lists contained in Appendices II and III of Annex II of MARPOL 73/78 are replaced by the following:
APPENDIX II
Substance |
|
|
|
|
Acetaldehyde | 1089 |
| ||
Acetic acid | 2789 |
| ||
Acetic anhydride |
| |||
Acetone cyanohydrin | 1541 |
|
|
|
Acrylamide solution (50% or less) | 2074 |
| ||
Acrylic acid | 2218 |
| ||
Acrylonitrile | 1093 |
|
Substance |
|
|
|
|
Adiponitrile |
|
| ||
Alcohol (C12-C15) poly(1-3) ethoxylates |
|
|
| |
Alcohol (C12-C15) poly(3-11) ethoxylates |
|
|
| |
Alcohol (C6-C17) (secondary) poly(3-6) ethoxylates |
|
|
| |
|
| |||
Alkyl acrylate/Vinyl pyridine copolymer in toluene |
| |||
Alkyl (C9-C17) benzenes |
| |||
Alkyl benzene sulphonic acid |
|
| ||
Alkyl benzene sulphonic acid, sodium salt solution |
| |||
Allyl alcohol |
|
| ||
Allyl chloride |
|
| ||
|
| |||
Aluminium sulphate solution |
| |||
2-(2-Aminoethoxy) ethanol |
|
| ||
Aminoethyl ethanolamine |
| |||
N-Aminoethylpiperazine |
|
| ||
2-Amino-2-methyl-l-propanol (90% or less) |
| |||
Ammonia aqueous (28% or less) |
|
| ||
Ammonium nitrate solution (93% or less) |
| |||
Ammonium sulphate solution |
| |||
Ammonium sulphide solution (45% or less) |
|
| ||
|
| |||
Ammonium thiosulphate solution (60% or less) |
| |||
n-Amyl acetate |
|
| ||
sec-Amyl acetate |
|
| ||
Amyl acetate, commercial |
|
| ||
n-Amyl alcohol |
|
| ||
sec-Amyl alcohol |
|
| ||
Amyl alcohol, primary |
|
| ||
Aniline |
|
| ||
Animal and fish oils, n.o.s. including: |
|
Pollution Category in brackets 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. Until the hazard evaluation is completed the Pollution Category assigned shall be used.
* UN number refers to 10-35%.
Substance |
|
|
|
|
| ||||
| ||||
|
| |||
Benzene and mixtures having 10% benzene or more |
|
| ||
Benzene sulphonyl chloride |
|
| ||
Benzyl acetate |
| |||
Benzyl alcohol |
| |||
Benzyl chloride |
|
| ||
|
| |||
Butene oligomer |
| |||
n-Butyl acetate |
|
| ||
sec-Butyl acetate |
|
| ||
n-Butyl acrylate |
|
| ||
Butylamine (all isomers) |
| |||
Butylbenzenes (all isomers) |
|
|
|
|
Butyl benzyl phthalate |
|
|
| |
n-Butyl butyrate |
| |||
Butyl/Decyl/Cetyl/Eicosyl methacrylate mixture |
| |||
Butylene glycol |
| |||
1,2-Butylene oxide |
|
| ||
n-Butyl ether |
|
| ||
Butyl lactate |
| |||
Butyl methacrylate |
| |||
n-Butyraldehyde |
|
| ||
Butyric acid |
|
| ||
gamma-Butyrolactone |
| |||
Calcium alkyl salicylate |
| |||
Calcium hydroxide slurry |
| |||
Calcium hypochlorite solution (15% or less) |
| |||
Calcium hypochlorite solution (more than 15%) |
| |||
Calcium naphthenate in mineral oil |
|
|
| |
Camphor oil |
|
| ||
epsilon-Caprolactam (molten or aqueous solutions) |
| |||
Carbolic oil |
|
|
| |
Carbon disulphide |
|
| ||
Carbon tetrachloride |
|
| ||
Cashew nut shell oil (untreated) |
| |||
Chlorinated paraffins (C10-C13) |
|
|
| |
Chloroacetic acid (80% or less) |
|
| ||
Chlorobenzene |
|
|
**UN number 1114 applies to Benzene.
Substance |
|
|
|
|
Chloroform |
|
| ||
Chlorohydrins (crude) |
| |||
o-Chloronitrobenzene |
|
| ||
2- or 3-Chloropropionic acid |
| |||
Chlorosulphonic acid |
|
| ||
m-Chlorotoluene |
|
| ||
o-Chlorotoluene |
|
|
|
|
p-Chlorotoluene |
|
| ||
Chlorotoluenes (mixed isomers) |
|
|
|
|
Choline chloride solutions |
| |||
Citric acid |
| |||
Coal tar |
|
|
| |
Coal tar naphtha solvent |
| |||
Coal tar pitch (molten) |
| |||
Cobalt naphthenate in solvent naphtha |
|
|
| |
Coconut oil fatty acid |
| |||
Coconut oil fatty acid methyl ester |
| |||
Creosote (coal tar) |
|
|
| |
Creosote (wood) |
|
|
| |
Cresols (all isomers) |
|
|
|
|
Cresylic acid, sodium salt solution |
|
|
| |
Crotonaldehyde |
|
| ||
Cycloheptane |
|
| ||
Cyclohexane |
|
| ||
Cyclohexanol |
| |||
Cyclohexanone |
|
| ||
Cyclohexyl acetate |
| |||
Cyclohexylamine |
|
| ||
1,3-Cyclopentadiene dimer (molten) |
| |||
Cyclopentane |
|
| ||
Cyclopentene |
| |||
p-Cymene |
|
| ||
Decahydronaphthalene |
|
| ||
Decanoic acid |
| |||
Decene |
| |||
Decyl acrylate |
|
|
| |
Decyl alcohol (all isomers) |
| |||
Decylbenzene |
| |||
Diacetone alcohol |
|
| ||
Dialkyl (C7-C13) phthalates |
| |||
Dibutylamine |
| |||
Dibutyl phthalate |
|
|
| |
Dichlorobenzenes (all isomers) |
|
| ||
1,1-Dichloroethane |
|
| ||
Dichloroethyl ether |
|
| ||
1,6-Dichlorohexane |
| |||
2,2-Dichloroisopropyl ether |
|
| ||
Dichloromethane |
|
| ||
2,4-Dichlorophenol |
|
|
|
|
2,4-Dichlorophenoxyacetic acid, |
|
|
| |
|
Substance |
|
|
|
|
| A | 0.1 |
| |
| A | 0.1 |
| |
1,1-Dichloropropane |
| |||
1,2-Dichloropropane |
|
| ||
1,3-Dichloropropane |
| |||
1,3-Dichloropropene |
|
| ||
Dichloropropene/Dichloropropane mixtures |
| |||
2,2-Dichloropropionic acid |
| |||
Diethylamine |
|
| ||
Diethylaminoethanol |
|
| ||
Diethylbenzene |
|
| ||
Diethylene glycol butyl ether acetate |
| |||
Diethylene glycol dibutyl ether |
| |||
Diethylene glycol ethyl ether acetate |
| |||
Diethylene glycol methyl ether |
| |||
Diethylene glycol methyl ether acetate |
| |||
Diethylenetriamine |
|
| ||
Di-(2-ethylhexyl) adipate |
| |||
Di-(2-ethylhexyl) phosphoric acid |
|
| ||
Diethyl phthalate |
| |||
Diethyl sulphate |
|
| ||
Diglycidyl ether of bisphenol A |
| |||
Diglycidyl ether of bisphenol F |
| |||
Di-n-hexyl adipate |
| |||
|
| |||
Diisobutylamine |
|
| ||
Diisobutylene |
|
| ||
Diisobutyl ketone |
|
| ||
Diisobutyl phthalate |
| |||
Diisodecyl phthalate |
| |||
Diisononyl adipate |
| |||
Diisopropanolamine |
| |||
Diisopropylamine |
|
| ||
Diisopropylbenzene (all isomers) |
|
|
| |
Diisopropyl naphthalene |
| |||
N,N-Dimethylacetamide solution (40% or less) |
| |||
Dimethyl adipate |
| |||
Dimethylamine solution (45% or less) |
|
| ||
|
|
| ||
|
|
| ||
N, N-Dimethylcyclohexylamine |
|
| ||
Dimethylethanolamine |
|
| ||
Dimethylformamide |
|
| ||
Dimethyl glutarate |
| |||
Dimethyl octanoic acid |
|
Substance |
|
|
|
|
Dimethyl phthalate |
| |||
2,2-Dimethylpropane-1,3-diol |
| |||
Dimethyl succinate |
| |||
Dinitrotoluene (molten) |
|
| ||||
Dinonyl phthalate |
| |||
1,4-Dioxane |
|
| ||
Dipentene |
|
| ||
Diphenyl |
|
|
| |
Diphenyl/Diphenyl ether mixtures |
|
|
| |
Diphenyl ether |
|
|
| |
Diphenyl ether/Diphenyl phenyl ether mixture |
|
|
| |
Diphenylmethane diisocyanate |
|
| ||
Diphenylol propane-epichlorohydrin resins |
| |||
Di-n-propylamine |
|
| ||
Dipropylene glycol methyl ether |
| |||
Ditridecyl phthalate |
| |||
Diundecyl phthalate |
| |||
Dodecene (all isomers) |
| |||
|
| |||
Dodecyl alcohol |
| |||
Dodecyl diphenyl ether disulphonate solution |
| |||
Dodecyl phenol |
|
|
| |
Drilling brines, containing Zinc salts |
|
|
| |
Epichlorohydrin |
|
| ||
Ethanolamine |
|
| ||
2-Ethoxyethanol |
|
| ||
2-Ethoxyethyl acetate |
|
| ||
Ethyl acetate |
|
| ||
Ethyl acetoacetate |
| |||
Ethyl acrylate |
|
|
|
|
Ethylamine |
|
| ||
Ethylamine solutions (72% or less) |
|
| ||
Ethyl amyl ketone |
|
| ||
Ethylbenzene |
|
| ||
N-Ethylbutylamine |
| |||
Ethyl butyrate |
|
| ||
Ethylcyclohexane |
| |||
N-Ethylcyclohexylamine |
| |||
Ethylene chlorohydrin |
|
| ||
Ethylene cyanohydrin |
| |||
Ethylenediamine |
|
| ||
|
| |||
Ethylene dibromide |
|
| ||
Ethylene dichloride |
|
| ||
Ethylene glycol |
| |||
Ethylene glycol acetate |
| |||
Ethylene glycol butyl ether acetate |
| |||
Ethylene glycol diacetate |
|
Substance |
|
|
|
|
Ethylene glycol isopropyl ether |
| |||
Ethylene glycol methyl butyl ether |
| |||
Ethylene glycol methyl ether |
|
| ||
Ethylene glycol methyl ether acetate |
|
| ||
Ethylene glycol phenyle ether |
| |||
Ethylene glycol phenyle ether/ |
| |||
| ||||
|
|
| ||
2-Ethylhexanoic acid |
| |||
2-Ethylhexyl acrylate |
| |||
2-Ethylhexylamine |
|
| ||
Ethylidene norbornene |
| |||
Ethyl methacrylate |
|
| ||
o-Ethylphenol |
|
|
| |
Ethyl propionate |
|
| ||
2-Ethyl-3-propylacrolein |
| |||
Ethyltoluene |
| |||
Ferric chloride solutions |
|
| ||
|
| |||
Ferric nitrate/Nitric acid solution |
| |||
Formaldehyde solutions (45% or less) | 1198, 2209 |
| ||
Formamide |
| |||
Formic acid |
|
| ||
Fumaric adduct of rosin, water dispersion |
| |||
Furfural |
|
| ||
Furfuryl alcohol |
|
| ||
Glutaraldehyde solutions (50% or less) |
| |||
Glycidyl ester of C10 trialkylacetic acid |
| |||
Glyoxal solution (40% or less) |
| |||
Heptane (all isomers) |
|
| ||
n-Heptanoic acid |
| |||
Heptanol (all isomers) |
| |||
Heptene (all isomers) |
| |||
Heptyl acetate |
| |||
Hexamethylenediamine adipate (50% in water) |
| |||
Hexamethylenediamine solution |
|
| ||
Hexamethyleneimine |
|
| ||
Hexamethylenetetramine solutions |
| |||
Hexane (all isomers) |
|
| ||
Hexanoic acid |
| |||
Hexanol |
|
| ||
Hexene (all isomers) |
| |||
Hexyl acetate |
|
| ||
Hydrochloric acid |
|
|
Substance |
|
|
|
|
| 2014, 2984 |
| ||
|
|
| ||
2-Hydroxyethyl acrylate |
| |||
|
| |||
Isoamyl acetate |
|
| ||
Isoamyl alcohol |
|
| ||
Isobutyl acetate |
|
| ||
Isobutyl acrylate |
|
| ||
Isobutyl formate |
|
| ||
Isobutyraldehyde |
|
| ||
Isophorone |
| |||
Isophoronediamine |
|
| ||
Isophorone diisocyanate |
|
| ||
Isoprene |
|
| ||
Isopropanolamine |
| |||
Isopropylamine |
|
| ||
Isopropylbenzene |
|
| ||
Isopropylcyclohexane |
| |||
Isopropyl ether |
|
| ||
Isovaleraldehyde |
|
| ||
Lactic acid |
| |||
Lactonitrile solution (80% or less) |
| |||
Latex (ammonia inhibited) |
| |||
Lauric acid |
| |||
Maleic anhydride |
|
| ||
Mercaptobenzothiazol, sodium salt solution |
| |||
Mesityl oxide |
|
| ||
Metam sodium solution |
| 0.1 | 0.05 | |
Methacrylic acid |
|
| ||
Methacrylic resin in
|
| |||
Methacrylonitrile |
|
| ||
3-Methoxybutyl acetate |
|
| ||
Methyl acetoacetate |
| |||
Methyl acrylate |
|
| ||
Methylamine solutions (42% or less) |
|
| ||
Methylamyl acetate |
|
| ||
Methylamyl alcohol |
|
| ||
Methyl amyl ketone |
|
| ||
Methyl butenol |
| |||
Methyl tert-butyl ether |
|
| ||
Methyl butyl ketone |
| |||
Methyl butynol |
| |||
Methyl butyrate |
|
| ||
Methylcyclohexane |
|
| ||
Methylcyclopentadiene dimer |
| |||
2-Methyl-6-ethyl aniline |
| |||
2-Methyl-5-ethyl pyridine |
|
| ||
Methyl formate |
|
|
Substance |
|
|
|
|
Methyl heptyl ketone |
| |||
Methyl isobutyl ketone |
|
| ||
Methyl methacrylate |
|
| ||
Methylnapthalene |
|
|
| |
2-Methyl-1-pentene |
|
| ||
Methyl propyl ketone |
| |||
2-Methylpyridine |
|
| ||
4-Methylpyridine |
|
| ||
N-Methyl-2-pyrrolidone |
| |||
Methyl salicylate |
| |||
alpha-Methylstyrene |
|
|
|
|
Morpholine |
|
| ||
Motor fuel anti-knock compounds |
|
|
|
|
Naphthalene (molten) |
|
|
|
|
|
| |||
Naphthenic acids |
|
|
| |
Neodecanoic acid |
| |||
|
|
| ||
Nitric acid (less than 70%) |
|
| ||
Nitric acid (70% and over) | 2031,
|
| ||
Nitrilotriacetic acid, trisodium salt solution |
| |||
Nitrobenzene |
|
| ||
o-Nitrophenol (molten) |
|
| ||
1- or 2-Nitropropane |
|
| ||
Nitropropane (60%)/Nitroethane (40%) mixture |
|
| ||
o- or p-Nitrotoluenes |
|
| ||
Nonane (all isomers) |
|
| ||
Nonanoic acid (all isomers) |
| |||
Nonene |
| |||
Nonyl alcohol (all isomers) |
| |||
Nonyl methacrylate monomer |
| |||
Nonylphenol |
|
|
| |
Nonyl phenol poly(4-12) ethoxylates |
| |||
Octane (all isomers) |
|
| ||
Octanoic acid (all isomers) |
| |||
Octanol (all isomers) |
| |||
Octene (all isomers) |
| |||
n-Octyl acetate |
| |||
Octyl aldehydes |
| |||
Octyl nitrates (all isomers) |
|
|
| |
Olefin mixtures (C5-C7) |
| |||
Olefin mixtures (C5-C15) |
| |||
alpha-Olefins (C6-C18) mixtures |
| |||
Oleic acid |
| |||
Oleum |
|
| ||
Palm nut oil fatty acid |
| |||
Palm oil fatty acid methyl ester |
|
Substance |
|
|
|
|
Palm stearin |
| |||
Paraldehyde |
|
| ||
Pentachloroethane |
|
| ||
1,3-Pentadiene |
| |||
Pentaethylenehexamine |
| |||
Pentane (all isomers) |
|
| ||
Pentanoic acid |
| |||
Pentene (all isomers) |
| |||
Perchloroethylene |
|
| ||
Phenol |
|
| ||
1-Phenyl-1-xylyl ethane |
| |||
Phosphoric acid |
|
| ||
Phosphorus, yellow or white | 1381, 2447 |
|
|
|
Phthalic anhydride (molten) |
|
| ||
Pinene |
|
| ||
Polyalkylene glycol butyl ether |
| |||
Polyethylene polyamines | 2734, 2735 |
| ||
Polyferric sulphate solution |
| |||
Polymethylene polyphenyl isocyanate |
|
| ||
Polypropylene glycol |
| |||
Potassium hydroxide solution |
|
| ||
n-Propanolamine |
| |||
beta-Propiolactone |
| |||
Propionaldehyde |
|
| ||
Propionic acid |
|
| ||
Propionic anhydride |
|
| ||
Propionitrile |
|
| ||
n-Propyl acetate |
|
| ||
n-Propylamine |
|
| ||
n-Propylbenzene |
|
| ||
n-Propyl chloride |
| |||
Propylene dimer |
| |||
Propylene glycol ethyl ether |
| |||
Propylene glycol methyl ether |
| |||
Propylene glycol monoalkyl ether |
| |||
Propylene oxide |
|
| ||
Propylene tetramer |
|
| ||
Propylene trimer |
|
| ||
Pyridine |
|
| ||
Rosin |
| |||
Rosin soap (disproportionated) solution |
| |||
Silicon tetrachloride |
| |||
Sodium alumininate solution |
| |||
Sodium borohydride (15% or less)/ |
| |||
Sodium hydroxide solution | ||||
Sodium carbonate solution |
| |||
Sodium dichromate solution (70% or less) |
| |||
Sodium hydrogen sulphite solution (35% or less) |
|
|
Substance |
|
|
|
|
Sodium hydrosulphide/Ammonium sulphide solution |
| |||
Sodium hydrosulphide solution (43% or less) |
|
| ||
Sodium hydroxide solution |
|
| ||
Sodium hypochlorite solution (15% or less) |
|
| ||
Sodium nitrite solution |
|
| ||
Sodium silicate solution |
| |||
Sodium sulphide solution |
| |||
Sodium sulphite solution |
| |||
Sodium thiocyanate solution (56% or less) |
| |||
Styrene monomer |
|
| ||
Sulpholane |
| |||
Sulphuric acid |
|
| ||
Sulphuric acid, spent |
|
| ||
Tall oil (crude and distilled) |
| |||
Tall oil fatty acid (resin acids less than 20%) |
| |||
Tall oil soap (disproportionated) solution |
| |||
Tallow |
| |||
Tallow fatty acid |
| |||
Tetrachloroethane |
|
| ||
Tetraethylene pentamine |
|
| ||
Tetrahydrofuran |
|
| ||
Tetrahydronaphthalene |
| |||
1,2,3,5-Tetramethylbenzene |
| |||
Titanium tetrachloride |
|
| ||
Toluene |
|
| ||
Toluenediamine |
|
| ||
Toluene diisocyanate |
|
| ||
o-Toluidine |
|
| ||
Tributyl phosphate |
| |||
1,2,4-Trichlorobenzene |
|
| ||
1,1,1-Trichloroethane |
|
| ||
1,1,2-Trichloroethane |
| |||
Trichloroethylene |
|
| ||
1,2,3-Trichloropropane |
| |||
1,1,2-Trichloro-1,2,2-trifluoroethane |
| |||
|
|
|
| |
|
|
|
|
|
Triethanolamine |
| |||
Triethylamine |
|
| ||
Triethylbenzene |
|
|
| |
Triethylene glycol ethyl ether |
|
* UN number 2574 applies to Tricresyl phosphate containing more than 3% ortho-isomer.
Substance |
|
|
|
|
Triethylene glycol methyl ether |
| |||
Triethylenetetramine |
|
| ||
Trimethylacetic acid |
| |||
Trimethylamine |
| |||
Trimethyl benzenes (all isomers) |
| |||
|
|
| ||
|
|
| ||
Trimethylol propane polyethoxylate |
| |||
2,2,4-Trimethyl-l,3-pentanediol-1-isobutyrate |
| |||
Tripropylene glycol methyl ether |
| |||
Trixylyl phosphate |
|
|
| |
Turpentine |
|
| ||
Undecanoic acid |
| |||
1-Undecene |
| |||
Undecyl alcohol |
| |||
|
| |||
Urea/Ammonium nitrate solution |
| |||
|
| |||
Urea/Ammonium phosphate solution |
| |||
n-Valeraldehyde |
|
| ||
Vegetable oil, n.o.s., including: |
| |||
| ||||
| ||||
| ||||
| ||||
| ||||
| ||||
| ||||
| ||||
| ||||
| ||||
| ||||
| ||||
| ||||
| ||||
| ||||
| ||||
Vinyl acetate |
|
| ||
Vinyl ethyl ether |
|
| ||
Vinylidene chloride |
|
| ||
Vinyl neodecanoate |
| |||
Vinyltoluene |
|
|
| 0.05 |
White spirit, low (15-20%) aromatic |
|
| ||
Xylenes |
|
| ||
Xylenol |
|
|
APPENDIX III
Substance | UN number |
Acetone |
|
Acetonitrile |
|
Alcoholic beverages, n.o.s. | |
Alcohols (C13 and above) | |
| |
| |
tert-Amyl alcohol |
|
Apple juice | |
Behenyl alcohol | |
Benzene tricarboxylic acid, trioctyl ester | |
n-Butyl alcohol |
|
sec-Butyl alcohol |
|
tert-Butyl alcohol |
|
Butyl stearate | |
Calcium carbonate slurry | |
| |
Cetyl/Eicosyl methacrylate mixture | |
Cetyl/Stearyl alcohol | |
| |
Clay slurry | |
Coal slurry | |
Dextrose solution | |
Diethanolamine | |
Diethyl ether |
|
Diethylene glycol | |
Diethylene glycol butyl ether | |
Diethylene glycol diethyl ether | |
Diethylene glycol ethyl ether | |
| |
Diheptyl phthalate | |
Dihexyl phthalate | |
Diisooctyl phthalate | |
Dioctyl phthalate | |
Dipropylene glycol | |
Dodecane (all isomers) | |
Dodecyl benzene | |
Dodecyl methacrylate | |
Dodecyl/Pentadecyl methacrylate mixture | |
Drilling brines: | |
| |
| |
| |
Ethyl alcohol |
|
Ethylene carbonate | |
Ethylene glycol butyl ether |
|
Ethylene glycol tert-butyl ether | |
Ethylene/Vinyl acetate copolymer (emulsion) | |
Fatty acid (saturated, C13 and above) | |
Glucose solution | |
Glycerine | |
Glycerol polyalkoxylate | |
Glyceryl triacetate |
Substance | UN number |
Glycine, sodium salt solution | |
Hexamethylene glycol | |
Hexylene glycol | |
Isobutyl alcohol |
|
Isopropyl acetate |
|
Isopropyl alcohol |
|
Kaolin slurry | |
Lard | |
Latex: | |
| |
| |
Lignin sulphonic acid, sodium salt solution | |
Magnesium chloride solution | |
Magnesium hydroxide slurry | |
3-Methoxy-1-Sutanol | |
Methyl acetate |
|
Methyl alcohol |
|
Methyl ethyl ketone | |
2-Methyl-2-hydroxy-3-butyne | |
3-Methyl-3-methoxy butanol | |
3-Methyl-3-methoxy butyl acetate | |
Molasses | |
Octyl decyl adipate | |
alpha-Olefins(C13-C18) | |
Olefins (C13 and above, all isomers) | |
n-Paraffins (C10-C20) | |
Paraffin wax | |
Petrolatum | |
Polyaluminium chloride solution | |
Polybutene | |
Polyethylene glycol dimethyl ether | |
Polyethylene glycols | |
Polypropylene glycol methyl ether | |
Polysiloxane | |
n-Propyl alcohol | |
Propylene glycol | |
Propylene-butylene copolymer | |
Sodium alumino silicate slurry | |
Sodium chlorate solution (50% or less) |
|
Sorbitol solution | |
Sulphur (molten) |
|
Tetraethylene glycol | |
Tridecane | |
Tridecanoic acid | |
Triethylene glycol | |
Triethylene glycol butyl ether | |
Triisopropanolamine | |
Tripropylene glycol | |
Urea formaldehyde resin solution | |
Urea solution | |
Vegetable protein solution (hydrolyzed) | |
Water |
SCHEDULE 8 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
(Amendments to Annex V of MARPOL 73/78) adopted on 17 October 1989
THE MARINE ENVIRONMENT PROTECTION COMMITTEE, RECALLING Article 38 (a) of the Convention on the International Maritime Organization concerning the functions of the Committee.
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 International Convention for the Prevention of Pollution from Ships, 1973 (hereinafter referred to as the “1978 Protocol”) which confer 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-eighth 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, 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 17 August 1990, 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;
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 18 February 1991 upon their acceptance in accordance with paragraph 2 above;
REQUESTS the Secretary-General, in conformity with article 16 (2) (e) of the 1973 Convention, to transmit to all Parties to Annex V of the 1978 Protocol certified copies of the present resolution and the text of the amendments contained in the Annex;
SCHEDULE 1 —continued
5. FURTHER REQUESTS the Secretary-General to transmit to the Members of the Organization which are not Parties to Annex V of the 1978 Protocol copies of the resolution and its annex.
ANNEX
TEXT OF AMENDMENTS TO REGULATIONS OF ANNEX V OF MARPOL 73/78
(Regulation 5—Designation of the North Sea as a Special Area and Regulation 6—Exemptions)
“(1) For the purposes of this Annex the special areas are the Mediterranean Sea area, the Baltic Sea area, the Black Sea area, the Red Sea area, the ‘Gulfs area’ and the North Sea area which are defined as follows:
“(f) The North Sea area means the North Sea proper, including seas therein the boundary between:
(i) the North Sea southwards of latitude 62° N and eastwards of longitude 4° W;
(ii) the Skagerrak, the southern limit of which is determined east of the Skaw by latitude 57°44.8′N; and
(iii) the English Channel and its approaches eastwards of longitude 5°W″ and northward of latitude 48°30′N.
“(c) the accidental loss of synthetic fishing nets, provided that all reasonable precautions have been taken to prevent such loss”.
SCHEDULE 2 Section 27 FURTHER AMENDMENTS OF THE PROTECTION OF THE SEA (PREVENTION OF POLLUTION FROM SHIPS) ACT 1983
Omit everything from and including “exceeding:”, substitute “exceeding $200,000.”.
Omit everything from and including “exceeding:”, substitute “exceeding $200,000.”.
Omit “$5,000”, substitute “$50,000”.
Omit everything from and including “exceeding:”, substitute “exceeding $50,000.”.
Omit “$5,000”, substitute “$20,000”.
Omit “$5,000”, substitute “$20,000”.
Omit “$5,000”, substitute “$20,000”.
Omit everything from and including “exceeding:”, substitute “exceeding $20,000.”.
Omit “$5,000”, substitute “$20,000”.
Omit “$5,000”, substitute “$20,000”.
Omit “$10,000”, substitute “$20,000”.
Omit everything from and including “exceeding:”, substitute “exceeding $20,000.”.
Omit everything from and including “exceeding:”, substitute “exceeding $20,000.”.
Omit everything from and including “exceeding:”, substitute “exceeding $20,000.”.
Omit everything from and including “exceeding:”, substitute “exceeding $200,000.”.
Omit “$5,000”, substitute “$50,000”.
Omit everything from and including “exceeding:”, substitute “exceeding $50,000.”.
Omit “$5,000”, substitute “$20,000”.
Omit “$5,000”, substitute “$20,000”.
Omit “$5,000”, substitute “$20,000”.
Omit everything from and including “exceeding:”, substitute “exceeding $20,000.”.
Omit “$5,000”, substitute “$20,000”.
Omit “$5,000”, substitute “$20,000”.
Omit “$10,000”, substitute “$20,000”.
Omit everything from and including “exceeding:”, substitute “exceeding $20,000.”.
Omit everything from and including “exceeding:”, substitute “exceeding $20,000.”.
Omit “$5,000”, substitute “$50,000”.
Omit everything from and including “exceeding:”, substitute “exceeding $50,000.”.
Omit “$5,000”, substitute “$20,000”.
Omit “$5,000”, substitute “$20,000”.
Omit “$5,000”, substitute “$20,000”.
Omit everything from and including “exceeding:”, substitute “exceeding $200,000.”.
Omit everything from and including “exceeding:”, substitute “exceeding $200,000.”.
Omit the subsection, substitute:
“(2) A person must not, without reasonable excuse, refuse or fail to comply with a requirement made of the person by an inspector under subsection (1).
Penalty: $8,000.
“(2a) A person must not, in answering a question that the person is required to answer under subsection (1), make a statement that is false or misleading in a material particular.
Penalty: $20,000.”.
Omit “$2,000”, substitute “$8,000”.
Omit “$10,000”, substitute “$40,000”.
Omit “$5,000”, substitute “$20,000”.
Omit “$25,000”, substitute “$100,000”.
No. 78, 1990, as amended. For previous amendments, see No. 41, 1991.
2. No. 140, 1983, as amended. For previous amendments, see No. 65, 1985; No. 76, 1986; No. 100, 1987; Nos. 55, 75, 87, 99 and 122, 1988; and No. 21, 1989.
3. No. 63, 1988, as amended. For previous amendments, see No. 55, 1988; Nos. 6 and 21, 1989; No. 25, 1990; and No. 11, 1991.
4. No. 4, 1986, as amended. For previous amendments, see Nos. 35, 57, 63, 99 and 150, 1988; Nos. 6 and 21, 1989; No. 26, 1990; and No. 11, 1991.
5. No. 41, 1983, as amended. For previous amendments, see No. 72, 1984; No. 65, 1985; Nos. 81 and 167, 1986; No. 141, 1987; Nos. 57 and 99, 1988; No. 6, 1989; and Nos. 23 and 78, 1990.
[
House of Representatives on 29 May 1991
Senate on 5 June 1991
0
0
0