Transport Operations (Marine Pollution) Amendment Regulation (No. 1) 2007 (Qld)

Queensland Transport Operations (Marine Pollution) Amendment Regulation (No. 1) 2007 Subordinate Legislation 2007 No. 81 made under the TransportOperations(MarinePollution)Act1995 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Insertion of new pt 9A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Part 9A Insurance Division 1 General 50A Limits applying for Act, s 67A(2). . . . . . . . . . . . . . . . . 2 50B Copy of certificate of insurance etc. to be kept on board ................................. 3 Division 2 Exemption 50C Application for exemption under Act, s 67A(4) . . . . . . 3 5 Omission of s 51A (Insurance limit) . . . . . . . . . . . . . . . . . . . . . . . 5

s1 2 s4 Transport Operations (Marine Pollution) Amendment No. 81, 2007 Regulation (No. 1) 2007 1 Short title This regulation may be cited as the Transport Operations (Marine Pollution) Amendment Regulation (No. 1) 2007 . 2 Commencement This regulation commences on 17 May 2007. 3 Regulation amended This regulation amends the TransportOperations(MarinePollution) Regulation 1995. 4 Insertion of new pt 9A After section 50— insert— ‘Part 9A Insurance ‘Division 1 General ‘50A Limits applying for Act, s 67A(2) ‘(1) The limits for an insurance policy required under section 67A(2) of the Act are as follows— (a) for a recreational ship more than 15m but less than 35m in length— (i) for costs mentioned in section 67A(2)(a) of the Act—$250000; or (ii) for costs mentioned in section 67A(2)(b) of the Act—$10000000; (b) for a commercial ship more than 15m but less than 35m in length— (i) for costs mentioned in section 67A(2)(a) of the Act—$500000; or

s4 3 s4 Transport Operations (Marine Pollution) Amendment No. 81, 2007 Regulation (No. 1) 2007 (ii) for costs mentioned in section 67A(2)(b) of the Act—$10000000; (c) for a ship 35m or more in length—$10000000. ‘(2) In this section— commercial ship means a commercial ship as defined under the TransportOperations(MarineSafety)Act1994 , section 10A. recreational ship means a recreational ship as defined under the TransportOperations(MarineSafety)Act1994 , section 10A. ‘50B Copy of certificate of insurance etc. to be kept on board ‘(1) This section applies while a ship is in coastal waters. ‘(2) The ship’s owner must keep on board the ship a copy of— (a) the certificate of insurance for an insurance policy required under section 67A(2) of the Act for the ship; or (b) another document evidencing the currency of the insurance policy. Maximum penalty—20 penalty units. ‘Division 2 Exemption ‘50C Application for exemption under Act, s 67A(4) ‘(1) A ship’s owner who seeks an exemption for the ship under section 67A(4) of the Act must apply to the general manager for the exemption. ‘(2) The application must be in the approved form and accompanied by the following documents— (a) written information from an accredited marine surveyor confirming the seaworthiness of the ship, including current photographs of the ship;

s4 4 s4 Transport Operations (Marine Pollution) Amendment No. 81, 2007 Regulation (No. 1) 2007 (b) an appropriate risk management plan for the ship, designed to prevent or minimise the risk of the ship discharging pollutants into coastal waters; (c) written evidence of the owner’s inability to reasonably obtain or keep in force an insurance policy under section 67A(2) of the Act, including an insurer’s refusal to issue an insurance policy for the ship under that section stating why the policy was refused. Note — There is no fee for the application. ‘(3) Without limiting subsection (2)(b), the risk management plan must state the following— (a) the procedures to be followed to minimise the risk of the ship discharging pollutants into coastal waters; (b) the maintenance procedures to be followed to ensure that— (i) the ship is in good repair and proper working order; and (ii) the ship’s equipment, as far as is relevant to avoiding discharging pollutants into coastal waters, is in good repair and proper working order; (c) the action to be taken to control, mitigate or stop the discharge of a pollutant into coastal waters; (d) the procedure to be followed to ensure that all crew on board the ship are familiar with the risk management plan. ‘(4) The approved form must include a note stating that, under section 115 of the Act, discharge expenses in relation to a discharge or likely discharge of pollutant from a ship into coastal waters are payable to the State jointly and severally by the owner and the master of the ship. ‘(5) In this section— accredited marine surveyor means a marine surveyor who is accredited to survey the ship under the Transport Operations(Marine Safety) Act 1994 .’.

s5 5 s5 Transport Operations (Marine Pollution) Amendment No. 81, 2007 Regulation (No. 1) 2007 5 Omission of s 51A (Insurance limit) Section 51A— omit. ENDNOTES 1 Made by the Governor in Council on 17 May 2007. 2 Notified in the gazette on 17 May 2007. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Transport. © State of Queensland 2007