Transport Operations (Marine Pollution) Regulation 1995 (QLD)
Case
No judgment structure available for this case.
Queensland Transport Operations (Marine Pollution) Act 1995 Transport Operations (Marine Pollution) Regulation 1995 Reprinted as in force on 1 July 2008 Reprint No. 1S This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy NOT FURTHER AMENDED LAST REPRINT BEFORE REPEAL See SIA s 56A(2) and SIR s 5 sch 3
Information about this reprint This regulation is reprinted as at 1 July 2008. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Also see list of legislation for any uncommenced amendments. This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints. Spelling The spelling of certain words or phrases may be inconsistent in this reprint due to changes made in various editions of the Macquarie Dictionary. Variations of spelling will be updated in the next authorised reprint. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, authorised (that is, hard copy) and unauthorised (that is, electronic), are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If an authorised reprint is dated earlier than an unauthorised version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of an authorised reprint is the same as the date shown for an unauthorised version previously published, it merely means that the unauthorised version was published before the authorised version. Also, any revised edition of the previously published unauthorised version will have the same date as that version. Replacement reprint date If the date of an authorised reprint is the same as the date shown on another authorised reprint it means that one is the replacement of the other.
Queensland Transport Operations (Marine Pollution) Regulation 1995 Contents Part 1 Division 1 1 2 Division 2 3 Division 3 4 Division 4 5 Part 2 Division 1 Subdivision 1 6 Subdivision 2 7 8 9 10 Subdivision 3 11 12 13 Page Preliminary Introductory Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Interpretation Definitions—the dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 MARPOL MARPOL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 How ship tonnage is measured Ship tonnage measured under Tonnage Measurement Convention ..................................... 8 Oil Exemptions Preliminary Exempted discharges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Oil tankers Subdivision applies only to oil tankers . . . . . . . . . . . . . . . . . . . . . 8 Oil tankers—oil other than oil from machinery space bilges . . . . 9 Oil tankers—oil from machinery space bilges . . . . . . . . . . . . . . . 9 Oil tankers—unprocessed oily mixtures . . . . . . . . . . . . . . . . . . . . 10 Ships other than oil tankers Subdivision applies only to ships other than oil tankers . . . . . . . . 10 Ships with gross tonnage of 400 or more . . . . . . . . . . . . . . . . . . . 10 Ships with gross tonnage of 400 or more—unprocessed oily mixtures ....................................... 11
2 Transport Operations (Marine Pollution) Regulation1995 Division 2 14 Division 3 15 16 17 18 Part 3 Division 1 19 20 21 22 23 24 Division 2 25 Division 3 26 27 28 29 Division 4 30 31 32 33 34 35 36 37 Part 4 38 Shipboard emergency plan Shipboard oil pollution emergency plan . . . . . . . . . . . . . . . . . . . . Oil record book Application of division. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Oil record book must be carried on ship or retained . . . . . . . . . . Form of oil record book . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Entries in oil record book . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Noxious liquid substances in bulk Exemptions Exempted discharges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Category A substances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Category B substances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Category C substances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Category D substances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Conditions for exempted discharges . . . . . . . . . . . . . . . . . . . . . . Certain noxious liquid substances to be treated as oil Certain liquid substances to be treated as oil . . . . . . . . . . . . . . . Cargo record book Application of division. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Cargo record book must be carried on ship or retained . . . . . . . . Form of cargo record book . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Entries in cargo record book . . . . . . . . . . . . . . . . . . . . . . . . . . . . Tank washing Category A substances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Category A substances—approved washing procedure . . . . . . . Category A substances—alternative washing procedure. . . . . . . Category B and C substances . . . . . . . . . . . . . . . . . . . . . . . . . . . Category B and C substances—approved prewash procedure . . Category B and C substances—prewash procedure at another port .................................... Category D substances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Discharge from slop tank . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Packaged harmful substances Procedures for washing leakages overboard . . . . . . . . . . . . . . . . 11 12 12 13 14 15 15 16 16 17 17 18 19 19 20 20 21 21 22 23 24 24 24 25 25
3 Transport Operations (Marine Pollution) Regulation1995 Part 4A Division 1 38A 38B 38C 38D 38E 38F 38G 38H 38I 38J Division 2 38K Division 3 38L 38M 38N Part 5 39 40 41 42 43 44 Part 6 45 Part 7 46 47 Part 8 48 Sewage Managing sewage discharges Nil discharge waters for untreated sewage for Act, s 47 . . . . . . . Nil discharge waters for treated sewage for Act, s 48 . . . . . . . . . Documents to be kept onboard ship fitted with treatment system Declared ship for Act, s 49 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nil discharge waters for treated sewage or untreated sewage from a declared ship for Act, s 49. . . . . . . . . . . . . . . . . . . . . . . . . Ships to which Act, s 51 applies. . . . . . . . . . . . . . . . . . . . . . . . . . Minimum requirements for shipboard sewage management plan Levels of sewage quality characteristics for treated sewage . . . . Standard for treatment system . . . . . . . . . . . . . . . . . . . . . . . . . . . Sewage discharges in coastal waters, other than nil discharge waters ................................. Assessment and maintenance of treatment system on declared ship Assessment and maintenance of treatment system. . . . . . . . . . . Sewage disposal records Definitions for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sewage disposal record book must be carried on declared ship or retained ...................................... Entries in sewage disposal record book . . . . . . . . . . . . . . . . . . . . Garbage Exempted discharges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Garbage—floating dunnage etc. . . . . . . . . . . . . . . . . . . . . . . . . . Garbage—food wastes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Fish feeding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Garbage—other waste (but not plastics) . . . . . . . . . . . . . . . . . . . Mixture of garbage and other matter . . . . . . . . . . . . . . . . . . . . . . Transfer operations Keeping of records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Reporting requirements Notification of discharges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Report about incident . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Devolution to port authority Devolution of matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 26 26 27 28 28 28 29 30 30 30 31 31 32 33 33 33 34 34 35 35 36 37 37
4 Transport Operations (Marine Pollution) Regulation1995 Part 9 49 50 Part 9A Division 1 50A 50B Division 2 50C Part 10 51 52 53 54 55 56 Schedule 1 Schedule 2 Part 1 1 2 3 Part 2 1 2 Schedule 3 1 2 Schedule 3A Schedule 4 Schedule 5 Schedule 6 Schedule 7 Part 1 1 Samples Integrity and security of samples taken for analysis . . . . . . . . . . . Analyst’s report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insurance General Limits applying for Act, s 67A(2). . . . . . . . . . . . . . . . . . . . . . . . . . Copy of certificate of insurance etc. to be kept on board . . . . . . . Exemption Application for exemption under Act, s 67A(4) . . . . . . . . . . . . . . . General Labour costs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Authorised officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Registered office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Exemption from pt 7 of the Act. . . . . . . . . . . . . . . . . . . . . . . . . . . Where register of division 3 undertakings must be kept. . . . . . . . MARPOL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Recordable operations and events . . . . . . . . . . . . . . . . . . . . . Ships to which part 2, division 3 applies Machinery space operations . . . . . . . . . . . . . . . . . . . . . . . . . . . . Cargo or ballast operations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Recordable events . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ships to which part 3, division 3 applies Recordable operations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Recordable events . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Oil-like substances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Oil-like substances—Category C . . . . . . . . . . . . . . . . . . . . . . . . . Oil-like substances—Category D . . . . . . . . . . . . . . . . . . . . . . . . . Devolution to port authority . . . . . . . . . . . . . . . . . . . . . . . . . . . Nil discharge waters for untreated sewage . . . . . . . . . . . . . . Nil discharge waters for treated sewage . . . . . . . . . . . . . . . . . Nil discharge waters for treated sewage or untreated sewage from a declared ship . . . . . . . . . . . . . . . . . . . . . . . . . . Levels of sewage quality characteristics for treated sewage Grade A treated sewage Faecal coliforms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 38 39 40 40 41 42 42 43 43 44 45 238 238 238 239 239 240 241 241 242 243 244 246 247 251 251
5 Transport Operations (Marine Pollution) Regulation 1995 2 3 Part 2 4 5 Part 3 6 Schedule 8 Schedule 8A Part 1 1 2 3 4 Part 2 Division 1 1 2 3 4 5 Division 2 6 7 8 9 10 Division 3 11 12 13 14 15 16 Suspended solids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Biochemical oxygen demand . . . . . . . . . . . . . . . . . . . . . . . . . . . . Grade B treated sewage Faecal coliforms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Suspended solids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Grade C treated sewage Faecal coliforms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Designated areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Areas within the Great Barrier Reef Coast Marine Park that are designated areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Preliminary Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . References to latitudes and longitudes . . . . . . . . . . . . . . . . . . . . References to H.A.T., high water etc. . . . . . . . . . . . . . . . . . . . . . . References to bracketed island or reef numbers . . . . . . . . . . . . . Areas that are designated areas Areas within the Mackay/Capricorn Management Area Part of Rodds Bay Segment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Parts of Keppel Bay Segment . . . . . . . . . . . . . . . . . . . . . . . . . . . Parts of Broad Sound Segment . . . . . . . . . . . . . . . . . . . . . . . . . . Parts of Cumberland Islands Segment. . . . . . . . . . . . . . . . . . . . . Parts of Capricorn-Bunker Segment . . . . . . . . . . . . . . . . . . . . . . Areas within the Townsville/Whitsunday Management Area Parts of Whitsundays Segment . . . . . . . . . . . . . . . . . . . . . . . . . . Part of Bowling Green Bay Segment . . . . . . . . . . . . . . . . . . . . . . Parts of Halifax Bay and Magnetic Island Segment . . . . . . . . . . . Part of Hinchinbrook Segment . . . . . . . . . . . . . . . . . . . . . . . . . . . Part of Palm Islands Segment . . . . . . . . . . . . . . . . . . . . . . . . . . . Areas within the Cairns/Cooktown Management Area Parts of Mulgrave-Johnstone Segment . . . . . . . . . . . . . . . . . . . . Trinity Inlet Segment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Parts of Marlin Coast Segment . . . . . . . . . . . . . . . . . . . . . . . . . . Parts of Wonga Beach Segment . . . . . . . . . . . . . . . . . . . . . . . . . Parts of Daintree Segment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Parts of Starcke Segment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 251 251 252 252 252 253 254 254 256 256 257 258 259 262 263 265 270 273 273 274 275 276 277 278 283 287 288
6 Transport Operations (Marine Pollution) Regulation1995 Schedule 9 Schedule 10 Treatment system standards . . . . . . . . . . . . . . . . . . . . . . . . . . 295 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 297 Endnotes 1 2 3 4 5 6 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 302 302 302 303 303 306
s1 7 s4 Transport Operations (Marine Pollution) Regulation 1995 Transport Operations (Marine Pollution) Regulation 1995 [as amended by all amendments that commenced on or before 1 July 2008] Part 1 Preliminary Division 1 Introductory 1 Short title This regulation may be cited as the Transport Operations (Marine Pollution) Regulation 1995 . 2 Commencement The regulation commences on 15 November 1995. Division 2 Interpretation 3 Definitions—the dictionary (1) A dictionary in schedule 10 defines particular words used in this regulation. (2) Definitions found elsewhere in the regulation are signposted in the dictionary. Division 3 MARPOL 4 MARPOL For section 6(2) of the Act, the English text of the provisions of MARPOL is set out in schedule 1.
s5 8 s7 Transport Operations (Marine Pollution) Regulation1995 Division 4 How ship tonnage is measured 5 Ship tonnage measured under Tonnage Measurement Convention For this regulation, the tonnage of a ship is the tonnage decided under the Tonnage Measurement Convention. Part 2 Oil Division 1 Exemptions Subdivision 1 Preliminary 6 Exempted discharges For section 29 1 of the Act, this division sets out when sections 26 and 27 2 of the Act do not apply to a discharge. Subdivision 2 Oil tankers 7 Subdivision applies only to oil tankers This subdivision applies only to oil tankers. 1 Section 29 (Certain discharges permissible) of the Act 2 Sections 26 (Discharge of oil into coastal waters prohibited) and 27 (Oil residues) of the Act
s8 9 s9 Transport Operations (Marine Pollution) Regulation 1995 8 Oil tankers—oil other than oil from machinery space bilges (1) A discharge from an oil tanker of oil (other than oil mentioned in section 9) may be made if the following conditions 3 are satisfied— (a) the tanker is more than 50n miles from the nearest land; (b) the tanker is proceeding en route; (c) the instantaneous rate of discharge of oil content is not more than 30 litres per n mile; (d) the total quantity of oil discharged into coastal waters is not more than— (i) for an existing oil tanker 4 —1 part in 15000 parts of the total quantity of the cargo of oil of which oil discharged formed a part; or (ii) for a new oil tanker 5 —1 part in 30000 parts of the total quantity of the cargo of oil of which oil discharged formed a part; (e) the tanker has in operation a prescribed oil discharge monitoring and control system and a prescribed slop tank arrangement. (2) In this section— prescribed means prescribed under regulations made under the Commonwealth Navigation Act, section 267A. 9 Oil tankers—oil from machinery space bilges (1) A discharge from an oil tanker of oil from its machinery space bilges (other than its cargo pump room bilges) may be made if the following conditions 6 are satisfied— (a) the oil does not include oil cargo residue; 3 MARPOL Annex I, chapter II, regulation 9(1)(a) 4 “existing oil tanker”, see MARPOL Annex I, chapter I, regulation 1(27) 5 “new oil tanker”, see MARPOL Annex I, chapter I, regulation 1(26) 6 MARPOL Annex I, chapter II, regulation 9(1)(b)
s 10 10 s 12 Transport Operations (Marine Pollution) Regulation 1995 (b) the tanker is proceeding en route; (c) the oil content of the effluent is less than 15 parts in 1000000 parts; (d) the tanker has in operation the prescribed oily-water separating equipment. (2) In this section— prescribed means prescribed under regulations made under the Commonwealth Navigation Act, section 267A. 10 Oil tankers—unprocessed oily mixtures A discharge from an oil tanker of an unprocessed oily mixture (other than an oily mixture originating from its cargo pump room bilges) may be made if the following conditions 7 are satisfied— (a) the mixture does not include oil cargo residue; (b) the oil content of the mixture without dilution is not more than 15 parts in 1000000 parts. Subdivision 3 Ships other than oil tankers 11 Subdivision applies only to ships other than oil tankers This subdivision applies only to ships other than oil tankers. 12 Ships with gross tonnage of 400 or more A discharge of oil from a ship with a gross tonnage of 400 or more may be made if the following conditions 8 are satisfied— (a) the ship is proceeding en route; (b) the oil content of the effluent is less than 15 parts in 1000000 parts; 7 MARPOL Annex I, chapter II, regulation 9(4) 8 MARPOL Annex I, chapter II, regulation 9(1)(b)
s 13 11 s 14 Transport Operations (Marine Pollution) Regulation 1995 (c) the ship has in operation equipment required under Annex I, regulation 16. 13 Ships with gross tonnage of 400 or more—unprocessed oily mixtures A discharge from a ship with a gross tonnage of 400 or more of an unprocessed oily mixture may be made if the oil content of the mixture without dilution is not more than 15 parts in 1000000 parts. 9 Division 2 Shipboard emergency plan 14 Shipboard oil pollution emergency plan (1) A ship’s shipboard oil pollution emergency plan 10 must be in the approved form and include the following particulars— (a) the procedure to be followed by the ship’s master, or someone else having charge of the ship, in notifying an incident involving the ship if a discharge of oil happens; 11 (b) a list of the authorities or persons to be notified by persons on the ship if the incident happens; (c) a detailed description of the action to be taken, immediately after the incident, by persons on board the ship to reduce or control any discharge of oil from the ship resulting from the incident; (d) the procedures to be followed for coordinating with authorities or persons that have been contacted and the name of the person on board the ship through whom all communications are to be made. 9 MARPOL Annex I, chapter II, regulation 9(4) 10 Failure to have a shipboard oil pollution emergency plan on board the ship is a contravention of section 30 of the Act, and may render the ship’s owner and master each liable to a maximum penalty of 850 penalty units. 11 See part 7 (Reporting requirements) for things that the procedure must include.
s 15 12 s 16 Transport Operations (Marine Pollution) Regulation 1995 (2) The ship’s owner must submit the plan and an approval fee of $60.30 to the general manager for approval. (3) The general manager may approve the plan or refuse to approve it. (4) If the general manager refuses to approve the plan, the general manager must advise the ship’s owner of the general manager’s reasons for refusing to approve it. Division 3 Oil record book 15 Application of division (1) This division applies to a ship that— (a) is an oil tanker with a gross tonnage of 150 or more; or (b) if it is not an oil tanker— (i) has a gross tonnage of 400 or more; or (ii) has a gross tonnage of 150 or more and carries oil in a portable tank with a capacity of 400 litres or more. (2) In this section— ship means— (a) a trading ship proceeding on an intrastate voyage; or (b) an Australian fishing vessel proceeding on a voyage other than an overseas voyage; or (c) a pleasure vessel. 16 Oil record book must be carried on ship or retained (1) A ship must carry a current oil record book that is readily available for inspection at all reasonable times. 12 (2) If a ship does not carry a current oil record book, the ship’s master and owner each commit an offence. 12 MARPOL Annex I, chapter II, regulation 20
s 17 13 s 17 Transport Operations (Marine Pollution) Regulation 1995 Maximum penalty—350 penalty units. (3) Also, the ship’s master and owner must ensure any previous oil record book for the ship— (a) is kept on the ship for 1 year from the day when the last entry was made in the book; and (b) is readily available for inspection at all reasonable times. Maximum penalty—350 penalty units. (4) After the 1 year period— (a) for a ship’s owner who has a registered office—the owner must ensure the oil record book— (i) is kept on the ship or at the registered office for a further 2 years; and (ii) is readily available for inspection at all reasonable times; or (b) for a ship’s owner who does not have a registered office—the owner must ensure the oil record book— (i) is kept on the ship or deposited with the general manager for a further 2 years; and (ii) is readily available for inspection at all reasonable times. Maximum penalty—350 penalty units. (5) If a ship’s owner deposits an oil record book with the general manager, the book is taken to be readily available for inspection at all reasonable times. 17 Form of oil record book An oil record book must contain the particulars set out in schedule 1, Annex I, Appendix III and must make provision for a signature for each entry made in it and for each page of it.
s 18 14 s 18 Transport Operations (Marine Pollution) Regulation 1995 18 Entries in oil record book (1) If a recordable operation or event is carried out or happens in or in relation to a ship, the ship’s master must immediately make an appropriate entry about the operation or event in the ship’s oil record book. Maximum penalty—350 penalty units. (2) An entry in a ship’s oil record book must be— (a) made in the English language; and (b) signed by— (i) for a recordable operation—the officer or other person in charge of the operation; and (ii) for a recordable event—the person in control of the ship. Maximum penalty—350 penalty units. (3) When a page of a ship’s oil record book is completed, the ship’s master must sign the page without delay. Maximum penalty—350 penalty units. (4) In this section— recordable operation or event means an operation or event mentioned in schedule 2, part 1.
s 19 15 s 20 Transport Operations (Marine Pollution) Regulation1995 Part 3 Noxious liquid substances in bulk Division 1 Exemptions 19 Exempted discharges This division sets out, as allowed by section 37 13 of the Act, when section 35 14 of the Act does not apply to a discharge. 20 Category A substances A discharge of water containing residue mentioned in paragraph (c) may be made if— (a) a ship’s tank that held a Category A substance or a mixture containing a Category A substance has been washed under section 30; 15 and (b) the resulting residues in the tank have been discharged to a reception facility until— (i) the concentration of the Category A substance in the effluent to the facility is at or below the residual concentration provided for the substance under Annex II, Appendix II; and (ii) the tank is empty; and (c) the residue remaining in the tank has been subsequently diluted by the addition of a volume of water; and (d) the conditions specified in section 24 are complied with. 13 Section 37 (Certain discharges permissible) of the Act 14 Section 35 (Discharge of noxious liquid substances into coastal waters prohibited) of the Act 15 Section 30 (Category A substances)
s 21 16 s 22 Transport Operations (Marine Pollution) Regulation 1995 21 Category B substances A discharge of a Category B substance or a mixture containing a Category B substance, other than a mixture also containing a Category A substance, may be made if— (a) an authorised officer 16 has approved procedures and arrangements for the discharge that ensure the concentration and rate of discharge of the Category B substance in the effluent in the wake astern of the ship is not more than 1 part in 1000000 parts; and (b) the maximum quantity of cargo discharged from each tank of the ship (including the associated piping system of the tank) is not more than— (i) the maximum quantity (not more than 1m 3 ) specified in the procedures mentioned in paragraph (a); or (ii) one-three thousandth of the tank capacity in m 3 ; whichever is the greater; and (c) the conditions specified in section 24 are complied with. 22 Category C substances A discharge from a ship of a Category C substance or a mixture containing a Category C substance, other than a mixture also containing a Category A or B substance, may be made if— (a) an authorised officer has approved procedures and arrangements for the discharge that ensure the concentration and rate of discharge of the Category C substance in the effluent in the wake astern of the ship is not more than 10 parts in 1000000 parts; and (b) the maximum quantity of cargo discharged from each tank of the ship (including the associated piping system of the tank) is not more than— 16 For this part, the definition authorised officer under the Act is extended (see the dictionary).
s 23 17 s 24 Transport Operations (Marine Pollution) Regulation 1995 (i) the maximum quantity (not more than 3m 3 ) specified in the procedures mentioned in paragraph (a); or (ii) one-one thousandth of the tank capacity in m 3 ; whichever is the greater; and (c) the conditions specified in section 24 are complied with. 17 23 Category D substances A discharge from a ship of a Category D substance or a mixture containing a Category D substance, but not a mixture also containing a Category A, B or C substance, may be made if— (a) the substance or mixture has been mixed with water so that the concentration of Category D substance in the effluent does not exceed 1 part in 10 parts; and (b) the discharge happens when the ship is at least 12n miles from the nearest land; and (c) the condition specified in section 24(a) is complied with. 18 24 Conditions for exempted discharges The conditions 19 are— (a) the discharge is made when the ship is proceeding en route at a speed of— (i) if the ship is self-propelled—at least 7kn; or (ii) if the ship is not self-propelled—at least 4kn; and (b) the discharge is made below the water line of the ship taking into account the location of the sea-water intakes; and 17 MARPOL Annex II, regulation 5(3) 18 MARPOL Annex II, regulation 5(4) 19 MARPOL Annex II, regulation 5
s 25 18 s 25 Transport Operations (Marine Pollution) Regulation 1995 (c) the discharge is made when the ship is at least 12n miles from the nearest land and in water at least 25m deep. Division 2 Certain noxious liquid substances to be treated as oil 25 Certain liquid substances to be treated as oil (1) For section 38 20 of the Act, the prescribed oil-like substances that may be carried on an oil tanker are the substances specified in schedule 3. (2) For section 38 of the Act, the prescribed conditions are— (a) the oil tanker complies with the provisions of Annex I applying to product carriers within the meaning of Annex I; and (b) if the oil tanker is required under the Commonwealth Navigation Act to carry an appropriate certificate—the oil tanker carries the certificate; and (c) the prescribed substance is a substance the oil tanker is permitted to carry under the certificate; and (d) for a Category C substance—the tanker complies with the ship type 3 damage stability requirements of— (i) for a tanker constructed on or after 1 July 1986—the International Bulk Chemical Code; or (ii) for a tanker constructed before 1 July 1986—the Bulk Chemical Code applicable under Annex II, regulation 13; and (e) the oil content meter in the oil discharge monitoring and control system of the tanker has been approved by an authorised officer for use in monitoring the oil-like substances to be carried. 20 Section 38 (Certain noxious liquid substances to be treated as oil) of the Act
s 26 19 s 27 Transport Operations (Marine Pollution) Regulation1995 Division 3 Cargo record book 26 Application of division This division applies to a trading ship— (a) carrying liquid substances in bulk; and (b) proceeding on an intrastate voyage. 27 Cargo record book must be carried on ship or retained (1) A ship must carry a current cargo record book that is readily available for inspection at all reasonable times. 21 (2) If a ship does not carry a current cargo record book, the ship’s master and owner each commit an offence. Maximum penalty—350 penalty units. (3) Also, the ship’s master and owner must ensure any previous cargo record book for the ship— (a) is kept on the ship for 1 year from the day when the last entry was made in the book; and (b) is readily available for inspection at all reasonable times. Maximum penalty—350 penalty units. (4) After the 1 year period— (a) for a ship’s owner who has a registered office—the owner must ensure the cargo record book— (i) is kept on the ship or at the registered office for a further 2 years; and (ii) is readily available for inspection at all reasonable times; or (b) for a ship’s owner who does not have a registered office—the owner must ensure the cargo record book— (i) is kept on the ship or deposited with the general manager for a further 2 years; and 21 MARPOL Annex II, regulation 9
s 28 20 s 29 Transport Operations (Marine Pollution) Regulation 1995 (ii) is readily available for inspection at all reasonable times. Maximum penalty—350 penalty units. (5) If a ship’s owner deposits a cargo record book with the general manager, the book is taken to be readily available for inspection at all reasonable times. 28 Form of cargo record book A cargo record book must contain the particulars set out in schedule 1, Annex II, Appendix IV and must make provision for a signature for each entry made in it and for each page of it. 29 Entries in cargo record book (1) If a recordable operation or event is carried out or happens in or in relation to a ship, the ship’s master must immediately make an appropriate entry in the ship’s cargo record book. Maximum penalty—350 penalty units. (2) An entry in a ship’s cargo record book must be— (a) made in the English language; and (b) signed by— (i) for a recordable operation—the officer or other person in charge of the operation; and (ii) for a recordable event—the person in control of the ship. Maximum penalty—350 penalty units. (3) When a page of a ship’s cargo record book is completed, the master of the ship must sign the page without delay. Maximum penalty—350 penalty units. (4) In this section— recordable operation or event means an operation or event mentioned in schedule 2, part 2.
s 30 21 s 31 Transport Operations (Marine Pollution) Regulation1995 Division 4 Tank washing 30 Category A substances (1) For Category A substances, a tank that has been unloaded must, before the ship leaves the port of unloading, be washed in accordance with the procedure stated in section 31. (2) However, if the ship’s master asks, the general manager may exempt the ship from subsection (1) if the general manager is satisfied— (a) the tank unloaded is to be reloaded with the same substance or another substance compatible with the substance unloaded and the tank will not be washed or ballasted before loading; or (b) the tank unloaded is not to be washed or ballasted at sea and an alternative washing procedure allowed under section 32 will be carried out at another port; or (c) the cargo residues will be removed by a ventilation procedure approved by the general manager and based on standards developed by IMO. 22 (3) For subsection (2)(b), the general manager is taken to be satisfied that an alternative washing procedure will be carried out at another port if the ship’s master— (a) undertakes, in writing, to have the procedure carried out at the other port; and (b) provides written confirmation from an officer or employee of the other port that the port has a reception facility available and adequate for the purpose. 23 31 Category A substances—approved washing procedure (1) For section 30(1), the tank must be washed under the supervision of an authorised officer. 22 IMO stands for International Maritime Organization (see the dictionary to the Act). 23 MARPOL Annex II, regulation 8(2) to (4)
s 32 22 s 32 Transport Operations (Marine Pollution) Regulation 1995 (2) The effluent from the tank washing must be discharged to a reception facility until the concentration of the substance in the discharge, as indicated by analyses of samples of the effluent taken by the authorised officer, has fallen to the residual concentration provided for the substance under Annex II, Appendix II. (3) When the required residual concentration is achieved, remaining tank washings must continue to be discharged to the reception facility until the tank is empty. (4) The authorised officer must sign the entry in the cargo record book recording the carrying out of the procedure. 24 32 Category A substances—alternative washing procedure If the general manager is satisfied it is impracticable to measure the concentration of the substance in the effluent without causing undue delay to the ship, the general manager may accept an alternative procedure 25 proposed by the ship’s master as being equivalent to the approved procedure under section 31 if— (a) the tank is prewashed in accordance with a procedure approved by the general manager and based on standards developed by IMO; and (b) an authorised officer certifies in the cargo record book that— (i) the tank, its pump and piping systems have been emptied; and (ii) the prewash has been carried out in accordance with the prewash procedure approved by the general manager for the tank and substance; and (iii) the tank washings resulting from the prewash have been discharged to a reception facility and the tank is empty. 24 MARPOL Annex II, regulation 8(3) 25 MARPOL Annex II, regulation 8(4)
s 33 23 s 33 Transport Operations (Marine Pollution) Regulation 1995 33 Category B and C substances (1) For Category B and C substances, a tank that has been unloaded must, before the ship leaves the port of unloading, be prewashed in accordance with the procedure stated in section 34— (a) if the substance unloaded is identified in the standards developed by IMO 26 as resulting in a residue quantity more than the maximum quantity for the substance that may be discharged into the sea under section 21 or 22; 27 or (b) if the unloading is not carried out in accordance with the pumping conditions for the tank approved by the general manager—unless an authorised officer is satisfied alternative measures are taken to remove the cargo residues from the ship. (2) For subsection (1)(b)— (a) the pumping conditions approved by the general manager must be based on standards developed by IMO under Annex II, regulation 5A(5); and (b) the authorised officer is taken to be satisfied cargo residues have been removed if the residues are reduced to quantities stated in Annex II, regulation 5A for the substance. (3) However, if the ship’s master asks, the general manager may exempt the ship from the requirements of subsection (1) if the general manager is satisfied— (a) the tank unloaded is to be reloaded with the same substance or another substance compatible with the substance unloaded and the tank will not be washed or ballasted before loading; or (b) the tank unloaded is not to be washed or ballasted at sea and a prewashing procedure allowed under section 35 will be carried out at another port; or 26 The standards may be found in the book ‘MARPOL 73/78 Consolidated Edition, 1991’ published by the International Maritime Organization. 27 Section 21 (Category B substances) or 22 (Category C substances)
s 34 24 s 36 Transport Operations (Marine Pollution) Regulation 1995 (c) the cargo residues will be removed by a ventilation procedure approved by the general manager and based on standards developed by IMO. 28 34 Category B and C substances—approved prewash procedure For section 33(1), the prewash procedure used must be approved by the general manager and based on standards developed by IMO and the resulting tank washings must be discharged to a reception facility at the port of unloading. 35 Category B and C substances—prewash procedure at another port For section 33(3)(b), the general manager is taken to be satisfied that an approved prewash procedure will be carried out at another port if the ship’s master— (a) undertakes, in writing, to have the procedure carried out at the other port; and (b) provides written confirmation from an officer or employee of the other port that the port has a reception facility available and adequate for the purpose. 29 36 Category D substances For Category D substances— (a) a tank that has been unloaded must, before the ship leaves the port of unloading, be washed and the resulting tank washings discharged to a reception facility; or (b) the remaining residues in the tank must be diluted and discharged into the sea under section 23. 30 28 MARPOL Annex II, regulation 8(5) 29 MARPOL Annex II, regulation 8(5)(b)(ii) 30 Section 23 (Category D substances). See also MARPOL Annex II, regulation 8(8).
s 37 25 s 38 Transport Operations (Marine Pollution) Regulation 1995 37 Discharge from slop tank Any residues retained on board in a slop tank, including residues from cargo pump-room bilges, that contain a Category A substance must be discharged to a reception facility in accordance with the provisions of Annex II, regulation 5(1), (7) or (8). 31 Part 4 Packaged harmful substances 38 Procedures for washing leakages overboard (1) For section 43(b) 32 of the Act, the procedures prescribed are the appropriate procedures provided under the IMDG Code. (2) In deciding what procedures are appropriate, regard must be had to the physical, chemical and biological properties of the leaked substance. (3) Also, a person who authorises the washing of leakages overboard must reasonably believe that the washing overboard is the most appropriate way of disposing of the leaked substance having regard to— (a) any information about the substance contained in the IMDG Code; and (b) the circumstances under which the leakage happened. 31 MARPOL Annex II, regulation 5 (Discharge of noxious liquid substances) 32 Section 43 (Defences to discharge offence) of the Act. See also MARPOL Annex III, regulation 7.
s 38A 26 Transport Operations (Marine Pollution) Regulation1995 s 38C Part 4A Sewage Division 1 Managing sewage discharges 38A Nil discharge waters for untreated sewage for Act, s 47 (1) For section 47 33 of the Act, the nil discharge waters for untreated sewage are— (a) from 1 January 2004 to 30 June 2004—the coastal waters stated in schedule 4, part 1; and (b) from 1 July 2004 to 31 December 2009—the coastal waters stated in schedule 4, part 2; and (c) from 1 January 2010—the coastal waters stated in schedule 4, part 3. (2) Unless otherwise stated in schedule 4, subsection (1) applies to all ships, other than a declared ship. 38B Nil discharge waters for treated sewage for Act, s 48 (1) For section 48 34 of the Act, the nil discharge waters for treated sewage are— (a) from 1 January 2004 to 30 June 2004—the coastal waters stated in schedule 5, part 1; and (b) from 1 July 2004—the coastal waters stated in schedule 5, part 2. (2) Subsection (1) applies to all ships, other than a declared ship. 38C Documents to be kept onboard ship fitted with treatment system (1) This section applies if a ship— 33 Section 47 (Discharge of untreated sewage into nil discharge waters for untreated sewage prohibited) of the Act 34 Section 48 (Discharge of treated sewage into nil discharge waters for treated sewage prohibited) of the Act
s 38D 27 Transport Operations (Marine Pollution) Regulation1995 s 38D (a) is operating in coastal waters; and (b) is fitted with a treatment system. (2) The owner or master of the ship must, when operating the ship, ensure the system documentation and the system service manual for the treatment system are kept onboard the ship. (3) If the ship is a declared ship, the owner or master of the ship must— (a) keep written service records for the treatment system; and (b) when operating the ship, ensure the service records are kept onboard the ship. (4) In this section— service records means the following particulars for an assessment of, or maintenance to, a treatment system required under section 38K— (a) for an assessment of a treatment system’s performance— (i) the name of the independent testing entity that conducted the assessment; and (ii) the date and results of the assessment; (b) for maintenance of a treatment system— (i) the name of the authorised service provider that conducted the maintenance; and (ii) the date the maintenance was carried out and any significant maintenance required to the system. 38D Declared ship for Act, s 49 A ship is a ship to which section 49 35 of the Act applies if— (a) the ship is fitted with a toilet or sewage holding device; and 35 Section 49 (Declared ship operating in prescribed nil discharge waters to be fitted with sewage holding device) of the Act
s 38E 28 Transport Operations (Marine Pollution) Regulation1995 s 38G (b) under the Transport Operations (Marine Safety) Regulation 2004 , the ship is a class 1B, 1C, 1D, 1E or 1F ship. 38E Nil discharge waters for treated sewage or untreated sewage from a declared ship for Act, s 49 (1) For section 49 of the Act, the nil discharge waters for treated sewage or untreated sewage from a declared ship are— (a) from 1 January 2004 to 30 June 2004—the coastal waters stated in schedule 6, part 1; and (b) from 1 July 2004 to 30 June 2005—the coastal waters stated in schedule 6, part 2; and (c) from 1 July 2005 to 31 December 2009—the coastal waters stated in schedule 6, part 3; and (d) from 1 January 2010—the coastal waters stated in schedule 6, part 4. (2) Unless otherwise stated in schedule 6, subsection (1) applies to all declared ships. 38F Ships to which Act, s 51 applies The Act, section 51, 36 applies to a ship that— (a) is fitted with a toilet or sewage holding device; and (b) under the Transport Operations (Marine Safety) Regulation 2004 , is a class 1B, 1C, 1D, 1E or 1F ship. 38G Minimum requirements for shipboard sewage management plan For section 51 of the Act, the minimum requirements for a shipboard sewage management plan for a ship to which that section applies are— (a) the plan must be written; and 36 The Act, section 51 (Shipboard sewage management plan)
s 38H 29 Transport Operations (Marine Pollution) Regulation1995 s 38H (b) the plan must state the following particulars— (i) the name, registration number and class of the ship; (ii) the size and type of the ship; (iii) the way the plan provides for the management of shipboard sewage and prevents the unlawful discharge of sewage from the ship; (iv) the equipment the ship is fitted with for holding or treating sewage; (v) the waters, if any, where the ship may lawfully discharge sewage; (vi) how the equipment is operated to prevent the unlawful discharge of sewage into the waters where the ship is operating; (vii) the operating and maintenance instructions for the equipment; (viii) the way the equipment is maintained and checked to ensure the equipment is in proper working order. 38H Levels of sewage quality characteristics for treated sewage (1) The levels of sewage quality characteristics in sewage to be treated sewage under the Act, dictionary treated sewage are in schedule 7. 37 (2) For treated sewage to be classified as grade A treated sewage ( grade A treated sewage ), the levels are stated in schedule 7, part 1. (3) For treated sewage to be classified as grade B treated sewage ( grade B treated sewage ), the levels are stated in schedule 7, part 2. (4) For treated sewage to be classified as grade C treated sewage ( grade C treated sewage ), the levels are stated in schedule 7, part 3. 37 See section 4 (Definitions—the dictionary) of the Act.
s 38I 30 Transport Operations (Marine Pollution) Regulation1995 s 38K 38I Standard for treatment system For the definition treatment system in the dictionary in the schedule to the Act, the standard with which a treatment system must, at least, conform is stated in schedule 9. 38J Sewage discharges in coastal waters, other than nil discharge waters (1) This section applies if a ship is operating in coastal waters, other than the nil discharge waters for sections 47 to 49 of the Act. 38 (2) The master of the ship must not discharge, or allow any one else on the ship to discharge, sewage from a toilet fixed permanently on board the ship into the waters unless— (a) the sewage first passes through a macerator; and (b) the macerator effectively reduces, for example by grinding, shredding or pulping, solid wastes in the sewage into, at least, a fine slurry. Maximum penalty—350 penalty units. Division 2 Assessment and maintenance of treatment system on declared ship 38K Assessment and maintenance of treatment system (1) This section applies to a declared ship that— (a) is operating in coastal waters; and (b) is fitted with a treatment system. (2) The owner or master of the ship must ensure the treatment system— (a) is assessed by an independent testing entity to assess if it is operating at not less than the performance specifications mentioned in schedule 9, item 1(a) at the 38 For the nil discharge waters, see schedules 4, 5 and 6.
s 38L 31 Transport Operations (Marine Pollution) Regulation1995 s 38M following intervals after the system is fitted to the ship— (i) at least annually for the first 2 years; (ii) afterwards, at least every 2 years; and (b) is maintained, at least, at the intervals and in the way required by the system service manual. Maximum penalty—350 penalty units. Division 3 Sewage disposal records 38L Definitions for div 3 In this division— disposal facility means a facility for holding or receiving sewage for disposal. 38M Sewage disposal record book must be carried on declared ship or retained (1) A declared ship must carry a current sewage disposal record book that is readily available for inspection at all reasonable times. (2) If a declared ship does not carry a current sewage disposal record book as required by subsection (1), the ship’s master and owner each commit an offence. Maximum penalty—350 penalty units. (3) Also, the declared ship’s master and owner must ensure any previous sewage disposal record book for the declared ship— (a) is kept on the declared ship for 1 year from the day the last entry was made in the book; and (b) while kept as required under paragraph (a), is readily available for inspection at all reasonable times. Maximum penalty—350 penalty units. (4) After the 1 year period—
s 38N 32 Transport Operations (Marine Pollution) Regulation1995 s 38N (a) for a declared ship’s owner who has a registered office—the owner must ensure the previous sewage disposal record book— (i) is kept on the declared ship or at the registered office for a further 2 years; and (ii) while kept as required under subparagraph (i), is readily available for inspection at all reasonable times; or (b) for a declared ship’s owner who does not have a registered office—the owner must ensure the previous sewage disposal record book— (i) is kept on the declared ship for a further 2 years or deposited with the general manager; and (ii) if kept on the declared ship under subparagraph (i), is readily available for inspection at all reasonable times. Maximum penalty—350 penalty units. 38N Entries in sewage disposal record book (1) If sewage in a declared ship’s sewage holding device is discharged into a disposal facility, the declared ship’s master or other person in control of the discharge must immediately make an entry about the discharge in the declared ship’s sewage disposal record book. Maximum penalty—350 penalty units. (2) The entry must— (a) state the date, time, place and volume, in litres, of each discharge and (b) be made in the English language; and (c) be signed by the master or other person in control of the discharge.
s 39 33 s 41 Transport Operations (Marine Pollution) Regulation 1995 (3) When a page of a declared ship’s sewage disposal record book is completed, the declared ship’s master must sign the page without delay. Maximum penalty—350 penalty units. Part 5 Garbage 39 Exempted discharges This part sets out, as allowed by section 57 of the Act, when section 55 39 of the Act does not apply to a disposal. 40 Garbage—floating dunnage etc. A disposal of garbage, other than plastics, 40 that is dunnage, lining or packing materials that will float may be made if the disposal happens when the ship— (a) is as far as practicable, and at least 25n miles, from the nearest land; and (b) is not alongside, or within 500m of, a fixed or floating platform engaged in the exploration, exploitation and associated offshore processing of seabed mineral resources. 41 41 Garbage—food wastes The disposal of garbage that is food wastes may be made if the disposal happens when— 39 Section 57 (Certain disposals permissible) of the Act Section 55 (Disposal of garbage into coastal waters prohibited) of the Act 40 Under MARPOL (and the Act), the disposal of synthetic ropes, synthetic fishing nets and plastic garbage bags is prohibited. See MARPOL Annex V regulation 3(1)(a) and section 55 of the Act. 41 MARPOL Annex V, regulations 3(1)(b)(i) and 4(1)
s 42 34 s 43 Transport Operations (Marine Pollution) Regulation 1995 (a) the ship is as far as practicable, and at least 12n miles, from the nearest land and is not alongside, or within 500m of, a platform of a kind mentioned in section 40(b); or (b) the garbage is passed through a comminuter or grinder so that it is capable of passing through a screen with no opening greater than 25mm—the disposal happens when the ship is as far as practicable, and at least 3n miles, from the nearest land. 42 42 Fish feeding Also, a disposal of small quantities of garbage that is food waste may be made for the specific purpose of feeding fish for fishing or tourist operations. 43 43 Garbage—other waste (but not plastics) The disposal of garbage, other than plastics and garbage mentioned in section 40 or 41, may be made if the disposal happens when— (a) the ship is as far as practicable from the nearest land; and (b) unless paragraph (c) applies, the ship is at least 12n miles from the nearest land; and (c) the garbage is passed through a comminuter or grinder so that it is capable of passing through a screen with no opening greater than 25mm—the ship is at least 3n miles from the nearest land; and (d) the ship is not alongside, or within 500m of, a platform of a kind mentioned in section 40(b). 44 42 MARPOL Annex V, regulations 3(1)(b)(ii) and (c) and 4(1) and (2) 43 MARPOL Annex V, guideline 1.8.5. The guideline is not reproduced in schedule 1. However, the guideline states—‘The release of small quantities of food wastes for the specific purpose of fish feeding in connection with fishing or tourist operations is not included as garbage in the context of Annex V.’ 44 MARPOL Annex V, regulations 3(1)(b)(ii) and (c) and 4(1)
s 44 35 s 45 Transport Operations (Marine Pollution) Regulation 1995 44 Mixture of garbage and other matter (1) This section applies if the garbage is mixed with matter (the contaminant ) the discharge or jettisoning of which from a ship into coastal waters is prohibited under part 4, 5 or 6 45 of the Act. (2) Despite sections 40 to 43, the garbage may be disposed of only in accordance with conditions under which disposal of the contaminant is allowed under this regulation. 46 Part 6 Transfer operations 45 Keeping of records For section 65(2) 47 of the Act, the records that a person must keep are— (a) for a transfer operation involving oil—an oil record book; 48 and (b) for a transfer operation involving a noxious liquid substance—a cargo record book. 49 45 Part 4 (Prevention of pollution by oil), 5 (Prevention of pollution by noxious liquid substances in bulk) or 6 (Prevention of pollution by packaged harmful substances) of the Act 46 MARPOL Annex V, regulation 3(2) 47 Section 65 (Keeping of records about transfer etc.) of the Act 48 See also section 18 (Entries in oil record book) and schedule 2 (Recordable operations and events), part 1 (Ships to which part 2, division 3 applies). 49 See also section 29 (Entries in cargo record book) and schedule 2 (Recordable operations and events), part 2 (Ships to which part 3, division 3 applies).
s 46 36 s 46 Transport Operations (Marine Pollution) Regulation1995 Part 7 Reporting requirements 46 Notification of discharges (1) This section applies to reportable incidents under section 67 50 of the Act. (2) A ship’s owner or master or the owner’s agent must notify a reportable incident in 1 of the following ways— • telephone • fax • telex • radio • urgent telegram. (3) The reportable incident may be notified to an authorised officer by communicating the incident to a person at any of the following centres— (a) Hay Point Marine Operations Centre (Reefcentre), Maritime Safety Agency of Queensland; (b) Maritime Safety Agency of Queensland at Goldcoast; (c) Maritime Safety Agency of Queensland at Brisbane; (d) Maritime Safety Agency of Queensland at Gladstone; (e) Maritime Safety Agency of Queensland at Mackay; (f) Maritime Safety Agency of Queensland at Townsville; (g) Maritime Safety Agency of Queensland at Cairns; (h) Marine Rescue Coordination Centre, Australian Maritime Safety Authority, Canberra. (4) The notification message must commence with the code word ‘POLREP’ and must contain the following information— (a) the name and call sign (if any) of the ship and its flag of registry; 50 Section 67 (Duty to report certain incidents) of the Act
s 47 37 s 48 Transport Operations (Marine Pollution) Regulation 1995 (b) the day and time of the incident; (c) the ship’s position when the incident happened and at the time of reporting; (d) the course and speed of the ship; (e) whether the ship has been damaged and, if so, the extent of the damage; (f) the type and extent of the discharge, including the type of oil or the correct technical name of the noxious liquid substance or packaged harmful substance; (g) prevailing weather conditions; (h) the size and type of ship. 47 Report about incident (1) For section 67(5) 51 of the Act, the prescribed time for giving a report to an authorised officer is 24 hours. (2) However, an authorised officer may extend the time allowed for giving the report. Part 8 Devolution to port authority 48 Devolution of matters (1) For section 129 of the Act, the administration and enforcement of the following matters within the port limits of a port specified in schedule 3A are devolved to the port authority for the port— (a) the investigation of discharges prohibited by the Act; (b) the monitoring of compliance with the Act; (c) the monitoring of transfer operations; 51 Section 67 (Duty to report certain incidents) of the Act
s 49 38 s 50 Transport Operations (Marine Pollution) Regulation 1995 (d) the examination of ships using coastal waters to minimise discharges; (e) the taking of action to remove a pollutant discharged into coastal waters or mitigate its effect on Queensland’s marine and coastal environment. (2) For subsection (1)(e), the taking of action to mitigate the effect of a discharged pollutant on Queensland’s marine and coastal environment includes— (a) treating animals and plants affected by a discharge of pollutant; and (b) rehabilitating or restoring Queensland’s marine and coastal environment. Part 9 Samples 49 Integrity and security of samples taken for analysis (1) If an authorised officer takes a sample of a pollutant, substance or thing, the officer must ensure the sample is delivered to an analyst for analysis as soon as practicable after it is taken. (2) The sample must be delivered by the officer or a courier, unless it is impracticable to do so. (3) A record in the approved form must be made for each person in possession of the sample from the time it is taken until the time it is delivered to the analyst. 50 Analyst’s report As soon as practicable after receiving the sample, the analyst must make a report stating the following matters— (a) when and from whom the substance was received; (b) the way in which, or the means by which, the sample was identified when received;
s 50A 39 Transport Operations (Marine Pollution) Regulation1995 s 50A (c) a description of the container (if any) the sample was in when received. 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 (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.
s 50B 40 Transport Operations (Marine Pollution) Regulation1995 s 50C 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; (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—
s 51 41 s 51 Transport Operations (Marine Pollution) Regulation 1995 (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 . Part 10 General 51 Labour costs The cost of labour used for a purpose connected with a discharge of pollutant is— (a) for an officer of the public service—133% of the officer’s gross salary for the time the officer devotes to the purpose; and
s 52 42 s 53 Transport Operations (Marine Pollution) Regulation 1995 (b) for someone else—the cost charged to the Maritime Safety Agency of Queensland for the person. 52 Authorised officers For section 72(1)(c) 52 of the Act, the following persons are prescribed— (a) an officer or employee of the Australian Maritime Safety Authority; (b) an officer or employee of the Commonwealth Department of Transport; (c) an officer or employee of the Great Barrier Reef Marine Park Authority; (d) an officer or employee of a marine, port or environmental authority of another State or the Northern Territory; (e) a police officer. 53 53 Compensation For section 110(5) 54 of the Act, the court must take the following matters into account— (a) whether the power was exercised to prevent a threat to human life or damage or possible damage to the environment or property; (b) whether the power was exercised negligently; (c) whether at the time the power was exercised or purported to be exercised, it was reasonably foreseeable that the person claiming compensation would be 52 Section 72 (Appointment of authorised officers) of the Act 53 Under the Police Powers and Responsibilities Act 2000 , section 13(2) (Appointment of police officers as public officials for other Acts), a police officer may only be appointed as a public official under an authorising law with the commissioner’s written approval to the proposed appointment. 54 Section 110 (Compensation) of the Act
s 54 43 s 55 Transport Operations (Marine Pollution) Regulation 1995 adversely affected by the exercise or purported exercise of the power; (d) the level of knowledge possessed by the officer at the time of the exercise or purported exercise of the power. 54 Registered office The registered office of a ship’s owner is— (a) if the owner resides in Queensland or has an office or agent in Queensland— (i) the owner’s business or residential address in Queensland; or (ii) the owner’s agent’s business or residential address in Queensland; or (b) if the ship’s owner resides in another State and does not have a registered office in Queensland— (i) the owner’s business or residential address in the other State; or (ii) the owner’s agent’s business or residential address in the other State. 55 Exemption from pt 7 of the ActA discharge of sewage is exempted from the operation of discharge offences under part 7 of the Actuntil the commencement of section 50(1) 55 of the Act. 55 Part 7 (Prevention of pollution by sewage) of the Act Section 50 (Discharge of sewage from declared ship into nil discharge waters for sewage prohibited) of the Act
s 56 44 s 56 Transport Operations (Marine Pollution) Regulation 1995 56 Where register of division 3 undertakings must be kept For section 117L 56 of the Act, the place where the register of division 3 undertakings is available for public inspection is the office of the general manager. 57 56 Section 117L (Register of division 3 undertakings) of the Act 57 The address of the general manager’s office is level 26, Mineral House, 41 George Street, Brisbane. Normal working hours are 8.30am to 4.30pm Monday to Friday.
45 Transport Operations (Marine Pollution) Regulation1995 Schedule 1 MARPOL section 4 INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973 THE PARTIES TO THE CONVENTION, BEING CONSCIOUS of the need to preserve the human environment in general and the marine environment in particular, RECOGNIZING that deliberate, negligent or accidental release of oil and other harmful substances from ships constitutes a serious source of pollution, RECOGNIZING ALSO the importance of the International Convention for the Prevention of Pollution of the Sea by Oil, 1954, as being the first multilateral instrument to be concluded with the prime objective of protecting the environment, and appreciating the significant contribution which that Convention has made in preserving the seas and coastal environment from pollution, DESIRING to achieve the complete elimination of intentional pollution of the marine environment by oil and other harmful substances and the minimization of accidental discharge of such substances, CONSIDERING that this object may best be achieved by establishing rules not limited to oil pollution having a universal purport, HAVE AGREED as follows: Article 1 General obligations under the Convention (1) The Parties to the Convention undertake to give effect to the provisions of the present Convention and those Annexes thereto by which they are bound, in order to prevent the pollution of the marine environment by the discharge of harmful substances or effluents containing such substances in contravention of the Convention.
46 Transport Operations (Marine Pollution) Regulation1995 Schedule 1 (continued) (2) Unless expressly provided otherwise, a reference to the present Convention constitutes at the same time a reference to its Protocols and to the Annexes. Article 2 Definitions For the purposes of the present Convention, unless expressly provided otherwise: (1) “Regulation” means the regulations contained in the Annexes to the present Convention. (2) “Harmful substance” means any substance which, if introduced into the sea, is liable to create hazards to human health, to harm living resources and marine life, to damage amenities or to interfere with other legitimate uses of the sea, and includes any substance subject to control by the present Convention. (3)(a) “Discharge”, in relation to harmful substances or effluents containing such substances, means any release howsoever caused from a ship and includes any escape, disposal, spilling, leaking, pumping, emitting or emptying; (b) “Discharge” does not include: (i) dumping within the meaning of the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, done at London on 13 November 1972; or (ii) release of harmful substances directly arising from the exploration, exploitation and associated offshore processing of sea-bed mineral resources; or (iii) release of harmful substances for purposes of legitimate scientific research into pollution abatement or control. (4) “Ship” means a vessel of any type whatsoever operating in the marine environment and includes hydrofoil boats, air-cushion vehicles, submersibles, floating craft and fixed or floating platforms. (5) “Administration” means the Government of the State under whose authority the ship is operating. With respect to a ship entitled to fly a flag of
47 Transport Operations (Marine Pollution) Regulation1995 Schedule 1 (continued) any State, the Administration is the Government of that State. With respect to fixed or floating platforms engaged in exploration and exploitation of the sea-bed and subsoil thereof adjacent to the coast over which the coastal State exercises sovereign rights for the purposes of exploration and exploitation of their natural resources, the Administration is the Government of the coastal State concerned. (6) “Incident” means an event involving the actual or probable discharge into the sea of a harmful substance, or effluents containing such a substance. (7) “Organization” means the Inter-Governmental Maritime Consultative Organization. 58 Article 3 Application (1) The present Convention shall apply to: (a) ships entitled to fly the flag of a Party to the Convention; and (b) ships not entitled to fly the flag of a Party but which operate under the authority of a Party. (2) Nothing in the present article shall be construed as derogating from or extending the sovereign rights of the Parties under international law over the sea-bed and subsoil thereof adjacent to their coasts for the purposes of exploration and exploitation of their natural resources. (3) The present Convention shall not apply to any warship, naval auxiliary or other ship owned or operated by a State and used, for the time being, only on government non-commercial service. However, each Party shall ensure by the adoption of appropriate measures not impairing the operations or operational capabilities of such ships owned or operated by it, that such ships act in a manner consistent, so far as is reasonable and practicable, with the present Convention. 58 The name of the Organization was changed to “International Maritime Organization” by virtue of amendments to the Organization’s Convention which entered into force on 22 May 1982.
48 Transport Operations (Marine Pollution) Regulation1995 Schedule 1 (continued) Article 4 Violation (1) Any violation of the requirements of the present Convention shall be prohibited and sanctions shall be established therefor under the law of the Administration of the ship concerned wherever the violation occurs. If the Administration is informed of such a violation and is satisfied that sufficient evidence is available to enable proceedings to be brought in respect of the alleged violation, it shall cause such proceedings to be taken as soon as possible, in accordance with its law. (2) Any violation of the requirements of the present Convention within the jurisdiction of any Party to the Convention shall be prohibited and sanctions shall be established therefor under the law of that Party. Whenever such a violation occurs, that Party shall either: (a) cause proceedings to be taken in accordance with its law; or (b) furnish to the Administration of the ship such information and evidence as may be in its possession that a violation has occurred. (3) Where information or evidence with respect to any violation of the present Convention by a ship is furnished to the Administration of that ship, the Administration shall promptly inform the Party which has furnished the information or evidence, and the Organization, of the action taken. (4) The penalties specified under the law of a Party pursuant to the present article shall be adequate in severity to discourage violations of the present Convention and shall be equally severe irrespective of where the violations occur. Article 5 Certificates and special rules on inspection of ships (1) Subject to the provisions of paragraph (2) of the present article a certificate issued under the authority of a Party to the Convention in accordance with the provisions of the regulations shall be accepted by the other Parties and regarded for all purposes covered by the present Convention as having the same validity as a certificate issued by them.
49 Transport Operations (Marine Pollution) Regulation1995 Schedule 1 (continued) (2) A ship required to hold a certificate in accordance with the provisions of the regulations is subject, while in the ports or offshore terminals under the jurisdiction of a Party, to inspection by officers duly authorized by that Party. Any such inspection shall be limited to verifying that there is on board a valid certificate, unless there are clear grounds for believing that the condition of the ship or its equipment does not correspond substantially with the particulars of that certificate. In that case, or if the ship does not carry a valid certificate, the Party carrying out the inspection shall take such steps as will ensure that the ship shall not sail until it can proceed to sea without presenting an unreasonable threat of harm to the marine environment. That Party may, however, grant such a ship permission to leave the port or offshore terminal for the purpose of proceeding to the nearest appropriate repair yard available. (3) If a Party denies a foreign ship entry to the ports or offshore terminals under its jurisdiction or takes any action against such a ship for the reason that the ship does not comply with the provisions of the present Convention, the Party shall immediately inform the consul or diplomatic representative of the Party whose flag the ship is entitled to fly, or if this is not possible, the Administration of the ship concerned. Before denying entry or taking such action the Party may request consultation with the Administration of the ship concerned. Information shall also be given to the Administration when a ship does not carry a valid certificate in accordance with the provisions of the regulations. (4) With respect to the ship of non-Parties to the Convention, Parties shall apply the requirements of the present Convention as may be necessary to ensure that no more favourable treatment is given to such ships. Article 6 Detection of violations and enforcement of the Convention (1) Parties to the Convention shall co-operate in the detection of violations and the enforcement of the provisions of the present Convention, using all appropriate and practicable measures of detection and environmental monitoring, adequate procedures for reporting and accumulation of evidence. (2) A ship to which the present Convention applies may, in any port or offshore terminal of a Party, be subject to inspection by officers appointed
50 Transport Operations (Marine Pollution) Regulation1995 Schedule 1 (continued) or authorized by that Party for the purpose of verifying whether the ship has discharged any harmful substances in violation of the provisions of the regulations. If an inspection indicates a violation of the Convention, a report shall be forwarded to the Administration for any appropriate action. (3) Any Party shall furnish to the Administration evidence, if any, that the ship has discharged harmful substances or effluents containing such substances in violation of the provisions of the regulations. If it is practicable to do so, the competent authority of the former Party shall notify the master of the ship of the alleged violation. (4) Upon receiving such evidence, the Administration so informed shall investigate the matter, and may request the other Party to furnish further or better evidence of the alleged contravention. If the Administration is satisfied that sufficient evidence is available to enable proceedings to be brought in respect of the alleged violation, it shall cause such proceedings to be taken in accordance with its law as soon as possible. The Administration shall promptly inform the Party which has reported the alleged violation, as well as the Organization, of the action taken. (5) A Party may also inspect a ship to which the present Convention applies when it enters the ports or offshore terminals under its jurisdiction, if a request for an investigation is received from any Party together with sufficient evidence that the ship has discharged harmful substances or effluents containing such substances in any place. The report of such investigation shall be sent to the Party requesting it and to the Administration so that the appropriate action may be taken under the present Convention. Article 7 Undue delay to ships (1) All possible efforts shall be made to avoid a ship being unduly detained or delayed under articles 4, 5 or 6 of the present Convention. (2) When a ship is unduly detained or delayed under articles 4, 5 or 6 of the present Convention, it shall be entitled to compensation for any loss or damage suffered.
51 Transport Operations (Marine Pollution) Regulation1995 Schedule 1 (continued) Article 8 Reports on incidents involving harmful substances (1) A report of an incident shall be made without delay to the fullest extent possible in accordance with the provisions of Protocol I to the present Convention. (2) Each Party to the Convention shall: (a) make all arrangements necessary for an appropriate officer or agency to receive and process all reports on incidents; and (b) notify the Organization with complete details of such arrangements for circulation to other Parties and Member States of the Organization. (3) Whenever a Party receives a report under the provisions of the present article, that Party shall relay the report without delay to: (a) the Administration of the ship involved; and (b) any other State which may be affected. (4) Each Party to the Convention undertakes to issue instructions to its maritime inspection vessels and aircraft and to other appropriate services, to report to its authorities any incident referred to in Protocol I to the present Convention. That Party shall, if it considers it appropriate, report accordingly to the Organization and to any other Party concerned. Article 9 Other treaties and interpretation (1) Upon its entry into force, the present Convention supersedes the International Convention for the Prevention of Pollution of the Sea by Oil, 1954, as amended, as between Parties to that Convention. (2) Nothing in the present Convention shall prejudice the codification and development of the law of the sea by the United Nations Conference on the Law of the Sea convened pursuant to resolution 2750 C(XXV) of the General Assembly of the United Nations nor the present or future claims and legal views of any State concerning the law of the sea and the nature and extent of coastal and flag State jurisdiction.
52 Transport Operations (Marine Pollution) Regulation1995 Schedule 1 (continued) (3) The term “jurisdiction” in the present Convention shall be construed in the light of international law in force at the time of application or interpretation of the present Convention. Article 10 Settlement of disputes Any dispute between two or more Parties to the Convention concerning the interpretation or application of the present Convention shall, if settlement by negotiation between the Parties involved has not been possible, and if these Parties do not otherwise agree, be submitted upon request of any of them to arbitration as set out in Protocol II to the present Convention. Article 11 Communication of information (1) The Parties to the Convention undertake to communicate to the Organization: (a) the text of laws, orders, decrees and regulations and other instruments which have been promulgated on the various matters within the scope of the present Convention; (b) a list of non-governmental agencies which are authorized to act on their behalf in matters relating to the design, construction and equipment of ships carrying harmful substances in accordance with the provisions of the regulations; 59 (c) a sufficient number of specimens of their certificates issued under the provisions of the regulations; (d) a list of reception facilities including their location, capacity and available facilities and other characteristics; (e) official reports or summaries of official reports in so far as they show the results of the application of the present Convention; and 59 The text of this subparagraph is replaced by that contained in article III of the 1978 Protocol.
53 Transport Operations (Marine Pollution) Regulation1995 Schedule 1 (continued) (f) an annual statistical report, in a form standardized by the Organization, of penalties actually imposed for infringement of the present Convention. (2) The Organization shall notify Parties of the receipt of any communications under the present article and circulate to all Parties any information communicated to it under subparagraphs (1)(b) to (f) of the present article. Article 12 Casualties to ships (1) Each Administration undertakes to conduct an investigation of any casualty occurring to any of its ships subject to the provisions of the regulations if such casualty has produced a major deleterious effect upon the marine environment. (2) Each Party to the Convention undertakes to supply the Organization with information concerning the findings of such investigation, when it judges that such information may assist in determining what changes in the present Convention might be desirable. Article 13 Signature, ratification, acceptance, approval and accession (1) The present Convention shall remain open for signature at the Headquarters of the Organization from 15 January 1974 until 31 December 1974 and shall thereafter remain open for accession. States may become Parties to the present Convention by: (a) signature without reservation as to ratification, acceptance or approval; or (b) signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval; or (c) accession. (2) Ratification, acceptance, approval or accession shall be effected by the deposit of an instrument to that effect with the Secretary-General of the Organization.
295 Transport Operations (Marine Pollution) Regulation1995 Schedule 9 Treatment system standards section 38I 1 The system must include documentation ( system documentation ) from the system’s manufacturer or supplier that states— (a) the system’s performance specifications, under normal operating conditions, which must include a statement of the levels of sewage quality characteristics remaining in sewage after it has been treated in the system; and (b) the name and address of an independent testing entity that has assessed the performance of the system against the performance specifications mentioned in paragraph (a); and (c) the date of the assessment and the results of the assessment. 2 The system must— (a) include comprehensive and durable manuals for operating and maintaining the system ( system service manual ); and (b) have a durable label attached to it, stating the following— (i) the manufacturer’s name and address; (ii) the type and model number of the system; and (c) be installed in accordance with the manufacturer’s instructions; and (d) be fitted with an indicator to indicate if the system is malfunctioning as defined under section 51B of the Act; and (e) if sewage entering the system is not macerated before it enters the system—be fitted with a macerator to macerate the sewage before the system’s main treatment process starts to treat the sewage.
296 Transport Operations (Marine Pollution) Regulation1995 Schedule 9 (continued) 3 The system service manual must state the following particulars for the system— (a) operating instructions; (b) maintenance schedules and requirements; (c) authorised service providers.
297 Transport Operations (Marine Pollution) Regulation1995 Schedule 10 Dictionary section 3 100m line , for schedule 8A, see schedule 8A, section 1. 500m line , for schedule 8A, see schedule 8A, section 1. appropriate certificate means an international oil pollution prevention certificate, and its supplement B, with an endorsement— (a) indicating the ship is permitted to carry oil-like substances in conformity with Annex II, regulation 14; and (b) specifying the oil-like substances the tanker is permitted to carry. aquaculture fisheries resources see FisheriesAct1994 , schedule. 132 Australian fishing vessel means a fishing vessel that is registered or entitled to be registered in Australia or in relation to which an instrument under the Fisheries Management Act 1991 (Cwlth), section 4(2) is in force. authorised officer , in part 3, includes a marine surveyor appointed or authorised by the government of a country that is a party to the Convention for the purpose of implementing Annex II, regulation 8. boat harbour means a State managed boat harbour or a non-State managed boat harbour under the TransportInfrastructure (Public Marine Facilities) Regulation 2000 . canal see the Coastal Protection and Management Act 1995 , section 9. Category A substance see schedule 1, Annex II, appendixes I and II. 132 Fisheries Act 1994 , schedule (Dictionary)
298 Transport Operations (Marine Pollution) Regulation1995 Schedule 10 (continued) Category B substance see schedule 1, Annex II, appendixes I and II. Category C substance see schedule 1, Annex II, appendixes I and II. Category D substance see schedule 1, Annex II, appendixes I and II. coastal 100m line , for schedule 8A, see schedule 8A, section 1. coastal 500m line , for schedule 8A, see schedule 8A, section 1. designated area means an area stated in schedule 8. disposal facility , for part 4A, division 3, see section 38L. fishing vessel means a vessel used, or intended to be used, for catching fish, whales, seals, walrus or other living resources of the sea or seabed for profit or reward, but does not include any vessel— (a) engaged in harvesting or transportation of algae or aquatic plants; or (b) that is primarily a carrier or mother vessel. food wastes means any spoiled or unspoiled victual substances generated in the normal operation of the ship, and includes fruits, vegetables, dairy products, poultry, meat products, food scraps and food particles. fringing reef , for schedule 8A, see schedule 8A, section 1. grade A treated sewage see section 38H. grade B treated sewage see section 38H. grade C treated sewage see section 38H. H.A.T. , for schedule 8A, see schedule 8A, section 1. Hervey Bay waters means the waters of Hervey Bay, other than prohibited discharge waters, within a boundary drawn— • from Burrum Point on the mainland to the Fairway Beacon, Hervey Bay
299 Transport Operations (Marine Pollution) Regulation1995 Schedule 10 (continued) • to Rooney Point, Fraser Island • along the western shore of Fraser Island to latitude 25º22.90' south • to latitude 25º24.90' south, longitude 152º58.06' east • due west to the mainland at latitude 25º24.90' south. highest astronomical tide , for schedule 8A, see schedule 8A, section 1. high water , for schedule 8A, see schedule 8A, section 1. IMDG Code means the International Maritime Dangerous Goods Code. independent testing entity means an entity in Australia that is certified by the National Association of Testing Authorities, ABN 59004379748, as competent to test and certify treatment systems. island 500m line , for schedule 8A, see schedule 8A, section 1. L.A.T. , for schedule 8A, see schedule 8A, section 1. lowest astronomical tide , for schedule 8A, see schedule 8A, section 1. low water , for schedule 8A, see schedule 8A, section 1. marina means a buoy mooring, jetty or pile mooring or combination of them where, for a fee or reward, a ship is, or may be, anchored, berthed, or moored. median line , for schedule 8A, see schedule 8A, section 1. northern Moreton Bay waters means the waters of Moreton Bay, other than prohibited discharge waters, within a boundary drawn— • from latitude 27°06' south on the mainland to South Point, Bribie Island • along the southern shore of Bribie Island to Skirmish Point • to Comboyuro Point, Moreton Island
300 Transport Operations (Marine Pollution) Regulation1995 Schedule 10 (continued) • along the western shore of Moreton Island to Reeders Point • to Amity Point, North Stradbroke Island • to Cleveland Point on the mainland. oily mixture , in part 2, division 1, does not include a mixture that contains— (a) chemicals or other substances in quantities or concentrations that are hazardous to Queensland’s marine and coastal environment; or (b) chemicals or other substances that have been introduced for the purpose of attempting to prevent the application of section 26 133 of the Act to the discharge of an oily mixture from a ship. 134 open waters means coastal waters, other than Hervey Bay waters, northern Moreton Bay waters, prohibited discharge waters and smooth waters. partially smooth waters see Transport Operations (Marine Safety) Regulation 2004 , schedule 15. 135 pleasure vessel means a vessel used wholly for recreational or sporting activities and not for hire or reward. prohibited discharge waters means waters of any of the following— (a) a boat harbour; (b) a canal; (c) a marina; (d) a designated area. 133 Section 26 (Discharge of oil into coastal waters prohibited) of the Act 134 Discharge of chemicals hazardous to Queensland’s marine and coastal environment are dealt with in part 3 (Noxious liquid substances in bulk). 135 Transport Operations (Marine Safety) Regulation 2004 , schedule 15 (Dictionary)
301 Transport Operations (Marine Pollution) Regulation1995 Schedule 10 (continued) Queensland ship means a ship registered, or required to be registered, under the TransportOperations(MarineSafety)Act 1994 or another Act. reef includes the following— (a) bommie fields; (b) moats; (c) ramparts; (d) reef slopes; (e) underwater and intertidal rocky areas. registered office see section 54. rock 500m line , for schedule 8A, see schedule 8A, section 1. smooth waters has the meaning given by the Transport Operations (Marine Safety) Regulation 2004 , but does not include— (a) the waters described in schedule 8 of the regulation that are within .5n miles from land; and (b) prohibited discharge waters. system documentation see schedule 9, section 1. system service manual see schedule 9, section 2. Tonnage Measurement Convention has the meaning given by the Commonwealth Navigation Act. trading ship means a ship (other than a Commonwealth vessel under the Commonwealth Navigation Act or a fishing vessel) that is used for or in connection with any business or commercial activity, and includes a vessel that is used wholly or principally for— (a) the carriage of passengers or cargo for hire or reward; or (b) the provision of services to ships or shipping whether for reward or otherwise. Trinity Inlet , for schedule 8A, see schedule 8A, section 1.
302 Transport Operations (Marine Pollution) Regulation 1995 Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .302 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .302 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .303 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .303 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .306 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 1 July 2008. Future amendments of the Transport Operations (Marine Pollution) Regulation 1995 may be made in accordance with this reprint under the Reprints Act 1992, section 49. 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd num o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = numbered = order in council = omitted = original = page = paragraph = preceding = present = previous Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No. [X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised edition = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered
303 Transport Operations (Marine Pollution) Regulation 1995 4 Table of reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of reprints, see the reprint with the latest effective date. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. Reprint No. 1 1A 1B Amendments to none 1996 SL No. 39 1998 SL No. 261 Effective 15 November 1995 1 March 1996 25 September 1998 Reprint date 24 January 1996 24 July 1996 18 March 1999 Reprint No. 1C 1D 1E 1F 1G 1H 1I 1J 1K 1L 1M 1N 1O 1P 1Q 1R 1S Amendments included 2002 SL No. 250 2003 SL No. 106 2003 SL No. 135 2003 SL No. 236 2003 SL No. 326 2003 SL No. 327 2003 SL No. 315 2004 SL No. 54 2004 SL No. 238 2005 SL No. 50 2005 SL No. 91 2006 SL No. 90 2006 SL No. 222 2006 SL No. 244 2006 SL No. 289 2007 SL No. 81 2007 SL No. 83 2008 SL No. 83 2008 SL No. 131 Effective 1 October 2002 1 July 2003 3 October 2003 12 December 2003 1 January 2004 1 July 2004 5 November 2004 1 April 2005 1 July 2005 1 July 2006 31 August 2006 6 October 2006 1 December 2006 17 May 2007 1 July 2007 1 April 2008 1 July 2008 Notes 5 List of legislation Transport Operations (Marine Pollution) Regulation 1995 SL No. 307 made by the Governor in Council on 9 November 1995 notfd gaz 10 November 1995 pp 1045–6 ss 1–2 commenced on date of notification remaining provisions commenced 15 November 1995 (see s 2) exp 31 August 2008 (see SIA s 56A(2) and SIR s 5 sch 3) Note—(1) The expiry date may have changed since this reprint was published. See the latest reprint of the SIR for any change. (2) A regulatory impact statement and an explanatory note were prepared. amending legislation—
304 Transport Operations (Marine Pollution) Regulation 1995 Transport Operations (Marine Pollution) Amendment Regulation (No. 1) 1996 SL No. 39 notfd gaz 1 March 1996 pp 998–9 commenced on date of notification Transport Operations (Marine Pollution) Amendment Regulation (No. 1) 1998 SL No. 261 notfd gaz 25 September 1998 pp 327–9 commenced on date of notification Maritime Safety Queensland Regulation 2002 SL No. 250 ss 1–2, 4 sch notfd gaz 27 September 2002 pp 340–4 ss 1–2 commenced on date of notification remaining provisions commenced 1 October 2002 (see s 2) Transport Legislation Amendment Regulation (No. 2) 2003 SL No. 106 pts 1, 8 notfd gaz 30 May 2003 pp 371–6 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2003 (see s 2) Transport Operations (Marine Pollution) Amendment Regulation (No. 1) 2003 SL No. 135 notfd gaz 27 June 2003 pp 749–56 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2003 (see s 2) Transport Operations (Marine Pollution) Amendment Regulation (No. 2) 2003 SL No. 236 notfd gaz 3 October 2003 pp 382–5 commenced on date of notification Transport Operations (Marine Pollution) Amendment Regulation (No. 3) 2003 SL No. 315 notfd gaz 5 December 2003 pp 1114–17 ss 1–2 commenced on date of notification remaining provisions commenced 1 January 2004 (see s 2) Note—A regulatory impact statement and explanatory note were prepared. Transport Operations (Marine Pollution) Amendment Regulation (No. 4) 2003 SL No. 326 notfd gaz 12 December 2003 pp 1203–7 commenced on date of notification Transport Operations (Marine Pollution) Amendment Regulation (No. 5) 2003 SL No. 327 notfd gaz 12 December 2003 pp 1203–7 commenced on date of notification Transport Legislation Amendment Regulation (No. 1) 2004 SL No. 54 pts 1, 8 notfd gaz 14 May 2004 pp 112–14 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2004 (see s 2)
305 Transport Operations (Marine Pollution) Regulation 1995 Marine Parks and Other Legislation Amendment and Repeal Regulation (No. 1)2004 SL No. 238 pts 1, 5 notfd gaz 5 November 2004 pp 813–15 commenced on date of notification Note—A regulatory impact statement and explanatory note were prepared. TransportOperations(MarineSafety)andOtherLegislationAmendmentRegulation (No. 1) 2005 SL No. 50 pts 1, 3 notfd gaz 1 April 2005 pp 1066–9 ss 1–2 commenced on date of notification remaining provisions commenced 1 April 2005 (see s 2) Note—A regulatory impact statement and explanatory note were prepared. Transport Legislation Amendment Regulation (No. 1) 2005 SL No. 91 pts 1, 8 notfd gaz 20 May 2005 pp 224–6 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2005 (see s 2) Transport Legislation and Another Regulation Amendment Regulation (No. 1) 2006 SL No. 90 ss 1, 2(1), pt 9 notfd gaz 19 May 2006 pp 252–4 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2006 (see s 2(1)) Marine Parks (Declaration) Regulation 2006 SL No. 222 pts 1, 6 notfd gaz 18 August 2006 pp 1821–5 ss 1–2 commenced on date of notification remaining provisions commenced 31 August 2006 (see s 2) Note—(1) A regulatory impact statement and explanatory note were prepared. (2) The regulatory impact statement also applies to 2006 SL No. 223. Transport Operations (Maritime Legislation) Amendment Regulation (No. 1) 2006 SL No. 244 pts 1–2 notfd gaz 6 October 2006 pp 577–80 commenced on date of notification Transport and Other Legislation Amendment Regulation (No. 1) 2006 SL No. 289 ss 1, 44 sch notfd gaz 1 December 2006 pp 1587–90 commenced on date of notification Transport Operations (Marine Pollution) Amendment Regulation (No. 1) 2007 SL No. 81 notfd gaz 17 May 2007 pp 227–8 ss 1–2 commenced on date of notification remaining provisions commenced 17 May 2007 (see s 2) Transport Legislation (Fees) Amendment Regulation (No. 1) 2007 SL No. 83 pts 1, 8 notfd gaz 18 May 2007 pp 345–8 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2007 (see s 2)
306 Transport Operations (Marine Pollution) Regulation 1995 Fisheries Regulation 2008 SL No. 83 ss 1–2, ch 17 pt 7 notfd gaz 28 March 2008 pp 1721–4 ss 1–2 commenced on date of notification remaining provisions commenced 1 April 2008 (see s 2) Note—A regulatory impact statement and explanatory note were prepared. Transport Legislation (Fees) Amendment Regulation (No. 1) 2008 SL No. 131 pts 1, 8 notfd gaz 23 May 2008 pp 543–5 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2008 (see s 2) 6 List of annotations Definitions—the dictionary s 3 amd 2003 SL No. 315 s 4 Shipboard oil pollution emergency plan s 14 amd 2002 SL No. 250 s 4 sch; 2003 SL No. 106 s 16; 2004 SL No. 54 s 16; 2005 SL No. 91 s 16; 2006 SL No. 90 s 18; 2007 SL No. 83 s 16; 2008 SL No. 131 s 16 Oil record book must be carried on ship or retained s 16 amd 2002 SL No. 250 s 4 sch Cargo record book must be carried on ship or retained s 27 amd 2002 SL No. 250 s 4 sch Category A substances s 30 amd 2002 SL No. 250 s 4 sch Category A substances—alternative washing procedure s 32 amd 2002 SL No. 250 s 4 sch Category B and C substances s 33 amd 2002 SL No. 250 s 4 sch Category B and C substances—approved prewash procedure s 34 amd 2002 SL No. 250 s 4 sch Category B and C substances—prewash procedure at another port s 35 amd 2002 SL No. 250 s 4 sch PART 4A—SEWAGE pt hdg ins 2003 SL No. 315 s 5 Division 1—Managing sewage discharges div hdg ins 2003 SL No. 315 s 5 Nil discharge waters for untreated sewage for Act, s 47 s 38A ins 2003 SL No. 315 s 5 Nil discharge waters for treated sewage for Act, s 48 s 38B ins 2003 SL No. 315 s 5
307 Transport Operations (Marine Pollution) Regulation 1995 Documents to be kept onboard ship fitted with treatment system s 38C ins 2003 SL No. 315 s 5 Declared ship for Act, s 49 s 38D ins 2003 SL No. 315 s 5 amd 2005 SL No. 50 s 17 Nil discharge waters for treated sewage or untreated sewage from a declared ship for Act, s 49 s 38E ins 2003 SL No. 315 s 5 Ships to which Act, s 51 applies s 38F ins 2003 SL No. 315 s 5 amd 2005 SL No. 50 s 18 Minimum requirements for shipboard sewage management plan s 38G ins 2003 SL No. 315 s 5 Levels of sewage quality characteristics for treated sewage s 38H ins 2003 SL No. 315 s 5 Standard for treatment system s 38I ins 2003 SL No. 315 s 5 Sewage discharges in coastal waters, other than nil discharge waters s 38J ins 2003 SL No. 315 s 5 Division 2—Assessment and maintenance of treatment system on declared ship div 2 (s 38K) ins 2003 SL No. 315 s 5 Division 3—Sewage disposal records div 3 (ss 38L–38N) ins 2003 SL No. 315 s 5 Notification of discharges s 46 amd 2002 SL No. 250 s 4 sch; 2003 SL No. 135 s 4 Devolution of matters s 48 amd 2003 SL No. 135 s 5 PART 9A—INSURANCE pt hdg ins 2007 SL No. 81 s 4 Division 1—General div 1 (ss 50A–50B) ins 2007 SL No. 81 s 4 Division 2—Exemption div 2 (s 50C) ins 2007 SL No. 81 s 4 Labour costs s 51 amd 2002 SL No. 250 s 4 sch Insurance limit s 51A ins 2003 SL No. 327 s 3 om 2007 SL No. 81 s 5 Authorised officers s 52 amd 1998 SL No. 261 s 3
308 Transport Operations (Marine Pollution) Regulation 1995 Exemption from pt 7 of the Acts 55 ins 1996 SL No. 39 s 3 Where register of division 3 undertakings must be kept s 56 ins 2006 SL No. 244 s 3 SCHEDULE 3A—DEVOLUTION TO PORT AUTHORITY ins 2003 SL No. 135 s 6 amd 2003 SL No. 236 s 3; 2003 SL No. 326 s 3 SCHEDULE 4—NIL DISCHARGE WATERS FOR UNTREATED SEWAGE ins 2003 SL No. 315 s 8 SCHEDULE 5—NIL DISCHARGE WATERS FOR TREATED SEWAGE ins 2003 SL No. 315 s 8 SCHEDULE 6—NIL DISCHARGE WATERS FOR TREATED SEWAGE OR UNTREATED SEWAGE FROM A DECLARED SHIP ins 2003 SL No. 315 s 8 SCHEDULE 7—LEVELS OF SEWAGE QUALITY CHARACTERISTICS FOR TREATED SEWAGE ins 2003 SL No. 315 s 8 SCHEDULE 8—DESIGNATED AREAS ins 2003 SL No. 315 s 8 amd 2004 SL No. 238 s 26; 2006 SL No. 222 s 21 SCHEDULE 8A—AREAS WITHIN THE GREAT BARRIER REEF COAST MARINE PARK THAT ARE DESIGNATED AREAS sch 8A ins 2004 SL No. 238 s 27 PART 1—PRELIMINARY pt hdg ins 2004 SL No. 238 s 27 Definitions s 1 ins 2004 SL No. 238 s 27 def “Trinity Inlet fish habitat area” sub 2008 SL No. 83 s 746 References to latitudes and longitudes s 2 ins 2004 SL No. 238 s 27 References to H.A.T., high water etc. s 3 ins 2004 SL No. 238 s 27 References to bracketed island or reef numbers s 4 ins 2004 SL No. 238 s 27 PART 2—AREAS THAT ARE DESIGNATED AREAS pt hdg ins 2004 SL No. 238 s 27 Division 1—Areas within the Mackay/Capricorn Management Area div 1 (ss 1–5) ins 2004 SL No. 238 s 27 Division 2—Areas within the Townsville/Whitsunday Management Area div 2 (ss 6–10) ins 2004 SL No. 238 s 27
309 Transport Operations (Marine Pollution) Regulation1995 Division 3—Areas within the Cairns/Cooktown Management Area div 3 (ss 11–16) ins 2004 SL No. 238 s 27 SCHEDULE 9—TREATMENT SYSTEM STANDARDS ins 2003 SL No. 315 s 8 SCHEDULE 10—DICTIONARY (prev sch 4) renum 2003 SL No. 315 s 7 def “100m line” ins 2004 SL No. 238 s 28 def “500m line” ins 2004 SL No. 238 s 28 def “aquaculture fisheries resources” ins 2003 SL No. 315 s 6 def “boat harbour” ins 2003 SL No. 315 s 6 def “canal” ins 2003 SL No. 315 s 6 sub 2006 SL No. 289 s 44 sch def “coastal 100m line” ins 2004 SL No. 238 s 28 def “coastal 500m line” ins 2004 SL No. 238 s 28 def “designated area” ins 2003 SL No. 315 s 6 def “disposal facility” ins 2003 SL No. 315 s 6 def “fringing reef” ins 2004 SL No. 238 s 28 def “grade A treated sewage” ins 2003 SL No. 315 s 6 def “grade B treated sewage” ins 2003 SL No. 315 s 6 def “grade C treated sewage” ins 2003 SL No. 315 s 6 def “H.A.T.” ins 2004 SL No. 238 s 28 def “Hervey Bay waters” ins 2003 SL No. 315 s 6 def “highest astronomical tide” ins 2004 SL No. 238 s 28 def “high water” ins 2004 SL No. 238 s 28 def “independent testing entity” ins 2003 SL No. 315 s 6 def “island 500m line” ins 2004 SL No. 238 s 28 def “L.A.T.” ins 2004 SL No. 238 s 28 def “lowest astronomical tide” ins 2004 SL No. 238 s 28 def “low water” ins 2004 SL No. 238 s 28 def “marina” ins 2003 SL No. 315 s 6 def “median line” ins 2004 SL No. 238 s 28 def “northern Moreton Bay waters” ins 2003 SL No. 315 s 6 def “open waters” ins 2003 SL No. 315 s 6 def “partially smooth waters” ins 2003 SL No. 315 s 6 amd 2005 SL No. 50 s 19(1) def “prohibited discharge waters” ins 2003 SL No. 315 s 6 def “reef” ins 2003 SL No. 315 s 6 def “rock 500m line” ins 2004 SL No. 238 s 28 def “smooth waters” ins 2003 SL No. 315 s 6 sub 2005 SL No. 50 s 19(2) def “system documentation” ins 2003 SL No. 315 s 6 def “system service manual” ins 2003 SL No. 315 s 6 def “Trinity Inlet” ins 2004 SL No. 238 s 28 © State of Queensland 2008
Actions
Download as PDF
Download as Word Document
Cases Citing This Decision
0
Cases Cited
0
Statutory Material Cited
0