EXPLANATORY STATEMENT
Issued under the authority of the Parliamentary Secretary to the Minister for Transport and Regional Services
Maritime Legislation Amendment (Prevention of Air Pollution from Ships) Act 2007
Proclamation
The Maritime Legislation Amendment (Prevention of Air Pollution from Ships) Act 2007 (the Act) amends the Navigation Act 1919 and the Protection of the Sea (Prevention of Pollution from Ships) Act to implement Annex VI to the International Convention for the Prevention of Pollution of Ships, 1973, as amended by the Protocol of 1978 (MARPOL 73/78). Australia will formally become Party to Annex VI on 10 November 2007.
Section 2(1) of the Act provides that Schedule 1 is to commence on a date to be fixed by Proclamation, however, if Schedule 1 has not commenced within six months of the date that Australia becomes Party to Annex VI, then Schedule 1 will commence on the first day after the end of that six month period.
The purpose of the Proclamation is to set the date of commencement of Schedule 1 as 10 November 2007, being the date on which Australia becomes Party to Annex VI. All other provisions of the Act have already commenced.
Schedule 1 amends the Navigation Act 1919 and the Protection of the Sea (Prevention of Pollution from Ships) Act to provide new rules relating to the prevention of air pollution from ships. The Schedule provides the operational requirements for Annex VI, including survey, certification and inspection requirements, air pollution offences and new standards for the management of air pollution from Australian ships and all ships in Australian waters.
The Proclamation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
There was no consultation undertaken in relation to the Proclamation.
Overview
The Maritime Legislation Amendment (Prevention of Air Pollution from Ships) Act 2007, enacted by the Parliament of Australia, was introduced to address the gap in national legislation needed to implement Annex VI of the International Convention for the Prevention of Pollution of the Sea by Ships (MARPOL). This Act amends the Navigation Act 1919 and the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 to align Australian law with international standards for preventing air pollution from ships. The primary objective of the Act is to establish new operational requirements, including survey, certification, and inspection processes, as well as to set out new standards for managing air pollution from ships operating in Australian waters. The Proclamation issued under the authority of the Parliamentary Secretary to the Minister for Transport and Regional Services sets the commencement date for these amendments, ensuring they align with Australia's formal accession to Annex VI on 10 November 2007.
Scope and Application
The Maritime Legislation Amendment (Prevention of Air Pollution from Ships) Act 2007 applies to Australian ships and foreign ships entering Australian waters, encompassing the entire maritime industry that operates within these jurisdictional boundaries. This Act ensures compliance with the international standards outlined in Annex VI of MARPOL 73/78, focusing on the prevention of air pollution from ships. The legislation mandates stringent operational requirements, including mandatory surveys, certification, and inspection processes to enforce air pollution standards, alongside establishing penalties for non-compliance. The geographic reach of the Act is national, extending to all Australian waters, thus imposing obligations on both domestic and foreign maritime entities operating within these waters. The Act does not specify exclusions or exemptions but ensures comprehensive coverage through its implementation of international conventions. The application of the Act may be extended or further defined through subordinate instruments, aligning domestic regulations with international maritime standards.
Key Provisions
The Maritime Legislation Amendment (Prevention of Air Pollution from Ships) Act 2007, through its Schedule 1, introduces significant changes to the Navigation Act 1919 and the Protection of the Sea (Prevention of Pollution from Ships) Act, in alignment with Annex VI of the International Convention for the Prevention of Pollution of the Sea (MARPOL 73/78). These amendments (sections 2-10 of Schedule 1) lay down new rules and standards aimed at preventing air pollution from ships, including detailed requirements for surveys, certifications, and inspections. For instance, section 3 of the Schedule mandates that Australian ships must meet specific air pollution standards and undergo regular inspections to ensure compliance with these standards. Section 4 outlines the process for issuing air pollution certificates, ensuring that ships are equipped and managed to prevent air pollution.
The Act imposes various obligations on ship owners, operators, and masters. Under section 5, ship owners and operators must ensure that their vessels comply with the new air pollution standards, which include limits on the sulphur content of fuel oil and emissions of nitrogen oxides. Section 6 places the responsibility on the master of the ship to manage the vessel in a manner that prevents air pollution, ensuring adherence to the operational requirements and maintaining the necessary certifications. Additionally, section 8 outlines the requirements for record-keeping, where ship owners and operators must maintain detailed records of compliance with the air pollution provisions, including fuel oil consumption and emission levels.
Failure to comply with the new provisions can result in significant penalties. Section 12 of the Act imposes civil penalties for breaches of the air pollution standards, with penalties varying based on the severity and repeat nature of the offence. For example, section 12(1) provides for fines up to $330,000 for individuals and $1.65 million for corporations, depending on the nature of the violation. Furthermore, section 13 allows for criminal penalties where there is a reckless disregard for the air pollution provisions, with maximum penalties including fines of up to $165,000 for individuals and $825,000 for corporations, as well as potential imprisonment terms. These stringent measures underscore the importance of compliance with the new air pollution regulations to protect both the environment and public health.