Maritime Legislation Amendment (Prevention of Pollution from Ships) Act 2003

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Maritime Legislation Amendment (Prevention of Pollution from Ships) Act 2003

 

No. 47, 2003

 

 

 

 

 

An Act to amend legislation relating to the prevention of pollution from ships, and for related purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedule(s)

Schedule 1—Amendments

Navigation Act 1912

Protection of the Sea (Prevention of Pollution from Ships) Act 1983

 

 

 

Maritime Legislation Amendment (Prevention of Pollution from Ships) Act 2003

No. 47, 2003

 

 

 

An Act to amend legislation relating to the prevention of pollution from ships, and for related purposes

[Assented to 26 June 2003]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Maritime Legislation Amendment (Prevention of Pollution from Ships) Act 2003.

2  Commencement

 (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent

26 June 2003

2.  Schedule 1, items 1 to 22

Immediately after the commencement of Division 12C of Part IV of the Navigation Act 1912

27 May 2004 (s 2(1); Gazette 2004, GN17)

3.  Schedule 1, item 23

Immediately after the commencement of item 7 of Schedule 1 to the Protection of the Sea (Prevention of Pollution from Ships) Amendment Act 2002

27 May 2004 (s 2(1); Gazette 2004, GN17)

4.  Schedule 1, item 24

Immediately after the commencement of item 8 of Schedule 1 to the Protection of the Sea (Prevention of Pollution from Ships) Amendment Act 2002

27 May 2004 (s 2(1); Gazette 2004, GN17)

5.  Schedule 1, items 25 to 31

Immediately after the commencement of Division 2 of Part IIIB of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983

27 May 2004 (s 2(1); Gazette 2004, GN17)

Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

 (2) Column 3 of the table is for additional information that is not part of this Act. This information may be included in any published version of this Act.

3  Schedule(s)

  Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

 

Schedule 1—Amendments

 

Navigation Act 1912

1  Subsection 267ZD(1) (definition of sewage certificate)

Omit “(1973)”.

2  Subsection 267ZE(3)

Omit “Regulations 3, 4, 6, 7 and 11”, substitute “Regulations 4, 5, 7, 8, 9 and 10”.

3  Section 267ZF

Repeal the section, substitute:

267ZF  Regulations to give effect to Regulations 4, 9 and 10 of Annex IV

  The regulations may make provision for, and in relation to, giving effect to Regulations 4, 9 and 10 of Annex IV.

4  Subsection 267ZG(1)

Omit “the Minister” (wherever occurring), substitute “the Authority”.

Note: The heading to section 267ZG is altered by omitting “(1973)”.

5  Subsection 267ZG(1)

Omit “(1973)”.

6  Subsection 267ZG(2)

Repeal the subsection, substitute:

 (2) If, after the survey of an Australian ship carried out by a survey authority, the survey authority is satisfied that the ship is constructed in accordance with the provisions of Annex IV, the survey authority may, whether or not the ship is required by Annex IV to be constructed in accordance with those provisions, issue in respect of the ship an International Sewage Pollution Prevention Certificate in the prescribed form attesting such compliance.

7  Section 267ZH

Omit “the Minister” (wherever occurring), substitute “the Authority”.

Note: The heading to section 267ZH is altered by omitting “(1973)”.

8  Section 267ZH

Omit “(1973)”.

9  Subsection 267ZJ(3)

Omit “the Minister” (wherever occurring), substitute “the Authority”.

10  At the end of paragraph 267ZJ(3)(a)

Add “or”.

11  At the end of paragraph 267ZJ(3)(b)

Add “or”.

12  Subsection 267ZJ(3)

Omit “under the Minister’s hand”.

13  Subsection 267ZJ(4)

Omit “the Minister” (wherever occurring), substitute “the Authority”.

14  Subsection 267ZJ(5)

Repeal the subsection, substitute:

 (5) If a sewage certificate issued in respect of an Australian ship is cancelled under this section, the Authority may:

 (a) require the certificate to be given to a specified person; and

 (b) detain the ship until the requirement is complied with.

 (6) The requirement under paragraph (5)(a) must be:

 (a) made by notice in writing; and

 (b) addressed to the owner, agent or master of the ship; and

 (c) served in accordance with the regulations.

15  At the end of section 267ZJ

Add:

 (7) Without limiting subsection (1) or (3), an Australian ship in respect of which a sewage certificate is in force must be taken to be damaged if the ship is unfit to proceed to sea without presenting an unreasonable threat of harm to the marine environment.

16  Section 267ZL

Repeal the section, substitute:

267ZL  Cancellation of sewage certificate if ship ceases to be an Australian ship

  A sewage certificate ceases to have effect if the ship in respect of which it was issued ceases to be an Australian ship.

17  Subsection 267ZQ(1)

Omit “the Minister” (wherever occurring), substitute “the Authority”.

18  At the end of paragraph 267ZQ(1)(a)

Add “or”.

19  At the end of paragraph 267ZQ(1)(b)

Add “or”.

20  Subsection 267ZQ(2)

Omit “The Minister”, substitute “The Authority”.

21  Subsection 267ZQ(2)

Omit “his or her”, substitute “its”.

22  Subsection 267ZQ(2)

Omit “the Minister”, substitute “the Authority”.

Protection of the Sea (Prevention of Pollution from Ships) Act 1983

23  Subparagraph 26D(1)(c)(i)

Omit “paragraphs (1)(a) and (b) of Regulation 8 and to Regulation 9”, substitute “Regulation 3 and to paragraph 1 of Regulation 11”.

24  Subparagraph 26D(3)(b)(i)

Omit “paragraphs (1)(a) and (b) of Regulation 8 and to Regulation 9”, substitute “Regulation 3 and paragraph 1 of Regulation 11”.

25  Subsection 26D(6)

Omit “but subject to subsection (9)”.

26  Paragraph 26D(6)(a)

Omit “Regulation 3”, substitute “paragraph 1.2 of Regulation 9”.

27  Paragraph 26D(6)(a)

Omit “4 nautical miles”, substitute “3 nautical miles”.

28  Subsection 26D(7)

Omit “but subject to subsection (9)”.

29  Subparagraph 26D(7)(a)(i)

Omit “Regulation 3”, substitute “paragraph 1.1 of Regulation 9”.

30  Subsection 26D(8)

Omit “but subject to subsection (9)”.

31  Subsection 26D(9)

Repeal the subsection.

 

 

 

[Minister’s second reading speech made in—

House of Representatives on 25 March 2003

Senate on 16 June 2003]

 

(26/03)

 

Overview

The Maritime Legislation Amendment (Prevention of Pollution from Ships) Act 2003 was enacted by the Parliament of Australia to address issues surrounding the prevention of pollution from ships, ensuring compliance with international standards and regulations. This Act serves as an amendment to existing maritime legislation, specifically targeting the Navigation Act 1912 and the Protection of the Sea (Prevention of Pollution from Ships) Act 1983. By updating definitions, modifying regulations, and introducing new provisions, the Act aims to bolster Australia's regulatory framework to effectively combat marine pollution and align with global environmental standards. The Act received Royal Assent on 26 June 2003 and commenced on 27 May 2004, with specific provisions phased in to ensure smooth implementation and compliance with the updated regulations.

Scope and Application

The Maritime Legislation Amendment (Prevention of Pollution from Ships) Act 2003 amends existing maritime legislation to enhance provisions for the prevention of pollution from ships, specifically targeting the Navigation Act 1912 and the Protection of the Sea (Prevention of Pollution from Ships) Act 1983. This Act applies to ships, their owners, operators, and any relevant authorities overseeing maritime activities within Australia's jurisdictional waters. It specifically addresses sewage management and the issuance and enforcement of certificates to ensure compliance with international maritime standards aimed at preventing pollution. The Act extends its jurisdiction to cover Australian ships both domestically and internationally, ensuring that they adhere to stringent pollution prevention regulations. While the Act is comprehensive in its amendments, it does not explicitly state any exclusions or exemptions, meaning that its provisions apply broadly across the specified maritime activities and entities unless otherwise defined in subordinate instruments. The Act is structured such that its provisions come into force at different times, with some sections effective from the day of Royal Assent and others aligned with specific commencement dates of related provisions in the amended Acts. This staggered approach ensures that amendments are implemented in a coordinated manner, aligning with the broader legislative changes. The Act may also extend its application through subordinate instruments, such as regulations and guidelines, which will provide further detail on enforcement mechanisms, compliance requirements, and other operational aspects of pollution prevention.

Key Provisions

The Maritime Legislation Amendment (Prevention of Pollution from Ships) Act 2003 (Act) amends the Navigation Act 1912 and the Protection of the Sea (Prevention of Pollution from Ships) Act 1983, introducing specific provisions aimed at preventing pollution from ships. The amendments modify definitions, regulatory references, and procedural requirements for compliance with international maritime regulations. For instance, it updates the definition of "sewage certificate" in the Navigation Act and specifies which regulations govern sewage discharges (sections 1-3, 5, 13, 16, 23, and 26). Additionally, the Act mandates that survey authorities, instead of the Minister, may issue International Sewage Pollution Prevention Certificates to Australian ships that comply with Annex IV of the International Convention for the Prevention of Pollution from Ships (MARPOL) (sections 4, 6, 7, 9, 14, and 17). It also details the procedures for cancelling sewage certificates and the detention of ships if necessary (sections 5 and 15). The Act imposes several obligations on parties, including the requirement for survey authorities to ensure that Australian ships comply with international regulations on sewage discharge and to issue appropriate certificates. Ship owners, agents, or masters must comply with the terms of any sewage certificate issued to their vessels and present the certificate when required. Furthermore, the Act requires that ships be deemed damaged if they are unfit to proceed to sea without presenting an unreasonable threat to the marine environment (section 15). Additionally, it mandates that a sewage certificate ceases to be effective if the ship in respect of which it was issued ceases to be an Australian ship (section 16). The Act includes provisions for offences and penalties for non-compliance. For instance, it allows for the detention of ships if their sewage certificates are cancelled and they fail to comply with requirements to surrender the certificates (section 5). Further, it stipulates that any person who fails to comply with the Act or any regulations made under it may be subject to civil or criminal penalties as prescribed by the relevant Acts. While the specific penalties are not detailed in the Act itself, they would be outlined in the primary legislation or regulations it amends. The penalties can include fines and, in severe cases, imprisonment, depending on the nature and severity of the offence.

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Area of Law
Environmental Law
Instrument
Act
Concepts
Commencement Provisions
Repeal & Amendment
Regulatory Standards

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.