EXPLANATORY STATEMENT
STATUTORY RULES NO. 66 OF 1987
ISSUED BY AUTHORITY OF THE MINISTER OF STATE FOR TRANSPORT
NAVIGATION ACT 1912
NAVIGATION (PROTECTION OF THE SEA) REGULATIONS (AMENDMENT)
Sub-section 425(1) of the Navigation Act 1912 (the Act) provides, in part, that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters which by the Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act. The Navigation (Protection of the Sea) Regulations (Amendment) are to be made pursuant to that sub-section.
The Protection of the Sea (Prevention of Pollution from Ships) Regulations (the Principal Regulations) are to commence in conjunction with the entry into force for Australia of the International Convention for the Prevention of Pollution from Ships, 1973 as amended by the Protocol of 1978 known as MARPOL 73/78. The Principal Regulations and these Regulations were made under section 4 of the Acts Interpretation Act 1901 which provides that regulations may be made as if the Act had come into operation. Neither the Principal Regulations nor these Regulations can come into effect until the parent Act comes into operation. This will occur 3 calendar months following the lodgement of Australia’s instrument of ratification, which is expected during 1987.
The Regulations specify matters relating to the service of a notice upon the owner, agent or master of a ship for the purposes of compliance with Annex II of MARPOL 73/78, which deals with the prevention of pollution from ships carrying noxious liquid substances in bulk.
Details of the Regulations are set out in the Attachment.
ATTACHMENT
EXPLANATORY STATEMENT
NAVIGATION (PROTECTION OF THE SEA) REGULATIONS (AMENDMENT)
DETAILS OF REGULATIONS
Regulation 1 formally identifies the Principal Regulations which are amended by the Regulations.
Regulations 2 and 3 amend regulations 3 and 4 respectively of the Principal Regulations to specify the method of service upon the owner, agent or master of an Australian ship of a notice relating to the cancellation and delivery up of a chemical tanker construction certificate and the service of directions to a foreign (non-Australian) ship which is subject to the provisions of Annex II of the International Convention for the Prevention of Pollution from Ships, 1973.
In addition, the words “appears to be” are omitted from regulations 3 and 4 of the Principal Regulations and substituted by the words “is, or is reasonably believed to be”. These amendments require a more objective and hence more reliable assessment of who is a proper person to take custody of such notices and are inserted after advice offered by the Senate Standing Committee on Regulations and Ordinances.
Overview
The Navigation (Protection of the Sea) Regulations (Amendment) 1987 were introduced to align Australian maritime law with the International Convention for the Prevention of Pollution from Ships, 1973, as amended by the Protocol of 1978 (MARPOL 73/78). Enacted by the Parliament of Australia, these regulations seek to address the problem of marine pollution caused by noxious liquid substances carried by ships. They amend the Protection of the Sea (Prevention of Pollution from Ships) Regulations to specify the method of serving notices to ship owners, agents, or masters, focusing on the compliance with Annex II of MARPOL 73/78. These amendments aim to ensure that notices are served to the appropriate parties, thereby facilitating better enforcement of the pollution prevention provisions. The regulations will come into effect three months after the ratification of MARPOL 73/78 by Australia, thereby formalising Australia’s commitment to international environmental standards.
Scope and Application
The Navigation (Protection of the Sea) Regulations (Amendment) are made under the Navigation Act 1912, providing authority to the Governor-General to issue regulations that are necessary or convenient to implement the Act, specifically concerning the protection of the sea from pollution by ships. These regulations are designed to align with the International Convention for the Prevention of Pollution from Ships, 1973, as amended by the Protocol of 1978 (MARPOL 73/78), particularly Annex II, which pertains to the prevention of pollution from ships carrying noxious liquid substances in bulk. The regulations apply to the owners, agents, or masters of ships, both Australian and foreign, and are intended to ensure compliance with international maritime pollution prevention standards. The regulations specify the method of serving notices to ship owners, agents, or masters, and detail the conditions under which these notices can be served, aiming to ensure a more objective assessment of the proper recipients of such notices. The regulations will come into effect three months after the lodgement of Australia’s instrument of ratification of the MARPOL 73/78, expected in 1987.
Key Provisions
The Navigation (Protection of the Sea) Regulations (Amendment) are made under section 425(1) of the Navigation Act 1912 and are designed to align with the International Convention for the Prevention of Pollution from Ships, 1973, as amended by the Protocol of 1978 (MARPOL 73/78). These Regulations specifically focus on Annex II of MARPOL 73/78, which addresses the prevention of pollution from ships carrying noxious liquid substances in bulk. Regulation 1 identifies the Principal Regulations that are amended by these Regulations. Regulations 2 and 3 modify the Principal Regulations, specifically altering the method of service for notices to the owner, agent, or master of a ship. This amendment ensures that these notices are effectively delivered and received.
The obligations imposed by these Regulations primarily concern the service of notices related to compliance with MARPOL 73/78's Annex II. Regulation 2 mandates the method of service for notices to Australian ship owners, agents, or masters, ensuring they are informed about the cancellation of a chemical tanker construction certificate and any directions issued under Annex II. Similarly, Regulation 3 outlines the service of these notices to foreign ships operating within Australian waters. These notices are critical for ensuring compliance with international pollution prevention standards.
The Regulations impose specific obligations on ship owners, agents, and masters to receive and act upon notices served under these Regulations. Failure to comply with the service requirements or to respond appropriately to the notices can lead to significant consequences. Although the explanatory statement does not detail specific offences or penalties, it is reasonable to infer that non-compliance could result in enforcement actions under the Navigation Act 1912 or related maritime regulations. Given the importance of preventing marine pollution, penalties could include fines or other sanctions that align with the severity of the non-compliance.