Pollution of the Sea by Oil Regulations (Amendment)

Legislation au C1977L00185 Regulations Not in force Legislative Instrument

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Statutory Rules

1977 No. 185

REGULATIONS UNDER THE POLLUTION OF THE SEA BY OIL ACT 1960.*

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Pollution of the Sea by Oil Act 1960.

Dated this thirteenth day of October, 1977.

JOHN R. KERR

Governor-General.

By His Excellency’s Command,

PETER NIXON

Minister of State for Transport.

___________

 

Amendments of the Pollution of the Sea by Oil Regulations†

Commencement.

1. These Regulations shall come into operation on 20 January 1978.

Prevention of the entry of oil into the bilges of a ship.

2. Regulation 5 of the Pollution of the Sea by Oil Regulations is amended—

(a) by omitting from sub-regulation (1) the words “ ships registered in Australia ” and substituting the words “ Australian ships ”; and

(b) by omitting from sub-regulation (4) the words “ Five hundred pounds ” and substituting the figures “ $5,000 ”.

Oil record book.

3. Regulation 6 of the Pollution of the Sea by Oil Regulations is amended—

(a) by omitting from sub-regulation (1) the words “ ship registered in Australia ” and substituting the words “ Australian ship ”;

(b) by omitting from sub-regulation (2) the words “ the Second Schedule to these Regulations ” and substituting the words “ the Schedule ”;

(c) by omitting from sub-regulation (3) the words “ registered in Australia ”;

(d) by omitting from sub-regulation (3) the words “ Five hundred pounds ” and substituting the figures “ $5,000 ”;

(e) by omitting from paragraph (a) of sub-regulation (4) the words “ the Second Schedule to these Regulations ” and substituting the words “ the Schedule ”;

_________________________________________________________________________________

* Notified in the Commonwealth of Australia Gazette on 19 October 1977.

† Statutory Rules 1962, No. 90 as amended by Statutory Rules 1964, No. 108; 1965, No. 183; 1967, No. 82; 1974, No. 85; and 1975, No. 116.


(f) by omitting from paragraph (b) of sub-regulation (4) the word “ that ” and substituting the word “ the ”; and

(g) by omitting from sub-regulation (4) the words “ Five hundred pounds ” and substituting the figures “ $5,000 ”.

False entries in oil record book.

4. Regulation 7 of the Pollution of the Sea by Oil Regulations is amended by omitting the words “ Five hundred pounds ” and substituting the figures “ $5,000 ”.

Oil record book retained for 2 years.

5. Regulation 8 of the Pollution of the Sea by Oil Regulations is amended by omitting from sub-regulations (2) and (3) the words “ Five hundred pounds ” and substituting the figures “ $5,000 ”.

Schedule.

6. The Second Schedule to the Pollution of the Sea by Oil Regulations is repealed and the following Schedule substituted:—

SCHEDULE

Regulation 6

Form 1

 

OIL RECORD BOOK FOR TANKERS

Name of ship................................................................................................

Total cargo carrying capacity of ship in cubic metres........................................................................

(a) Loading of oil cargo

1. Date and place of loading

 

 

 

2. Types of oil loaded

 

 

 

3. Identity of tank(s) loaded

 

 

 

(b) Transfer of oil cargo during voyage

4. Date of transfer

 

 

 

5. Identity of tank(s)

i

From

 

 

 

ii

To

 

 

 

 

6. Was(were) tank(s) in 5 (i) emptied?

 

 

 


Schedule—continued

Form 1—continued

(c) Discharge of oil cargo

7. Date and place of discharge

 

 

 

8. Identity of tank(s) discharged

 

 

 

9. Was (were) tank(s) emptied?

 

 

 

(d) Ballasting of cargo tanks

10. Identity of tank(s) ballasted

 

 

 

11. Date and position of ship at start of ballasting

 

 

 

(e) Cleaning of cargo tanks

12. Identity of tank(s) cleaned

 

 

 

13. Date and duration of cleaning

 

 

 

14. Methods of cleaning*

 

 

 

(f) Discharge of dirty ballast

15. Identity of tank(s)

 

 

 

16. Date and position of ship at start of discharge to sea

 

 

 

17, Date and position of ship at finish of discharge to sea

 

 

 

18. Ship’s speed(s) during discharge

 

 

 

19. Quantity discharged to sea

 

 

 

20. Quantity of polluted water transferred to slop tank(s) (identify slop tank(s))

 

 

 

21. Date and port of discharge into shore reception facilities (if applicable)

 

 

 

* Hand hosing, machine washing or chemical cleaning. Where chemically cleaned, the chemical concerned and the amount used should be stated.


Schedule—continued

FORM 1—continued

(g) Discharge of water from slop tanks

22. Identity of slop tank((s)

 

 

 

23. Time of settling from last entry of residues, or

 

 

 

24. Time of settling from last discharge

 

 

 

25. Date, time and position of ship at start of discharge

 

 

 

26. Sounding of total contents at start of discharge

 

 

 

27. Sounding of interface at start of discharge

 

 

 

28. Bulk quantity discharged and rate of discharge

 

 

 

29. Final quantity discharged and rate of discharge

 

 

 

30. Date, time and position of ship at end of discharge

 

 

 

31. Ship’s speed(s) during discharge

 

 

 

32. Sounding of interface at end of discharge

 

 

 

(h) Disposal of residues

33. Identity of tank(s)

 

 

 

34. Quantity disposed from each tank

 

 

 

35. Method of disposal of residue:

 

 

 

(a) Reception facilities

 

 

 

(b) Mixed with cargo

 

 

 

(c) Transferred to another (other) tank(s) (identify tank(s))

 

 

 

(d) Other method

 

 

 

36. Date and port of disposal of residue

 

 

 

(i) Discharge overboard of bilge water containing oil which has accumulated in machinery spaces (including pump rooms) whilst in port*

37. Port

 

 

 

38. Duration of stay

 

 

 

39. Quantity disposed

 

 

 

40. Date and place of disposal

 

 

 

41. Method of disposal (state whether a separator was used)

 

 

 

_________________________________________________________________________________

* The routine discharge at sea of bilge water containing any oil machinery spaces including pump room bilges need not be entered in the oil record book but, if not, it must be entered in the appropriate log book, stating whether or not the discharge was made through a separator. Where the pump starts automatically and discharges through a separator at all times it will be sufficient to enter each day “ Automatic discharge from bilges through separator ”.


Schedule—continued

Form 1—continued

(i) Accidental or other exceptional discharges of oil

42. Date and time of occurrence

 

 

 

43. Place or position of ship at time of occurrence

 

 

 

44. Approximate quantity and type of oil

 

 

 

45. Circumstances of discharge or escape and general remarks

 

 

 

...................................................Signature of Officer or Officers in

charge of operation concerned

...................................................Signature of Master

Form 2

OIL RECORD BOOK FOR SHIPS OTHER THAN TANKERS

Name of ship...................................................................

(a) Ballasting or cleaning of bunker fuel tanks

1. Identity of tank(s) ballasted

 

 

 

2. Whether cleaned since they last contained oil and, if not, type of oil previously carried

 

 

 

3. Date and position of ship at start of cleaning

 

 

 

4. Date and position of ship at start of ballasting

 

 

 

(b) Discharge of dirty ballast or cleaning water from tanks referred to under (a)

5. Identity of tank(s)

 

 

 

6. Date and position of ship at start of discharge

 

 

 

7. Date and position of ship at finish of discharge

 

 

 

8. Ship’s speed(s) during discharge

 

 

 

9. Method of discharge (state whether separator used)

 

 

 

10. Quantity discharged

 

 

 

(c) Disposal of residues

11. Quantity of residue retained on board

 

 

 

12. Methods of disposal of residue:

 

 

 

(a) reception facilities

 

 

 

(b) mixed with next bunkering

 

 

 

(c) transferred to another (other) tank(s)

 

 

 

13. Date and port of disposal of residue

 

 

 


Schedule—continued

Form 2—continued

(d) Discharge overboard of bilge water containing oil which has accumulated in machinery spaces whilst in port*

14. Port

 

 

 

15. Duration of stay

 

 

 

16. Quantity disposed

 

 

 

17. Date and place of disposal

 

 

 

18. Method of disposal (state whether separator was used)

 

 

 

(e) Accidental or other exceptional discharges of oil

19. Date and time of occurrence

 

 

 

20. Place or position of ship at time of occurrence

 

 

 

21. Approximate quantity and type of oil

 

 

 

22. Circumstances of discharge or escape and general remarks

 

 

 

...................................................Signature of Officer or Officers in

charge of operations concerned

...................................................Signature of Master

_________________________________________________________________________________

* The routine discharge at sea of bilge water containing any oil from machinery spaces need not be entered in the oil record book but, if not, it must be entered in the appropriate log book, stating whether or not the discharge was made  through a separator. Where the pump starts automatically and discharges through a separator at all times it will be sufficient to enter each day “Automatically discharge from bilges through a separator”.

 

Overview

The Pollution of the Sea by Oil Act 1960 was enacted to address the issue of oil pollution in Australian waters. The Act, enacted by the Australian Parliament, seeks to prevent and manage the pollution of the sea by oil, particularly from ships, in order to protect the marine environment and coastal areas. In line with this policy objective, Statutory Rules 1977 No. 185, being the Pollution of the Sea by Oil Regulations, were made under the Act. These Regulations, which came into operation on 20 January 1978, were amended to update the penalties for various oil-related offences and to modify the requirements for oil record books for Australian ships. The Regulations mandate the use of detailed oil record books for tankers and other ships, ensuring comprehensive documentation of oil-related activities to enhance accountability and environmental protection.

Scope and Application

These Regulations, made under the Pollution of the Sea by Oil Act 1960, apply to Australian ships, with amendments that affect the scope of the original regulations concerning the prevention of oil pollution from ships. The Regulations specifically pertain to the entry of oil into the bilges of ships, the maintenance and retention of oil record books, the penalties for false entries in these books, and the period for which these records must be retained. The Regulations extend to all Australian ships, encompassing various maritime activities including the loading, transfer, discharge, and cleaning of oil cargoes, as well as the management of bilge water and residues. The amendments adjust the fines for non-compliance and update the oil record book requirements, including the forms to be used for tankers and non-tanker ships. The Regulations have a national scope, applying throughout Australian waters and to all maritime operations conducted by Australian ships, regardless of location. There are no exclusions or exemptions specified in these Regulations, and they supersede previous versions, effective from 20 January 1978. The Regulations can be further extended or modified through subordinate instruments as necessary to address evolving maritime practices and environmental concerns.

Key Provisions

The main operative sections of the Pollution of the Sea by Oil Regulations 1977 (Statutory Rules 1977 No. 185) amend the existing regulations under the Pollution of the Sea by Oil Act 1960. Specifically, Regulation 5 is amended to change the term "ships registered in Australia" to "Australian ships" in relation to the prevention of oil entering ship bilges (reg 2(a)). Additionally, the financial penalty for breaches is increased from £500 to $5,000 (reg 2(b)). Regulation 6, concerning oil record books, is similarly amended to replace "ship registered in Australia" with "Australian ship" (reg 3(a)), and the penalty for non-compliance is increased from £500 to $5,000 (reg 3(d), 3(f), 3(g)). Regulation 7, which pertains to false entries in oil record books, and Regulation 8, which requires oil record books to be retained for two years, also see their penalties increased from £500 to $5,000 (reg 4, 5). The Second Schedule is repealed and replaced with a new schedule detailing the required entries in the oil record book. These regulations impose specific obligations on Australian ships to prevent the entry of oil into ship bilges, maintain accurate oil record books, and retain these records for two years. Owners and operators of Australian ships must ensure that oil is not allowed to enter the bilges and must accurately record all relevant activities related to the loading, transfer, discharge, and cleaning of oil and ballast water. This includes documenting the details of each operation, such as dates, locations, types of oil, and methods of cleaning or disposal. Failure to comply with these regulations can result in significant penalties. Specifically, any person who contravenes the amended provisions regarding the prevention of oil entering bilges, the maintenance of oil record books, the retention of these books, and the making of false entries can be fined up to $5,000 (regs 2, 3, 4, 7). These penalties serve as a deterrent against non-compliance and ensure that ships operating under Australian jurisdiction adhere to strict standards for preventing marine pollution by oil.

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