Protection of the Sea Legislation Amendment Act 2018

Overview

The Protection of the Sea Legislation Amendment Act 2018 was enacted by the Parliament of Australia to amend the existing laws concerning the protection of the sea, specifically targeting the prevention of pollution from ships. The Act received Royal Assent on 22 May 2018 and various provisions commenced on 23 May 2018. This legislation seeks to address the need for updated regulations to ensure the safety of marine environments by imposing stricter requirements on ship operators, including the need for written declarations regarding the nature and potential environmental impact of certain cargo residues. The policy objective is to enhance the environmental safeguards provided by the original acts, thereby better protecting Australia's marine ecosystems from pollution.

Scope and Application

The Protection of the Sea Legislation Amendment Act 2018 amends existing Australian legislation to enhance the protection of the marine environment from pollution caused by ships. This Act applies to ships and their masters, and to the entities responsible for the discharge of garbage from ships, within the Commonwealth jurisdiction. The amendments introduced by this Act primarily affect the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 by adding specific requirements for the handling of solid bulk cargo residues. These amendments apply to the discharge of such residues from ships on or after the commencement of the amendments. Additionally, the Act amends the Protection of the Sea (Shipping Levy Collection) Act 1981 to change the method of delivering certain notices to ship masters from a prescribed notice to a written notice. The Act extends its application through subordinate instruments such as regulations and orders, which can incorporate existing instruments even if those instruments do not exist at the time of the regulation or order's operation.

Key Provisions

The Protection of the Sea Legislation Amendment Act 2018 primarily amends two key pieces of legislation: the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 and the Protection of the Sea (Shipping Levy Collection) Act 1981. Section 1 of Schedule 1 amends the Prevention of Pollution from Ships Act by introducing a requirement for the master of a ship to have a written declaration from the shipper if the cargo residues are solid bulk cargoes (excluding grain). This declaration must state that the solid bulk cargoes have been classified according to the criteria in Appendix I of Annex V to the International Convention for the Prevention of Pollution from Ships and are not harmful to the marine environment. Section 2 further amends the Act to impose a similar requirement when the garbage in question is contained in cargo hold wash water. Section 3 updates a reference in the Act, changing "subparagraph 1.2.3" to "subparagraph 1.2.5". Section 4 allows regulations to apply, adopt, or incorporate provisions from instruments or documents that may not exist when the regulations come into force, with modifications if necessary. Sections 5 and 6 streamline the legislative process by removing the requirement for provisions to be made pursuant to regulations, while Section 7 ensures that orders can similarly adopt provisions from instruments or documents that may not exist at the time of the order's operation. The amended acts impose specific obligations on parties involved in maritime activities. Under the amended Prevention of Pollution from Ships Act, masters of ships must ensure they have a written declaration from shippers for certain types of solid bulk cargoes, confirming the cargoes' classification and their non-harmful nature. These amendments are intended to enhance the regulation and oversight of maritime pollution by ensuring that only non-harmful solid bulk cargoes are transported and discharged. The Shipping Levy Collection Act now requires written notice to be given to ship masters regarding certain shipping levies, replacing the previous method of notice by prescribed manner. This change aims to provide clearer and more formal communication regarding shipping levies. The Protection of the Sea Legislation Amendment Act 2018 also outlines potential consequences for non-compliance with its provisions. While the Act itself does not specify penalties, breaches of the amended Prevention of Pollution from Ships Act could lead to substantial fines and imprisonment. The original Act provides for penalties including fines of up to $330,000 for individuals and $1.65 million for corporations, along with imprisonment terms of up to five years for serious offences. Non-compliance with the shipping levy requirements under the amended Shipping Levy Collection Act could result in fines and other civil penalties as stipulated in the original Act. The Act’s amendments aim to reinforce the legal framework protecting the marine environment from pollution while ensuring compliance through clear and enforceable obligations.