Protection of the Sea (Powers of Intervention) Regulations (Amendment)

Overview

The Protection of the Sea (Powers of Intervention) Regulations (Amendment) 1991 No. 332 was enacted to update the regulatory framework under the Protection of the Sea (Powers of Intervention) Act 1981 in light of the establishment of the Australian Maritime Safety Authority (AMSA) pursuant to the Australian Maritime Safety Authority Act 1990. This legislative amendment was necessary to ensure that the regulatory provisions align with the new administrative structure, whereby AMSA has assumed responsibility for marine pollution prevention functions previously carried out by the Department. The regulations were issued under the authority of the Minister for Shipping and Aviation Support and aim to streamline the regulatory processes by transferring the relevant powers and responsibilities from the Minister, the Department, or specific officers of the Department to the AMSA and its officers. This amendment ensures the continuity of regulatory oversight and enforcement mechanisms concerning marine pollution while adapting to the new administrative landscape.

Scope and Application

The Protection of the Sea (Powers of Intervention) Regulations (Amendment) 1991 applies to the Australian Maritime Safety Authority, its officers, and any entities or persons engaged in activities that may cause marine pollution in Australian waters. The Act provides the Authority with powers to intervene and issue orders to prevent or mitigate marine pollution, thereby extending its jurisdictional reach to all maritime activities within Australia's territorial sea, the contiguous zone, the continental shelf, and the exclusive economic zone. The regulations amend previous provisions to reflect the transfer of powers from the Department to the Authority, following the establishment of the Authority under the Australian Maritime Safety Authority Act 1990. While the regulations primarily streamline administrative references, they do not alter the substantive provisions of the existing regulations. Notably, any orders made under the Act remain subject to disallowance under section 46A of the Acts Interpretation Act 1901.

Key Provisions

The main operative sections of the Protection of the Sea (Powers of Intervention) Regulations (Amendment) 1991 (No. 332) pertain to the reassignment of functions and powers related to marine pollution prevention from the Department to the Australian Maritime Safety Authority (AMSA). Specifically, section 23 of the Protection of the Sea (Powers of Intervention) Act 1981 empowers the Governor-General to make regulations for the purposes of the Act, and these regulations have been amended to transfer the order-making power from the Minister and Department to the Authority, as per the Australian Maritime Safety Authority Act 1990. This shift was necessitated by the establishment of AMSA, which assumed the Department’s functions regarding marine pollution prevention from 1 January 1991. The regulations also update references in the existing regulations to reflect this change, ensuring that all references to the Minister, Department, or Department officers are replaced with references to AMSA or its officers. These regulations impose obligations on AMSA and its officers, primarily involving the enforcement and administration of the Protection of the Sea (Powers of Intervention) Act 1981. AMSA is now responsible for making orders concerning matters related to the definition of "noxious substance" as outlined in section 10(8) of the Act. This includes the authority to intervene and take necessary actions to prevent marine pollution, which may involve issuing orders to vessels or persons suspected of causing or likely to cause pollution. The regulations also maintain that any orders made by AMSA remain disallowable instruments under section 46A of the Acts Interpretation Act 1901, meaning they can be subject to disallowance by either House of the Parliament. The regulations include provisions for penalties and consequences in the event of a breach. While the specific penalties are not detailed within the explanatory statement, the general framework provided by the Act and the existing regulations suggests that violations could result in civil or criminal penalties. These could include fines, imprisonment, or both, depending on the severity of the breach and the discretion of the court. The maximum penalties would be determined based on the specific provisions of the Act and any related legislation, but the implication is that there are substantial consequences for non-compliance with the regulations aimed at protecting the sea from pollution.