Protection of the Sea (Prevention of Pollution from Ships) Amendment Act 1986

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Protection of the Sea (Prevention of Pollution from Ships) Amendment Act 1986

No. 81 of 1986

 

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

[Assented to 24 June 1986]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title, &c.

1. (1) This Act may be cited as the Protection of the Sea (Prevention of Pollution from Ships) Amendment Act 1986.

(2) The Protection of the Sea (Prevention of Pollution from Ships) Act 19831 is in this Act referred to as the Principal Act.

Commencement

2. (1) Sections 1 and 2 shall come into operation on the day on which this Act receives the Royal Assent.

(2) The remaining provisions of this Act shall come into operation on such respective dates as are fixed by Proclamation.


Interpretation

3. Section 3 of the Principal Act is amended—

(a) by inserting after the definition of “master” in sub-section (1) the following definition:

“ ‘State’ includes the Northern Territory;”; and

(b) by inserting after sub-section (1) the following sub-sections:

“(1a) A reference in this Act to the sea near a State shall be read as a reference to—

(a) the territorial sea of Australia adjacent to the State; and

(b) the sea on the landward side of the territorial sea of Australia adjacent to the State.

“(1b) A reference in this Act to the sea near an external Territory shall be read as a reference to—

(a) the territorial sea adjacent to the Territory; and

(b) the sea on the landward side of the territorial sea adjacent to the Territory.”.

Act to bind Crown

4. Section 4 of the Principal Act is amended by omitting from sub-section (1) “, of the Northern Territory”.

5. Section 5 of the Principal Act is repealed and the following section is substituted:

Saving of other laws

“5. (1) This Act shall be read and construed as being in addition to, and not in derogation of or in substitution for, any other law of the Commonwealth.

“(2) This Act, other than sections 9, 11, 21 and 22, shall be read and construed as being in addition to, and not in derogation of or in substitution for, any law of a State or of an external Territory.”.

Prohibition of discharge of oil or oily mixtures into sea

6. Section 9 of the Principal Act is amended—

(a) by inserting in sub-section (1) “(1a), (1b),” after “sub-sections”;

(b) by omitting from sub-section (1) “an Australian ship” and substituting “a ship”;

(c) by inserting after sub-section (1) the following sub-sections:

“(1a) Sub-section (1) does not apply in relation to the sea near a State or an external Territory to the extent that a law of that State or Territory makes provision giving effect to Regulations 9 and 11 of Annex I to the Convention in relation to that sea.

“(1b) Sub-section (1) does not apply to the discharge of oil or of an oily mixture from a foreign ship unless the discharge occurs in the sea near a State or an external Territory.”;


(d) by omitting paragraphs (2) (a) and (b); and

(e) by inserting in sub-section (6) “(1a), (1b),” after “sub-section” (second occurring).

Oil residues

7. Section 10 of the Principal Act is amended by omitting from sub-section (1) “the Northern Territory” and substituting “an external Territory”.

Duty to report certain incidents involving oil or oily mixture

8. Section 11 of the Principal Act is amended—

(a) by inserting before sub-section (1) the following sub-sections:

“(1a) This section does not apply in relation to prescribed incidents that occur in the sea near a State or an external Territory to the extent that a law of that State or Territory makes provision giving effect to Protocol I to the Convention in relation to those prescribed incidents.

“(1b) This section does not apply in relation to a prescribed incident that occurs in relation to a foreign ship unless the incident occurs in the sea near a State or an external Territory.”;

(b) by omitting from sub-section (1) “an Australian ship” and substituting “a ship”;

(c) by omitting from sub-section (3) “an Australian ship” and substituting “a ship”; and

(d) by omitting from the definition of “prescribed incident” in sub-section (10) all the words after “would apply”.

Prohibition of discharge of substances into sea

9. Section 21 of the Principal Act is amended—

(a) by omitting from sub-section (1) “sub-section (2)” and substituting “sub-sections (1a), (1b) and (2)”;

(b) by omitting from sub-section (1) “an Australian ship” and substituting “a ship”;

(c) by inserting after sub-section (1) the following sub-sections:

“(1a) Sub-section (1) does not apply in relation to the sea near a State or an external Territory to the extent that a law of that State or Territory makes provision giving effect to Regulations 3, 4, 5 and 6 of Annex II to the Convention in relation to that sea.

“(1b) Sub-section (1) does not apply to the discharge of a liquid substance or mixture from a foreign ship unless the discharge occurs in the sea near a State or an external Territory.”;

(d) by omitting paragraphs (2) (a) and (b); and

(e) by inserting in sub-section (14) “(1a), (1b),” after “sub-section” (second occurring).


Duty to report certain incidents involving certain substances

10. Section 22 of the Principal Act is amended—

(a) by inserting before sub-section (1) the following sub-sections:

“(1a) This section does not apply in relation to prescribed incidents that occur in the sea near a State or an external Territory to the extent that a law of that State or Territory makes provision giving effect to Protocol I to the Convention in relation to those prescribed incidents.

“(1b) This section does not apply in relation to a prescribed incident that occurs in relation to a foreign ship unless the incident occurs in the sea near a State or an external Territory.”;

(b) by omitting from sub-section (1) “an Australian ship” and substituting “a ship”;

(c) by omitting from sub-section (3) “an Australian ship” and substituting “a ship”; and

(d) by omitting from the definition of “prescribed incident” in sub-section (10) all the words after “would apply”.

Regulations

11. Section 33 of the Principal Act is amended by omitting from sub-section (2) “the Northern Territory” and substituting “of an external Territory”.

 

NOTE

1. No. 41, 1983, as amended. For previous amendments, see No. 72, 1984; and No. 65, 1985.

[Minister’s second reading speech made in—

House of Representatives on 19 February 1986

Senate on 20 March 1986]

Overview

The Protection of the Sea (Prevention of Pollution from Ships) Amendment Act 1986 was enacted to address gaps in the existing maritime pollution prevention framework by updating and expanding the scope of the original Protection of the Sea (Prevention of Pollution from Ships) Act 1983. This amendment was introduced by the Commonwealth Parliament to better align Australia's maritime pollution laws with international conventions and to extend the regulatory reach to include all ships, not just Australian ones, operating within Australian waters. The policy objective of this Act is to ensure comprehensive protection of Australian waters from pollution caused by ships, harmonising state and federal laws to provide a unified approach to pollution prevention and incident reporting. This Act serves to reinforce Australia’s commitment to environmental protection and compliance with international maritime regulations by updating definitions, expanding the scope of prohibited discharges, and modifying reporting requirements for incidents involving oil or other harmful substances.

Scope and Application

The Protection of the Sea (Prevention of Pollution from Ships) Amendment Act 1986 amends the Protection of the Sea (Prevention of Pollution from Ships) Act 1983, extending its scope to include the Northern Territory and external Territories within the definition of the sea near a State or Territory. This Act applies to all ships, both domestic and foreign, operating in Australian waters, prohibiting the discharge of oil, oily mixtures, and other substances into the sea unless permitted by specific State or Territory laws or if the discharge occurs in the sea near a State or an external Territory. The Act also imposes duties on ship operators to report certain incidents involving oil or oily mixtures and other substances, though these duties are exempted if corresponding provisions are made by State or Territory laws. The Act binds the Crown and operates in addition to other Commonwealth, State, and Territory laws, with certain exceptions noted in the text. Subordinate instruments may further extend or restrict the application of this Act.

Key Provisions

The Protection of the Sea (Prevention of Pollution from Ships) Amendment Act 1986 (C2004A03322) amends the Protection of the Sea (Prevention of Pollution from Ships) Act 1983. The main operative sections of this amendment Act include the prohibition of the discharge of oil or oily mixtures into the sea (section 9), the prohibition of the discharge of substances into the sea (section 21), and the duty to report certain incidents involving oil or oily mixtures and certain substances (sections 11 and 22). These sections modify the Principal Act by expanding the scope of the legislation to include all ships, not just Australian ships, and adjusting the territorial application of the Act to include both State and external Territory waters. The Act imposes several obligations and requirements on parties or entities it governs. Firstly, it mandates that any ship, whether foreign or Australian, must comply with the provisions regarding the prohibition of oil and oily mixtures discharge (section 9), substances discharge (section 21), and reporting incidents involving these substances (sections 11 and 22). It also requires that these provisions do not apply to the extent that State or Territory laws already give effect to certain international regulations and protocols, particularly for incidents occurring in State or external Territory waters. Additionally, the Act stipulates that it should be read and construed in addition to, and not in derogation of or in substitution for, any other law of the Commonwealth, State, or external Territory (section 5). The Act also delineates specific offences, penalties, or civil/criminal consequences for breaches. While the Act itself does not explicitly state the penalties for non-compliance, the Principal Act it amends does outline penalties for breaches of its provisions. Under the Principal Act, penalties can include fines and imprisonment. For example, for the discharge of oil or oily mixtures, the penalty can be a fine of up to 500 penalty units and/or imprisonment for up to two years (section 9). Similar penalties apply for breaches related to the discharge of substances and failure to report incidents. These penalties underscore the seriousness with which the Act treats the prevention of marine pollution and the importance of compliance with its provisions.

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Environmental Law
Instrument
Act
Concepts
Definitions & Interpretation
Commencement Provisions
Repeal & Amendment
Prohibited Conduct
Reporting & Disclosure Obligations

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