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Protection of the Sea (Prevention of Pollution from Ships) Amendment Act 2002

Protection of the Sea (Prevention of Pollution from Ships) Amendment Act 2002

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Legislation au C2004A00941 In force Act

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Protection of the Sea (Prevention of Pollution from Ships) Amendment Act 2002

No. 4, 2002

An Act to amend the Protection of the Sea (Prevention of Pollution from Ships) Act 1983, and for related purposes

Contents

1 Short title...................................

2 Commencement...............................

3 Schedule(s)..................................

Schedule 1—Amendments

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

Protection of the Sea (Prevention of Pollution from Ships) Amendment Act 2002

No. 4, 2002

An Act to amend the Protection of the Sea (Prevention of Pollution from Ships) Act 1983, and for related purposes

[Assented to 4 April 2002]

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Protection of the Sea (Prevention of Pollution from Ships) Amendment Act 2002.

2 Commencement

(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.

Commencement information
Column 1	Column 2	Column 3
Provision(s)	Commencement	Date/Details
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table	The day on which this Act receives the Royal Assent	4 April 2002
2. Schedule 1, items 1 to 6	The day after the day on which this Act receives the Royal Assent	5 April 2002
3. Schedule 1, items 7 and 8	Immediately after item 92 of Schedule 3 to the International Maritime Conventions Legislation Amendment Act 2001 commences	27 May 2004
4. Schedule 1, items 9 and 10	The day after the day on which this Act receives the Royal Assent	5 April 2002

Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

(2) Column 3 of the table is for additional information that is not part of this Act. This information may be included in any published version of this Act.

3 Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendments

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

1 Paragraph 9(1)(c)

Repeal the paragraph, substitute:

(c) one of the following subparagraphs applies:

(i) the discharge occurs into the sea near a State, the Jervis Bay Territory or an external Territory and there is no law of that State or Territory that makes provision giving effect to Regulations 9 and 11 of Annex I to the Convention in relation to that sea;

(ii) the discharge occurs into the sea in the exclusive economic zone;

(iii) the discharge occurs into the sea beyond the exclusive economic zone and the ship is an Australian ship;

2 Paragraph 9(1B)(b)

Repeal the paragraph, substitute:

(b) one of the following subparagraphs applies:

(i) the discharge occurs into the sea near a State, the Jervis Bay Territory or an external Territory and there is no law of that State or Territory that makes provision giving effect to Regulations 9 and 11 of Annex I to the Convention in relation to that sea;

(ii) the discharge occurs into the sea in the exclusive economic zone;

(iii) the discharge occurs into the sea beyond the exclusive economic zone and the ship is an Australian ship;

3 Paragraph 21(1)(c)

Repeal the paragraph, substitute:

(c) one of the following subparagraphs applies:

(i) the discharge occurs into the sea near a State, the Jervis Bay Territory or an external Territory and there is no law of that State or Territory that makes provision giving effect to Regulations 3, 4, 5 and 6 of Annex II to the Convention in relation to that sea;

(ii) the discharge occurs into the sea in the exclusive economic zone;

(iii) the discharge occurs into the sea beyond the exclusive economic zone and the ship is an Australian ship;

4 Paragraph 21(1B)(b)

Repeal the paragraph, substitute:

(b) one of the following subparagraphs applies:

(i) the discharge occurs into the sea near a State, the Jervis Bay Territory or an external Territory and there is no law of that State or Territory that makes provision giving effect to Regulations 3, 4, 5 and 6 of Annex II to the Convention in relation to that sea;

(ii) the discharge occurs into the sea in the exclusive economic zone;

(iii) the discharge occurs into the sea beyond the exclusive economic zone and the ship is an Australian ship;

5 Paragraph 26AB(1)(c)

Repeal the paragraph, substitute:

(c) one of the following subparagraphs applies:

(i) the jettisoning occurs into the sea near a State, the Jervis Bay Territory or an external Territory and there is no law of that State or Territory that makes provision giving effect to Regulation 7 of Annex III to the Convention in relation to that sea;

(ii) the jettisoning occurs into the sea in the exclusive economic zone;

(iii) the jettisoning occurs into the sea beyond the exclusive economic zone and the ship is an Australian ship;

6 Paragraph 26AB(3)(b)

Repeal the paragraph, substitute:

(b) one of the following subparagraphs applies:

(i) the jettisoning occurs into the sea near a State, the Jervis Bay Territory or an external Territory and there is no law of that State or Territory that makes provision giving effect to Regulation 7 of Annex III to the Convention in relation to that sea;

(ii) the jettisoning occurs into the sea in the exclusive economic zone;

(iii) the jettisoning occurs into the sea beyond the exclusive economic zone and the ship is an Australian ship;

7 Paragraph 26D(1)(c)

Repeal the paragraph, substitute:

(c) one of the following subparagraphs applies:

(i) the discharge occurs into the sea near a State, the Jervis Bay Territory or an external Territory and there is no law of that State or Territory that makes provision giving effect to paragraphs (1)(a) and (b) of Regulation 8 and to Regulation 9 of Annex IV to the Convention in relation to that sea;

(ii) the discharge occurs into the sea in the exclusive economic zone;

(iii) the discharge occurs into the sea beyond the exclusive economic zone and the ship is an Australian ship;

8 Paragraph 26D(3)(b)

Repeal the paragraph, substitute:

(b) one of the following subparagraphs applies:

(i) the discharge occurs into the sea near a State, the Jervis Bay Territory or an external Territory and there is no law of that State or Territory that makes provision giving effect to paragraphs (1)(a) and (b) of Regulation 8 and to Regulation 9 of Annex IV to the Convention in relation to that sea;

(ii) the discharge occurs into the sea in the exclusive economic zone;

(iii) the discharge occurs into the sea beyond the exclusive economic zone and the ship is an Australian ship;

9 Paragraph 26F(1)(c)

Repeal the paragraph, substitute:

(c) one of the following subparagraphs applies:

(i) the disposal occurs into the sea near a State, the Jervis Bay Territory or an external Territory and there is no law of that State or Territory that makes provision giving effect to Regulations 3, 5 and 6 of Annex V to the Convention in relation to that sea;

(ii) the disposal occurs into the sea in the exclusive economic zone;

(iii) the disposal occurs into the sea beyond the exclusive economic zone and the ship is an Australian ship;

10 Paragraph 26F(3)(b)

Repeal the paragraph, substitute:

(b) one of the following subparagraphs applies:

(i) the disposal occurs into the sea near a State, the Jervis Bay Territory or an external Territory and there is no law of that State or Territory that makes provision giving effect to Regulations 3, 5 and 6 of Annex V to the Convention in relation to that sea;

(ii) the disposal occurs into the sea in the exclusive economic zone;

(iii) the disposal occurs into the sea beyond the exclusive economic zone and the ship is an Australian ship;

[Minister’s second reading speech made in—

House of Representatives on 20 February 2002

Senate on 13 March 2002]

Overview

The Protection of the Sea (Prevention of Pollution from Ships) Amendment Act 2002 was enacted by the Parliament of Australia to address the problem of marine pollution from ships by updating and aligning the existing Protection of the Sea (Prevention of Pollution from Ships) Act 1983 with international conventions. The amendment was introduced to ensure Australia's compliance with international maritime regulations and to enhance the protection of marine environments, particularly in areas where Australian jurisdiction applies. The objective of the Act was to provide a clearer legal framework for the prevention of pollution from ships by specifying conditions under which discharges and disposals are regulated. This includes instances where the discharge or disposal occurs in Australian waters or beyond, provided the ship is Australian, ensuring that the regulations are applied consistently in alignment with international standards.

Scope and Application

The Protection of the Sea (Prevention of Pollution from Ships) Amendment Act 2002 amends the Protection of the Sea (Prevention of Pollution from Ships) Act 1983, expanding its scope to ensure more robust measures against pollution caused by ships. This legislation applies to vessels that discharge or jettison pollutants into Australian waters, including near the States, the Jervis Bay Territory, and external Territories, as well as within Australia's exclusive economic zone and beyond. It specifically targets Australian ships operating in waters beyond the exclusive economic zone. The Act aims to align Australian laws with international maritime conventions by ensuring that discharges of various pollutants comply with the specified regulations. The amendments come into effect on different dates, with some provisions taking effect immediately upon Royal Assent on 4 April 2002, and others coming into force at later specified dates, including 5 April 2002 and 27 May 2004. The Act does not specify exclusions or exemptions but ensures that Australian laws are consistent with international obligations under the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter 1972. The application of this Act can be further defined and expanded through subordinate instruments, ensuring ongoing compliance with international standards and practices.

Key Provisions

The Protection of the Sea (Prevention of Pollution from Ships) Amendment Act 2002 (No. 4, 2002) amends the Protection of the Sea (Prevention of Pollution from Ships) Act 1983. The main operative sections of this Act are found in Schedule 1, which outlines amendments to the 1983 Act. Specifically, the amendments revise the conditions under which ships are prohibited from discharging oil, noxious substances, garbage, and other pollutants into the sea. These changes focus on the geographical location of the discharge and whether Australian law or the law of the relevant state or territory gives effect to specific regulations from the International Convention for the Prevention of Pollution from Ships (MARPOL). The Act imposes several obligations on the parties and entities it governs. Primarily, it requires ship operators to ensure that they comply with the new conditions specified for the discharge of pollutants into the sea. This involves ensuring that any discharge does not contravene the new geographical and legal criteria outlined in the amended provisions. For example, a discharge is prohibited if it occurs into the sea near a State, the Jervis Bay Territory, or an external Territory, and there is no law in that jurisdiction that gives effect to the relevant MARPOL regulations. Similarly, discharges into the sea in Australia's exclusive economic zone or beyond, if carried out by an Australian ship, are also prohibited unless local laws give effect to the MARPOL regulations. Failure to comply with the provisions of this Act can result in significant penalties. The 1983 Act already established strict penalties for breaches, and the amendments do not introduce new penalties but reinforce the existing framework. Specifically, the Act allows for both civil and criminal penalties for violations. Civil penalties can include fines up to the maximum limits prescribed by the 1983 Act, which can be substantial, depending on the severity and extent of the pollution. Criminal penalties may also apply, where the court can impose fines and/or imprisonment for serious breaches. The exact penalties depend on the specific offence and the discretion of the court, but they can be significant, reflecting the seriousness of marine pollution and the need to deter non-compliance.

Area of Law: Environmental Law
Instrument: Act
Concepts: Commencement Provisions; Regulatory Standards; Licensing & Registration

Interactions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.