EXPLANATORY STATEMENT
Select Legislative Instrument 2009 No. 27
Issued under the authority of the Minister for Infrastructure, Transport, Regional Development and Local Government
Protection of the Sea (Prevention of Pollution from Ships) Act 1983
Protection of the Sea (Prevention of Pollution from Ships) (Orders) Amendment Regulations 2009 (No. 1)
The Protection of the Sea (Prevention of Pollution from Ships) Act 1983 (the POTS Act) implements in Australia the International Convention for the Prevention of Pollution from Ships which is intended to prevent the pollution of the marine environment by ships.
Subsection 33(1) of the POTS Act provides that the Governor‑General may make regulations, not inconsistent with the Act, prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Section 34 of the POTS Act provides that the Australian Maritime Safety Authority may make orders with respect to any matter for or in relation to which provision may be made by regulations, other than the imposition of penalties.
The Protection of the Sea Legislation Amendment Act 2008 amended paragraph 33(1)(f) of the POTS Act to increase the maximum penalty that may be prescribed for a contravention of a provision of the regulations or of any of the orders made under section 34 from 30 penalty units to 50 penalty units.
Regulation 4 of the Principal Regulations previously prescribed a penalty of 20 penalty units or, in the case of a body corporate, 50 penalty units for a breach of a provision of an order that is expressed to be a penal provision. The amending regulations increased that penalty to 50 penalty units, the maximum permitted under the amended paragraph 33(1)(f) of the POTS Act.
The amending Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.
No formal consultation was undertaken in relation to these amendments as they are of a minor or machinery nature and do not substantially alter existing arrangements.
The amending Regulations commenced on the day after they were registered on the Federal Register of Legislative Instruments.
Overview
The Protection of the Sea (Prevention of Pollution from Ships) (Orders) Amendment Regulations 2009 (No. 1) were enacted to amend the existing regulations under the Protection of the Sea (Prevention of Pollution from Ships) Act 1983. This legislation aims to align Australian regulations with the International Convention for the Prevention of Pollution from Ships, ensuring that Australia meets its international obligations to prevent marine pollution. These amendments were introduced by the Parliament of Australia and were intended to increase the maximum penalties for breaches of regulations or orders, reflecting a policy objective to enhance compliance and enforcement against pollution caused by ships.
The amendments were made under the authority of the Minister for Infrastructure, Transport, Regional Development and Local Government, and were implemented to increase the maximum penalty for contraventions of provisions in the regulations or orders from 30 to 50 penalty units, as authorised by the Protection of the Sea Legislation Amendment Act 2008. The regulations were issued without formal consultation as they were considered minor and procedural, not affecting the substance of existing arrangements. These amendments commenced on the day following their registration on the Federal Register of Legislative Instruments.
Scope and Application
The Protection of the Sea (Prevention of Pollution from Ships) (Orders) Amendment Regulations 2009 (No. 1) is a legislative instrument that amends the existing regulations under the Protection of the Sea (Prevention of Pollution from Ships) Act 1983. The Act itself implements the International Convention for the Prevention of Pollution from Ships within Australia, with the aim of preventing marine pollution caused by ships. The regulations provide a framework for the enforcement of this Act, with the Australian Maritime Safety Authority having the authority to issue orders in accordance with the provisions of the Act. The amending regulations specifically increase the maximum penalty for contravening the provisions of any orders made under the Act from 20 penalty units to 50 penalty units, aligning with the increased maximum penalty permitted under the amended legislation. These regulations apply to any person or body corporate subject to the POTS Act, which includes any ship or entity involved in shipping activities within Australian waters. The jurisdiction of the Act extends to Commonwealth waters, including territorial seas, the Exclusive Economic Zone, and the continental shelf. The amending regulations are considered minor and do not require formal consultation as they do not substantially alter existing arrangements. They came into effect on the day after their registration on the Federal Register of Legislative Instruments.
Key Provisions
The Protection of the Sea (Prevention of Pollution from Ships) (Orders) Amendment Regulations 2009 (No. 1) introduces amendments to existing regulations under the Protection of the Sea (Prevention of Pollution from Ships) Act 1983. Specifically, Regulation 4 of the Principal Regulations has been altered to increase the penalty for breaching a penal provision of an order. Under the original regulation, the penalty was 20 penalty units for individuals and 50 penalty units for bodies corporate. The amendment raises this penalty to 50 penalty units for both categories, aligning it with the maximum penalty prescribed by the POTS Act.
These amendments place specific obligations on the parties and entities governed by the POTS Act. Any individual or body corporate that breaches a penal provision of an order made under the Act now faces a penalty of 50 penalty units. This requirement ensures compliance with the stringent standards set forth to prevent marine pollution from ships. It mandates adherence to the regulations and orders that are essential for maintaining the ecological integrity of the marine environment.
The legislation also delineates the consequences for non-compliance with the amended provisions. Any individual or body corporate found in breach of the new penalty provisions is liable to the increased fines. The maximum penalty of 50 penalty units represents a significant deterrent designed to enforce adherence to the marine pollution prevention measures. This underscores the seriousness with which the Australian government treats violations of environmental protection laws, ensuring that the marine environment remains safeguarded against pollution from ships.