Protection of the Sea (Prevention of Pollution from Ships) Regulations
(Amendment) 1992 No. 101
EXPLANATORY STATEMENT
STATUTORY RULES 1992 No. 101
Issued by authority of the Minister for Shipping and Aviation
Protection of the Sea, (Prevention of Pollution from Ships Act 1983
Protection of the Sea (Prevention of Pollution from Ships) Regulations (Amendment)
Subsection 33(1) of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.
The Act, together with the Navigation, Act 1912, gives effect to the International Convention for the Prevention of Pollution from Ships, 1973 (MARPOL). The Annexes of MARPOL, relating to prevention of pollution by specific classes of substances (such as oil and chemicals), are given further detailed effect by the Protection of the Sea (Prevention of Pollution from Ships) Regulations (the Regulations) and by orders made under the Act.
Subsections 11(6) and (7) of the Act provide that reports of the discharge of oils, or of oily mixtures, from a ship are to be in accordance with the prescribed form. Subsections 22(6) and (7) of the Act provide that reports of the discharge of liquid substances, or of mixtures containing liquid substances, from a ship are to be in accordance with the prescribed form.
Subsections 26B(8) and (9) of the Act provide that reports of the discharge of harmful substances from a ship are to be in accordance with the prescribed form.
The International Maritime Organization (IMO), of which Australia is a council member, has, by resolution, adopted standard formats for reporting incidents involving harmful substances and marine pollutants.
The amendments to the Regulations give effect to this resolution for Australian purposes by providing that the formats adopted by the IMO are, for the purposes of the Act, the prescribed forms for reporting incidents.
Details of the amendments to the Regulations are as follows:
Regulation 1 identifies the Protection of the Sea (Prevention of Pollution from Ships) Regulations as the Regulations being amended.
Regulation 2 inserted definitions of "harmful substances report" and "marine pollutants report" into the Regulations.
Regulation 3 substituted a new section 6 to provide that the prescribed form for a harmful substances report is in Schedule 1 of the Regulations. The previous regulation 6 prescribed one form for reporting discharges of both harmful substances and marine pollutants.
Regulation 4 inserted a new regulation 6A to provide that the prescribed form for a marine pollutants report is in Schedule 2 of the Regulations.
Regulation 5 omitted previous Schedule 1 which was the prescribed form for a Pollution Report for the discharge of a harmful substance or a marine pollutant, and inserted new Schedule 1 and Schedule 2 which are, respectively, the prescribed forms for harmful substances reports and for marine pollution reports.
The amending Regulations came into operation on the date of their notification in the Gazette.
Overview
The Protection of the Sea (Prevention of Pollution from Ships) Regulations (Amendment) 1992 No. 101, issued under the authority of the Minister for Shipping and Aviation, aims to update the reporting requirements for pollution incidents involving ships in accordance with international standards. These regulations amend the existing Protection of the Sea (Prevention of Pollution from Ships) Regulations to incorporate the standard formats for reporting incidents involving harmful substances and marine pollutants as adopted by the International Maritime Organization (IMO). This aligns Australian reporting practices with international standards and facilitates better management and response to maritime pollution incidents, reflecting the policy objective of effective pollution prevention and control at sea.
Scope and Application
The Protection of the Sea (Prevention of Pollution from Ships) Regulations (Amendment) 1992 pertains to ships that operate in Australian waters, implementing and enforcing the International Convention for the Prevention of Pollution from Ships, 1973 (MARPOL). These regulations amend existing requirements to align with the International Maritime Organization’s (IMO) adopted standard formats for reporting incidents involving harmful substances and marine pollutants. The Regulations apply to any person or entity responsible for a ship that operates within the jurisdictional waters of Australia, including all Commonwealth, state, and territory waters. The application extends to all ships that are subject to the MARPOL Convention, regardless of nationality, when they are within Australian jurisdiction. The Regulations do not specify any exclusions or exemptions, but the scope of application may be further refined through subordinate instruments or orders made under the Protection of the Sea (Prevention of Pollution from Ships) Act 1983. These Regulations ensure that the prescribed reporting forms for incidents of discharge align with the international standards set by the IMO, thereby facilitating a unified approach to pollution prevention and incident reporting.
Key Provisions
The Protection of the Sea (Prevention of Pollution from Ships) Regulations (Amendment) 1992 No. 101 modifies the existing regulations under the Protection of the Sea (Prevention of Pollution from Ships) Act 1983, to align with international standards. Regulation 1 specifies the Regulations being amended, and Regulation 2 introduces new definitions for "harmful substances report" and "marine pollutants report" (subsections 11(6) and (7), 22(6) and (7), 26B(8) and (9)). Regulation 3 replaces the previous reporting form for both harmful substances and marine pollutants with a new section 6, which mandates that the prescribed form for a harmful substances report is detailed in Schedule 1. Regulation 4 introduces a new regulation 6A, which specifies that the prescribed form for a marine pollutants report is detailed in Schedule 2. Regulation 5 removes the previous Schedule 1, which combined both harmful substances and marine pollutant reports, and replaces it with new Schedule 1 and Schedule 2, which now respectively cater to the reporting forms for harmful substances and marine pollutants.
These amendments impose specific obligations on ship operators and relevant authorities. Ship operators must now comply with the new reporting requirements, ensuring that any discharge of harmful substances or marine pollutants is reported in the prescribed form as outlined in Schedule 1 or Schedule 2 of the amended Regulations. Authorities responsible for overseeing compliance with these regulations must also ensure that the new forms are being correctly used and adhered to by ship operators. The prescribed forms, adopted from the International Maritime Organization (IMO), standardise the reporting process, facilitating consistency and clarity in incident reporting.
Violations of these regulations can result in both civil and criminal consequences. Under the Act, failure to comply with the reporting requirements can lead to significant penalties. The maximum penalties for non-compliance include fines and potential imprisonment, reflecting the seriousness of preventing pollution from ships. Specifically, individuals and companies found in breach of the reporting requirements may be subject to fines up to $1,650,000 for corporations and $330,000 for individuals, along with potential imprisonment terms. These stringent penalties underscore the importance of adhering to the legislative requirements designed to protect marine environments from pollution.