EXPLANATORY STATEMENT
Issued by the Authority of the Minister of State for Land Transport and Shipping Support
Subject - Protection of the Sea (Prevention of Pollution from Ships) Act 1983
Protection of the Sea (Prevention of Pollution from Ships) Regulations (Amendment) 1990 No. 13
Paragraph 33(1)(b) of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted by the Act to be prescribed for carrying out or giving effect to the Act.
The Act, together with the Navigation Act 1912. give 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 Regulations and by Ministerial orders made pursuant to the Regulations.
Section 3 of the Statute Law (Miscellaneous Provisions) Act 1987 amended the Act to widen the Minister’s order-making power by omitting and substituting paragraph 33(1)(d) of the Act. That paragraph now provides that the Regulations may empower the Minister to make orders with respect to any matter for or in relation to which provision may be made by the regulations, other than paragraph 33(1)(f) (the prescription of penalties).
Annex V (Garbage) of MARPOL entered into force internationally on 31 December 1988. Since that date 39 countries, including the United Kingdom, the United States, the U.S.S.R and Panama (representing over 55 percent of world merchant shipping tonnage), have ratified the Annex.
As Australia proposes to ratify Annex V of MARPOL later this year, it is necessary to amend the Regulations to permit the making of orders to give effect to the Annex.
The amendment of the Regulations repeals and substitutes regulation 12, to bring the order-making power in the Regulations into line with that specified in the Act, permitting the making of such orders.