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.
Overview
The Protection of the Sea (Prevention of Pollution from Ships) Regulations (Amendment) 1990 No. 13 was enacted to address the need for amendments to the existing regulations in light of Australia's intention to ratify Annex V (Garbage) of the International Convention for the Prevention of Pollution from Ships (MARPOL). This legislative amendment was introduced to ensure that the Australian regulations align with international standards and commitments, facilitating the effective implementation of the garbage prevention provisions under MARPOL. The enacting body was the Parliament, as stipulated in paragraph 33(1)(b) of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983, which empowers the Governor-General to make regulations consistent with the Act.
The policy objective of this amendment was to update the regulatory framework to accommodate Australia's commitment to the international garbage pollution prevention standards set forth by Annex V of MARPOL. By repealing and substituting regulation 12, the Regulations were revised to empower the Minister to make orders for any matter related to the implementation of the garbage provisions in MARPOL, thus ensuring Australia's compliance and participation in global efforts to protect marine environments from pollution.
Scope and Application
The Protection of the Sea (Prevention of Pollution from Ships) Regulations (Amendment) 1990 No. 13 pertains to the implementation of the International Convention for the Prevention of Pollution from Ships 1973 (MARPOL) in Australia. This legislation applies to all ships, regardless of flag state, entering Australian waters, thereby extending its reach to the Commonwealth level. The Act, in conjunction with the Navigation Act 1912, ensures that Australia adheres to international standards for preventing marine pollution, particularly focusing on specific classes of substances outlined in MARPOL's annexes, such as oil and chemicals. The Regulations are designed to enforce these standards, with the Minister empowered to issue orders concerning matters related to the prevention of pollution, except for the prescription of penalties, as outlined in the Statute Law (Miscellaneous Provisions) Act 1987. The amendment to the Regulations, specifically regulation 12, aligns the order-making power with the updated provisions in the Act, facilitating the implementation of Annex V (Garbage) of MARPOL, which entered into force internationally on 31 December 1988.
Key Provisions
The main operative sections of the Protection of the Sea (Prevention of Pollution from Ships) Regulations (Amendment) 1990 No. 13 focus on enhancing the regulatory framework to give effect to Annex V of the International Convention for the Prevention of Pollution from Ships (MARPOL). Section 3 of the Statute Law (Miscellaneous Provisions) Act 1987 amended the original Act, specifically paragraph 33(1)(d), to expand the Minister's power to make orders relating to any matter for which provisions may be made by the Regulations. This amendment allows the Minister to create orders concerning the implementation of Annex V (Garbage) of MARPOL, which has been ratified by numerous countries, including the United Kingdom, the United States, the U.S.S.R, and Panama.
The Regulations impose specific obligations on parties and entities governed by the Act. These include the implementation and enforcement of measures to prevent the pollution of the sea by garbage from ships. The Regulations require ships to maintain and implement a garbage management plan, ensuring that all garbage is properly disposed of and not discharged into the sea. Ship operators must also keep a garbage record book, documenting the management and disposal of garbage. Additionally, the Regulations mandate the provision of information to the Minister regarding the implementation of the garbage management plan and the disposal of garbage.
Failure to comply with the provisions of the Regulations can result in various consequences. The Act and the Regulations impose both civil and criminal penalties for breaches. Civil penalties include fines, which can be substantial depending on the severity and frequency of the breach. Criminal penalties may also be imposed, including imprisonment for individuals found guilty of serious or repeated offences. The maximum penalties are determined by the courts, taking into account the nature and extent of the breach. These penalties are intended to deter non-compliance and ensure the protection of marine environments from pollution by ship-generated garbage.