STATUTORY RULES.
1958. No. 34.
REGULATIONS UNDER THE QUARANTINE ACT 1908-1950.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Quarantine Act 1908-1950.
Dated this 22nd day of May, 1958.
W. J. Slim
Governor-General.
By His Excellency’s Command,
(Sgd.) Donald A. Cameron
Minister of State for Health.
Amendments of the Quarantine (General) Regulations.†
1. After regulation 33 of the Quarantine (General) Regulations the following regulations are inserted:—
Refuse not to be discharged onto wharf or into waters of a port.
“33a.—(1.) Where a vessel is at a port in Australia, a person shall not cause animal waste, organic refuse, galley scraps or waste to be discharged from the vessel onto a wharf or into the waters of the port.
Penalty: One hundred pounds.
“(2.) Where animal waste, organic refuse, galley scraps or waste is discharged from a vessel that is at a port in Australia onto a wharf or into the waters of the port, the master of the vessel and the owner of the vessel shall each be deemed to have committed an offence and each is punishable, upon conviction, by a fine not exceeding One hundred pounds.
“(3.) It is a defence to a prosecution for an offence against a provision of either of the last two preceding sub-regulations if the person charged proves that the animal waste, organic refuse, galley scraps or waste was discharged onto the wharf or into the waters of the port, as the case may be, in compliance with the provisions of a notice under paragraph (b)of sub-regulation (1.) of regulation 35 of these Regulations.
Disinfection of refuse.
“33b.—(1.) The master of a vessel that is at a port in Australia shall cause the contents of any container of animal waste, organic refuse, galley scraps or waste (other than rendered fat) on that vessel to be saturated with waste oil.
Penalty: One hundred pounds.
* Notified in the Commonwealth Gazette on 29th May, 1958
† Statutory Rules 1956, No. 14, as amended by 1957, No. 13.
711/58.—Price 3d. 9/21.3.1958
“(2.) The last preceding sub-regulation does not apply in relation to a vessel engaged in navigation by air.”.
Removal and destruction of garbage.
2. Regulation 34 of the Quarantine (General) Regulations is amended—
(a) by adding at the end of sub-regulation (1.) the words “in a manner and to a place specified in the instrument of authority”; and
(b) by omitting from sub-regulation (2.) the word “destroy” and inserting in its stead the words “, in accordance with the directions of the Chief Quarantine Officer, destroy or dispose of”.
Quarantine officer may require sanitary measures.
3. Regulation 35 of the Quarantine (General) Regulations is amended by inserting in paragraph (b) of sub-regulation (1.), after the word “manner”, the words “and at a place”.
By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.
Overview
The Statutory Rules 1958 No. 34, which are regulations made under the Quarantine Act 1908-1950, were enacted to address issues related to the management of waste from vessels at Australian ports. These regulations were made by the Governor-General in accordance with the advice of the Federal Executive Council, reflecting a legislative initiative aimed at improving port hygiene and environmental protection by controlling the discharge and management of waste from vessels. The policy objective behind these regulations is to prevent the contamination of Australian ports by animal waste, organic refuse, galley scraps, and other waste materials, thereby protecting both public health and the marine environment. The regulations impose penalties for non-compliance and outline specific measures for the disinfection and disposal of waste materials from vessels.
Scope and Application
The Quarantine (General) Regulations, as amended, apply to any person, vessel, or entity entering or present in a port in Australia. These regulations are focused on the discharge and handling of animal waste, organic refuse, galley scraps, and waste to prevent environmental contamination and health risks. The application of these regulations is nationwide within Australia, covering all states and territories under the Commonwealth's jurisdiction. Notably, these regulations do not apply to vessels engaged in navigation by air. The amendments introduced by these regulations impose specific requirements for the handling of waste and refuse on vessels, such as prohibiting the discharge of certain waste onto wharves or into port waters, mandating the saturation of waste with waste oil unless otherwise specified, and detailing the removal and destruction of garbage in compliance with the Chief Quarantine Officer's directions. These regulations are subject to further definition and enforcement through subordinate instruments, which may detail specific procedures, exemptions, and exceptions not covered in the primary text.
Key Provisions
The main operative sections of the Regulations under the Quarantine Act 1908-1950 (Regulations) introduce specific prohibitions and requirements related to waste disposal and sanitary measures on vessels at Australian ports. Regulation 33a(1) prohibits the discharge of animal waste, organic refuse, galley scraps, or waste from vessels onto a wharf or into the waters of a port in Australia, with a penalty of One Hundred Pounds for non-compliance (section 33a(1)). Regulation 33a(2) holds both the master and the owner of a vessel liable for offences related to such discharges, with each punishable by a fine not exceeding One Hundred Pounds upon conviction (section 33a(2)). Regulation 33a(3) provides a defence if the person charged can prove compliance with a notice under sub-regulation 35(1)(b) (section 33a(3)). Regulation 33b(1) mandates that the master of a vessel must ensure that the contents of any container of animal waste, organic refuse, galley scraps, or waste (excluding rendered fat) are saturated with waste oil, with a penalty of One Hundred Pounds for non-compliance (section 33b(1)). Regulation 33b(2) exempts vessels engaged in air navigation from this requirement (section 33b(2)).
The Regulations impose several obligations on parties involved. Vessels at Australian ports must adhere to the prohibition on discharging waste onto wharfs or into port waters (section 33a(1)). Masters of vessels are required to ensure that organic waste is saturated with waste oil (section 33b(1)). Both the master and the owner of a vessel are obligated to ensure compliance with the sanitary measures specified in the Regulations (section 33a(2)). Any notices issued under sub-regulation 35(1)(b) must be complied with to avail the defence provided in section 33a(3) (section 33a(3)). Additionally, the Chief Quarantine Officer must be consulted regarding the disposal of waste (section 34(2)).
The Regulations include provisions for offences, penalties, and consequences for non-compliance. Under section 33a(1), discharging waste onto a wharf or into the waters of a port carries a penalty of One Hundred Pounds. Under section 33a(2), both the master and the owner of the vessel are liable for a fine not exceeding One Hundred Pounds for each offence upon conviction. Similarly, failure to saturate organic waste with waste oil as required under section 33b(1) also carries a penalty of One Hundred Pounds. These penalties are specified and enforceable under Australian law.