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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Marine Pollution Amendment (Review) Bill
2021
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Marine Pollution Act 2012 No 5 3
Schedule 2 Amendment of other instruments 36
I certify that this public bill, which originated in the Legislative Assembly, has finally passed
the Legislative Council and the Legislative Assembly of New South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2021
New South Wales
Marine Pollution Amendment (Review) Bill
2021
Act No , 2021
An Act to amend the Marine Pollution Act 2012 to make miscellaneous amendments resulting
from a review of the Marine Pollution Act 2012; and for related purposes.
I have examined this bill and find it to correspond in all respects with the bill as finally
passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Marine Pollution Amendment (Review) Bill 2021 [NSW]
The Legislature of New South Wales enacts--
1 Name of Act
This Act is the Marine Pollution Amendment (Review) Act 2021.
2 Commencement
(1) This Act commences on the date of assent to this Act, except as provided by this
section.
(2) Schedules 1.1[6], [66]-[70] and [93] and 2.5[2] commence on a day or days to be
appointed by proclamation.
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Schedule 1 Amendment of Marine Pollution Act 2012 No 5
Schedule 1 Amendment of Marine Pollution Act 2012 No 5
1.1 General amendments
[1] Section 2A
Insert after section 2--
2A Object of Act
(1) The object of this Act is to enhance the protection of New South Wales State
waters from marine pollution from vessels.
(2) This object is to be achieved primarily by giving effect to the relevant
provisions of the following Annexes of MARPOL--
• Annex I, which deals with prevention of pollution by oil,
• Annex II, which deals with control of pollution by noxious liquid
substances in bulk,
• Annex III, which deals with prevention of pollution by harmful
substances in packaged form,
• Annex IV, which deals with prevention of pollution by sewage,
• Annex V, which deals with prevention of pollution by garbage.
(3) The object is also to be achieved by providing--
(a) an approach to protecting New South Wales State waters from
ship-sourced pollutants that is complementary to the approach of the
Commonwealth, and
(b) an effective framework for the protection of New South Wales State
waters from pollution from vessels, and
(c) for the investigation of marine pollution incidents and for appropriate
action following a marine pollution incident, and
(d) for the imposition of penalties on persons who pollute New South
Wales State waters in contravention of this Act.
[2] Section 3 Definitions
Omit the definitions of Australian fishing vessel, fishing vessel, garbage disposal
requirements placard, inter-State voyage, intra-State voyage, NSW certificate, NSW
chemical tanker construction certificate, NSW ship construction certificate, pleasure
vessel, relevant provisions of MARPOL, shipboard garbage management plan, State
waters, trading ship and transfer operation.
Insert in alphabetical order--
garbage discharge requirements placard, in relation to a ship, means a
placard required to be displayed on the ship by section 110.
garbage management plan, in relation to a ship, means a plan required to be
carried on board the ship by section 107.
Port Authority of New South Wales means the Newcastle Port Corporation
established under the Ports and Maritime Administration Act 1995.
recreational vessel means a vessel used wholly for the purpose of recreational
or sporting activities and not for hire or reward.
State waters means--
(a) coastal waters of the State, within the meaning of Part 10 of the
Interpretation Act 1987, and
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Schedule 1 Amendment of Marine Pollution Act 2012 No 5
(b) waters within the limits of the State.
transfer operation--see section 5A.
[3] Section 3, definition of "large ship", paragraphs (a) and (b)
Omit "tons" wherever occurring.
[4] Section 3, definition of "overseas voyage"
Omit "Navigation Act 1912". Insert instead "Navigation Act 2012".
[5] Section 3, definition of "ship"
Omit "but does not include a pleasure vessel.".
[6] Section 3, definition of "survey authority"
Omit the definition.
[7] Section 3, definition of "uncategorised noxious liquid substance"
Omit "a noxious liquid". Insert instead "a liquid".
[8] Sections 5A and 5B
Insert after section 5--
5A Meaning of "transfer operation"
For the purposes of this Act, transfer operation--
(a) means an operation that is involved in the preparation for, or in the
commencement of, carrying on or termination of, a transfer of oil or a
noxious liquid substance or a combination of those substances, whether
in bulk, packaged or another form, to or from a ship or a place on land,
but
(b) does not include a transfer of oil cargo at sea between oil tankers with a
gross tonnage of 150 or more, to which Chapter 8 of Annex I of
MARPOL applies.
5B References to "certified to carry"
(1) A reference in this Act to a ship that is certified to carry a number of persons
is taken to include a ship displaying, on an Australian Builders Plate,
information about the maximum number of persons the ship may carry if the
ship is fitted with an Australian Builders Plate containing the information.
(2) In this section--
Australian Builders Plate means a plate issued in accordance with the
National Standard for the Australian Builders Plate for Recreational Boats
developed by the National Marine Safety Committee, as in force from time to
time.
[9] Section 6 Time when ship taken to be proceeding on voyage
Omit "the definitions of inter-State voyage, intra-State voyage and overseas voyage".
Insert instead "this Act".
[10] Section 7 References to tonnage
Omit "Measurement" from the definition of non-TMC ship in section 7(2).
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Schedule 1 Amendment of Marine Pollution Act 2012 No 5
[11] Section 7(2)
Omit the definition of Tonnage Measurement Convention.
Insert instead--
Tonnage Convention has the same meaning as in the Navigation Act 2012 of
the Commonwealth.
[12] Section 8 Notes
Omit the note. Insert instead--
Note. To assist the reader, many provisions of this Act contain editor's notes drawing
attention to the provision of MARPOL that the provision of the Act gives effect to.
[13] Section 11 Detention of ships and holding of security over them: exclusion of
matters from operation of Commonwealth Act
Omit "171," from the definition of compulsorily detained under this Act in section 11(3).
[14] Section 12 Application of Act to mixtures of marine pollutants
Omit section 12(2). Insert instead--
(2) If a mixture that contains more than one marine pollutant is discharged into
State waters--
(a) if one of the pollutants discharged is garbage--see section 66A, or
(b) otherwise--each of the applicable Parts in relation to each of the marine
pollutants in the mixture applies in relation to the mixture.
[15] Section 12(4), definition of "applicable Part", paragraph (d)
Omit paragraphs (d) and (e). Insert instead--
(d) in relation to sewage--Part 6.
[16] Section 13 Discharge outside State waters that enters State waters
Insert after section 13(2)--
(3) Despite subsections (1) and (2), a person is not liable to prosecution for an
offence under this Act if--
(a) the discharge of a marine pollutant occurs and is taken to be a discharge
of the marine pollutant into State waters by operation of this section,
and
(b) a provision of the Protection of the Sea (Prevention of Pollution from
Ships) Act 1983 of the Commonwealth applies to the discharge giving
effect to the following regulations of MARPOL--
(i) for the discharge of oil or oily mixtures from the cargo area of an
oil tanker--Regulation 34 of Annex I of MARPOL,
(ii) for the discharge of Category X substances--Regulations 13.2.1
and 13.6.1 of Annex II of MARPOL,
(iii) for the discharge of Category Y substances and Category Z
substances from ships constructed on or after 1 January 2007--
Regulations 13.2.1 and 13.7.1 of Annex II of MARPOL,
(iv) for the discharge of Category Z substances from ships
constructed before 1 January 2007--Regulations 13.2.1 and
13.2.2 of Annex II of MARPOL,
(v) for the discharge of comminuted and disinfected sewage--
Regulation 11.1.1 of Annex IV of MARPOL,
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Schedule 1 Amendment of Marine Pollution Act 2012 No 5
(vi) for the discharge of sewage that is not comminuted or
disinfected--Regulation 11.1.1 of Annex IV of MARPOL,
(vii) for the discharge of comminuted or ground food waste--
Regulation 4.1.1 of Annex V of MARPOL,
(viii) for the discharge of food waste that is not comminuted or
ground--Regulation 4.1.2 of Annex V of MARPOL,
(ix) for the discharge of cargo residues that cannot be recovered using
commonly available methods for unloading--Regulation 4.1.3 of
Annex V of MARPOL,
(x) for the discharge of animal carcasses--Regulation 4.1.4 of
Annex V of MARPOL,
(xi) for the discharge of cleaning agents or additives contained in
cargo hold, deck and external surfaces wash water--Regulation
4.2 of Annex V of MARPOL,
(xii) for the discharge of garbage from fixed or floating platforms or
other ships when alongside or within 500 metres of a fixed or
floating platform--Regulation 5 of Annex V of MARPOL.
[17] Section 14
Omit the section. Insert instead--
14 Discharges to which Act does not apply
(1) This Act does not apply to the following discharges--
(a) the release of relevant harmful substances directly arising from the
exploration, exploitation and associated off-shore processing of sea-bed
mineral resources,
(b) the release of relevant harmful substances for purposes of legitimate
scientific research into pollution abatement or control,
(c) dumping within the meaning of the 1996 Protocol to the Convention on
the Prevention of Marine Pollution by Dumping of Wastes and Other
Matter 1972, done at London on 7 July 1996, as amended and in force
for Australia from time to time.
Note. The 1996 Protocol to the Convention on the Prevention of Marine
Pollution by Dumping of Wastes and Other Matter, 1972 defines dumping as--
(a) any deliberate disposal into the sea of wastes or other matter from
vessels, aircraft, platforms or other man-made structures at sea,
(b) any deliberate disposal into the sea of vessels, aircraft, platforms or
other man-made structures at sea,
(c) any storage of wastes or other matter in the seabed and the subsoil
thereof from vessels, aircraft, platforms or other man-made structures at
sea,
(d) any abandonment or toppling at site of platforms or other man-made
structures at sea, for the sole purpose of deliberate disposal.
Under that Convention, dumping does not include--
(a) the disposal into the sea of wastes or other matter incidental to, or
derived from the normal operations of vessels, aircraft, platforms or other
man-made structures at sea and their equipment, other than wastes or
other matter transported by or to vessels, aircraft, platforms or other
man-made structures at sea, operating for the purpose of disposal of
such matter or derived from the treatment of such wastes or other matter
on such vessels, aircraft, platforms or other man-made structures,
(b) placement of matter for a purpose other than the mere disposal thereof,
provided that such placement is not contrary to the aims of the Protocol,
and
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Schedule 1 Amendment of Marine Pollution Act 2012 No 5
(c) abandonment in the sea of matter (e.g. cables, pipelines and marine
research devices) placed for a purpose other than the mere disposal
thereof.
(2) In this section--
relevant harmful substances--
(a) means a substance which, if introduced into the sea, is liable to--
(i) create hazards to human health, or
(ii) harm living resources and marine life, or
(iii) damage amenities, or
(iv) interfere with other legitimate uses of the sea, and
(b) includes a substance subject to control by MARPOL.
Editor's note. See Article 2 of the International Convention for the Prevention of
Pollution from Ships, 1973.
[18] Section 22, heading
Omit "tonnes or more and oil tankers not within special areas (Regs 15.2 and 15.8 of
Annex I of MARPOL)" from the heading.
Insert instead "tons or more and oil tankers".
[19] Section 22(a)
Omit the paragraph.
[20] Section 23 Defence for certain ships 400 tonnes or more and oil tankers within
special areas
Omit the section.
[21] Sections 27 and 28
Insert ", or a mixture that contains an uncategorised noxious liquid substance," after
"substance" wherever occurring.
[22] Sections 35-39
Omit the sections.
[23] Section 53 Discharge of sewage into State waters from ship prohibited
Omit "this section" from section 53(2). Insert instead "subsection (1)".
[24] Section 53(3)
Insert after subsection (2)--
(3) The regulations may make provision for an offence in relation to the discharge
or deposit of untreated sewage from a vessel, other than a large ship.
[25] Sections 55A and 55B
Insert after section 55--
55A Offence to have defective, altered or modified sewage systems
(1) The master and the owner of a prescribed vessel in State waters are each guilty
of an offence if a sewage system, or part of the sewage system, on the
prescribed vessel is defective or has been altered or modified in a way that
enables the discharge of sewage in contravention of this Part.
Maximum penalty for a large ship--
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Schedule 1 Amendment of Marine Pollution Act 2012 No 5
(a) for an individual--$55,000, or
(b) for a corporation--$275,000,
Maximum penalty for a ship prescribed by the regulations for the purposes of
this section--an amount prescribed by the regulations.
(2) In this section--
prescribed vessel means--
(a) a large ship, or
(b) a ship prescribed by the regulations for the purposes of this section.
sewage system, for a prescribed vessel, includes the following--
(a) a holding tank to collect and store sewage,
(b) a sewage treatment plant certified to meet the requirements--
(i) of the regulations giving effect to Regulation 9.1.1 of Annex IV
of MARPOL, or
(ii) prescribed by the regulations,
(c) portable tanks, including toilet cassettes, for discharge into a reception
facility,
(d) a comminuting and disinfecting system--
(i) approved by orders made under the regulations, giving effect to
Regulation 9.1.2 of Annex IV of MARPOL, or
(ii) approved under the regulations.
55B Offence to discharge treated sewage in no discharge zones for certain vessels
(1) The regulations may create an offence for the discharge of treated sewage by
a relevant vessel in a zone, prescribed by the regulations, for the purposes of
this section (a no discharge zone).
(2) In this section--
relevant vessel means a vessel prescribed by regulations for the purposes of
this section.
[26] Section 58 Defence for discharge of comminuted and disinfected sewage not less
than 3 nautical miles from the nearest land
Omit the section.
[27] Section 59 Defence of discharge of treated sewage
Omit section 59(1)(a). Insert instead--
(a) the sewage has been treated in a sewage treatment plant on the ship,
being a plant that is certified to meet the requirements of the regulations
giving effect to Regulation 9.1.1 of Annex IV of MARPOL,
[28] Section 59(2) and (3)
Omit section 59(2). Insert instead--
(2) To remove any doubt, the defence under subsection (1) applies to the
discharge of treated sewage in a no discharge zone.
(3) In this section--
no discharge zone has the same meaning as in section 55B(1).
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Schedule 1 Amendment of Marine Pollution Act 2012 No 5
[29] Part 7 Prevention of pollution by garbage
Insert after the heading to Part 7--
Note 1. See section 4 of this Act in relation to the words and expressions used in
MARPOL.
Note 2. See also Annex V of MARPOL for the meaning of particular words and
expressions used in this Part, including garbage.
[30] Part 7, Division 2, note
Insert after the heading to the Division--
Note. Annex V of MARPOL provides that fishing gear means any physical device or
part thereof or combination of items that may be placed on or in the water or on the
sea-bed with the intended purpose of capturing, or controlling for subsequent capture
or harvesting, marine or fresh water organisms.
[31] Section 64 Defence if discharge was to secure safety or save life
Insert "and the persons on board the ship" after "safety of a ship".
[32] Section 65, heading
Omit "nets and other materials (Reg 6 (c) of Annex V of MARPOL)" from the heading.
Insert instead "fishing gear".
[33] Section 65
Omit "a synthetic fishing net, or synthetic material used in the repair of such a net, on".
Insert instead "fishing gear from".
[34] Sections 66 and 66A
Omit section 66. Insert instead--
66 Defence if discharge of fishing gear in particular circumstances
Division 1 does not apply to the discharge of fishing gear from a ship for--
(a) the protection of the marine environment, or
(b) the safety of the ship or the ship's crew.
Editor's note. See Reg 7.1.4 of Annex V of MARPOL.
66A Defence if discharge is of more stringent requirement
(1) Sections 63-66 do not apply to garbage that is mixed with, or contaminated
by, other substances prohibited from discharge or having different discharge
requirements (a garbage mixture).
(2) Division 1 does not apply to the discharge of a garbage mixture if the discharge
is made in accordance with the more stringent requirements for the substances
in the garbage mixture.
Editor's note. See Reg 4.4 of Annex V of MARPOL.
[35] Section 74 Transfer of prescribed marine pollutant at night
Omit the section.
[36] Section 86 Meaning of "reportable incident"
Omit "sections 35-41" from paragraph (b) of the definition of reportable incident.
Insert instead "sections 40 and 41".
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[37] Section 86, definition of "reportable incident", paragraph (d)
Omit "above that is carrying oil or a noxious liquid substance". Insert instead "more".
[38] Section 105 Form and content of procedures and arrangements manual
Omit "approved by the Minister" from section 105(b).
Insert instead "set out in Appendix IV to Annex II of MARPOL".
[39] Part 10, Division 4, heading
Omit "Shipboard garbage". Insert instead "Garbage".
[40] Sections 107-109
Omit "shipboard" wherever occurring.
[41] Section 107
Omit "large ship" wherever occurring. Insert instead "prescribed ship".
[42] Section 107(3)
Insert after section 107(2)--
(3) In this section--
prescribed ship means a ship--
(a) that has a gross tonnage of 100 or more, or
(b) that is certified to carry 15 persons or more, or
(c) that is a fixed or floating platform.
[43] Section 108(2)(a)
Insert "minimising," after "procedures for".
[44] Part 10, Division 5, heading and sections 110-112
Omit "disposal" wherever occurring. Insert instead "discharge".
[45] Section 110(1)
Insert ", or a fixed or floating platform," after "length".
[46] Section 110(2)(a)
Omit the paragraph. Insert instead--
(a) that--
(i) the ship was of 12 metres or more in length and was in State
waters, or
(ii) the fixed or floating platform was in State waters, and
[47] Section 111(a) and (b)
Omit "disposed of" wherever occurring. Insert instead "discharged".
[48] Section 111(b)
Omit "dispose of". Insert instead "discharge".
[49] Section 113 Requirement to carry an oil record book
Omit the definition of prescribed ship from section 113(3).
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Insert instead--
prescribed ship means--
(a) an oil tanker that has a gross tonnage of 150 or more, or
(b) a ship that has a gross tonnage of 400 or more.
[50] Section 114 Form of oil record book
Insert before section 114(1)--
(1A) An oil record book may be kept electronically, in a way approved by the
relevant national maritime authority of the country whose flag the ship is
entitled to fly.
[51] Section 114(2)(b)
Omit the paragraph. Insert instead--
(b) a signature--
(i) for a record book kept electronically--on each group of
electronic entries, or
(ii) otherwise--on each page of the record book.
Note. See the Guidelines for use of electronic record books under
MARPOL, adopted by Resolution MEPC.312(74).
[52] Section 121 Oil record book to be retained
Omit "last entry was made in the book" from section 121(1).
Insert instead "book is required to be retained on the ship in accordance with section 120".
[53] Section 125 Form of cargo record book
Insert before section 125(1)--
(1A) A cargo record book may be kept electronically, in a way approved by the
relevant national maritime authority of the country whose flag the ship is
entitled to fly.
[54] Section 125(2)(b)
Omit the paragraph. Insert instead--
(b) a signature--
(i) for a record book kept electronically--on each group of
electronic entries, or
(ii) otherwise--on each page of the record book.
Note. See the Guidelines for use of electronic record books under
MARPOL, adopted by Resolution MEPC.312(74).
[55] Section 132 Cargo record book to be retained for two years
Omit "last entry was made in the book" from section 132(1).
Insert instead "book is required to be retained on the ship in accordance with section 131".
[56] Section 135 Requirement to carry garbage record book on board ship
Omit "large" from section 135(1). Insert instead "prescribed".
[57] Section 135 Requirement to carry garbage record book on board ship
Omit section 135(2). Insert instead--
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(2) However, the master and the owner of a ship do not commit an offence--
(a) if the ship is the subject of a waiver in accordance with section 137, or
(b) if the ship is a recreational vessel with a gross tonnage of less than 400
that is not on an overseas voyage.
(3) In this section--
prescribed ship means a ship--
(a) that has a gross tonnage of 400 or more, or
(b) that is certified to carry 15 persons or more.
[58] Section 137
Omit the section. Insert instead--
137 Minister may waive requirement to carry garbage record book
The Minister may waive the requirement to carry a garbage record book--
(a) on application in writing from the master or the owner of--
(i) a ship that is certified to carry 15 persons or more, or
(ii) a fixed or floating platform, and
(b) if the application relates to a voyage by the ship of one hour or less in
duration.
Editor's note. See Reg 10.4 of Annex V of MARPOL.
[59] Section 138 Form of garbage record book
Insert before section 138(1)--
(1A) A garbage record book may be kept electronically, in a way approved by the
relevant national maritime authority of the country whose flag the ship is
entitled to fly.
[60] Section 138(2)(b)
Omit the paragraph. Insert instead--
(b) a signature--
(i) for a record book kept electronically--on each group of
electronic entries, or
(ii) otherwise--on each page of the record book.
Note. See the Guidelines for use of electronic record books under
MARPOL, adopted by Resolution MEPC.312(74).
[61] Section 145 Garbage record book to be retained
Omit "last entry was made in the book" from section 145(1).
Insert instead "book is required to be retained on the ship in accordance with section 144".
[62] Section 148 Regulations relating to construction of ships
Omit section 148(1)(c).
[63] Section 149 References to compliance with Annexes of MARPOL
Omit the section.
[64] Section 150 Requirement for ship construction certificate
Omit section 150(4). Insert instead--
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(4) In this section--
prescribed ship means a ship--
(a) that is--
(i) an oil tanker that has a gross tonnage of 150 or more, or
(ii) a ship, other than an oil tanker, that has a gross tonnage of 400 or
more, and
(b) engaged in voyages to ports or offshore terminals under the jurisdiction
of other Parties to MARPOL.
ship construction certificate means--
(a) an International Oil Pollution Prevention Certificate issued under
section 132 of the Navigation Act 2012 of the Commonwealth, or
(b) a ship construction certificate issued under a law of another State or the
Northern Territory that is a certificate of a kind prescribed by the
regulations as acceptable for the purposes of this Part, or
(c) an International Oil Pollution Prevention Certificate issued to--
(i) a foreign ship under section 319 of the Navigation Act 2012 of the
Commonwealth, or
(ii) a foreign ship under the law of a country other than Australia
giving effect to Regulation 7 of Annex I of MARPOL, or
(iii) an Australian ship under the law of a country other than Australia
giving effect to Regulation 8 of Annex I of MARPOL.
[65] Section 151 Requirement for chemical tanker construction certificate
Omit section 151(4). Insert instead--
(4) In this section--
chemical tanker construction certificate means--
(a) an International Pollution Prevention Certificate for the Carriage of
Noxious Liquid Substances in Bulk issued under section 132 of the
Navigation Act 2012 of the Commonwealth, or
(b) a chemical tanker construction certificate issued under a law of another
State or the Northern Territory that is a certificate of a kind prescribed
by the regulations as acceptable for the purposes of this Part, or
(c) an International Pollution Prevention Certificate for the Carriage of
Noxious Liquid Substances in Bulk issued to--
(i) a foreign ship under section 319 of the Navigation Act 2012 of the
Commonwealth, or
(ii) a foreign ship under the law of a country other than Australia
giving effect to Regulation 9 of Annex II of MARPOL, or
(iii) an Australian ship under the law of a country other than Australia
giving effect to Regulation 9 of Annex II of MARPOL.
prescribed ship means a ship--
(a) intended to carry noxious liquid substances in bulk, and
(b) engaged in voyages to ports or offshore terminals under the jurisdiction
of other Parties to MARPOL.
[66] Section 152 Requirement for sewage pollution prevention certificate
Omit "large ship must not begin a voyage unless there is a sewage pollution prevention
certificate in force in respect of the ship." from section 152(1).
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Schedule 1 Amendment of Marine Pollution Act 2012 No 5
Insert instead--
prescribed ship must not begin a voyage unless--
(a) there is a sewage pollution prevention certificate in force for the ship,
and
(b) the sewage pollution prevention certificate complies with--
(i) the condition imposed by Regulation 4.7 of Annex IV of
MARPOL, or
(ii) the conditions, if any, prescribed by the regulations.
[67] Section 152(2)
Omit "large ship must not permit the ship to begin a voyage unless a sewage pollution
prevention certificate is in force in respect of the ship.".
Insert instead--
prescribed ship must not permit the ship to begin a voyage unless--
(a) there is a sewage pollution prevention certificate in force for the ship,
and
(b) the sewage pollution prevention certificate complies with--
(i) the condition imposed by Regulation 4.7 of Annex IV of
MARPOL, or
(ii) the conditions, if any, prescribed by the regulations.
[68] Section 152(3)
Omit "large ship". Insert instead "prescribed ship".
[69] Section 152(4)
Omit the subsection.
Insert instead--
(4) In this section--
prescribed ship means--
(a) a large ship on an overseas voyage, or
(b) a vessel required to carry a sewage pollution prevention certificate
under the laws of another State or the Northern Territory, or
(c) a ship prescribed by the regulations for the purposes of this section.
sewage pollution prevention certificate means--
(a) if the prescribed ship is either a vessel on an overseas voyage with a
gross tonnage of 400 or more or a vessel with a gross tonnage of less
than 400 that is certified to carry more than 15 persons--an
International Sewage Pollution Prevention Certificate issued--
(i) under section 132 of the Navigation Act 2012 of the
Commonwealth, or
(ii) to a foreign ship under section 319 of the Navigation Act 2012 of
the Commonwealth, or
(iii) to a foreign ship under the law of a country other than Australia
giving effect to Regulation 5 of Annex IV of MARPOL, or
(iv) to an Australian ship under the law of a country other than
Australia giving effect to Regulation 6 of Annex IV of
MARPOL, or
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Schedule 1 Amendment of Marine Pollution Act 2012 No 5
(b) if the prescribed ship is on an voyage, other than an overseas voyage,
and is a vessel under the jurisdiction of another State or the Northern
Territory that is required to carry a sewage pollution prevention
certificate under the laws of the other jurisdiction--a sewage pollution
prevention certificate issued under a law of the jurisdiction of another
State or the Northern Territory, prescribed by the regulations as being a
sewage pollution prevention certificate, or
(c) for a vessel prescribed in the regulations for the purposes of this section
that is not a vessel specified in paragraphs (a) or (b)--a certificate
issued in accordance with the regulations.
[70] Part 12, Divisions 3-8
Omit the Divisions.
[71] Section 178 Minister may arrange for provision of reception facilities
Omit "Regulation 7 of Annex V of MARPOL." from section 178(d).
Insert instead "Regulation 8 of Annex V of MARPOL, and".
[72] Section 178(e)
Insert after paragraph (d)--
(e) reception facilities for exhaust gas cleaning residues from an exhaust
gas cleaning system under Regulation 17 of Annex VI of MARPOL.
[73] Section 180 Minister may require person to provide, maintain and make available
reception facilities
Insert after paragraph (d) of the definition of prescribed waste in section 180(2)--
(e) exhaust gas cleaning residues from an exhaust gas cleaning system.
[74] Section 183 Minister may take action to prevent or clean up marine pollution
Insert at the end of section 183(1)(b)--
, or
(c) marine pollutants are, or have been carried, on a vessel that has been
abandoned, is out-of-commission or derelict.
[75] Section 183(2)(d)
Insert "or a marine pollution removal notice" after "notice".
[76] Section 183(3), definition of "preventative or clean-up action"
Insert at the end of paragraph (d)--
, or
(e) to prevent, minimise, remove, disperse or destroy a marine pollutant or
prevent, minimise or mitigate pollution that is likely to occur from a
vessel that has been abandoned, is out-of-commission or derelict.
[77] Section 183(3)
Insert in alphabetical order--
marine pollution prevention notice has the same meaning as in Part 16.
marine pollution removal notice has the same meaning as in Part 16.
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[78] Section 184 Recovery of costs and expenses of preventative action or clean-up
action
Insert at the end of section 184(1)(f)--
, or
(g) if the action is for a vessel that has been abandoned, is
out-of-commission or derelict--the owner of the vessel within the
meaning of section 202A(6).
[79] Section 189 Oiled Wildlife Care Network
Omit "establish" from section 189(1). Insert instead "have".
[80] Section 190 Definitions
Omit "that is subject to a chemical tanker construction certificate certifying the ship to carry
noxious liquid substances in bulk" from paragraph (b)(i) of the definition of marine
pollution incident.
[81] Section 190, definition of "marine pollution incident"
Omit "large" from paragraph (d).
[82] Section 190
Insert in alphabetical order--
marine pollution removal notice means a notice under Division 4A.
public authority means a public or local authority constituted by or under an
Act, and includes--
(a) a government department, and
(b) a local council, and
(c) a member of staff or other person who exercises functions on behalf of
a public authority.
[83] Section 191 Classification of marine environment protection notices
Insert after paragraph (c) of the definition of marine environment protection notices--
(d) marine pollution removal notices.
[84] Section 194 Clean-up by public authorities
Omit section 194(5).
[85] Part 16, Division 4A
Insert after Division 4--
Division 4A Marine pollution removal notice
202A Preventative action for abandoned, out-of-commission or derelict vessels
(1) This section applies if the Minister is of the opinion that--
(a) a vessel has been abandoned, is out-of-commission or derelict, and
(b) marine pollutants are, or have been, carried on the vessel.
(2) The Minister may, by written notice given to the owner of the vessel, direct the
owner to do any of the following--
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Schedule 1 Amendment of Marine Pollution Act 2012 No 5
(a) the action specified in the notice, within the period specified in the
notice,
(b) take action to prevent, minimise, remove, disperse or destroy a marine
pollutant or prevent, minimise or mitigate pollution that is likely to
occur,
(c) take action to ascertain the nature and extent of the possible pollution,
(d) prepare and carry out a remedial course of action.
(3) The marine pollution removal notice may require the person given the notice
to give reports to the Minister regarding progress on the carrying out of the
action required by subsection (2).
(4) If the person given a marine pollution removal notice complies with the notice
but was not the owner of the vessel, the cost of complying with the notice may
be recovered by the person as a debt in a court of competent jurisdiction from
the owner of the vessel.
(5) A person given a marine pollution removal notice who, without reasonable
excuse, does not comply with the notice is guilty of an offence.
Maximum penalty--
(a) for a corporation--$1,000,000 and, for a continuing offence, a further
penalty of $120,000 for each day the offence continues, or
(b) for an individual--$250,000 and, for a continuing offence, a further
penalty of $60,000 for each day the offence continues.
(6) In this section--
certificate of registry includes an Australian or foreign vessel registered on the
Australian and International Shipping Registers.
Editor's note. The Australian Maritime Safety Authority keeps a list of registered
ships. The list is available on the website of the Australian Maritime Safety Authority
(www.amsa.gov.au).
marine safety licence has the same meaning as in the Marine Safety Act 1998.
National licence has the same meaning as in the Marine Safety Act 1998.
owner, in relation to an abandoned, derelict or out-of-commission vessel--
(a) has the same meaning as in the Marine Safety Act 1998, and
(b) if there is no current marine safety licence, National licence or other
certificate of registry for the vessel--extends to the last person
registered as the vessel's owner in the marine safety licence, National
licence or other certificate of registry for the vessel.
202B Commencement of operation of marine pollution removal notices or variations
A marine pollution removal notice, or a variation of a marine pollution
removal notice, operates from the day the notice or notice of the variation is
given or from a later day specified by the notice.
202C Fee
(1) The purpose of this section is to enable the Minister to recover the
administrative costs of preparing and giving marine pollution removal notices.
(2) A person who is given a marine pollution removal notice by the Minister must,
within 30 days, pay the fee prescribed by the regulations to the Minister.
(3) The Minister may--
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(a) extend the time for payment of the fee, on the application of the person,
or
(b) waive the payment of the whole or part of the fee, on the Minister's own
initiative or on the application of the person.
(4) A fee is not payable for the variation of a marine pollution removal notice.
(5) A person who does not pay the fee within the time provided under this section
is guilty of an offence.
Maximum penalty--$22,000.
[86] Section 205 Marine pollution compliance cost notices
Omit "or marine pollution prevention notice" from section 205(1).
Insert instead ", marine pollution prevention notice or marine pollution removal notice".
[87] Section 216 Recovery of damages, costs or expenses relating to discharge
prohibited by Act
Omit "that is subject to a chemical tanker construction certificate certifying the ship to carry
noxious liquid substances in bulk" from section 216(1)(b)(i).
[88] Section 216(1)(d)
Omit "large".
[89] Section 221 Ships that are believed to have discharged marine pollutants may be
detained
Omit ", and" from section 221(2)(b).
[90] Section 221(2)(c)
Omit the paragraph.
[91] Section 228 Powers of inspectors and authorised persons
Insert "or the regulations, the Marine Safety Act 1998 or the regulations made under that
Act" after "this Act" in section 228(2)(f).
[92] Section 243 Regulations
Insert "the standards required to be met for the discharge of sewage, plans required for
waste management and directions that may be given in relation to waste," after "facilities,"
in section 243(2)(d).
[93] Section 243(2)(l)
Insert after section 243(2)(k)--
(l) prescribing the category or categories of vessels required to have
sewage pollution prevention certificates, and the issue, survey,
duration, renewal and cancellation or otherwise of the certificates.
[94] Section 247 Delegation
Omit paragraph (c) from the definition of approved person in section 247(3).
Insert instead--
(c) the Port Authority of New South Wales or a member of staff of the Port
Authority of New South Wales, or
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[95] Schedule 2 Savings, transitional and other provisions
Omit clause 5.
[96] Schedule 2, clause 7
Omit the clause.
1.2 Amendments to headings and notes
[1] Section 3 Definitions
Omit "(cf former Act s 3)" from the heading.
[2] Section 4 Expressions used in this Act and MARPOL
Omit "(cf former Act ss 7, 14 and 25)" from the heading.
[3] Section 7 References to tonnage
Omit "(cf former Act s 3 (6))" from the heading.
[4] Section 9 Saving of other laws
Omit "(cf former Act s 5)" from the heading.
[5] Section 10 Act subject to Ports and Maritime Administration Act 1995
Omit "(cf former Act s 5A)" from the heading.
[6] Section 13 Discharge outside State waters that enters State waters
Omit "(cf former Act s 3 (5))" from the heading.
[7] Part 3, Division 1, note
Insert after the heading to the Division--
Editor's note. See Reg 15.1 of Annex I of MARPOL.
[8] Section 15 Discharging oil into State waters from a ship prohibited
Omit "(Reg 15.1 of Annex I of MARPOL) (cf former Act s 8 (1))" from the heading.
[9] Section 16 Causing discharge of oil into State waters from a ship prohibited
Omit "(Reg 15.1 of Annex I of MARPOL) (cf former Act s 8A (1))" from the heading.
[10] Section 17 Offence of being responsible for discharge of oil into State waters from a
ship
Omit "(Reg 15.1 of Annex I of MARPOL) (cf former Act s 8A (3))" from the heading.
[11] Section 18 Defence if discharge was caused by damage to ship or equipment
Omit "(Reg 4.2 of Annex I of MARPOL) (cf former Act s 8 (2) (b) and (3))" from the
heading.
[12] Section 18, note
Insert at the end of the section--
Editor's note. See Reg 4.2 of Annex I of MARPOL.
[13] Section 19 Defence if discharge was to secure safety or save life
Omit "(Reg 4.1 of Annex I of MARPOL) (cf former Act s 8 (2) (a))" from the heading.
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[14] Section 19, note
Insert at the end of the section--
Editor's note. See Reg 4.1 of Annex I of MARPOL.
[15] Section 20 Defence if discharge was for purpose of combating pollution
Omit "(Reg 4.3 of Annex I of MARPOL) (cf former Act s 8 (2) (c))" from the heading.
[16] Section 20, note
Insert at the end of the section--
Editor's note. See Reg 4.3 of Annex I of MARPOL.
[17] Section 21 Defence if discharge was authorised for training
Omit "(cf former Act s 8 (2) (d))" from the heading.
[18] Section 22, note
Insert at the end of the section--
Editor's note. See Regs 15.2 and 15.8 of Annex I of MARPOL.
[19] Section 24 Defence for smaller ships and oil tankers
Omit "(Regs 15.6 and 15.8 of Annex I of MARPOL)" from the heading.
[20] Section 24, note
Insert at the end of the section--
Editor's note. See Regs 15.6 and 15.8 of Annex I of MARPOL.
[21] Section 25 Defence for discharge of clean or segregated ballast from oil tankers
Omit "(Regs 34.2 and 34.4 of Annex I of MARPOL) (cf former Act s 8 (4) (j))" from the
heading.
[22] Section 25, note
Insert at the end of the section--
Editor's note. See Reg 34.2 of Annex I of MARPOL.
[23] Section 26 Failing to retain oil residues
Omit "(cf former Act s 9)" from the heading.
[24] Part 4, Division 1, note
Insert after the heading to the Division--
Editor's note. See Reg 13.1.3 of Annex II of MARPOL.
[25] Sections 27 and 28
Omit "(Reg 13.1.3 of Annex II of MARPOL)" wherever occurring.
[26] Part 4, Division 2, note
Insert after the heading to the Division--
Editor's note. See Reg 13 of Annex II of MARPOL.
[27] Section 29 Discharging noxious liquid substances into State waters from ship
prohibited
Omit "(Reg 13 of Annex II of MARPOL) (cf former Act s 18 (1))" from the heading.
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[28] Section 30 Causing discharge of noxious liquid substances into State waters from
ship prohibited
Omit "(Reg 13 of Annex II of MARPOL) (cf former Act s 18A (1))" from the heading.
[29] Section 31 Offence of being responsible for discharge of noxious liquid substances
into State waters from a ship
Omit "(Reg 13 of Annex II of MARPOL) (cf former Act s 18A (3))" from the heading.
[30] Section 32 Defence if discharge was caused by damage to ship or equipment
Omit "(Reg 3.1.2 of Annex II of MARPOL) (cf former Act s 18 (2) (b) and (3))" from the
heading.
[31] Section 32, note
Insert at the end of the section--
Editor's note. See Reg 3.1.2 of Annex II of MARPOL.
[32] Section 33 Defence if discharge was to secure safety or save life
Omit "(Reg 3.1.1 of Annex II of MARPOL) (cf former Act s 18 (2) (a))" from the heading.
[33] Section 33, note
Insert at the end of the section--
Editor's note. See Reg 3.1.1 of Annex II of MARPOL.
[34] Section 34 Defence if discharge was for purpose of combating pollution
Omit "(Reg 3.1.3 of Annex II of MARPOL) (cf former Act s 18 (2) (c))" from the heading.
[35] Section 34, note
Insert at the end of the section--
Editor's note. See Reg 3.1.3 of Annex II of MARPOL.
[36] Section 40 Defence for discharge of bilge water
Omit "(Reg 6.1.4 of Annex II of MARPOL) (cf former Act s 18 (11))" from the heading.
[37] Section 40, note
Insert at the end of the section--
Editor's note. See Reg 6.1.4 of Annex II of MARPOL.
[38] Section 41 Defence for discharge of clean ballast or segregated ballast
Omit "(Reg 13.7.2.3 of Annex II of MARPOL) (cf former Act s 18 (12))" from the heading.
[39] Section 41, note
Insert at the end of the section--
Editor's note. See Reg 13.7.2.3 of Annex II of MARPOL.
[40] Section 42 Regulations may make provision for cleaning of tanks of ships
Omit "(Regs 13 and 16 of Annex II of MARPOL) (cf former Act s 24)" from the heading.
[41] Section 42, note
Insert at the end of the section--
Editor's note. See Regs 13 and 16 of Annex II of MARPOL.
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[42] Part 5, Division 1, note
Insert after the heading to the Division--
Editor's note. See Reg 2.1 of Annex III of MARPOL.
[43] Sections 43 and 44
Omit "(Reg 1.2 of Annex III of MARPOL)" wherever occurring.
[44] Part 5, Division 2, note
Insert after the heading to the Division--
Editor's note. See Reg 8.1 of Annex III of MARPOL.
[45] Sections 45-48
Omit "(Reg 7.1 of Annex III of MARPOL)" wherever occurring.
[46] Section 48, note
Insert at the end of the section--
Editor's note. See Reg 8.1 of Annex III of MARPOL.
[47] Section 49 Defence for certain leakages causing substances to be washed overboard
Omit "(Reg 7.2 of Annex III of MARPOL)" from the heading.
[48] Section 49, note
Insert at the end of the section--
Editor's note. See Reg 8.2 of Annex III of MARPOL.
[49] Section 50 Part does not apply to stores or equipment
Omit "(Reg 1.5 of Annex III of MARPOL)" from the heading.
[50] Section 50, note
Insert at the end of the section--
Editor's note. See Reg 2.4 of Annex III of MARPOL.
[51] Section 51 Leakages taken to be jettisoned
Omit "(Reg 1 of Annex III of MARPOL)" from the heading.
[52] Section 51, note
Insert at the end of the section--
Editor's note. See Reg 8.1 of Annex III of MARPOL.
[53] Section 52 Empty packaging
Omit "(Reg 1.4 of Annex III of MARPOL)" from the heading.
[54] Section 52, note
Insert at the end of the section--
Editor's note. See Reg 2.3 of Annex III of MARPOL.
[55] Part 6, Division 1, note
Insert after the heading to the Division--
Editor's note. See Reg 11 of Annex IV of MARPOL.
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Schedule 1 Amendment of Marine Pollution Act 2012 No 5
[56] Sections 53-55
Omit "(Reg 11 of Annex IV of MARPOL)" wherever occurring.
[57] Section 56 Defence for discharge caused by damage to ship or equipment
Omit "(Reg 3.1.2 of Annex IV of MARPOL)" from the heading.
[58] Section 56, note
Insert at the end of the section--
Editor's note. See Reg 3.1.2 of Annex IV of MARPOL.
[59] Section 57 Defence for discharge to secure safety or save life
Omit "(Reg 3.1.1 of Annex IV of MARPOL)" from the heading.
[60] Section 57, note
Insert at the end of the section--
Editor's note. See Reg 3.1.1 of Annex IV of MARPOL.
[61] Section 59 Defence of discharge of treated sewage
Omit "(Reg 11.1.2 of Annex IV of MARPOL)" from the heading.
[62] Section 59, note
Insert at the end of the section--
Editor's note. See Reg 11.1.2 of Annex IV of MARPOL.
[63] Part 7, Division 1, note
Insert after the heading to the Division--
Editor's note. See Reg 3.1 of Annex V of MARPOL.
[64] Sections 60-62
Omit "(Regs 3.1 and 5.2 of Annex V of MARPOL)" wherever occurring.
[65] Section 63 Defence if discharge was caused by damage to ship or equipment
Omit "(Reg 6 (b) of Annex V of MARPOL)" from the heading.
[66] Section 63, note
Insert at the end of the section--
Editor's note. See Reg 7.1.2 of Annex V of MARPOL.
[67] Section 64 Defence if discharge was to secure safety or save life
Omit "(Reg 6 (a) of Annex V of MARPOL)" from the heading.
[68] Section 64, note
Insert at the end of the section--
Editor's note. See Reg 7.1.1 of Annex V of MARPOL.
[69] Section 65, note
Insert at the end of the section--
Editor's note. See Reg 7.1.3 of Annex V of MARPOL.
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[70] Sections 68-73
Omit "(cf former Act s 27)" wherever occurring.
[71] Section 75 Division 2 does not apply to certain discharges
Omit "(cf former Act s 26 (c))" from the heading.
[72] Section 76 Division 2 does not apply to discharge for purposes of combating
pollution incidents
Omit "(cf former Act s 27 (2) (a))" from the heading.
[73] Section 77 Division 2 does not apply to certain licensed discharges
Omit "(cf former Act s 27 (2) (b))" from the heading.
[74] Section 78 Keeping of records relating to transfer
Omit "(cf former Act s 29 (2))" from the heading.
[75] Section 79 Entries required to be made
Omit "(cf former Act s 29 (4))" from the heading.
[76] Section 80 Transmission of records relating to transfer operation
Omit "(cf former Act s 29 (5))" from the heading.
[77] Section 81 Disposal of records relating to transfer operation
Omit "(cf former Act s 29 (3) (d))" from the heading.
[78] Section 82 False or misleading entries prohibited
Omit "(cf former Act s 29 (6))" from the heading.
[79] Section 83 Several liability
Omit "(cf former Act s 31)" from the heading.
[80] Section 84 Multiple offenders
Omit "(cf former Act s 25 (3))" from the heading.
[81] Section 87 Master must report reportable incident
Omit "(Article I (1) of Protocol I of MARPOL) (cf former Act ss 10 (1) and 20 (1))" from
the heading.
[82] Section 87, note
Insert at the end of the section--
Editor's note. See Article I(1) of Protocol I of MARPOL.
[83] Section 88 Master must provide supplementary report if Minister requires it
Omit "(Article IV (b) of Protocol I of MARPOL) (cf former Act ss 10 (6) and 20 (6))" from
the heading.
[84] Section 88, note
Insert at the end of the section--
Editor's note. See Article IV(b) of Protocol I of MARPOL.
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[85] Section 89 Master must provide supplementary report if further developments arise
Omit "(Article IV (b) of Protocol I of MARPOL)" from the heading.
[86] Section 89, note
Insert at the end of the section--
Editor's note. See Article IV(a) of Protocol I of MARPOL.
[87] Sections 90 and 91
Omit "(Article I (2) of Protocol I of MARPOL) (cf former Act ss 10 (3) and 20 (3))"
wherever occurring.
[88] Section 90, note
Insert at the end of the section--
Editor's note. See Article I(2) of Protocol I of MARPOL.
[89] Section 91, note
Insert at the end of the section--
Editor's note. See Article I(2) of Protocol I of MARPOL.
[90] Section 92 Duty of other persons to provide supplementary report
Omit "(Article IV (b) of Protocol I of MARPOL) (cf former Act ss 10 (7) and 20 (7))" from
the heading.
[91] Section 92, note
Insert at the end of the section--
Editor's note. See Article IV(a) and (b) of Protocol I of MARPOL.
[92] Section 93 False or misleading reports
Omit "(cf former Act ss 10 (8) and 20 (8))" from the heading.
[93] Section 94 Inadmissibility of certain evidence
Omit "(cf former Act ss 10 (9) and 20 (9))" from the heading.
[94] Sections 95 and 96
Omit "(Reg 37.1 of Annex I of MARPOL)" wherever occurring.
[95] Section 95, note
Insert at the end of the section--
Editor's note. See Reg 37.1 of Annex I of MARPOL.
[96] Section 96, note
Insert at the end of the section--
Editor's note. See Reg 37.1 of Annex I of MARPOL.
[97] Sections 97 and 98
Omit "(Reg 37.2 of Annex I of MARPOL)" wherever occurring.
[98] Section 97, note
Insert at the end of the section--
Editor's note. See Reg 37.2 of Annex I of MARPOL.
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[99] Section 98, note
Insert at the end of the section--
Editor's note. See Reg 37.2 of Annex I of MARPOL.
[100] Sections 100 and 101
Omit "(Reg 17.1 of Annex II of MARPOL)" wherever occurring.
[101] Section 100, note
Insert at the end of the section--
Editor's note. See Reg 17.1 of Annex II of MARPOL.
[102] Section 101, note
Insert at the end of the section--
Editor's note. See Reg 17.1 of Annex II of MARPOL.
[103] Sections 102 and 103
Omit "(Reg 17.2 of Annex II of MARPOL)" wherever occurring.
[104] Section 102, note
Insert at the end of the section--
Editor's note. See Reg 17.2 of Annex II of MARPOL.
[105] Section 103, note
Insert at the end of the section--
Editor's note. See Reg 17.2 of Annex II of MARPOL.
[106] Section 104 Procedures and arrangements manual required
Omit "(Reg 14.1 of Annex II of MARPOL)" from the heading.
[107] Section 104, note
Insert at the end of the section--
Editor's note. See Reg 14.1 of Annex II of MARPOL.
[108] Section 105 Form and content of procedures and arrangements manual
Omit "(Reg 14.2 of Annex II of MARPOL)" from the heading.
[109] Section 105, note
Insert at the end of the section--
Editor's note. See Reg 14.2 of Annex II of MARPOL.
[110] Section 106 Language of procedures and arrangements manual
Omit "(Reg 14.1 of Annex II of MARPOL)" from the heading.
[111] Section 106, note
Insert at the end of the section--
Editor's note. See Reg 14.1 of Annex II of MARPOL.
[112] Section 107, note
Omit "(Reg 9 of Annex V of MARPOL)" from the heading.
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[113] Section 107, note
Insert at the end of the section--
Editor's note. See Reg 10 of Annex V of MARPOL.
[114] Sections 108 and 109
Omit "(Reg 9 (2) of Annex V of MARPOL)" wherever occurring.
[115] Section 108, note
Insert at the end of the section--
Editor's note. See Reg 10.2 of Annex V of MARPOL.
[116] Section 109, note
Insert at the end of the section--
Editor's note. See Reg 10.2 of Annex V of MARPOL.
[117] Sections 110 and 111
Omit "(Reg 9 (1) (a) of Annex V of MARPOL)" wherever occurring.
[118] Section 110, note
Insert at the end of the section--
Editor's note. See Reg 10.1.1 of Annex V of MARPOL.
[119] Section 111, note
Insert at the end of the section--
Editor's note. See Reg 10.1.1 of Annex V of MARPOL.
[120] Section 112, heading
Omit "(Reg 9 (1) (b) of Annex V of MARPOL)" from the heading.
[121] Section 112, note
Insert at the end of the section--
Editor's note. See Reg 10.1.2 of Annex V of MARPOL.
[122] Section 113 Requirement to carry an oil record book
Omit "(Regs 17.1 and 36.1 of Annex I of MARPOL) (cf former Act s 11 (2) and (4))" from
the heading.
[123] Section 113, note
Insert at the end of the section--
Editor's note. See Regs 17.1 and 36.1 of Annex I of MARPOL.
[124] Section 114 Form of oil record book
Omit "(Regs 17.4 and 36.5 of Annex I of MARPOL) (cf former Act s 11 (3))" from the
heading.
[125] Section 114, note
Insert at the end of the section--
Editor's note. See Regs 17.4 and 36.5 of Annex I of MARPOL.
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Schedule 1 Amendment of Marine Pollution Act 2012 No 5
[126] Section 115 Language of oil record book
Omit "(Regs 17.4 and 36.5 of Annex I of MARPOL) (cf former Act s 11 (6) (a))" from the
heading.
[127] Section 115, note
Insert at the end of the section--
Editor's note. See Regs 17.4 and 36.5 of Annex I of MARPOL.
[128] Section 116 Master must sign completed page of oil record book
Omit "(cf former Act s 11 (7))" from the heading.
[129] Section 117 Entries in relation to prescribed operations or occurrences
Omit "(Regs 17.4 and 36.5 of Annex I of MARPOL) (cf former Act s 11 (5))" from the
heading.
[130] Section 117, note
Insert at the end of the section--
Editor's note. See Regs 17.4 and 36.5 of Annex I of MARPOL.
[131] Section 118 Entries in relation to inspections
Omit "(Regs 17.1 and 36.8 of Annex I of MARPOL)" from the heading.
[132] Section 118, note
Insert at the end of the section--
Editor's note. See Regs 17.7 and 36.8 of Annex I of MARPOL.
[133] Section 119 False entries in oil record book
Omit "(Regs 17.7 and 36.8 of Annex I of MARPOL) (cf former Act s 12)" from the
heading.
[134] Section 119, note
Insert at the end of the section--
Editor's note. See Regs 17.7 and 36.8 of Annex I of MARPOL.
[135] Sections 120 and 121
Omit "(Regs 17.6 and 36.7 of Annex I of MARPOL) (cf former Act s 13)" wherever
occurring.
[136] Section 120, note
Insert at the end of the section--
Editor's note. See Regs 17.6 and 36.7 of Annex I of MARPOL.
[137] Section 121, note
Insert at the end of the section--
Editor's note. See Regs 17.6 and 36.7 of Annex I of MARPOL.
[138] Sections 122 and 123
Omit "(Regs 17.7 and 36.8 of Annex I of MARPOL)" wherever occurring.
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[139] Section 122, note
Insert at the end of the section--
Editor's note. See Regs 17.7 and 36.8 of Annex I of MARPOL.
[140] Section 123, note
Insert at the end of the section--
Editor's note. See Regs 17.7 and 36.8 of Annex I of MARPOL.
[141] Section 124 Requirement to carry cargo record book
Omit "(Reg 15.1 of Annex II of MARPOL) (cf former Act s 21 (2) and (4))" from the
heading.
[142] Section 124, note
Insert at the end of the section--
Editor's note. See Reg 15.1 of Annex II of MARPOL.
[143] Section 125 Form of cargo record book
Omit "(Reg 15.1 of Annex II of MARPOL) (cf former Act s 21 (3))" from the heading.
[144] Section 125, note
Insert at the end of the section--
Editor's note. See Reg 15.1 of Annex II of MARPOL.
[145] Section 126 Language of cargo record book
Omit "(Reg 15.4 of Annex II of MARPOL) (cf former Act s 21 (7) (a))" from the heading.
[146] Section 126, note
Insert at the end of the section--
Editor's note. See Reg 15.4 of Annex II of MARPOL.
[147] Section 127 Master must sign completed page of cargo record book
Omit "(Reg 15.4 of Annex II of MARPOL) (cf former Act s 21 (8))" from the heading.
[148] Section 127, note
Insert at the end of the section--
Editor's note. See Reg 15.4 of Annex II of MARPOL.
[149] Section 128 Entries in relation to prescribed operations or occurrences
Omit "(Reg 15.2 of Annex II of MARPOL) (cf former Act s 21 (5))" from the heading.
[150] Section 128, note
Insert at the end of the section--
Editor's note. See Reg 15.2 of Annex II of MARPOL.
[151] Section 129 Entries in relation to inspections
Omit "(Reg 15.6 of Annex II of MARPOL) (cf former Act s 21 (6))" from the heading.
[152] Section 129, note
Insert at the end of the section--
Editor's note. See Reg 15.6 of Annex II of MARPOL.
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[153] Section 130 False entries in cargo record book
Omit "(Reg 15.6 of Annex II of MARPOL) (cf former Act s 22)" from the heading.
[154] Section 130, note
Insert at the end of the section--
Editor's note. See Reg 15.6 of Annex II of MARPOL.
[155] Sections 131 and 132
Omit "(Reg 15.5 of Annex II of MARPOL) (cf former Act s 23)" wherever occurring.
[156] Section 131, note
Insert at the end of the section--
Editor's note. See Reg 15.5 of Annex II of MARPOL.
[157] Section 132, note
Insert at the end of the section--
Editor's note. See Reg 15.5 of Annex II of MARPOL.
[158] Sections 133 and 134
Omit "(Reg 15.6 of Annex II of MARPOL)" wherever occurring.
[159] Section 133, note
Insert at the end of the section--
Editor's note. See Reg 15.6 of Annex II of MARPOL.
[160] Section 134, note
Insert at the end of the section--
Editor's note. See Reg 15.6 of Annex II of MARPOL.
[161] Sections 135, 136, 138 and 141
Omit "(Reg 9.3 of Annex V of MARPOL)" wherever occurring.
[162] Section 135, note
Insert at the end of the section--
Editor's note. See Reg 10.3 of Annex V of MARPOL.
[163] Section 136, note
Insert at the end of the section--
Editor's note. See Reg 10.3 of Annex V of MARPOL.
[164] Section 138, note
Insert at the end of the section--
Editor's note. See Reg 10.3 of Annex V of MARPOL.
[165] Sections 139 and 140
Omit "(Reg 9.3.a of Annex V of MARPOL)" wherever occurring.
[166] Section 139, note
Insert at the end of the section--
Editor's note. See Reg 10.3.1 of Annex V of MARPOL.
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Schedule 1 Amendment of Marine Pollution Act 2012 No 5
[167] Section 140, note
Insert at the end of the section--
Editor's note. See Reg 10.3.1 of Annex V of MARPOL.
[168] Section 141, note
Insert at the end of the section--
Editor's note. See Reg 10.3 of Annex V of MARPOL.
[169] Sections 142, 143, 146 and 147
Omit "(Reg 9.5 of Annex V of MARPOL)" wherever occurring.
[170] Section 142, note
Insert at the end of the section--
Editor's note. See Reg 10.5 of Annex V of MARPOL.
[171] Section 143, note
Insert at the end of the section--
Editor's note. See Reg 10.5 of Annex V of MARPOL.
[172] Sections 144 and 145
Omit "(Reg 9.3.c of Annex V of MARPOL)" wherever occurring.
[173] Section 144, note
Insert at the end of the section--
Editor's note. See Reg 10.3.5 of Annex V of MARPOL.
[174] Section 145, note
Insert at the end of the section--
Editor's note. See Reg 10.3.5 of Annex V of MARPOL.
[175] Section 146, note
Insert at the end of the section--
Editor's note. See Reg 10.5 of Annex V of MARPOL.
[176] Section 147, note
Insert at the end of the section--
Editor's note. See Reg 10.5 of Annex V of MARPOL.
[177] Section 148 Regulations relating to construction of ships
Omit "(Chapters 3 and 4 of Annex I, Regulations 11 and 12 of Annex II, Regulations 1.3
and 2-6 of Annex III and Regulations 2.2, 4 and 11 of Annex IV, of MARPOL) (cf former
Act ss 35 and 40)" from the heading.
[178] Section 148, note
Insert at the end of the section--
Editor's note. See Chapters 3 and 4 of Annex I, Regulations 11 and 12 of Annex II and
Regulations 2.2, 4 and 11 of Annex IV, of MARPOL.
[179] Section 150 Requirement for ship construction certificate
Omit "(Chapter 2 of Annex I of MARPOL) (cf former Act s 39)" from the heading.
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[180] Section 150, note
Insert at the end of the section--
Editor's note. See Chapter 2 of Annex I of MARPOL.
[181] Section 151 Requirement for chemical tanker construction certificate
Omit "(Reg 9.1 of Annex II of MARPOL) (cf former Act s 44)" from the heading.
[182] Section 151, note
Insert at the end of the section--
Editor's note. See Reg 9.1 of Annex II of MARPOL.
[183] Section 152 Requirement for sewage pollution prevention certificate
Omit "(Reg 5 of Annex IV of MARPOL)" from the heading.
[184] Section 152, note
Insert at the end of the section--
Editor's note. See Reg 5 of Annex IV of MARPOL.
[185] Section 173 Application of Part
Omit "(cf former Act s 13A (1))" from the heading.
[186] Sections 174 and 175
Omit "(cf former Act s 13B (2) and (3))" wherever occurring.
[187] Section 176 Ship may be detained
Omit "(cf former Act s 13B (4))" from the heading.
[188] Section 177 Detained ship must not leave port
Omit "(cf former Act s 13B (5) and (6))" from the heading.
[189] Section 178 Minister may arrange for provision of reception facilities
Omit "(cf former Act s 45)" from the heading.
[190] Section 179 Regulations concerning reception facilities
Omit "(cf former Act s 45 (2))" from the heading.
[191] Section 180 Minister may require person to provide, maintain and make available
reception facilities
Omit "(cf former Act s 45 (4))" from the heading.
[192] Section 181 Owner or occupier must comply with requirement relating to reception
facilities
Omit "(cf former Act s 45 (6))" from the heading.
[193] Section 182 Notices
Omit "(cf former Act s 45 (5))" from the heading.
[194] Section 183 Minister may take action to prevent or clean up marine pollution
Omit "(cf former Act ss 46 (1) and 47 (1))" from the heading.
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Schedule 1 Amendment of Marine Pollution Act 2012 No 5
[195] Section 184 Recovery of costs and expenses of preventative action or clean-up
action
Omit "(cf former Act ss 46 (2) and 47 (2))" from the heading.
[196] Section 185 Costs and expenses incurred by Minister are charges on ship
Omit "(cf former Act s 52 (1))" from the heading.
[197] Section 186 Detention of ship until recovery of costs and expenses or giving of
security
Omit "(cf former Act s 52 (2))" from the heading.
[198] Section 188 Obstruction of officers is an offence
Omit "(cf former Act s 50)" from the heading.
[199] Section 203 Minister may take action in event of failure to comply
Omit "(cf former Act s 50 (4))" from the heading.
[200] Section 204 Obstruction of persons acting in compliance with notice is an offence
Omit "(cf former Act s 50)" from the heading.
[201] Section 207 Costs and expenses incurred by Minister are charges on ship
Omit "(cf former Act s 52 (1))" from the heading.
[202] Section 208 Detention of ship until recovery of costs and expenses or giving of
security
Omit "(cf former Act s 52 (2))" from the heading.
[203] Sections 216 and 217
Omit "(cf former Act s 51)" wherever occurring.
[204] Section 218 Joint and several liability where oil or noxious liquid substance is
discharged from pipeline
Omit "(cf former Act s 30)" from the heading.
[205] Section 219 Several liability where oil or noxious liquid substance is discharged from
2 or more ships
Omit "(cf former Act s 31)" from the heading.
[206] Section 220 Rights of recovery not affected
Omit "(cf former Act s 47 (5))" from the heading.
[207] Section 221 Ships that are believed to have discharged marine pollutants may be
detained
Omit "(cf former Act s 52A)" from the heading.
[208] Section 222 Detained ships must not depart
Omit "(cf former Act s 52C)" from the heading.
[209] Section 223 Security may be required to be provided
Omit "(cf former Act s 52A (3))" from the heading.
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Schedule 1 Amendment of Marine Pollution Act 2012 No 5
[210] Section 224 Detained ships must be released if security provided or no liability
Omit "(cf former Act s 52A (2))" from the heading.
[211] Section 225 Security taken by Minister
Omit "(cf former Act s 52B)" from the heading.
[212] Section 228 Powers of inspectors and authorised persons
Omit "(cf former Act s 53 (1))" from the heading.
[213] Section 229 Inspectors and authorised persons may enter or inspect place on land
Omit "(cf former Act s 53 (2))" from the heading.
[214] Section 230 Inspector and authorised persons must not unnecessarily delay ships
Omit "(cf former Act s 53 (4))" from the heading.
[215] Section 231 Obstruction of inspectors and authorised persons
Omit "(cf former Act s 53 (3))" from the heading.
[216] Section 232 Inspectors and certain other persons have no personal liability
Omit "(cf former Act s 60)" from the heading.
[217] Section 233 Time within which proceedings may be commenced
Omit "(cf former Act s 54)" from the heading.
[218] Section 234 Proceedings for offences
Omit "(cf former Act s 55)" from the heading.
[219] Section 235 Offences by corporations
Omit "(cf former Act s 56)" from the heading.
[220] Section 236 Penalties are charges on ship
Omit "(cf former Act s 52 (1))" from the heading.
[221] Section 237 Detention of ship until recovery of penalty or provision of security
Omit "(cf former Act s 52 (2))" from the heading.
[222] Section 238 Records are admissible as evidence
Omit "(cf former Act s 58)" from the heading.
[223] Section 239 Proof of certain matters not required
Omit "(cf former Act s 58 (d) and (e))" from the heading.
[224] Section 240 Evidence of analysts
Omit "(cf former Act s 59)" from the heading.
[225] Section 243 Regulations
Omit "(cf former Act s 61)" from the heading.
[226] Section 245 Orders
Omit "(cf former Act s 62)" from the heading.
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[227] Section 246 Prescribing matters by reference to other instruments
Omit "(cf former Act s 63)" from the heading.
[228] Section 249 Act to bind Crown
Omit "(cf former Act s 4)" from the heading.
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Schedule 2 Amendment of other instruments
Schedule 2 Amendment of other instruments
2.1 Fire and Rescue NSW Act 1989 No 192
[1] Section 3 Definitions
Insert in alphabetical order in section 3(1)--
prescribed waters means--
(a) coastal waters of the State, within the meaning of Part 10 of the
Interpretation Act 1987, and
(b) waters within the limits of the State prescribed as the boundaries of a
port under section 105 of the Ports and Maritime Administration Act
1995, and
(c) other waters within the limits of the State prescribed by the regulations
for the purposes of this definition.
[2] Section 4 Application of Act
Omit "State waters, as defined in the Marine Pollution Act 2012" from section 4(2).
Insert instead "prescribed waters".
[3] Section 4(3)
Omit "State waters". Insert instead "prescribed waters".
[4] Section 20A Hazardous material incidents outside area to which Act applies
Omit "State waters" wherever occurring in section 20A(1) and (3).
Insert instead "prescribed waters".
[5] Section 20A(4), definition of "State waters"
Omit the definition.
2.2 Fire Brigades Regulation 2014
[1] Clause 51A
Insert after clause 51--
51A Prescribed waters
For the purposes of the definition of prescribed waters in section 3(1) of the
Act, the waters specified in Schedule 4 are prescribed.
[2] Schedule 4
Insert after Schedule 3--
Schedule 4 Prescribed waters
(clause 51A)
1 Coffs Harbour
The harbour known as Coffs Harbour.
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Marine Pollution Amendment (Review) Bill 2021 [NSW]
Schedule 2 Amendment of other instruments
2 Hastings River (Port Macquarie)
The waters of the Hastings River below the mean high water mark from the
river entrance to the eastern side of the Dennis Bridge carrying the Pacific
Highway, together with the waters below the mean high water mark of the
slipway cove in the southern bank of the river immediately east of the Dennis
Bridge.
3 Jervis Bay
That part of Jervis Bay below the mean high water mark that lies within the
State.
4 Port Stephens
That part of Port Stephens below the mean high water mark bounded by a
straight line drawn from the southern extremity of Corrie Island in a south
easterly direction across the waterway to a point on the southern shore in line
with the highest point of Tomaree Head.
2.3 Marine Pollution Regulation 2014
[1] Clause 4 Waters prescribed as State waters
Omit the clause.
[2] Clause 7 Adoption of Commonwealth Order about pollution from noxious liquid
substances
Omit "A, B, C or D substance" from clause 7(2). Insert instead "X, Y, Z or other substance".
[3] Clause 9 Adoption of Commonwealth Order about pollution from sewage
Omit "Marine Order 96 (Marine pollution prevention--sewage) 2013 of the
Commonwealth, as in force on 14 December 2013".
Insert instead "Marine Order 96 (Marine pollution prevention--sewage) 2018 of the
Commonwealth, as in force on 15 March 2018".
[4] Clause 10 Adoption of Commonwealth Order about pollution from garbage
Omit "Marine Order 95 (Marine pollution prevention--garbage) 2013" wherever
occurring.
Insert instead "Marine Order 95 (Marine pollution prevention--garbage) 2018".
[5] Clause 10(1)
Omit "1 July 2013". Insert instead "23 February 2018".
[6] Clause 12 Definitions
Omit "navigable" wherever occurring in the definitions of inland waters and Murray
River.
[7] Clause 12, definition of "navigable waters"
Omit the definition.
[8] Clauses 14(1), 16(1) and 36(1)
Omit "navigable waters" wherever occurring. Insert instead "State waters".
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Marine Pollution Amendment (Review) Bill 2021 [NSW]
Schedule 2 Amendment of other instruments
[9] Clause 16, heading
Omit "systems". Insert instead "plants".
[10] Clause 16
Omit "system" wherever occurring. Insert instead "plant".
[11] Part 4, heading
Omit the heading. Insert instead--
Part 4 Emergency plans--oil spill response plans for
trading ships
[12] Part 4, Division 1, heading
Omit the heading.
[13] Clause 38 Definitions
Omit "Division". Insert instead "Part".
[14] Part 4, Division 2
Omit the Division.
[15] Clause 55, heading
Omit the heading. Insert instead--
55 Ship construction certificates, chemical tanker construction certificates and
sewage pollution prevention certificates
[16] Clause 55(1) and (2)
Omit "marine safety authority" wherever occurring. Insert instead "maritime authority".
[17] Clause 55(3)
Insert after clause 55(2)--
(3) A certificate issued by a maritime authority of another State or of the Northern
Territory certifying that a ship is constructed in accordance with the provisions
of Annex IV of MARPOL is prescribed for the purposes of the definition of
sewage pollution prevention certificate in section 152(4) of the Act.
[18] Clauses 56 and 57
Omit the clauses.
[19] Clause 60 Fees
Insert at the end of the table--
Preparation and giving of a marine pollution removal $466
notice under section 202C of the Act
Deposit of garbage record book $40
[20] Clause 61 Decisions that are reviewable by Civil and Administrative Tribunal
Omit the clause.
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Marine Pollution Amendment (Review) Bill 2021 [NSW]
Schedule 2 Amendment of other instruments
[21] Schedule 1 State waters
Omit the Schedule.
[22] Schedule 4 Modification of Marine Order 93 (Marine pollution prevention--noxious
liquid substances) 2014
Omit "Appendix 2" from clause 24(1). Insert instead "Appendix II".
[23] Schedule 4, clause 25(b)
Insert "II" after "Appendix".
[24] Schedule 5 Modification of Marine Order 94 (Marine pollution prevention--packaged
harmful substances) 2014
Omit "Regulations 2-5" from clause 8(1). Insert instead "Regulations 3-6".
[25] Schedule 5, clause 8(2) and (3)
Omit "Regulation 4" wherever occurring. Insert instead "Regulation 5".
[26] Schedule 5, clause 8, note
Omit the note to the clause. Insert instead--
Note. Regulations 3 and 6 of Annex III set out requirements for the packing and
stowage of packaged harmful substances. Regulations 4 and 5 of Annex III mention
requirements for the transport of packaged harmful substances including the need to
comply with the International Dangerous Goods Code (the IMDG Code) for marking
and labelling and the preparation of a special list, manifest or stowage plan.
The IMDG Code as currently in force is available from the IMO website at
http://www.imo.org. The IMO resolution that adopts or amends the IMDG Code is listed
on AMSA's website.
[27] Schedule 6
Omit the Schedule. Insert instead--
Schedule 6 Modification of Marine Order 96 (Marine
pollution prevention--sewage) 2018
(clause 9)
Note. This Schedule sets out the Marine Order as adopted and modified.
Division 1 Preliminary
1 Name of Order
This Order is Marine Order 96 (Marine pollution prevention--sewage) 2018.
1A, 1B [Numbers not used]
2 Purpose
This Order--
(a) gives effect to Annex IV of MARPOL (which deals with prevention of
marine pollution by sewage from ships).
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Marine Pollution Amendment (Review) Bill 2021 [NSW]
Schedule 2 Amendment of other instruments
3 [Number not used]
4 Definitions
In this Order--
2012 Guidelines means the 2012 Guidelines on implementation of effluent
standards and performance tests for sewage treatment plants adopted by IMO
Resolution MEPC.227(64), as in force from time to time.
Annex IV means Annex IV of MARPOL.
Note 1. Some terms used in this Order are defined in Marine Order 1 (Administration)
2013, including IMO.
Note 2. A copy of IMO documents mentioned in this Order is available on the IMO
website at http://www.imo.org. Information on obtaining copies of IMO documents is
also on AMSA's website at http://www.amsa.gov.au.
5, 6 [Numbers not used]
Division 2 Systems, equipment etc required by Annex IV
7 Sewage systems (MARPOL IV-9)
A vessel to which Annex IV applies and section 4.2 of the 2012 Guidelines
does not apply must be equipped with--
(a) a sewage treatment plant, approved by an issuing body, that complies
with--
(i) Regulation 9 of Annex IV, and
(ii) for a system installed on a vessel after 31 December 2015--IMO
Resolution MEPC.227(64), other than the requirements of
section 4.2 of the 2012 Guidelines, and
(iii) for a system installed on a vessel after 31 December 2009 and
before 1 January 2016--IMO Resolution MEPC.159(55), and
(iv) for a system installed on a vessel before 1 January 2010--IMO
Resolution MEPC.2(VI), or
(b) a sewage comminuting and disinfecting system, approved by an issuing
body, that complies with Regulation 9 of Annex IV, or
(c) a holding tank, approved by an issuing body, that complies with
Regulation 9 of Annex IV.
8 [Number not used]
9 Standard discharge connections (MARPOL IV-10)
(1) The vessel must have a standard discharge connection mentioned in
Regulation 10 of Annex IV.
(2) However, for a passenger vessel, the vessel's discharge pipeline may be fitted
with a discharge connection approved by an issuing body (eg a
quick-connection coupling).
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Marine Pollution Amendment (Review) Bill 2021 [NSW]
Schedule 2 Amendment of other instruments
Division 3
10-17 [Numbers not used]
Division 4
18 [Number not used]
Division 5
19 [Number not used]
Division 6
20-22 [Numbers not used]
[28] Schedule 7
Omit the Schedule. Insert instead--
Schedule 7 Modification of Marine Order 95 (Marine
pollution prevention--garbage) 2018
(clause 10(1))
Note. This Schedule sets out the Marine Order as adopted and modified.
Division 1 Preliminary
1 Name of Order
This Order is Marine Order 95 (Marine pollution prevention--garbage) 2018.
1A, 1B [Numbers not used]
2 Purpose
This Order prescribes matters necessary to give effect to Annex V of
MARPOL.
Note. Annex V of MARPOL contains regulations for the prevention of pollution of the
sea by garbage from ships.
3 [Number not used]
4 Definitions
In this Order--
inspector means a person appointed as an inspector under section 226 of the
Marine Pollution Act 2012.
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Marine Pollution Amendment (Review) Bill 2021 [NSW]
Schedule 2 Amendment of other instruments
surveyor means a person appointed to be a surveyor under section 190 of the
Navigation Act 2012 of the Commonwealth.
Note. Some terms used in this Order are defined in Marine Order 1 (Administration)
2013, including--
(a)AMSA,
(b)IMO,
(c)Manager, Ship Inspection and Registration,
(d)SOLAS.
5 [Number not used]
Division 2 Discharge of garbage--prescribed matters
6-8 [Numbers not used]
Division 3 Garbage record books and management plans
9 [Number not used]
10 Garbage record book
(1) For the purposes of section 138(1) of the Marine Pollution Act 2012, the form
that includes the matters set out in Appendix II to Annex V of MARPOL is the
prescribed garbage record book.
(2) For the purposes of section 141 of the Marine Pollution Act 2012, each
operation or occurrence mentioned in section 4 of Appendix II to Annex V of
MARPOL is prescribed.
(3) For the purposes of section 145(1)(b) of the Marine Pollution Act 2012, a
surveyor is the prescribed officer.
11 [Number not used]
12 Garbage management plan
For the purposes of section 108(1) of the Marine Pollution Act 2012, the
garbage management plan must be in a form that includes the matters
mentioned in section 4 of the 2012 Guidelines for the Development of
Garbage Management Plans set out in the Annex to IMO Resolution
MEPC.220(63), as amended from time to time.
Note. The matters mentioned in these Guidelines are about designating a person in
charge of carrying out the plan, and procedures for minimising, collecting, storing,
processing and discharging garbage.
2.4 Marine Safety Act 1998 No 121
Section 4 Definitions
Omit the note to the definition of State waters in section 4(1).
Insert instead--
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Marine Pollution Amendment (Review) Bill 2021 [NSW]
Schedule 2 Amendment of other instruments
Note. Part 10 of the Interpretation Act 1987 defines coastal waters of the State
generally as that part of the territorial sea of Australia that is within 3 nautical miles of
the coast. The Marine Pollution Act 2012 defines State waters differently for the
purposes of that Act. The definition in the Marine Pollution Act 2012 extends to waters
within the limits of the State.
2.5 Marine Safety Regulation 2016
[1] Schedule 10 Penalty notice offences--offences under Marine Pollution Act 2012
Omit the matter relating to section 74(1) or (2). Insert in appropriate order--
Section 55A(1)(a) and (b) 5 6
Section 202A(5) 5 6
Section 202C(5) 5 5
[2] Schedule 10
Omit the matters relating to sections 157, 158, 160, 161(1), 163, 164 and 172(1).
Page 43
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