Marine Pollution Regulation 2024

This regulation is the Marine Pollution Regulation 2024.

This regulation commences on 25 March 2024.

Note—

This regulation repeals and replaces the Marine Pollution Regulation 2014, which would otherwise be repealed on 1 September 2024 by the Subordinate Legislation Act 1989, section 10(2).

The dictionary in Schedule 7 defines words used in this regulation.

Note—

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this regulation.

For the Act, section 97, a shipboard oil pollution emergency plan must comply with the requirements of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 of the Commonwealth, section 11A(4).

This section applies to a ship—

used wholly or primarily to carry cargo, and

on a voyage—

to or from Lord Howe Island, or

on which Lord Howe Island is a port of call.

The master and owner of the ship are each guilty of an offence if the following are not carried on board the ship—

an oil spill response plan written in English and approved by the Minister that provides for the following—

the equipment, materials and substances that must be carried on board the ship to respond to an oil spill,

the way the equipment, materials and substances must be stowed and maintained,

the action to be taken by the master and crew of the ship if an oil spill occurs,

the training that must be completed by the master and crew,

the equipment, materials and substances required by the oil spill response plan.

Maximum penalty—$11,000.

The master and owner of the ship are each guilty of an offence if the master and crew of the ship have not been trained to apply the oil spill response plan.

Maximum penalty—$11,000.

(Repealed)

An oil spill response plan may be approved by the Minister, either generally or for a specified ship.

For the Act, section 114(1)—

a ship mentioned in the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 of the Commonwealth, section 12(1)(a) must carry oil record books consisting of the form set out in MARPOL, Annex I, Appendix III, Parts I and II, and

a ship mentioned in of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 of the Commonwealth, section 12(1)(b) must carry oil record books consisting of the form set out in MARPOL, Annex I, Appendix III, Part I.

A time stated in an oil record book must be expressed—

in Co-ordinated universal time, or

if the conversion to Co-ordinated universal time can not readily be made—in ship’s time.

Note—

See Marine Order 91 (Marine pollution prevention — oil) 2014 of the Commonwealth, section 30.

For the Act, section 117(1), each of the following is a prescribed occurrence—

discharging oil or an oily mixture from a ship into the sea to secure the safety of the ship or to save life at sea,

discharging oil or an oily mixture into the sea because of damage to the ship or its equipment,

discharging substances containing oil into the sea to deal with a specific pollution incident,

failure of the ship’s oil discharge monitoring control system,

failure of the ship’s oil filtering equipment,

accidental or other exceptional discharge of oil not mentioned in paragraphs (a)–(c).

Note—

See Marine Order 91 (Marine pollution prevention — oil) 2014 of the Commonwealth, section 31.

For the Act, section 173(a), it is declared that the Act, Part 13 applies to a special recreational vessel.

This section has effect from 1 July 2025.

In this section—

special recreational vessel has the same meaning as in the Special Recreational Vessels Act 2019 of the Commonwealth.

The following provisions of MARPOL, Annex II have effect for a vessel to which the Act, Part 4 applies—

regulation 12,

regulation 13, paragraph 3,

regulation 16.

Note 1—

For regulation 12, paragraph 5, AMSA has approved the procedure for testing the efficiency of a cargo pumping system mentioned in Annex II, Appendix V.

Note 2—

For regulation 13, paragraph 3, AMSA has approved the ventilation procedures mentioned in Annex II, Appendix VII.

Note 3—

For regulation 16, AMSA has approved prewash procedures mentioned in Annex II, Appendix VI.

Note 4—

See Marine Order 93 (Marine pollution prevention — noxious liquid substances) 2014 of the Commonwealth, section 10.

The master of a ship must ensure that a tank from which a noxious liquid substance has been unloaded is washed in accordance with the provisions of MARPOL, Annex II applying to the tank.

Maximum penalty—$2,200.

For the Act, section 102, a shipboard marine pollution emergency plan must comply with the requirements of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 of the Commonwealth, section 22A(3).

Note—

See Marine Order 93 (Marine pollution prevention — noxious liquid substances) 2014 of the Commonwealth, section 23.

For the Act, section 125(1), the prescribed matters that must be kept in a cargo record book are the matters set out in MARPOL, Annex II, Appendix II.

A time stated in a cargo record book must be expressed—

in Co-ordinated universal time, or

if the conversion to Co-ordinated universal time can not readily be made—in ship’s time.

Note—

See Marine Order 93 (Marine pollution prevention — noxious liquid substances) 2014 of the Commonwealth, section 24.