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These Regulations may be cited as the Marine Pollution Regulations
2003.
These Regulations come into operation on the commencement of section 99 of the Act.
In these Regulations, unless the contrary intention appears:
approved means approved by the Chief Executive Officer.
fishing vessel means a vessel that is used wholly or principally for fishing operations and includes a vessel that is used:
(a) to provide food, fuel and other supplies to persons who are engaged in fishing operations; or
(b) to transport crew and other persons who are engaged in fishing operations.
food waste means any spoiled or unspoiled victual substances generated in the normal operation of the ship, and includes fruits, vegetables, dairy products, poultry, meat products, food scraps and food particles.
IMO means the International Maritime Organization.
IOPP Certificate means an International Oil Pollution Prevention Certificate issued in accordance with Annex I to MARPOL.
oily mixture means a mixture with any oil content.
registered office has the meaning given by regulation 42.
trading ship means a ship (other than a Commonwealth vessel under the Commonwealth Navigation Act or a fishing vessel) that is used for or in connection with any business or commercial activity and includes a vessel that is used wholly or principally for:
the carriage of passengers or cargo for hire or reward; or
(b) the provision of services to ships or shipping whether for reward or otherwise.
Section 14 of the Act does not apply in relation to a discharge of oil from an oil tanker from its machinery space bilges (other than its cargo pump room bilges) if:
the oil does not include oil cargo residue;
the tanker is proceeding en route;
(c) the oil content of the effluent does not exceed 15 parts in one million parts; and
(d) the tanker has in operation oily-water separating equipment in accordance with the tanker's IOPP Certificate.
Section 14 of the Act does not apply in relation to a discharge of oil or an oily mixture from a ship that has a gross tonnage of 400 or more and is not an oil tanker if:
the ship is proceeding en route;
(b) the oil content of the effluent does not exceed 15 parts in one million parts; and
(c) the ship has in operation equipment required under Regulation 16 of Annex I to MARPOL.
(1) Section 14 of the Act does not apply in relation to a discharge of clean or segregated ballast (within the meaning of Annex I to MARPOL) or an unprocessed oily mixture if:
(a) the oily mixture does not originate from the cargo pump room bilges of the ship;
the oily mixture does not include oil cargo residue; and
(c) the oil content of the mixture without dilution does not exceed 15 parts in one million parts.
(2) In this regulation, a reference to an oily mixture does not include an oily mixture that contains:
(a) chemicals or other substances in quantities or concentrations that are hazardous to the marine environment; or
(b) chemicals or other substances that have been introduced for the purpose of attempting to bring a discharge of oil or an oily mixture within an exemption provided in this Division from the operation of section 14 of the Act.
A ship's shipboard oil pollution emergency plan required under section 17 of the Act must be in the approved form and include the following particulars:
the procedure to be followed by the ship's master or other person having charge of the ship in notifying an incident involving the ship if a discharge of oil happens;
a list of the authorities or persons to be notified by persons on the ship if the incident happens;
a detailed description of the action to be taken immediately after the incident by persons on board the ship to reduce or control any discharge of oil from the ship resulting from the incident;
the procedures to be followed for coordinating with authorities or persons that have been contacted and the name of the person on board the ship through whom all communications are to be made.
(2) The ship's owner must submit the plan and an approval fee of 57 revenue units to the Chief Executive Officer for approval.
The Chief Executive Officer may approve the plan or refuse to approve it.
If the Chief Executive Officer refuses to approve the plan, he or she must advise the ship's owner of the reasons for refusing to approve it.
A ship that is not an oil tanker and has a gross tonnage of 400 or more must carry a current oil record book (Part I) that is readily available for inspection at all reasonable times.
A ship that is an oil tanker and has a gross tonnage of 150 or more must carry a current oil record book (Part I and II) that is readily available for inspection at all reasonable times.
Any previous oil record book must be carried on the ship and be readily available for inspection at all reasonable times for at least one year from the date of the last entry made in the book.
After the one year period referred to in subregulation (3), the previous oil record book must be kept for a further 2 years:
if the ship's owner has a registered office – on board the ship or at the registered office; or
subject to subregulation (5), if the ship's owner does not have a registered office – on board the ship,
and be readily available for inspection at all reasonable times.
If the ship's owner does not have a registered office, the previous oil record book may be deposited with the Chief Executive
Officer and the book will be taken to be readily available for inspection.
If a ship does not carry a current oil record book in accordance with subregulation (1) or (2), or a previous oil record book in accordance with subregulation (3), the ship's master and owner each commit an offence.
Maximum penalty: 100 penalty units.
If a previous oil record book is not kept in accordance with subregulation (4) or deposited with the Chief Executive Officer in accordance with subregulation (5), the ship's owner commits an offence.
Maximum penalty: 100 penalty units.
An oil record book must contain the particulars set out in
Appendix III to Annex 1 to MARPOL and must make provision for a signature for each entry made in it and for each page of it.
(1) If a recordable operation or event is carried out or happens in or in relation to a ship, the ship's master must make or cause to be made an appropriate entry about the operation or event in the oil record book without delay.
Maximum penalty: 100 penalty units.
An entry in a ship's oil record book must:
be made in the English language;
(b) include the particulars required by Appendix III to Annex 1 to MARPOL; and
be signed by:
(i) for a recordable operation – the officer or other person in charge of the operation; or
for a recordable event – the person in control of the ship.
Maximum penalty: 100 penalty units.
(3) When a page of a ship's oil record book is completed, the ship's master must sign the page without delay.
Maximum penalty: 100 penalty units.
(4) In this regulation, recordable operation or event means an operation or event mentioned in Schedule 1, Part 1 that takes place or occurs in coastal waters.
The categorization of a noxious liquid substance as a Category A, B,
C or D substance is in accordance with Annex II to MARPOL.
Section 21 of the Act does not apply in relation to a discharge from a ship of a Category A substance or a mixture containing a Category A substance if:
(a) one or more of the ship's tanks held the Category A substance or the mixture containing a Category A substance;
the tank has been washed in accordance with regulation 22 or 23;
(c) any residue remaining in the tank has been diluted by the addition of water; and
(d) the water containing the residue is discharged in accordance with regulation 16(1).