Marine-related Incidents (MARPOL Implementation) Regulations 2020

Marine-related Incidents (MARPOL Implementation) Regulations 2020

22 December 2020

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Marine-related Incidents (MARPOL Implementation) Act 2020.

These regulations may be cited as the Marine-related Incidents (MARPOL Implementation) Regulations 2020.

These regulations take effect on the day on which the last of the uncommenced provisions of the Marine-related Incidents (MARPOL Implementation) Act 2020 commences.

In these regulations –

Act means the Marine-related Incidents (MARPOL Implementation) Act 2020;

Marine Order 91 means Marine Order 91 (Marine pollution prevention — oil) 2014 of the Commonwealth;

Marine Order 94 means Marine Order 94 (Marine pollution prevention — packaged harmful substances) 2014 of the Commonwealth;

Marine Order 95 means Marine Order 95 (Marine pollution prevention — garbage) 2018 of the Commonwealth;

Marine Order 96 means Marine Order 96 (Marine pollution prevention — sewage) 2018 of the Commonwealth.

For the purposes of paragraph (b) of the definition of prescribed officer in section 3(1) of the Act, the following officers are prescribed:

for the purposes of sections 13(3), 13(9), 23(3), 23(9), 27(3) and 27(9) of the Act – the person referred to in section 43(2)(b) of the Act who is a member of the State Marine Pollution Committee; and a harbour master;

for the purposes of section 29(5)(a) of the Act – an inspector appointed under section 7(1)(e) of the Act; and an inspector within the meaning of section 3(1) of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 of the Commonwealth.

For the purposes of sections 13(2), 13(5), 23(2), 23(5), 27(2), 27(5), 41(2), (3), (4) and (7) of the Act, a prescribed officer is notified of an incident in the prescribed manner if –

he or she is notified, using the contact information for the prescribed officer published by the Department, by – telephone; or radio; and the notification commences with the code letters "POLREP" and the name, IMO number and radio call-sign of the ship.

For the purposes of sections 13(3), 13(9), 23(3), 23(9), 27(3) and 27(9) of the Act, the prescribed time within which a report required under the relevant section must be given is 24 hours after the request for the report is made.

For the purposes of section 16(2)(a)(i) of the Act, a ship-to-ship operations plan for an oil tanker is to be in the form specified in section 24 of Marine Order 91.

For the purposes of section 17(1)(b) of the Act, the prescribed qualification requirements are those specified in section 25 of Marine Order 91.

For the purposes of section 18(1) of the Act, the prescribed information is the information specified in section 27 of Marine Order 91.

For the purposes of section 18(2) and (3) of the Act, a prescribed officer is notified of a transfer, and ship-to-ship transfer information, in the prescribed manner if he or she is notified of these matters, using the contact information for the prescribed officer published by the Department, by – email; or facsimile.

For the purposes of section 18(4)(c) of the Act, a prescribed officer is notified of the new estimated time of arrival in the prescribed manner if he or she is notified of that time, using the contact information for the prescribed officer published by the Department, by – telephone; or radio; or email.

For the purposes of section 26(5)(a) of the Act, the prescribed requirements for washing a substance overboard are the requirements specified in section 9 of Marine Order 94.