Document ID: chunk:federal_register_of_legislation:C2004A04362:front:0:p12
Version: federal_register_of_legislation:C2004A04362
Segment Type: other
Provision Reference: 
Character Range: 28532–31318

kept on board a ship to which this section applies a shipboard oil pollution emergency plan written in the working language of the master of, and the officers on board, the ship.

"(4) A shipboard oil pollution emergency plan must be in accordance with the prescribed form and set out the following particulars:

    (a)     the procedure to be followed by the master, or any other person having charge, of the ship in notifying a prescribed incident in relation to the ship;

    (b)     a list of the authorities or persons that are to be notified by persons on the ship if a prescribed incident occurs in relation to the ship;

    (c)     a detailed description of the action to be taken, immediately after a prescribed incident, by persons on board the ship to reduce or control any discharge from the ship resulting from the incident;

    (d)     the procedures to be followed for co-ordinating with the authorities or persons that have been contacted (whether in Australia or in a country near to the place where the incident occurred) any action taken in combating the pollution caused by the incident and, in particular, the person on board the ship through whom all communications are to be made.

"(5) The procedure referred to in paragraph (4)(a) must be in accordance with the regulations prescribing, for the purposes of subsection 11(1), the manner in which a prescribed incident is to be notified.

"(6) Subsection (4) does not prevent other relevant particulars from being included in the shipboard oil pollution emergency plan.

"(7) If a ship to which this section applies does not have on board a shipboard oil pollution emergency plan, the master of the ship and the owner of the ship are each guilty of an offence punishable on conviction by a fine not exceeding $50,000.".

Interpretation

33. Section 26A of the Principal Act is amended by omitting subsection (1) and substituting the following subsection:

  "(1) In this Part:

'harmful substance' means a substance which is identified as a marine pollutant in the International Maritime Dangerous Goods (IMDG) Code;

'packaged form' means a form of containment specified for harmful substances in the International Maritime Dangerous Goods (IMDG) Code.".

Repeal

  34. Section 26AA of the Principal Act is repealed.

Prohibition of discharge by jettisoning of harmful substances into the sea

35.     Section 26AB of the Principal Act is amended by omitting from subsection (1) "or in a freight container, portable tank or road and rail tank wagon".

36.     After section 26B of the Principal Act the following Division and heading are inserted in Part IIIB:

"Division 1—Discharge of sewage in the Antarctic Area

Interpretation

"26BA. Unless the contrary intention appears, an expression that is used in