Document ID: chunk:federal_register_of_legislation:C2004A04362:front:0:p11
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in Schedule 3).

New Schedule

28. The Principal Act is amended by adding at the end the Schedule set out in Schedule 2 to this Act.

PART 9—AMENDMENTS OF THE PROTECTION OF THE SEA (PREVENTION OF POLLUTION FROM SHIPS) ACT 1983

Principal Act

29. In this Part, "Principal Act" means the Protection of the Sea (Prevention of Pollution from Ships) Act 19838.

Interpretation

30.(1) Section 3 of the Principal Act is amended by inserting after paragraph (ad) of the definition of "the 1978 Protocol" in subsection (1) the following paragraph:

      "(ae) the amendments to the annex of the Protocol adopted on 16 November 1990 (a copy of the English text of which is set out in Schedule 9); and".

(2) Section 3 of the Principal Act is amended by inserting after paragraph (ae) of the definition of "the 1978 Protocol" in subsection (1) the following paragraphs:

       "(af) the amendments to the annex of the Protocol adopted on 4 July 1991 (a copy of the English text of which is set out in Schedule 10); and

      (ag) the amendments to the annex of the Protocol adopted on 4 July 1991 (a copy of the English text of which is set out in Schedule 11); and"

(3) Section 3 of the Principal Act is amended by inserting in subsection (1) the following definitions:

" 'Antarctic Area' means the sea area south of 60° south latitude;

'Antarctic Protocol' means the Protocol on Environmental Protection to the Antarctic Treaty (a copy of the English text of which, apart from Annexes I, II, III and V to it, is set out in Schedule 12);

   Note: For a copy of the English text of the Antarctic Treaty, see the Schedule to the Antarctic Treaty Act 1960.".

Prohibition of discharge of oil or oily mixtures into sea

31.     Section 9 of the Principal Act is amended by inserting in paragraph (4)(h) "(other than the Antarctic Area)" after "special area".

32.     After section 11 of the Principal Act the following section is inserted:

Shipboard oil pollution emergency plan

  "11A.(1) This section applies to:

     (a)     an Australian ship (whether an oil tanker or not) that has a gross tonnage of 400 or more; and

     (b)     an Australian ship that is an oil tanker with a gross tonnage of less than 400 but not less than 150.

  "(2) In this section:

'prescribed incident', in relation to a ship, has the same meaning as in section 11.

"(3) There must be 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