S. 3A inserted by No. 6/2010 s. 24(5)(Sch. 1 item 9) (as amended by No. 45/2010 s. 5). 3A Transport Integration Act 2010 This Act is transport legislation within the meaning of the Transport Integration Act 2010. 4 Act to bind Crown s. 3A (1) This Act binds the Crown in right of and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities. (2) Nothing in this Act renders the Commonwealth or a State or Territory of the Commonwealth liable to be prosecuted for an offence. (3) Subsection (2) does not affect any liability of any servant or agent of the Commonwealth or of a State or Territory of the Commonwealth to be prosecuted for an offence. 5 Saving of other laws This Act shall be read and construed as being in addition to and not in derogation of any other law of the State. 6 Delegation s. 6 S. 6(1) amended by No. 82/1995 s. 182(1). (1) The Authority may, by instrument, delegate to a person any power of the Authority under this Act, other than this power of delegation. S. 6(2) substituted by Nos 52/1988 s. 161(Sch. 6 item 9.4), 82/1995 s. 182(2), amended by No. 37/2014 s. 10(Sch. item 127.2). (2) An authorised officer (other than a police officer) may, by instrument, delegate to any other person any power as an authorised officer under this Act, other than this power of delegation. _______________
S. 19(6) amended by No. 46/1991 s. 12(d). (6) A master of a ship who, pursuant to subsection (1), has notified a prescribed officer of the occurrence of a prescribed incident shall, if so requested by a prescribed officer, furnish, within the prescribed time, a report to a prescribed officer in relation to the incident in accordance with the prescribed form. Penalty: 200 penalty units. S. 19(7) amended by No. 46/1991 s. 12(e). (7) Where subsection (3) applies in relation to a prescribed incident in relation to a ship, a person who, pursuant to that subsection, has notified a prescribed officer of the occurrence of the prescribed incident shall, if so requested by a prescribed officer, furnish, within the prescribed time, a report to a prescribed officer in relation to the incident in accordance with the prescribed form. Penalty: 200 penalty units. S. 19(8) amended by No. 46/1991 s. 12(f)(g). (8) A person shall not, in a notice given to a prescribed officer pursuant to subsection (1) or (3) or in a report furnished to a prescribed officer pursuant to subsection (6) or (7), knowingly or recklessly make a statement that is false or misleading in a material particular. Penalty: 200 penalty units. s. 19 (9) A notice given to a prescribed officer pursuant to subsection (1) or (3), and a report furnished to a prescribed officer pursuant to subsection (6) or (7), shall not, without the consent of the person charged, be admitted in evidence in a prosecution for an offence against section 18(1).
(b) comply as fully as possible with requests from affected States for additional information concerning the incident. PROTOCOL II ARBITRATION 10 Article I Arbitration procedure, unless the Parties to the dispute decide otherwise, shall be in accordance with the rules set out in this Protocol. Article II (1) An Arbitration Tribunal shall be established upon the request of one Party to the Convention addressed to another in application of Article 10 of the present Convention. The request for arbitration shall consist of a statement of the case together with any supporting documents. (2) The requesting Party shall inform the Secretary-General of the Organization of the fact that it has applied for the establishment of a Tribunal, of the names of the Parties to the dispute, and of the Articles of the Convention or Regulations over which there is in its opinion disagreement concerning their interpretation or application. The shall transmit this information to all Parties. Article III Sch. 1 The Tribunal shall consist of three members: one Arbitrator nominated by each Party to the dispute and a third Arbitrator who shall be nominated by agreement between the two first named, and shall act as its Chairman. Article IV (1) If, at the end of a period of sixty days from the nomination of the second Arbitrator, the Chairman of the Tribunal shall not have been nominated, the Secretary-General of the Organization upon request of either Party shall within a further period of sixty days proceed to such nomination, selecting him from a list of qualified persons previously drawn up by the Council of the Organization.
(5) Ventilation procedures approved by the Administration may be used to remove cargo residues from a tank. Such procedures shall be based upon standards developed by the Organization. If subsequent washing of the tank is necessary, the discharge into the sea of the resulting tank washings shall be made in accordance with paragraph (1), (2), (3) or (4) of this Regulation, whichever is applicable. Sch. 1 (6) The discharge into the sea of substances which have not been categorized, provisionally assessed, or evaluated as referred to in Regulation 4(1) of this Annex, or of ballast water, tank washings, or other residues or mixtures containing such substances shall be prohibited. Categories A, B and C Substances within Special Areas Subject to the provisions of Regulation 6 of this Annex, (7) The discharge into the sea of substances in Category A as defined in Regulation 3(1)(a) of this Annex, or of those provisionally assessed as such, or ballast water, tank washings, or other residues or mixtures containing such substances shall be prohibited. If tanks containing such substances or mixtures are to be washed the resulting residues shall be discharged to a reception facility which the States bordering the special area shall provide in accordance with Regulation 7 of this Annex, until the concentration of the substance in the effluent to such facility is at or below the residual concentration prescribed for that substance in column IV of Appendix II to this Annex and until the tank is empty. Provided that the residue then remaining in the tank is subsequently diluted by the addition of a volume of water of not less than 5 per cent of the total volume of the tank, it may be discharged into the sea when all the following conditions are also satisfied: (a) The ship is proceeding en route at a speed of at least 7 knots in the case of self-propelled ships or at least 4 knots in the case of ships which are not (b) The discharge is made below the waterline, taking into account the location of the seawater intakes; and (c) The discharge is made at a distance of not less than 12 nautical miles from the nearest land and in a depth of water of not less than 25 metres.
Regulation 12 Duration of Certificate (1) An International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk (1973) shall be issued for a period specified by the Administration, which shall not exceed five years from the date of issue, except as provided in paragraphs (2) and (4) of this Regulation. (2) If a ship at the time when the Certificate expires is not in a port or off-shore terminal under the jurisdiction of the Party to the Convention whose flag the ship is entitled to fly, the Certificate may be extended by the Administration, but such extension shall be granted only for the purpose of allowing the ship to complete its voyage to the State whose flag the ship is entitled to fly or in which it is to be surveyed and then only in cases where it appears proper and reasonable to do so. (3) No Certificate shall be thus extended for a period longer than five months and a ship to which such extension is granted shall not on its arrival in the State whose flag it is entitled to fly or to the port in which it is to be surveyed, be entitled by virtue of such extension to leave that port or State without having obtained a new Certificate. (4) A Certificate which has not been extended under the provisions of paragraph (2) of this Regulation may be extended by the Administration for a period of grace of up to one month from the date of expiry stated on it. Sch. 1 (5) A Certificate shall cease to be valid if significant alterations have taken place in the structure, equipment, fittings, arrangements and material required by this Annex without the sanction of the Administration, except the direct replacement of such equipment or fitting for the purpose of repair or maintenance or if intermediate surveys as specified by the Administration under Regulation 10(1)(c) of this Annex are not carried out. (6) A Certificate issued to a ship shall cease to be valid upon transfer of such a ship to the flag of another State, except as provided in paragraph (7) of this Regulation.
12. Is (are) tank(s) to be cleaned? 13. Amount transferred to slop tank 14. Identity of slop tank (d) Ballasting of cargo tanks 15. Identity of tank(s) ballasted 16. Date and position of ship at start of ballasting (e) Cleaning of cargo tanks Category A substances 17. Identity of tank(s) cleaned 18. Date and location of cleaning 19. Method(s) of cleaning 20. Location of reception facility used 21. Concentration of effluent when discharge to reception facility stopped 22. Quantity remaining in tank 23. Procedure and amount of water introduced into tank in final cleaning 24. Location, date of discharge into sea 25. Procedure and equipment used in discharge into the sea Category B, C and D substances 26. Washing procedure used 27. Quantity of water used 28. Date, location of discharge into sea 29. Procedure and equipment used in discharge into the sea (f) Transfer of dirty ballast water 30. Identity of tank(s) 31. Date and position of ship at start of discharge into sea Sch. 1 32. Date and position of ship at finish of discharge into sea 33. Ship's speed(s) during discharge 34. Quantity discharged into sea 35. Quantity of polluted water transferred to slop tank(s) (identify slop tank(s)) 36. Date and port of discharge to shore reception facilities (if applicable) (g) Transfer from slop tank/disposal of residue 37. Identity of slop tank(s) 38. Quantity disposed from each tank 39. Method of disposal of residue:
(iii) The ship is fitted with a holding tank having a volume adequate, to the satisfaction of the Administration, for the total retention on board of the oily bilge water; (iv) All oily bilge water is retained on board for subsequent discharge to reception facilities; (v) The Administration has determined that adequate reception facilities are available to receive such oily bilge water in a sufficient number of ports or terminals the ship calls at; (vi) The International Oil Pollution Prevention Certificate, when required, is endorsed to the effect that the ship is exclusively engaged on the voyages specified in sub-paragraph (a)(i) or (a)(ii)(2) of this paragraph; and (vii) The quantity, time, and port of the discharge are recorded in the Oil Record Book. (b) The Administration shall ensure that ships of less than 400 tons gross tonnage are equipped, as far as practicable, to retain on board oil or oily mixtures or discharge them in accordance with the requirements of Regulation 9(1)(b) of this Annex. (4) For existing ships the requirements of paragraphs (1), (2) and (3) of this Regulation shall apply three years after the date of entry into force of the present Convention. Sch. 3 (5) An oil discharge monitoring and control system shall be of a design approved by the Administration. In considering the design of the oil content meter to be incorporated into the system, the Administration shall have regard to the specification recommended by the Organization.(a) The system shall be fitted with a recording device to provide a continuous record of the oil content in parts per million. This record shall be identifiable as to time and date and shall be kept for at least three years. The system shall come into operation when there is any discharge of effluent into the sea and shall be such as will ensure that any discharge of oily mixture is automatically stopped when the oil content of effluent exceeds that permitted by Regulation 9(1)(b) of this Annex. Any failure of the system shall stop the discharge and be noted in the Oil Record Book. The defective unit shall be made operable before the ship commences its next voyage unless it is proceeding to a repair port. Existing ships shall comply with all of the provisions specified above
(ii) carry out surveys and inspections if requested by the appropriate authorities of a port State. The Administration shall notify the Organisation of the specific responsibilities and conditions of the authority delegated to the nominated surveyors or recognised organisations, for circulation to Parties to the present Convention for the information of their officers. (c) When a nominated surveyor or recognised organisation determines that the condition of the ship or its equipment does not correspond substantially with the particulars of the Certificate, or is such that the ship is not fit to proceed to sea without presenting an unreasonable threat of harm to the marine environment, such surveyor or organisation shall immediately ensure that corrective action is taken and shall in due course notify the Administration. If such corrective action is not taken the Certificate should be withdrawn and the Administration shall be notified immediately; and if the ship is in a port of another Party, the appropriate authorities of the port State shall also be notified immediately. When an officer of the Administration, a nominated surveyor or recognised organisation has notified the appropriate authorities of the port State, the Government of the port State concerned shall give such officer, surveyor, or organisation any necessary assistance to carry out their obligations under this Regulation. When applicable, the Government of the port State concerned shall take such steps as will ensure that the ship shall not sail until it can proceed to sea or leave the port for the purpose of proceeding to the nearest appropriate repair yard available without presenting an unreasonable threat of harm to the marine environment. (d) In every case, the Administration concerned shall fully guarantee the completeness and efficiency of the survey and inspection and shall undertake to ensure the necessary arrangements to satisfy this obligation. Sch. 4 (3) (a) The condition of the ship and its equipment shall be maintained to conform with the provisions of the present Convention to ensure that the ship in all respects will remain fit to proceed to sea without presenting an unreasonable threat of harm to the marine environment.
not more than 30% by weight 2983 D 2-Ethylhexanoic acid D 2-Ethylhexyl acrylate D 2-Ethylhexylamine 2276 B Ethylidene norbornene B Ethyl lactate 1192 D Ethyl methacrylate 2277 (D) Sch. 4 I II III IV o-Ethyl phenol (A) 0.1 0.05 2-Ethyl-3-propylacrolein B Ethyltoluene (B) Fatty alcohols (C12–C20) B Ferric chloride solution 2582 C Ferric hydroxyethyl ethyl- enediamine triacetic acid, trisodium salt solution D Fish oil 1198 D Formaldehyde solutions (45% or less) 2209 C Formamide D Formic acid 1779 D Fumaric adduct of rosin, water dispersion B Furfural 1199 C Fufuryl alcohol 2874 C Glutaraldehyde solutions (50% or less) D Glycidyl ester of C10 tryalkyl acetic acid B Ground nut oil D Heptanoic acid (D) Heptanol (all isomers) C Heptene (mixed isomers) C Heptyl acetate (B) Hexahydrocymene (C) Hexamethylenediamine solution 1783 C Hexamethylenediamine adipate (50% in water) D Hexemethyleneimine 2493 C 1-Hexanol 2282 D 1-Hexene 2370 C Hexyl acetate 1233 B Hydrochloric acid 1789 D
35. Reasons for exemption. 36. Name and signature of authorized surveyor. Sch. 4 37. Organization, company, government agency for which surveyor works. (K) ADDITIONAL OPERATIONAL PROCEDURES AND REMARKS Sch. 4 NAME OF SHIP: DISTINCTIVE NUMBER OR LETTERS: CARGO/BALLAST OPERATIONS Date Code (letter) Item (number) Record of operations/signature of officer in charge/name of and signature of authorized surveyor
Diethyl sulphate 1594 (b)(B) Diglycidyl ether of bisphenol A B Sch. 7 Substance I II III IV Diglycidyl ether of bisphenol F B Di-n-hexyl adipate B 1,4-Dihydro-9, 10-dihydroxy anthracene, disodium salt solution D Diisobutylamine 2361 (b)(C) Diisobutylene 2050 B Diisobutyl ketone 1157 D Diisobutyl phthalate B Diisodecyl phthalate D Diisononyl adipate D Diisopropanolamine C Diisopropylamine 1158 C Diisopropylbenzene (all isomers) A 0.1 0.05 Diisopropyl naphthalene D N,N-Dimethylacetamide solution (40% or less) D Dimethyl adipate B Dimethylamine solution (45% or less) 1160 C Dimethylamine solution (greater than 45% but not greater than 55%) 1160 C Dimethylamine solution (greater than 55% but not greater than 65%) 1160 C N, N-Dimethylcyclohexylamine 2264 C Dimethylethanolamine 2051 D Dimethylformamide 2265 D Dimethyl glutarate C Dimethyl octanoic acid (b)(C) Dimethyl phthalate C 2,2-Dimethylpropane-1,3-diol (b)(D) Dimethyl succinate C Dinitrotoluene (molten) 1600 B Dinonyl phthalate D 1,4-Dioxane 1165 D Dipentene 2052 C Diphenyl A 0.1 0.05 Diphenyl/Diphenyl ether mixtures A 0.1 0.05 Diphenyl ether A 0.1 0.05 Diphenyl ether/Diphenyl phenyl ether mixture A 0.1 0.05 Diphenylmethane diisocyanate 2489 (b)(B) Sch. 7
Hexanoic acid D Hexanol 2282 D Hexene (all isomers) (b)(C) Hexyl acetate 1233 B Hydrochloric acid 1789 D Hydrogen peroxide solutions (over 8% but not over 60%) 2014, 2984 C Hydrogen peroxide solutions (over 60% but not over 70%) 2015 C 2-Hydroxyethyl acrylate B N-(Hydroxyethyl) ethylenediamine triacetic acid, trisodium salt solution D Isoamyl acetate 1104 C Isoamyl alcohol 1105 D Isobutyl acetate 1213 C Isobutyl acrylate 2527 B Isobutyl formate 2393 D Isobutyraldehyde 2045 C Isophorone D Isophoronediamine 2289 D Isophorone diisocyanate 2290 B Isoprene 1218 C Isopropanolamine C Isopropylamine 1221 C Isopropylbenzene 1918 B Isopropylcyclohexane (b)(C) Isopropyl ether 1159 D Isovaleraldehyde 2058 C Lactic acid D Lactonitrile solution (80% or less) B Latex (ammonia inhibited) D Sch. 7 Substance I II III IV Lauric acid B Maleic anhydride 2215 D Mercaptobenzothiazol, sodium salt solution B Mesityl oxide 1229 D Metam sodium solution A 0.1 0.05 Methacrylic acid 2531 D Methacrylic resin in 1,2-Dichloroethane solution B Methacrylonitrile 3079 (b)(B) 3-Methoxybutyl acetate 2708 D Methyl acetoacetate D Methyl acrylate 1919 B