State waters means— (a) the territorial sea adjacent to the State; (b) the sea on the landward side of the territorial sea adjacent to the State that is not within the limits of the State; and s. 3 (c) waters within the limits of the State; S. 3(1) def. of the 1973 Convention amended by No. 46/1991 s. 4(1)(a). the 1973 Convention means the International Convention for the Prevention of Pollution from Ships, 1973 as corrected by the of Rectification dated 13 June 1978 (a copy of the English text of which as so corrected is set out in Schedule 1), as affected by any amendment, other than an amendment not accepted by Australia, made under Article 16 of the Convention; S. 3(1) def. of the 1978 Protocol amended by No. 46/1991 s. 4(1)(b)(c). the 1978 Protocol means the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973 (a copy of the English text of which is set out in Schedule 2) as affected by— (a) the amendments to the Annex to the Protocol adopted on 7 September 1984 (a copy of the English text of which amendments is set out in Schedule 3); and (aa) the amendments to the Protocol adopted on 5 December 1985 (a copy of the English text of which relating to the Annex of the Protocol is set out in Schedule 4 and a copy of the English text of which relating to Protocol I to the Convention is set out in Schedule 5); and
(1) This section applies to— (a) a trading ship proceeding on an intra-state voyage; or (b) an Australian fishing vessel proceeding on a voyage other than an overseas voyage; or (c) a pleasure vessel— that— (a) is an oil tanker; or (b) has a gross tonnage of 400 or more and is not an oil tanker. (2) Every ship to which this section applies shall carry such oil record books as are required by the regulations to be carried on the ship. (3) An oil record book shall be in accordance with the appropriate prescribed form with provision made for a signature, in accordance with subsection (6), in relation to each entry made in it and for a signature, in accordance with subsection (7), in relation to each page of it. s. 11 (4) If a ship to which this section applies does not carry an oil record book as required by this section, the master and the owner of the ship are each guilty of an offence punishable, upon conviction, by a fine not exceeding— S. 11(4)(a) amended by No. 46/1991 s. 8(1). (a) if the offender is a natural penalty units; or S. 11(4)(b) amended by No. 46/1991 s. 8(2). (b) if the offender is a body penalty units. 1000
(i) where the ship is self-propelled, at least 7 knots; or (ii) where the ship is not self-propelled, at least 4 knots; and s. 18 (e) the procedures and arrangements for the discharge have been approved by a prescribed officer, being procedures and arrangements that ensure that the concentration and rate of discharge of the effluent is such that the concentration of the substance in Category B in the wake astern of the ship does not exceed 1 part in 1 000 000 parts; and (f) the maximum quantity of cargo discharged from each tank of the ship (including the associated piping system of the tank) does not exceed the maximum quantity specified in the procedures referred to in paragraph (e), not being a quantity exceeding 1 cubic metre or 1 part in 3000 parts of the tank capacity in cubic metres, whichever is the greater; and (g) the discharge is made below the water line of the ship, taking into account the location of the sea-water intakes; and (h) the discharge is made when the ship is 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. (7) Without limiting the generality of subsection (2), (6) or (12) but subject to subsection (13), where— s. 18 S. 18(7)(a) amended by No. 46/1991 s. 10(2)(d). (a) the tank of a ship that held— (i) a substance in Category B; or
S. 20(6) amended by No. 82/1995 s. 189(3). (6) Where an authorised officer has inspected a ship to which this section applies, the authorised officer must make, without delay, appropriate entries in the ship's cargo record book in accordance with subsection (7). (7) An entry in a ship's cargo record book— (a) must be made in the English language; and (b) in the case of an entry made in relation to a prescribed operation, must be signed by the officer or other person in charge of the operation. S. 20(8) amended by No. 46/1991 s. 13(4). (8) Where a page of a ship's cargo record book is completed, the master of the ship shall, without delay, sign the page. Penalty: 200 penalty units. S. 21 amended by No. 46/1991 s. 13(5). 21 False entries in cargo record book s. 21 A person must not make, in a cargo record book of a ship to which section 20 applies, an entry that is false or misleading in a material particular. Penalty: 200 penalty units. 22 Cargo record book to be retained (1) A cargo record book of a ship to which section 20 applies must be retained in the ship until the expiration of a period of one year after the day on which the last entry was made in the book and must be readily available for inspection at all reasonable times. (2) Where a cargo record book is not retained in a ship in accordance with subsection (1), the master and the owner of the ship are each guilty of an offence punishable, upon conviction, by a fine not exceeding—
(a) any structure or apparatus on land; and s. 23H (b) any thing or vehicle resting on or moving over land; and (c) any thing resting on or lying under the bed, shore or bank of any navigable waters; and (d) any thing afloat (other than a ship) if it is anchored or attached to the bed, shore or bank of any navigable waters or is used in any operation for the exploration of the sea-bed and sub-soil or the exploitation of the natural resources of the sea-bed and sub-soil; prohibited discharge means a discharge into State waters of— (a) oil; or (b) an oily mixture; or (c) an undesirable substance; public statutory body includes any Minister of the Crown and any municipal council; S. 23H(1) def. of ship amended by No. 74/2000 s. 3(Sch. 1 item 100.2). ship has the same meaning as in Annex I to the Convention; S. 23H(1) def of transfer operation amended by No. 63/1997 s. 9(1). transfer operation means any operation involved in the preparation for, or the commencement, carrying on or termination of, the transfer of oil or an oily mixture or a liquid substance or a mixture containing a liquid substance from or to any ship, whether to or from a place on land or to or from another ship; s. 23H undesirable substance means—
person, and in such form, as are prescribed and, if the notice is not so given, the master and the owner of the ship are each guilty of an offence punishable upon conviction by a fine not exceeding— S. 38(1)(a) amended by No. 46/1991 s. 24(a). (a) if the offender is a natural penalty units; or S. 38(1)(b) amended by No. 46/1991 s. 24(b). (b) if the offender is a body penalty units. (2) Where a notice required to be given under subsection (1) is not given within the period referred to in that subsection, the following provisions of this subsection have effect: (a) The obligation to give the notice continues, notwithstanding that that period has expired, until the notice is given; (b) The master and the owner of the ship are each guilty of a separate and further offence in respect of each day during which the notice is not given, being a day after the expiration of that period; (c) The penalty applicable to each such separate and further offence is a fine not exceeding— s. 38 S. 38(2)(i) amended by No. 46/1991 s. 24(c). (i) if the offender is a natural penalty units; or S. 38(2)(ii) amended by No. 46/1991 s. 24(d). (ii) if the offender is a body penalty units.
(b) For ships other than oil tankers— (i) ballasting or cleaning of fuel oil tanks or oil cargo spaces; (ii) discharge of ballast or cleaning water from tanks referred to under (i) of this (iii) disposal of residues; (iv) discharge overboard of bilge water which has accumulated in machinery spaces whilst in port, and the routine discharge at sea of bilge water which has accumulated in machinery spaces. (3) In the event of such discharge of oil or oily mixture as is referred to in Regulation 11 of this Annex or in the event of accidental or other exceptional discharge of oil not excepted by that Regulation, a statement shall be made in the Oil Record Book of the circumstances of, and the reasons for, the discharge. (4) Each operation described in paragraph (2) of this Regulation shall be fully recorded without delay in the Oil Record Book so that all the entries in the book appropriate to that operation are completed. Each section of the book shall be signed by the officer or officers in charge of the operations concerned and shall be countersigned by the Master of the ship. The entries in the Oil Record Book shall be in an official language of the State whose flag the ship is entitled to fly, and, for ships holding an International Oil Pollution Prevention Certificate (1973), in English or French. The entries in an official national language of the State whose flag the ship is entitled to fly shall prevail in case of a dispute or discrepancy. Sch. 1 (5) The Oil Record Book shall be kept in such a place as to be readily available for inspection at all reasonable times and, except in the case of unmanned ships under tow, shall be kept on board the ship. It shall be preserved for a period of three years after the last entry has been made. (6) The competent authority of the Government of a Party to the Convention may inspect the Oil Record Book on board any ship to which this Annex applies while the ship is in its port or off-shore terminals and may make a copy of any entry in that book and may require the Master of the ship to certify that the copy is a true copy of such entry. Any copy so made which has been certified by the Master of the ship as a true
RECOGNIZING ALSO the need to improve further the prevention and control of marine pollution from ships, particularly oil tankers, RECOGNIZING FURTHER the need for implementing the Regulations for the Prevention of Pollution by Oil contained in Annex I of that Convention as early and as widely as possible, ACKNOWLEDGING HOWEVER the need to defer the application of Annex II of that Convention until certain technical problems have been satisfactorily resolved, CONSIDERING that these objectives may best be achieved by the conclusion of a Protocol relating to the International Convention for the Prevention of Pollution from Ships, 1973, HAVE AGREED as follows: Article I General Obligations 1. The Parties to the present Protocol undertake to give effect to the provisions of— (a) the present Protocol and the Annex hereto which shall constitute an integral part of the present Protocol; and (b) the International Convention for the Prevention of Pollution from Ships, 1973 (hereinafter referred to as "the Convention"), subject to the modifications and additions set out in the present Protocol. 2. The provisions of the Convention and the present Protocol shall be read and interpreted together as one single instrument. 3. Every reference to the present Protocol constitutes at the same time a reference to the Annex hereto. Article II Implementation of Annex II of the Convention 1. Notwithstanding the provisions of Article 14(1) of the Convention, the Parties to the present Protocol agree that they shall not be bound by the provisions of Annex II of the Convention for a period of three years from the date of entry into force of the present Protocol or for such longer period as may be decided by a two-thirds majority of the Parties to the present Protocol in the Marine Environment Protection Committee (hereinafter referred to as "the Committee") of the Inter-Governmental Maritime Consultative Organization (hereinafter referred to as "the Organization").
sec-Amyl acetate 1104 C Amyl acetate, commercial 1104 C n-Amyl alcohol 1105 D sec-Amyl alcohol 1105 D Amyl alcohol, primary 1105 D Aniline 1547 C Animal and fish oils, n.o.s. including: D Cod liver oil Sperm oil Aviation alkylates (C8 paraffins and isoparaffins BPT 95—120 C) (b)(C) Sch. 7 Substance I II III IV Benzene and mixtures having 10% benzene or more C Benzene sulphonyl chloride 2225 D Benzyl acetate C Benzyl alcohol C Benzyl chloride 1738 B Brake fluid base mix: (Poly(2-8) alkylene (C2-C3) glycols/Polyalkylene (C2-C10) glycols monooalkyl (C1-C-4) ethers and their borate esters) D Butene oligomer B n-Butyl acetate 1123 C sec-Butyl acetate 1123 D n-Butyl acrylate 2348 B Butylamine (all isomers) C Butylbenzenes (all isomers) 2709 (b)(A) 0.1 0.05 Butyl benzyl phthalate A 0.1 0.05 n-Butyl butyrate (b)(C) Butyl/Decyl/Cetyl/Eicosyl methacrylate mixture D Butylene glycol D 1,2-Butylene oxide 3022 C n-Butyl ether 1149 C Butyl lactate D Butyl methacrylate D n-Butyraldehyde 1129 B Butyric acid 2820 D gamma-Butyrolactone D Calcium alkyl salicylate C Calcium hydroxide slurry D Calcium hypochlorite solution (15% or less) C
Assent Date: 6.11.96 Commencement Date: S. 453(Sch. 1 item 66) on 1.1.97: s. 2(3) : This information relates only to the provision/s amending the Pollution of Waters by Oil and Noxious Substances Act 1986 Port Services (Amendment) Act 1997, No. 63/1997 Assent Date: 5.11.97 Commencement Date: S. 9(1) on 5.11.97: s. 2(1) : This information relates only to the provision/s amending the Pollution of Waters by Oil and Noxious Substances Act 1986 Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998 Assent Date: 26.5.98 Commencement Date: S. 7(Sch. 1) on 1.7.98: s. 2(2) : This information relates only to the provision/s amending the Pollution of Waters by Oil and Noxious Substances Act 1986 Statute Law Revision Act 2000, No. 74/2000 Assent Date: 21.11.00 Commencement Date: S. 3(Sch. 1 item 100) on 22.11.00: s. 2(1) : This information relates only to the provision/s amending the Pollution of Waters by Oil and Noxious Substances Act 1986 Marine (Further Amendment) Act 2001, No. 77/2001 Assent Date: 27.11.01 Commencement Date: S. 32(3) on 7.2.02: s. 2(2) : This information relates only to the provision/s amending the Pollution of Waters by Oil and Noxious Substances Act 1986 Statute Law (Further Revision) Act 2002, No. 11/2002 Assent Date: 23.4.02 Commencement Date: S. 3(Sch. 1 item 53) on 24.4.02: s. 2(1) : This information relates only to the provision/s amending the Pollution of Waters by Oil and Noxious Substances Act 1986 Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009