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Protection of the Sea (Prevention of Pollution from Ships) Amendment Bill 2002

 

 

 

 

Protection of the Sea (Prevention of Pollution from Ships) Amendment Act 2002

 

No. 4, 2002

 

 

 

 

An Act to amend the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 , and for related purposes

   

   



Contents

1............ Short title............................................................................................ 1

2............ Commencement.................................................................................. 2

3............ Schedule(s).......................................................................................... 2

Schedule 1—Amendments                                                                                                  3

Protection of the Sea (Prevention of Pollution from Ships) Act 1983               3

 



Protection of the Sea (Prevention of Pollution from Ships) Amendment Act 2002

No. 4, 2002

 

 

 

An Act to amend the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 , and for related purposes

[ Assented to 4 April 2002 ]

The Parliament of Australia enacts:

1   Short title

                   This Act may be cited as the Protection of the Sea (Prevention of Pollution from Ships) Amendment Act 2002 .

2   Commencement

             (1)  Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent

4 April 2002

2.  Schedule 1, items 1 to 6

The day after the day on which this Act receives the Royal Assent

5 April 2002

3.  Schedule 1, items 7 and 8

Immediately after item 92 of Schedule 3 to the International Maritime Conventions Legislation Amendment Act 2001 commences

 

4.  Schedule 1, items 9 and 10

The day after the day on which this Act receives the Royal Assent

5 April 2002

Note:          This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

             (2)  Column 3 of the table is for additional information that is not part of this Act. This information may be included in any published version of this Act.

3   Schedule(s)

                   Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.



 

Schedule 1 Amendments

   

Protection of the Sea (Prevention of Pollution from Ships) Act 1983

1  Paragraph 9(1)(c)

Repeal the paragraph, substitute:

                     (c)  one of the following subparagraphs applies:

                              (i)  the discharge occurs into the sea near a State, the Jervis Bay Territory or an external Territory and there is no law of that State or Territory that makes provision giving effect to Regulations 9 and 11 of Annex I to the Convention in relation to that sea;

                             (ii)  the discharge occurs into the sea in the exclusive economic zone;

                            (iii)  the discharge occurs into the sea beyond the exclusive economic zone and the ship is an Australian ship;

2  Paragraph 9(1B)(b)

Repeal the paragraph, substitute:

                     (b)  one of the following subparagraphs applies:

                              (i)  the discharge occurs into the sea near a State, the Jervis Bay Territory or an external Territory and there is no law of that State or Territory that makes provision giving effect to Regulations 9 and 11 of Annex I to the Convention in relation to that sea;

                             (ii)  the discharge occurs into the sea in the exclusive economic zone;

                            (iii)  the discharge occurs into the sea beyond the exclusive economic zone and the ship is an Australian ship;

3  Paragraph 21(1)(c)

Repeal the paragraph, substitute:

                     (c)  one of the following subparagraphs applies:

                              (i)  the discharge occurs into the sea near a State, the Jervis Bay Territory or an external Territory and there is no law of that State or Territory that makes provision giving effect to Regulations 3, 4, 5 and 6 of Annex II to the Convention in relation to that sea;

                             (ii)  the discharge occurs into the sea in the exclusive economic zone;

                            (iii)  the discharge occurs into the sea beyond the exclusive economic zone and the ship is an Australian ship;

4  Paragraph 21(1B)(b)

Repeal the paragraph, substitute:

                     (b)  one of the following subparagraphs applies:

                              (i)  the discharge occurs into the sea near a State, the Jervis Bay Territory or an external Territory and there is no law of that State or Territory that makes provision giving effect to Regulations 3, 4, 5 and 6 of Annex II to the Convention in relation to that sea;

                             (ii)  the discharge occurs into the sea in the exclusive economic zone;

                            (iii)  the discharge occurs into the sea beyond the exclusive economic zone and the ship is an Australian ship;

5  Paragraph 26AB(1)(c)

Repeal the paragraph, substitute:

                     (c)  one of the following subparagraphs applies:

                              (i)  the jettisoning occurs into the sea near a State, the Jervis Bay Territory or an external Territory and there is no law of that State or Territory that makes provision giving effect to Regulation 7 of Annex III to the Convention in relation to that sea;

                             (ii)  the jettisoning occurs into the sea in the exclusive economic zone;

                            (iii)  the jettisoning occurs into the sea beyond the exclusive economic zone and the ship is an Australian ship;

6  Paragraph 26AB(3)(b)

Repeal the paragraph, substitute:

                     (b)  one of the following subparagraphs applies:

                              (i)  the jettisoning occurs into the sea near a State, the Jervis Bay Territory or an external Territory and there is no law of that State or Territory that makes provision giving effect to Regulation 7 of Annex III to the Convention in relation to that sea;

                             (ii)  the jettisoning occurs into the sea in the exclusive economic zone;

                            (iii)  the jettisoning occurs into the sea beyond the exclusive economic zone and the ship is an Australian ship;

7  Paragraph 26D(1)(c)

Repeal the paragraph, substitute:

                     (c)  one of the following subparagraphs applies:

                              (i)  the discharge occurs into the sea near a State, the Jervis Bay Territory or an external Territory and there is no law of that State or Territory that makes provision giving effect to paragraphs (1)(a) and (b) of Regulation 8 and to Regulation 9 of Annex IV to the Convention in relation to that sea;

                             (ii)  the discharge occurs into the sea in the exclusive economic zone;

                            (iii)  the discharge occurs into the sea beyond the exclusive economic zone and the ship is an Australian ship;

8  Paragraph 26D(3)(b)

Repeal the paragraph, substitute:

                     (b)  one of the following subparagraphs applies:

                              (i)  the discharge occurs into the sea near a State, the Jervis Bay Territory or an external Territory and there is no law of that State or Territory that makes provision giving effect to paragraphs (1)(a) and (b) of Regulation 8 and to Regulation 9 of Annex IV to the Convention in relation to that sea;

                             (ii)  the discharge occurs into the sea in the exclusive economic zone;

                            (iii)  the discharge occurs into the sea beyond the exclusive economic zone and the ship is an Australian ship;

9  Paragraph 26F(1)(c)

Repeal the paragraph, substitute:

                     (c)  one of the following subparagraphs applies:

                              (i)  the disposal occurs into the sea near a State, the Jervis Bay Territory or an external Territory and there is no law of that State or Territory that makes provision giving effect to Regulations 3, 5 and 6 of Annex V to the Convention in relation to that sea;

                             (ii)  the disposal occurs into the sea in the exclusive economic zone;

                            (iii)  the disposal occurs into the sea beyond the exclusive economic zone and the ship is an Australian ship;

10  Paragraph 26F(3)(b)

Repeal the paragraph, substitute:

                     (b)  one of the following subparagraphs applies:

                              (i)  the disposal occurs into the sea near a State, the Jervis Bay Territory or an external Territory and there is no law of that State or Territory that makes provision giving effect to Regulations 3, 5 and 6 of Annex V to the Convention in relation to that sea;

                             (ii)  the disposal occurs into the sea in the exclusive economic zone;

                            (iii)  the disposal occurs into the sea beyond the exclusive economic zone and the ship is an Australian ship;

 

 

[ Minister’s second reading speech made in—

House of Representatives on 20 February 2002

Senate on 13 March 2002 ]

 

Text Box: (50/02)