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Protection of the Sea Legislation Amendment Bill 2008

Schedule 2 MARPOL amendments

   

Navigation Act 1912

1  Section 267A

After “14,”, insert “15,”.

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

2  Subsection 9(4)

Repeal the subsection, substitute:

             (4)  Without limiting the generality of subsection (2) but subject to subsection (5), subsection (1B) does not apply to:

                     (a)  the discharge of oil or an oily mixture from a ship that is not within a special area, if the following conditions are satisfied:

                              (i)  the ship has a gross tonnage of equal to or greater than 400;

                             (ii)  the ship is proceeding en route ;

                            (iii)  the oily mixture is processed using oil filtering equipment meeting the requirements set out by regulation made for the purposes of this subparagraph under section 267A of the Navigation Act 1912 ;

                            (iv)  the oil content of the effluent without dilution does not exceed 15 parts in 1,000,000 parts;

                             (v)  if the ship is an oil tanker—the oily mixture does not originate from the cargo pump room bilges of the ship and is not mixed with oil cargo residues; and

                     (b)  the discharge of oil or an oily mixture from a ship within a special area other than the Antarctic area, if the following conditions are satisfied:

                              (i)  the ship has a gross tonnage of equal to or greater than 400;

                             (ii)  the ship is proceeding en route ;

                            (iii)  the oily mixture is processed using oil filtering equipment meeting the requirements set out by regulation made for the purposes of this subparagraph under section 267A of the Navigation Act 1912 ;

                            (iv)  the oil content of the effluent without dilution does not exceed 15 parts per 1,000,000 parts;

                             (v)  if the ship is an oil tanker—the oily mixture does not originate from the cargo pump room bilges of the ship and is not mixed with oil cargo residues; and

                     (c)  the discharge of oil or an oily mixture within an area other than the Antarctic area from a ship, if the following conditions are satisfied:

                              (i)  the ship has a gross tonnage of less than 400;

                             (ii)  the ship is proceeding en route ;

                            (iii)  the ship has in operation equipment, of a kind that meets the requirements set out by regulation made for the purposes of this subparagraph under section 267A of the Navigation Act 1912 , that ensures that the oil content of the effluent without dilution does not exceed 15 parts in 1,000,000 parts;

                            (iv)  if the ship is an oil tanker—the oily mixture does not originate from the cargo pump room bilges of the ship and is not mixed with oil cargo residues; and

                     (d)  the discharge of oil or an oily mixture (other than washings contaminated with oil) from the cargo area of an oil tanker that is not within a special area, if the following conditions are satisfied:

                              (i)  the tanker has a gross tonnage of 150 or more;

                             (ii)  the tanker is more than 50 nautical miles from the nearest land;

                            (iii)  the tanker is proceeding en route ;

                            (iv)  the instantaneous rate of discharge of oil content does not exceed 30 litres per nautical mile;

                             (v)  if the tanker is delivered on or before 31 December 1979—the total quantity of oil discharged into the sea does not exceed one part in 15,000 parts of the total quantity of the cargo of oil of which oil discharged formed a part;

                            (vi)  if the tanker is delivered after 31 December 1979—the total quantity of oil discharged into the sea does not exceed one part in 30,000 parts of the total quantity of the cargo of oil of which oil discharged formed a part;

                           (vii)  the tanker has in operation an oil discharge monitoring and control system and a slop tank arrangement as required by regulations made for the purposes of this subparagraph under section 267A of the Navigation Act 1912 ; and

                     (e)  the discharge of washings contaminated with oil from an oil tanker that is not within a special area, if the following conditions are satisfied:

                              (i)  the tanker is more than 50 nautical miles from the nearest land;

                             (ii)  the tanker is proceeding en route ;

                            (iii)  the instantaneous rate of discharge of oil content does not exceed 30 litres per nautical mile;

                            (iv)  if the tanker is delivered on or before 31 December 1979—the total quantity of oil discharged into the sea does not exceed one part in 15,000 parts of the total quantity of the cargo of oil of which oil discharged formed a part;

                             (v)  if the tanker is delivered after 31 December 1979—the total quantity of oil discharged into the sea does not exceed one part in 30,000 parts of the total quantity of the cargo of oil of which oil discharged formed a part;

                            (vi)  the tanker has in operation an oil discharge monitoring and control system and a slop tank arrangement as required by regulations made for the purposes of this subparagraph under section 267A of the Navigation Act 1912 ; and

                      (f)  the discharge of oil or an oily mixture from the cargo area of an oil tanker, either within or outside a special area, if the discharge is of clean or segregated ballast.

3  Subsection 26A(1) (definition of harmful substance )

Repeal the definition, substitute:

harmful substance means a substance which either:

                     (a)  is identified as a marine pollutant in the International Maritime Dangerous Goods (IMDG) Code; or

                     (b)  meets the criteria in the Appendix of Annex III of the Convention.

4  Paragraph 26D(6)(c)

After “holding tanks”, insert “, or originates from spaces containing living animals”.

5  Paragraph 26FA(8)(b)

Repeal the paragraph, substitute:

                     (b)  if the entry is made in relation to a prescribed operation—must be signed by the officer or other person in charge of the operation.

6  Paragraph 33(1)(f)

Omit “30 penalty units”, substitute “50 penalty units”.