PROTECTION OF THE SEA (PREVENTION OF POLLUTION FROM SHIPS) ACT 1983

Table of Provisions

• Long Title

PART I--PRELIMINARY

• 1 Short title  
• 2 Commencement  
• 3 Interpretation  
• 3A Authority may approve form  
• 4 Act to bind Crown  
• 5 Saving of other laws  
• 6 Operation of Act  
• 6A Act does not apply to certain naval or government ships  
• 7 Application of the Criminal Code  

PART II--PREVENTION--OF POLLUTION BY OIL

• 8 Interpretation  
• 9 Prohibition of discharge of oil or oily mixtures into sea  
• 10 Prohibition of discharge of oil residues into sea  
• 10A Prohibition of carriage or use of heavy grade oil on Australian ships in the Antarctic Area  
• 10AA Prohibition of carriage or use of heavy grade oil on Australian ships in Arctic waters  
• 10B Prohibition of carriage or use of heavy grade oil on foreign ships in the Australian Antarctic Territory  
• 11 Duty to report certain incidents involving oil or oily mixture  
• 11A Shipboard oil pollution emergency plan  
• 11B Transfer of oil cargo between oil tankers--transfer to be in accordance with ship - to - ship operations plan  
• 11C Transfer of oil cargo between oil tankers in Australian waters--qualified person to be in control  
• 11D Transfer of oil cargo involving an Australian ship--ship - to - ship operations plan to be carried  
• 11E Transfer of oil cargo involving an Australian ship--making and retaining record of transfer  
• 11F Transfer of oil cargo between oil tankers in Australian waters--notification of transfer  
• 11G Transfer of oil cargo between oil tankers outside Australian waters--notification of transfer  
• 12 Oil record book  
• 13 False entries in oil record book  
• 14 Oil record book to be retained  
• 14A Power to require discharge of oil or oily mixture at a reception facility  

PART III--PREVENTION--OF POLLUTION BY NOXIOUS SUBSTANCES

• 15 Interpretation  
• 16 Application of Act to mixture of oil and liquid substance  
• 17 Prohibition of carriage of substances that have not been categorized or provisionally assessed  
• 21 Prohibition of discharge of substances into the sea  
• 21A Procedures and Arrangements Manual  
• 22 Duty to report certain incidents involving certain substances  
• 22A Shipboard marine pollution emergency plan for noxious liquid substances  
• 23 Cargo record book  
• 24 False entries in cargo record book  
• 25 Cargo record book to be retained  
• 26 Cleaning of tanks of ships  
• 26AA Power to require discharge of a liquid substance or a mixture containing a liquid substance at a reception facility  

PART IIIA--PREVENTION--OF POLLUTION BY PACKAGED HARMFUL SUBSTANCES

• 26A Interpretation  
• 26AB Prohibition of discharge by jettisoning of harmful substances into the sea  
• 26B Duty to report certain incidents involving harmful substances  

PART IIIB--PREVENTION--OF POLLUTION BY SEWAGE

Division 1--Discharge of untreated sewage in the Antarctic Area

• 26BA Interpretation  
• 26BB Object of Division  
• 26BC Prohibition of discharge of untreated sewage  

Division 1A--Discharge of sewage in the Antarctic Area or Arctic waters

• 26BCA Interpretation  
• 26BCB Object of Division  
• 26BCC Prohibition of discharge of sewage  

Division 2--Discharge of sewage in other sea areas

• 26C Interpretation  
• 26CA Object of Division  
• 26D Prohibition of discharge of sewage into the sea  
• 26DAA Power to require discharge of sewage at a reception facility  

PART IIIC--PREVENTION--OF POLLUTION BY GARBAGE

• 26E Interpretation  
• 26EA Object of Part  
• 26F Prohibition of discharge of garbage into the sea  
• 26FA Garbage record book  
• 26FB Garbage record book to be retained  
• 26FC Garbage management plan  
• 26FD Placards relating to requirements for discharge of garbage  
• 26FE Power to require discharge of garbage at a reception facility  

PART IIID--PREVENTION--OF AIR POLLUTION

Division 1--Definitions

• 26FEF Definitions  

Division 2--Sulphur content of fuel oil

• 26FEG Using fuel oil or carrying fuel oil for use--offences  
• 26FEGA Using fuel oil or carrying fuel oil for use--exceptions  
• 26FEH Australian ship in emission control area--offences  
• 26FEHA Australian ship in emission control area--exceptions  
• 26FEI Flushing fuel oil service system  
• 26FEJ Record of prescribed fuel - changeover operation  
• 26FEK New emission control areas  
• 26FEKA Annex VI approved equivalents  

Division 3--Fuel oil availability and quality requirements

• 26FEL Local suppliers must be registered  
• 26FEM Register of Local Suppliers of Fuel Oil  
• 26FEN Using fuel oil that does not meet fuel oil quality requirements  
• 26FEO Bunker delivery note and sample must be provided  
• 26FEP Fuel oil supplied must be in accordance with declaration  
• 26FEQ Bunker delivery note must be retained and available for inspection  
• 26FER Sample must be retained  
• 26FES Notification of sulphur content of gas fuel  

Division 4--Ozone depleting substances record book

• 26FET Ozone depleting substances record book  
• 26FEU False or misleading entries in ozone depleting substances record book  
• 26FEV Ozone depleting substances record book to be retained  

Division 5--Ship energy efficiency management plan

• 26FEW Ship energy efficiency management plan  

PART IV--MISCELLANEOUS

• 26G Power to require information  
• 27 Powers of inspectors  
• 27A Detention of foreign ships in connection with pollution breaches  
• 27B Notification of measures taken in relation to foreign ships  
• 27C Failure to comply with requirements for information under foreign laws  
• 28 Prosecution of offences against Act  
• 29 Time limits for prosecution  
• 29A Service on master or owner of ship  
• 29B Certificates by Minister  
• 30 Evidence  
• 31 Evidence of analyst  
• 32 Application of certain provisions to foreign ships  
• 33 Regulations  
• 34 Orders  
• 35 Repeal