PROTECTION OF THE SEA (PREVENTION OF POLLUTION FROM SHIPS) REGULATIONS (REPEAL) 1994 NO. 467

PROTECTION OF THE SEA (PREVENTION OF POLLUTION FROM SHIPS) REGULATIONS (REPEAL) 1994 NO. 467

STATUTORY RULES 1994 No. 467

Issued by the Authority of the Minister for Transport

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

Protection of the Sea (Prevention of Pollution from Ships) Regulations (Repeal)

Subsection 33(1) of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.

Under subsection 34(1) of the Act the Australian Maritime Safety Authority has power to make orders with respect to matters in relation to which provision may be made by regulations.

The Protection of the Sea (Prevention of Pollution from Ships) Regulations, made pursuant to subsection 33(1), prescribe matters for the purposes of the Act:

•       approval of a discharge of an oily mixture from a ship, for the purposes of paragraph 9(2)(e) of the Act.

•       reporting of an incident involving oil or an oily mixture, for the purposes of paragraph 11(1)(a) of the Act.

•       notification of a discharge from a ship, for the purposes of subsections 11(1), 11(3), 22(1), 22(3), 26B(3) and 26B(5) of the Act

•       a harmful substances report, for the purposes of subsections 11(6), 11(7), 22(6) and 22(7) of the Act

•       time for furnishing a report, for the purposes of subsections 11(6), 11(7), 22(6), 22(7), 26B(8) and 26B(9) of the Act.

•       an Oil Record Book, for the purposes of paragraphs 12(1)(a) and 12(1)(b) of the Act

•       an operation in relation to a ship, for the purposes of subsections 12(5) and 23(5) of the Act

•       an occurrence in relation to a ship, for the purposes of subsections 12(5) and 23(5) of the Act

•       the depositing of an Oil Record Book, for the purposes of subsection 14(6) of the Act

•       the notification of a proposal to carry certain liquid substances, for the purposes of section 20 of the Act

•       approval of a discharge of a substance from a ship, for the purposes of paragraph 21(2)(e) of the Act

•       a report of an incident involving certain substances, for the purposes of paragraph 22(1)(a) of the Act

•       a Cargo Record Book for the purposes of subsection 23(3) of the Act

•       the depositing of a Cargo Record Book, for the purposes of subsection 25(6) of the Act

•       a report of an incident involving harmful substances, for the purposes of paragraph 26B(3)(a)

•       a marine pollutants report, for the purpose of subsections 26B(8) and 26B(9)

•       class of ships exempted, for the purposes of paragraph 33 (1) (g) of the Act.

The Protection of the Sea (Prevention of Pollution from Ships) Regulations were replaced with Marine Orders Part 91, Marine Pollution Prevention - Oil, Issue 1 -Amendment; Marine orders Part 93, Marine Pollution Prevention Noxious Liquid Substances. Issue 1 - Amendment and Marine Orders Part 94, Marine Pollution Prevention - Packaged Harmful Substances, Issue 1 made pursuant to section 34 of the Act with effect from 10 January 1995.

The replacement of regulations with Marine orders is in accordance with the policy pursued since January 1988 to incorporate the detailed subordinate requirements of the Act in Marine Orders.

The repealing regulations came into force on 10 January 1995.