New South Wales Consolidated Acts

MARINE POLLUTION ACT 1987 - SECT 61

61 Regulations

(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that is:

(a) required or permitted by this Act to be prescribed, or

(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act,

and, in particular:

(c) for and in relation to giving effect to the Convention, other than provisions of the Convention to which effect is given by a provision of this Act,

(d) empowering the Minister to make orders for and in relation to:

(i) giving effect to the Convention, other than provisions of the Convention to which effect is given by a provision of this Act, and

(ii) the fixing of fees to be paid in respect of any matters under the orders,

(d1) for or with respect to preventing or regulating the pollution of State or other waters by vessels or by facilities used for loading, unloading, berthing or other operations of vessels,

(d2) for or with respect to the installation and operation on vessels in particular State waters or other waters of toilet and other waste control facilities,

(e) fixing fees to be paid in respect of any matters under this Act,

(f) prescribing penalties, not exceeding 100 penalty units, for a contravention of a provision of the regulations or of any of the orders made in pursuance of the regulations,

(g) so as to apply:

(i) generally or in a particular class of case or in particular classes of case, and

(ii) throughout the State and all State waters or in a prescribed part or prescribed parts of the State or State waters, and

(h) exempting, either absolutely or subject to conditions, a prescribed ship or person, or ships or persons included in a prescribed class of ships or persons, from all or any of the provisions of this Act or of the regulations.

(2) If the Convention is amended, other than by an amendment objected to by Australia, the Governor may by regulation:

(a) amend Schedule 1 or Schedule 2, or

(b) add a further schedule or schedules,

in order that the schedules may contain relevant parts of the Convention as in force from time to time.

(3) A regulation referred to in subsection (1) (d1) or (d2) does not prevail over any inconsistent environment protection legislation (within the meaning of the Protection of the Environment Administration Act 1991 ).