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MARINE POLLUTION ACT 2012

- As at 6 January 2017
- Act 5 of 2012

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Definitions
   4.      Expressions used in this Act and MARPOL
   5.      Meaning of “responsible”
   6.      Time when ship taken to be proceeding on voyage
   7.      References to tonnage
   8.      Notes

   PART 2 - APPLICATION OF ACT

   9.      Saving of other laws
   10.     Act subject to Ports and Maritime Administration Act 1995
   11.     Detention of ships and holding of security over them: exclusion of matters from operation of Commonwealth Act
   12.     Application of Act to mixtures of marine pollutants
   13.     Discharge outside State waters that enters State waters
   14.     Discharges to which Act does not apply

   PART 3 - PREVENTION OF POLLUTION BY OIL

           Division 1 - Offences relating to discharge of oil

   15.     Discharging oil into State waters from a ship prohibited
   16.     Causing discharge of oil into State waters from a ship prohibited
   17.     Offence of being responsible for discharge of oil into State waters from a ship

           Division 2 - Defences

   18.     Defence if discharge was caused by damage to ship or equipment
   19.     Defence if discharge was to secure safety or save life
   20.     Defence if discharge was for purpose of combating pollution
   21.     Defence if discharge was authorised for training
   22.     Defence for certain ships 400 tonnes or more and oil tankers not within special areas
   23.     Defence for certain ships 400 tonnes or more and oil tankers within special areas
   24.     Defence for smaller ships and oil tankers
   25.     Defence for discharge of clean or segregated ballast from oil tankers

           Division 3 - Offence relating to oil residues

   26.     Failing to retain oil residues

   PART 4 - PREVENTION OF POLLUTION BY NOXIOUS LIQUID SUBSTANCES

           Division 1 - Offences relating to carrying uncategorised noxious liquid substances

   27.     Carrying uncategorised noxious liquid substances prohibited
   28.     Causing carriage of uncategorised noxious liquid substances prohibited

           Division 2 - Offences relating to discharge of noxious liquid substances

   29.     Discharging noxious liquid substances into State waters from ship prohibited
   30.     Causing discharge of noxious liquid substances into State waters from ship prohibited
   31.     Offence of being responsible for discharge of noxious liquid substances into State waters from a ship

           Division 3 - Defences

   32.     Defence if discharge was caused by damage to ship or equipment
   33.     Defence if discharge was to secure safety or save life
   34.     Defence if discharge was for purpose of combating pollution
   35.     Defence for discharge of certain Category X substances
   36.     Defence for discharge of certain high-viscosity or solidifying substances in Category Y
   37.     Defence for discharge of certain other Category Y substances
   38.     Defence for discharge of Category Z substances from ships constructed before 1 January 2007
   39.     Defence for discharge of Category Z substances from ships constructed on or after 1 January 2007
   40.     Defence for discharge of bilge water
   41.     Defence for discharge of clean ballast or segregated ballast

           Division 4 - Cleaning of tanks of ships

   42.     Regulations may make provision for cleaning of tanks of ships

   PART 5 - PREVENTION OF POLLUTION BY HARMFUL SUBSTANCES IN PACKAGED FORM

           Division 1 - Offences relating to carriage

   43.     Certain carriage of harmful substances in packaged form prohibited
   44.     Causing certain carriage of harmful substances in packaged form prohibited

           Division 2 - Offences relating to jettisoning

   45.     Jettisoning of harmful substances in packaged form into State waters from ship prohibited
   46.     Causing jettisoning of harmful substances in packaged form into State waters from ship prohibited
   47.     Offence of being responsible for jettisoning of harmful substances in packaged form into State waters from a ship

           Division 3 - Defences

   48.     Defence for jettisoning to secure safety or save life
   49.     Defence for certain leakages causing substances to be washed overboard

           Division 4 - Miscellaneous

   50.     Part does not apply to stores or equipment
   51.     Leakages taken to be jettisoned
   52.     Empty packaging

   PART 6 - PREVENTION OF POLLUTION BY SEWAGE

           Division 1 - Offences relating to discharge of sewage

   53.     Discharge of sewage into State waters from ship prohibited
   54.     Causing discharge of sewage into State waters from ship prohibited
   55.     Offence of being responsible for discharge of sewage into State waters from a ship

           Division 2 - Defences

   56.     Defence for discharge caused by damage to ship or equipment
   57.     Defence for discharge to secure safety or save life
   58.     Defence for discharge of comminuted and disinfected sewage not less than 3 nautical miles from the nearest land
   59.     Defence of discharge of treated sewage

   PART 7 - PREVENTION OF POLLUTION BY GARBAGE

           Division 1 - Offences relating to discharge of garbage

   60.     Discharging of garbage into State waters from ship prohibited
   61.     Causing discharge of garbage into State waters from ship prohibited
   62.     Offence of being responsible for discharge of garbage into State waters from a ship

           Division 2 - Defences

   63.     Defence if discharge was caused by damage to ship or equipment
   64.     Defence if discharge was to secure safety or save life
   65.     Defence if accidental loss of nets and other materials
   66.     Defence in relation to certain dunnage, lining or packing materials that will float

   PART 8 - PREVENTION OF POLLUTION FROM TRANSFER OPERATIONS

           Division 1 - Application of Part

   67.     Meaning of “prescribed marine pollutantDivision 2 - Offences relating to transfer operations

   68.     Discharge of prescribed marine pollutant from ship in transfer operation prohibited
   69.     Discharge of prescribed marine pollutant from place on land in transfer operation prohibited
   70.     Discharge of prescribed marine pollutant from apparatus on a ship used in transfer operation prohibited
   71.     Discharge of prescribed marine pollutant from apparatus on a place on land used in transfer operation prohibited
   72.     Offence of causing discharge of prescribed marine pollutant from pipeline in connection with transfer operation
   73.     Discharge of prescribed marine pollutant from pipeline in connection with transfer operation prohibited
   74.     Transfer of prescribed marine pollutant at night

           Division 3 - Discharges to which Division 2 does not apply

   75.     Division 2 does not apply to certain discharges
   76.     Division 2 does not apply to discharge for purposes of combating pollution incidents
   77.     Division 2 does not apply to certain licensed discharges

           Division 4 - Record keeping relating to transfer operations

   78.     Keeping of records relating to transfer
   79.     Entries required to be made
   80.     Transmission of records relating to transfer operation
   81.     Disposal of records relating to transfer operation
   82.     False or misleading entries prohibited

           Division 5 - Miscellaneous

   83.     Several liability
   84.     Multiple offenders
   85.     Prohibitions on discharges from ships still apply

   PART 9 - REPORTING OF POLLUTION INCIDENTS

           Division 1 - Meaning of “reportable incident”

   86.     Meaning of “reportable incident”

           Division 2 - Master’s obligations

   87.     Master must report reportable incident
   88.     Master must provide supplementary report if Minister requires it
   89.     Master must provide supplementary report if further developments arise

           Division 3 - Obligations of other persons

   90.     Duty of other persons to report if ship abandoned or report cannot be obtained
   91.     Duty of other persons to report if report incomplete
   92.     Duty of other persons to provide supplementary report

           Division 4 - Miscellaneous

   93.     False or misleading reports
   94.     Inadmissibility of certain evidence

   PART 10 - EMERGENCY PLANS AND OTHER PLANS

           Division 1 - Shipboard oil pollution emergency plan

   95.     Obligation to carry shipboard oil pollution emergency plan
   96.     Approval of shipboard oil pollution emergency plan
   97.     Contents of shipboard oil pollution emergency plan
   98.     Language of shipboard oil pollution emergency plan
   99.     Plans may be combined

           Division 2 - Shipboard marine pollution emergency plan for noxious liquid substances

   100.    Obligation to carry shipboard marine pollution emergency plan for noxious liquid substances
   101.    Approval of shipboard marine pollution emergency plan for noxious liquid substances
   102.    Contents of shipboard marine pollution emergency plan for noxious liquid substances
   103.    Language of shipboard marine pollution emergency plan for noxious liquid substances

           Division 3 - Procedures and arrangements manual

   104.    Procedures and arrangements manual required
   105.    Form and content of procedures and arrangements manual
   106.    Language of procedures and arrangements manual

           Division 4 - Shipboard garbage management plan

   107.    Obligation to carry shipboard garbage management plan
   108.    Contents of shipboard garbage management plan
   109.    Language of shipboard garbage management plan

           Division 5 - Placards relating to garbage disposal requirements

   110.    Placards relating to requirements for disposal of garbage
   111.    Content of garbage disposal requirements placard
   112.    Language of garbage disposal requirements placards

   PART 11 - RECORD KEEPING

           Division 1 - Requirement to carry oil record book

   113.    Requirement to carry an oil record book
   114.    Form of oil record book
   115.    Language of oil record book
   116.    Master must sign completed page of oil record book
   117.    Entries in relation to prescribed operations or occurrences
   118.    Entries in relation to inspections
   119.    False entries in oil record book
   120.    Oil record book to be retained on ship for one year
   121.    Oil record book to be retained
   122.    Master may be required to certify entry in oil record book
   123.    Admissibility of certified entry in oil record book

           Division 2 - Requirement to carry cargo record book

   124.    Requirement to carry cargo record book
   125.    Form of cargo record book
   126.    Language of cargo record book
   127.    Master must sign completed page of cargo record book
   128.    Entries in relation to prescribed operations or occurrences
   129.    Entries in relation to inspections
   130.    False entries in cargo record book
   131.    Cargo record book to be retained on ship for one year
   132.    Cargo record book to be retained for two years
   133.    Master may be required to certify entry in cargo record book
   134.    Admissibility of certified entry in cargo record book

           Division 3 - Requirement to carry garbage record book

   135.    Requirement to carry garbage record book on board ship
   136.    Requirement to carry garbage record book on platform
   137.    Minister may waive requirement to carry garbage record book
   138.    Form of garbage record book
   139.    Language of garbage record book
   140.    Master must sign completed page of garbage record book
   141.    Entries in relation to prescribed operations or occurrences
   142.    Entries in relation to inspections
   143.    False entries in garbage record book
   144.    Garbage record book to be retained on ship for one year
   145.    Garbage record book to be retained
   146.    Master may be required to certify entry in garbage record book
   147.    Admissibility of certified entry in garbage record book

   PART 12 - CERTIFICATION OF CONSTRUCTION OF SHIPS

           Division 1 - Regulations relating to construction of ships

   148.    Regulations relating to construction of ships
   149.    References to compliance with Annexes of MARPOL

           Division 2 - Requirement for certification of certain ships

   150.    Requirement for ship construction certificate
   151.    Requirement for chemical tanker construction certificate
   152.    Requirement for sewage pollution prevention certificate

           Division 3 - Local certification

   153.    Application for NSW certificate
   154.    Ship to be surveyed
   155.    Issue of NSW certificates
   156.    Duration of NSW certificate

           Division 4 - Surveys after accident or discovery of defect

   157.    Duty of master and owner to notify Minister of certain accidents
   158.    Duty of master and owner to notify Minister of certain defects
   159.    Minister may investigate ship or require survey after notifiable accident or defect
   160.    Ships to be surveyed after accident or discovery of defect

           Division 5 - Approval of major changes to NSW certified ship

   161.    Changes to construction of ships must be notified and pre-approved
   162.    Minister may investigate ship or require survey after notice of proposed change
   163.    Ships to be surveyed after notice given of proposed change

           Division 6 - Annual surveying of ships

   164.    Ships to be surveyed annually

           Division 7 - Renewal of local certification

   165.    Application for renewal of NSW certificate
   166.    Ship to be surveyed before renewal
   167.    Renewal of NSW certificates
   168.    Extension of NSW certificates

           Division 8 - Cancellation of local certification

   169.    Cancellation of NSW certificate
   170.    Cancelled NSW certificate has no effect
   171.    Surrender of cancelled NSW certificate
   172.    Detained ship must not leave port

   PART 13 - SHIPS MUST BE INSURED AGAINST DAMAGE BY DISCHARGE OF OIL

   173.    Application of Part
   174.    Ships must be insured against oil pollution
   175.    Ships must carry evidence of insurance
   176.    Ship may be detained
   177.    Detained ship must not leave port

   PART 14 - RECEPTION FACILITIES FOR COLLECTING WASTE

           Division 1 - Minister may provide reception facilities

   178.    Minister may arrange for provision of reception facilities
   179.    Regulations concerning reception facilities

           Division 2 - Minister may direct persons to provide reception facilities

   180.    Minister may require person to provide, maintain and make available reception facilities
   181.    Owner or occupier must comply with requirement relating to reception facilities
   182.    Notices

   PART 15 - MINISTER MAY TAKE ACTION TO PREVENT OR CLEAN UP POLLUTION

   183.    Minister may take action to prevent or clean up marine pollution
   184.    Recovery of costs and expenses of preventative action or clean-up action
   185.    Costs and expenses incurred by Minister are charges on ship
   186.    Detention of ship until recovery of costs and expenses or giving of security
   187.    Detained ship must not leave port
   188.    Obstruction of officers is an offence
   189.    Oiled Wildlife Care Network

   PART 16 - MARINE ENVIRONMENT PROTECTION NOTICES

           Division 1 - Preliminary

   190.    Definitions
   191.    Classification of marine environment protection notices
   192.    Marine environment protection notices may be given orally

           Division 2 - Marine pollution clean-up notices

   193.    Clean-up by polluters
   194.    Clean-up by public authorities
   195.    Fee

           Division 3 - Marine pollution prevention notices

   196.    Meaning of environmentally unsatisfactory manner
   197.    Preventative action
   198.    Offence
   199.    Commencement of operation of marine pollution prevention notices or variations
   200.    Fee

           Division 4 - Marine pollution prohibition notices

   201.    Prohibition on activities
   202.    Offence

           Division 5 - Minister may take action if marine environment protection notice not complied with

   203.    Minister may take action in event of failure to comply
   204.    Obstruction of persons acting in compliance with notice is an offence

           Division 6 - Compliance costs

   205.    Marine pollution compliance cost notices
   206.    Recovery of amounts

           Division 7 - Recovery of costs and expenses if the Minister takes action

   207.    Costs and expenses incurred by Minister are charges on ship
   208.    Detention of ship until recovery of costs and expenses or giving of security
   209.    Detained ship must not leave port

           Division 8 - Miscellaneous

   210.    Minister’s other preventative powers not affected
   211.    Multiple notices
   212.    Extraterritorial application
   213.    Revocation or variation
   214.    Power to enter land
   215.    Obstruction of persons

   PART 17 - RECOVERY OF COSTS, EXPENSES AND DAMAGES

           Division 1 - Recovery of costs, expenses and damages by Minister or any other person

   216.    Recovery of damages, costs or expenses relating to discharge prohibited by Act
   217.    Recovery of loss, damage, costs or expenses

           Division 2 - Joint liability for damage relating to transfer operations

   218.    Joint and several liability where oil or noxious liquid substance is discharged from pipeline
   219.    Several liability where oil or noxious liquid substance is discharged from 2 or more ships

           Division 3 - Rights of recovery not affected

   220.    Rights of recovery not affected

   PART 18 - DETENTION OF SHIPS AND TAKING OF SECURITIES

   221.    Ships that are believed to have discharged marine pollutants may be detained
   222.    Detained ships must not depart
   223.    Security may be required to be provided
   224.    Detained ships must be released if security provided or no liability
   225.    Security taken by Minister

   PART 19 - ENFORCEMENT

           Division 1 - Appointment of inspectors and authorised persons

   226.    Appointment of inspectors
   227.    Identity cards for inspectors and authorised persons

           Division 2 - Powers of inspectors and authorised persons

   228.    Powers of inspectors and authorised persons
   229.    Inspectors and authorised persons may enter or inspect place on land
   230.    Inspector and authorised persons must not unnecessarily delay ships
   231.    Obstruction of inspectors and authorised persons
   232.    Inspectors and certain other persons have no personal liability

   PART 20 - PROCEEDINGS FOR ENFORCEMENT

           Division 1 - Proceedings for enforcement

   233.    Time within which proceedings may be commenced
   234.    Proceedings for offences
   235.    Offences by corporations

           Division 2 - Penalties are charges on ship

   236.    Penalties are charges on ship
   237.    Detention of ship until recovery of penalty or provision of security

           Division 3 - Evidence

   238.    Records are admissible as evidence
   239.    Proof of certain matters not required
   240.    Evidence of analysts

           Division 4 - Miscellaneous

   241.    No double jeopardy
   242.    Defences operate separately

   PART 21 - REGULATIONS AND ORDERS

   243.    Regulations
   244.    Regulations may prescribe decisions that are administratively reviewable by NCAT
   245.    Orders
   246.    Prescribing matters by reference to other instruments

   PART 22 - MISCELLANEOUS

   247.    Delegation
   248.    Service of instruments (except in proceedings for offences)
   249.    Act to bind Crown
   250.    (Repealed)
   251.    Review of Act
           Schedule 1 (Repealed)
           SCHEDULE 2


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