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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
TRANSPORT OPERATIONS
(MARINE POLLUTION) BILL
1994
Queensland
TRANSPORT OPERATIONS (MARINE
POLLUTION) BILL 1994
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
Division 1--Introduction
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Division 2--Act's overall purpose
3 Overall purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Division 3--Interpretation
4 Definitions--the dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
5 Words and expressions used in MARPOL and this Act . . . . . . . . . . . . . . . . 11
6 Meaning of "MARPOL" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
7 Meaning of "agent" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Division 4--Operation of Act
8 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
9 Discharge outside coastal waters that enters coastal waters . . . . . . . . . . . . 13
PART 2--INFORMATION ABOUT THIS ACT
10 Why this Act was enacted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
11 Queensland's jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
12 The ships this Act applies to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
13 Ship construction, survey and certification . . . . . . . . . . . . . . . . . . . . . . . . . . 15
14 How this Act interacts with other environmental laws . . . . . . . . . . . . . . . . . 15
PART 3--MARINE POLLUTION STRATEGIES
Division 1--Development and approval of strategies
15 Development and approval of marine pollution strategies . . . . . . . . . . . . . . 15
2
Transport Operations (Marine Pollution)
16 Contents of marine pollution strategies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Division 2--Marine pollution prevention and response programs
17 Development and approval of marine pollution prevention and
response programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
18 Consistency with marine pollution strategies . . . . . . . . . . . . . . . . . . . . . . . . 17
19 Report on operation of marine pollution prevention and response
programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Division 3--Obligations of marine pollution strategies
20 Division's purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
21 Obligations about marine pollution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
22 Report on giving effect to s 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
PART 4--PREVENTION OF POLLUTION BY OIL
Division 1--Purpose of Part
23 Part gives effect to Annex I to MARPOL . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Division 2--Interpretation
24 Definitions for Part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
25 Words and expressions used in Annex I to MARPOL and this Part . . . . . . 19
Division 3--Discharge of oil prohibited
26 Discharge of oil into coastal waters prohibited . . . . . . . . . . . . . . . . . . . . . . . 20
27 Oil residues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Division 4--Defences
28 Defences to discharge offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Division 5--Exemptions
29 Certain discharges permissible . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Division 6--General
30 Shipboard oil pollution emergency plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
PART 5--PREVENTION OF POLLUTION BY NOXIOUS LIQUID
SUBSTANCES IN BULK
Division 1--Purpose and application of Part
31 Part gives effect to Annex II to MARPOL . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
32 Application of Part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Division 2--Interpretation
33 Definitions for Part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
3
Transport Operations (Marine Pollution)
34 Words and expressions used in Annex II to MARPOL and this Part . . . . . . 23
Division 3--Discharge of noxious liquid substances prohibited
35 Discharge of noxious liquid substances into coastal waters prohibited . . . . 24
Division 4--Defences
36 Defences to discharge offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Division 5--Exemptions
37 Certain discharges permissible . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Division 6--General
38 Certain noxious liquid substances to be treated as oil . . . . . . . . . . . . . . . . . 25
PART 6--PREVENTION OF POLLUTION BY PACKAGED
HARMFUL SUBSTANCES
Division 1--Purpose of Part
39 Part gives effect to Annex III to MARPOL . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Division 2--Interpretation
40 Definitions for Part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
41 Words and expressions used in Annex III to MARPOL and this Part . . . . . 26
Division 3--Jettisoning of harmful substance prohibited
42 Jettisoning of harmful substances into coastal waters prohibited . . . . . . . . 27
Division 4--Defences
43 Defences to discharge offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Division 5--Exemptions
44 Certain discharges permissible . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
PART 7--PREVENTION OF POLLUTION BY SEWAGE
Division 1--Interpretation
45 Definitions for Part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
46 Meaning of "length overall" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Division 2--Discharge of sewage prohibited
47 Discharge of sewage into coastal waters prohibited . . . . . . . . . . . . . . . . . . . 29
Division 3--Defence
48 Defence to discharge offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Division 4--Exemptions
49 Certain discharges permissible . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
4
Transport Operations (Marine Pollution)
Division 5--General
50 Ships to have holding tanks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
51 Other laws may also apply . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
PART 8--PREVENTION OF POLLUTION BY GARBAGE
Division 1--Purpose
52 Part gives effect to Annex V to MARPOL . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Division 2--Interpretation
53 Definitions for Part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
54 Words and expressions used in Annex V to MARPOL and this Part . . . . . 32
Division 3--Disposal of garbage prohibited
55 Disposal of garbage into coastal waters prohibited . . . . . . . . . . . . . . . . . . . . 33
Division 4--Defences
56 Defences to discharge offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Division 5--Exemptions
57 Certain disposals permissible . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
PART 9--TRANSFER OPERATIONS
Division 1--Purpose of Part
58 Responsibility for pollution from transfer operations and other matters . . . 34
Division 2--Interpretation
59 Definitions for Part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
60 Words and expressions used in Annex I or II to MARPOL and this Part . . 35
Division 3--Discharge during transfer operation prohibited
61 Discharge of pollutant into coastal waters prohibited . . . . . . . . . . . . . . . . . . 35
Division 4--Defences
62 Defences to discharge offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Division 5--Night operation restriction
63 Restrictions on transfer operations at night . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Division 6--General
64 Several liability--ships . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
65 Keeping of records about transfer etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
PART 10--RECEPTION FACILITIES
66 Reception facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
5
Transport Operations (Marine Pollution)
PART 11--REPORTING REQUIREMENTS
67 Duty to report certain incidents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
PART 12--INVESTIGATION, PREVENTION AND
MINIMISATION, AND ENFORCEMENT
Division 1--General
68 Functions of authorised officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
69 Authorised officers subject to directions from chief executive . . . . . . . . . . 41
70 Powers of authorised officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
71 Limitation on powers of authorised officer . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Division 2--Appointment of authorised officers and other matters
72 Appointment of authorised officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
73 Authorised officer's appointment conditions . . . . . . . . . . . . . . . . . . . . . . . . . 43
74 Authorised officer's identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
75 Production or display of authorised officer's identity card . . . . . . . . . . . . . . 44
76 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
Division 3--Powers of authorised officers
77 Entry to place by authorised officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
78 Warrants for entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
79 Warrants--applications made otherwise than in person . . . . . . . . . . . . . . . . 46
80 Boarding of ships . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
81 Authorised officer's general powers for ships and places . . . . . . . . . . . . . . . 48
82 Power to seize evidence from places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
83 Power to seize after boarding ship . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
84 Power to detain ship . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
85 Procedure after detention of ship . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
86 Procedure after seizure of evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
Division 4--Other enforcement powers of authorised officers
87 Power to require name and address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
88 Power to require information from certain persons . . . . . . . . . . . . . . . . . . . . 54
89 Power to require production of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
Division 5--Consent to entry of premises
90 Consent to entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
6
Transport Operations (Marine Pollution)
91 Evidence of consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
Division 6--Response action to discharge and authorised officer's
emergency powers
92 Purpose of Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
93 State has prime responsibility for directing emergency response . . . . . . . . 57
94 Emergency declaration may overrule local law . . . . . . . . . . . . . . . . . . . . . . 57
95 Authorised officer's powers in an emergency . . . . . . . . . . . . . . . . . . . . . . . . 58
96 Authorised officer may direct emergency release of pollutant . . . . . . . . . . 60
Division 7--Power of intervention
97 Definitions for Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
98 Power of intervention . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
99 Directions under s 99 may require taking of action . . . . . . . . . . . . . . . . . . . 63
100 Things to be done before power to intervene is exercised . . . . . . . . . . . . . . 63
Division 8--Offences
101 Failure to help authorised officer--emergency . . . . . . . . . . . . . . . . . . . . . . . 64
102 Failure to help authorised officer--other cases . . . . . . . . . . . . . . . . . . . . . . . 65
103 Failure to obey direction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
104 Failure to answer questions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
105 False, misleading or incomplete documents . . . . . . . . . . . . . . . . . . . . . . . . . 66
106 False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
107 Obstruction of authorised persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
108 Impersonation of authorised officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
Division 9--General
109 Authorised officer to give notice of damage . . . . . . . . . . . . . . . . . . . . . . . . . 68
110 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
PART 13--SECURITY
111 Definitions for Part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
112 Application of Part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
113 Detained ship must be released on giving security . . . . . . . . . . . . . . . . . . . . 70
114 Other ways detained ship may be released . . . . . . . . . . . . . . . . . . . . . . . . . . 71
115 Claims on security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
116 Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
7
Transport Operations (Marine Pollution)
117 Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
PART 14--LEGAL PROCEEDINGS
Division 1--Evidence
118 Evidentiary provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
119 Analyst's certificate or report produced by defendant . . . . . . . . . . . . . . . . . 76
120 Responsibility for acts or omissions of representatives . . . . . . . . . . . . . . . . 76
121 Executive officers must ensure corporation complies with Act . . . . . . . . . . 77
Division 2--Legal proceedings
122 Recovery of discharge expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
123 Indictable and summary offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
124 Proceedings for indictable offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
125 Limitation on who may summarily hear indictable offence proceedings . . 79
126 Limitation on time for starting summary proceedings . . . . . . . . . . . . . . . . . 79
127 Court may make orders about compensation and other matters . . . . . . . . . 79
Division 3--Service
128 Special provision for service of documents . . . . . . . . . . . . . . . . . . . . . . . . . . 80
PART 15--ADMINISTRATION
Division 1--Devolutions
129 Devolution of powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
Division 2--Delegations
130 Delegation by chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
131 Delegation by port authority's chief executive officer . . . . . . . . . . . . . . . . . 82
Division 3--Miscellaneous
132 Advisory committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
PART 16--MISCELLANEOUS
133 Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
134 Exemption of defence ships from Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
135 Review of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
PART 17--REPEALS
136 Acts repealed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
SCHEDULE
DICTIONARY
1994
A BILL
FOR
An Act to protect Queensland's marine and coastal environment by
minimising deliberate and negligent discharges of ship-sourced
pollutants into coastal waters, and for related purposes
s1 10 s3
Transport Operations (Marine Pollution)
The Parliament of Queensland enacts-- 1
ART 1--PRELIMINARY 2
P
1--Introduction 3
Division
title 4
Short
1. This Act may be cited as the Transport Operations (Marine Pollution) 5
Act 1994. 6
7
Commencement
2.(1) This Act, other than section 50(1) and (2) commences on a day to 8
be fixed by proclamation. 9
(2) Section 50(1) commences on 1 January 1998. 10
(3) Section 50(2) commences on 1 January 2000. 11
Division 2--Act's overall purpose 12
purpose 13
Overall
3.(1) The overall purpose of this Act is to protect Queensland's marine 14
and coastal environment by minimising deliberate and negligent discharges 15
of ship-sourced pollutants into coastal waters. 16
(2) This purpose is to be achieved primarily by giving effect to relevant 17
provisions of the following Annexes of MARPOL-- 18
· Annex I (which deals with pollution by oil) 19
· Annex II (which deals with pollution by noxious liquid 20
substances in bulk) 21
· Annex III (which deals with pollution by harmful substances in 22
packaged form) 23
s4 11 s5
Transport Operations (Marine Pollution)
· Annex V (which deals with pollution by garbage). 1
(3) The purpose is also to be achieved by-- 2
(a) providing an approach to protecting Queensland's marine and 3
coastal environment from ship-sourced pollutants complementary 4
to the approach of the Commonwealth and the other States; and 5
(b) making provision about the discharge of sewage from ships; and 6
(c) giving power to deal with shipping casualties that are polluting, or 7
threatening to pollute, coastal waters; and 8
(d) enhancing, through education processes, industry and community 9
awareness of the effects of ship-sourced pollutants on 10
Queensland's marine and coastal environment; and 11
(e) providing for the imposition of severe penalties on persons who 12
pollute Queensland's marine and coastal environment in 13
contravention of this Act. 14
3--Interpretation 15
Division
dictionary 16
Definitions--the
4.(1) A dictionary in the Schedule defines particular words used in this 17
Act.1 18
(2) Definitions found elsewhere in the Act are signposted in the 19
dictionary.2 20
ords and expressions used in MARPOL and this Act 21
W
5.(1) Words and expressions used in MARPOL (other than in an annex) 22
and this Act have the same meanings in this Act they have in MARPOL. 23
1 In some Acts, definitions are contained in a dictionary that appears as the last
Schedule and forms part of the Act--Acts Interpretation Act 1954, section 14.
2 The signpost definitions in the dictionary alert the reader to the terms defined
elsewhere in the Act and tell the reader where the section definitions can be
found. For example, the definition ` "MARPOL" see section 6' tells the reader
that the term "MARPOL" is defined in section 6.
s6 12 s6
Transport Operations (Marine Pollution)
(2) Subsection (1) applies-- 1
(a) whether or not a particular word or expression is defined in 2
MARPOL; and 3
(b) subject to sections 25, 34, 41, 54 and 60. 4
(3) Except as far as the context or subject matter otherwise indicates or 5
requires, if a word or expression is defined in MARPOL (other than in an 6
annex) and this Act-- 7
(a) this Act's definition does not limit or exclude, but may extend, the 8
meaning of the word or expression given under MARPOL; and 9
(b) the definitions are to be read in the context of each other and the 10
other provisions of this Act, but, if the definitions so read are 11
inconsistent, the MARPOL definition is displaced. 12
eaning of "MARPOL" 13
M
6.(1) "MARPOL" is the International Convention for the Prevention of 14
Pollution from Ships, 1973-- 15
(a) as corrected by the Procés-Verbal of Rectification dated 13 June 16
1978; and 17
(b) as modified and added to by the 1978 Pollution Protocol relating 18
to the Convention; and 19
(c) as affected by any amendment made under Article 16 of the 20
Convention and accepted by Australia. 21
(2) A regulation must be made before the commencement of this Act 22
setting out a copy of the English text of the provisions of MARPOL as in 23
force at the commencement. 24
(3) If an amendment to MARPOL is made under Article 16 of the 25
Convention and accepted by Australia, a regulation must be made setting 26
out the English text of the provisions of MARPOL as in force at that time. 27
(4) However, in interpreting this Act, MARPOL is taken to be the copy 28
of the English text from time to time set out in the regulations. 29
s7 13 s9
Transport Operations (Marine Pollution)
of "agent" 1
Meaning
7.(1) An "agent" of a ship owner is the person who, for the owner-- 2
(a) performs a function under the Marine Safety Act 1994 or 3
Chapter 5A (Port Infrastructure) of the Transport Infrastructure 4
Act 1994; or 5
(b) makes an arrangement for berthing the ship, or loading or 6
unloading cargo on or from the ship, in the State; or 7
(c) makes an arrangement for the ship to load bunkers or stores in the 8
State. 9
(2) The person remains the ship owner's agent until-- 10
(a) the person, or the ship owner, gives the chief executive written 11
notice that the person is no longer the ship's agent; or 12
(b) someone else in the State is appointed by the ship owner as agent; 13
or 14
(c) the ship goes outside coastal waters. 15
(3) If subsection (2)(a) and (b) do not apply, the person again becomes 16
the ship owner's agent when the ship returns to coastal waters. 17
Division 4--Operation of Act 18
binds all persons 19
Act
8. This Act binds all persons, including the State, and, so far as the 20
legislative power of the Parliament permits, the Commonwealth and the 21
other States. 22
outside coastal waters that enters coastal waters 23
Discharge
9.(1) The discharge of a pollutant, whether or not in packaged form, that 24
happens outside coastal waters is taken to be a discharge into coastal waters 25
under this Act if the discharged pollutant enters coastal waters. 26
(2) The discharge is taken to happen when the discharged pollutant enters 27
coastal waters. 28
s 10 14 s 11
Transport Operations (Marine Pollution)
ART 2--INFORMATION ABOUT THIS ACT 1
P
this Act was enacted 2
Why
10.(1) In 1973, the international community responded to worldwide 3
concern about the threat to the marine environment and coastlines posed by 4
the discharge of ship-sourced pollutants. 5
(2) The international community's response was the International 6
Convention for the Prevention of Pollution from Ships, 1973. 7
(3) The Convention, for the first time, set international standards for the 8
proper construction of ships designed to carry oil and noxious substances 9
and laid down rules about the level of discharges that may be made into the 10
sea without risk to the marine environment. 11
(4) The Convention, as amended, is known as MARPOL.3 12
(5) MARPOL was ratified by Australia in 1987. 13
(6) This Act gives effect to MARPOL by-- 14
(a) enacting as part of Queensland's law provisions to give effect to 15
relevant provisions of MARPOL; and 16
(b) providing a legislative framework in which the provisions can be 17
enforced. 18
(7) This approach complements the approach adopted by the 19
Commonwealth and the other States. 20
jurisdiction 21
Queensland's
11.(1) The body of law governing Australian waters is extremely 22
complex and this section is intended to provide only a very general 23
overview of the State's jurisdiction in the territorial sea. 24
(2) Queensland's jurisdiction in the territorial sea is limited under the 25
Coastal Waters (State Powers) Act 1980 (Cwlth). 26
(3) Because of this limitation, this Act only deals with discharges from 27
ships that happen, or are taken to happen, in the first 3 n miles of the 28
3 See section 6 for the precise meaning of MARPOL for this Act.
s 12 15 s 15
Transport Operations (Marine Pollution)
territorial sea and other coastal waters subject to the ebb and flow of the tide. 1
(4) These waters are referred to as coastal waters4 in this Act. 2
(5) Waters beyond the 3 n mile limit come under Commonwealth 3
jurisdiction to the extent that Australia has jurisdiction. 4
ships this Act applies to 5
The
12. This Act applies to all ships in coastal waters. 6
construction, survey and certification 7
Ship
13. Issues about ship construction, survey and certification are generally 8
dealt with under the Marine Safety Act. 9
this Act interacts with other environmental laws 10
How
14.(1) This Act deals with the discharge of pollutants into coastal waters 11
happening from ships or because of transfer operations involving ships. 12
(2) If a pollutant is discharged into coastal waters from another source, 13
other environmental laws may apply.5 14
PART 3--MARINE POLLUTION STRATEGIES 15
Division 1--Development and approval of strategies 16
and approval of marine pollution strategies 17
Development
15.(1) The chief executive must, from time to time, develop for the 18
Minister's approval strategies designed to give effect to the Transport 19
4 See the dictionary in the Schedule for the precise meaning of coastal waters for
this Act.
5 See, for example, the Environmental Protection Act 1994.
s 16 16 s 16
Transport Operations (Marine Pollution)
Coordination Plan to protect Queensland's marine and coastal environment 1
from the effects of the deliberate, negligent or accidental discharge of 2
ship-sourced pollutants into coastal waters. 3
(2) In developing marine pollution strategies, the chief executive must 4
take reasonable steps to engage in public consultation. 5
(3) The Minister may, at any time, direct the chief executive to prepare 6
new marine pollution strategies for the Minister's approval or to amend 7
marine pollution strategies in the way the Minister directs. 8
(4) The Minister may approve marine pollution strategies submitted for 9
approval or require the chief executive to amend the strategies in the way the 10
Minister directs. 11
(5) The Minister must table a copy of each marine pollution strategy, and 12
each amendment of a marine pollution strategy, approved by the Minister in 13
the Legislative Assembly within 5 sitting days after its approval. 14
of marine pollution strategies 15
Contents
16.(1) Marine pollution strategies must include-- 16
(a) a statement of the specific objectives sought to be achieved; and 17
(b) proposals for the provision of marine pollution prevention 18
initiatives and related marine operational initiatives; and 19
(c) criteria for deciding priorities for government spending on marine 20
pollution prevention initiatives and related marine operational 21
initiatives, and options for raising the necessary finance; and 22
(d) appropriate performance indicators for deciding whether, and to 23
what extent, the objectives of the strategies have been achieved. 24
(2) Marine pollution strategies must take account of-- 25
(a) Australia's international obligations about marine pollution 26
prevention, including its obligations under MARPOL; and 27
(b) agreements or arrangements between the State and the 28
Commonwealth, other States and local governments about marine 29
pollution prevention initiatives. 30
s 17 17 s 18
Transport Operations (Marine Pollution)
Division 2--Marine pollution prevention and response programs 1
and approval of marine pollution prevention and 2
Development
response programs 3
17.(1) Before the start of each financial year, the chief executive must 4
develop for the Minister's approval marine pollution prevention and 5
response programs for the year and for 1 or more later years. 6
(2) Marine pollution prevention and response programs must include-- 7
(a) the policies, projects and financial provisions for carrying out 8
marine pollution strategies; and 9
(b) the performance targets to be achieved. 10
(3) Marine pollution prevention and response programs may include 11
proposals to spend amounts on programs other than marine pollution if the 12
spending may contribute to the minimisation of marine pollution in coastal 13
waters. 14
(4) In developing marine pollution prevention and response programs, 15
the chief executive must take reasonable steps to consult with government 16
agencies, port authorities, local governments, sectors of the maritime 17
industry and community and interest groups that, in the chief executive's 18
opinion, would be affected by the programs. 19
(5) Marine pollution prevention and response programs are to be made 20
publicly available in the way decided by the Minister. 21
(6) The Minister may at any time direct the chief executive to amend 22
marine pollution prevention and response programs. 23
(7) The Minister may approve marine pollution prevention and response 24
programs that are submitted for approval or require the chief executive to 25
amend the programs in the way the Minister directs. 26
with marine pollution strategies 27
Consistency
18.(1) Subject to directions of the Minister, marine pollution prevention 28
and response programs must be consistent with marine pollution strategies. 29
(2) If the Minister gives a direction under this section that results in a 30
marine pollution prevention and response program being inconsistent with a 31
s 19 18 s 22
Transport Operations (Marine Pollution)
marine pollution strategy, the Minister must table a copy of the direction in 1
the Legislative Assembly within 5 sitting days after it is given. 2
on operation of marine pollution prevention and response 3
Report
programs 4
19. Each annual report of the department must include a report on the 5
operation of the marine pollution prevention and response programs during 6
the financial year to which the annual report relates. 7
3--Obligations of marine pollution strategies 8
Division
purpose 9
Division's
20. This Division is intended to ensure value for money for resources 10
applied to preventing marine pollution. 11
about marine pollution 12
Obligations
21. The chief executive must ensure marine pollution strategies are 13
developed in a way that-- 14
(a) takes into account national and international benchmarks and 15
international best practice; and 16
(b) promotes, within overall transport operations, the safe transport of 17
persons and goods and the protection and conservation of 18
Queensland's marine and coastal environment. 19
on giving effect to s 21 20
Report
22. The department's annual report must include a report on the way in 21
which effect has been given to section 21 during the financial year to which 22
the report relates. 23
s 23 19 s 25
Transport Operations (Marine Pollution)
ART 4--PREVENTION OF POLLUTION BY OIL 1
P
Division 1--Purpose of Part 2
gives effect to Annex I to MARPOL 3
Part
23. The purpose of this Part is to give effect to relevant provisions of 4
Annex I to MARPOL. 5
2--Interpretation 6
Division
for Part 7
Definitions
24. In this Part-- 8
"discharge offence" means an offence against section 26(1) or 27(1). 9
"oil" includes an oily mixture. 10
ords and expressions used in Annex I to MARPOL and this Part 11
W
25.(1) Words and expressions used in Annex I to MARPOL and this 12
Part have the same meanings in this Part they have in the Annex. 13
(2) Subsection (1) applies whether or not a particular word or expression 14
is defined in Annex I. 15
(3) Except as far as the context or subject matter otherwise indicates or 16
requires, if a word or expression is defined in Annex I to MARPOL and 17
this Part-- 18
(a) this Part's definition does not limit or exclude, but may extend, 19
the meaning of the word or expression given under Annex I; and 20
(b) the definitions are to be read in the context of each other and the 21
other provisions of this Act, but, if the definitions so read are 22
inconsistent, the Annex I definition is displaced. 23
s 26 20 s 27
Transport Operations (Marine Pollution)
Division 3--Discharge of oil prohibited 1
of oil into coastal waters prohibited 2
Discharge
26.(1) If oil is discharged from a ship into coastal waters, the ship's 3
owner and master each commit an offence.6 4
Maximum penalty--3 500 penalty units. 5
(2) Subsection (1) applies despite sections 23 and 24 of the Criminal 6
Code.7 7
residues 8
Oil
27.(1) If any oil residues that cannot be discharged from a ship into 9
coastal waters without contravening section 26(1) are not retained on board 10
the ship while the ship is in coastal waters, the ship's master and owner 11
each commit an offence.8 12
Maximum penalty--3 500 penalty units. 13
14
Example--
15
A ship leaves Port A with a quantity of oil residues held in a tank or space and,
16
without leaving coastal waters, arrives at Port B with a lesser quantity in the tank or
17
space. This subsection places an onus on the ship's master to explain why there is a
18
discrepancy in the quantity.
(2) If an event contravenes subsection (1) and section 26(1), the ship's 19
owner and master cannot be punished for the event under both provisions. 20
6 See Annex I, regulation 9(1). For other substances treated as oil, see section 38.
7 Section 23 of the Code deals with a person's criminal responsibility for an act or
omission that happens independently of the person's will or for an event which is
accidental. Section 24 of the Code deals with a person's criminal responsibility
for an act or omission done under an honest and reasonable, but mistaken, belief
in the state of things.
8 See Annex I, regulation 9(6).
s 28 21 s 29
Transport Operations (Marine Pollution)
4--Defences 1
Division
to discharge offence 2
Defences
28.(1) Each of the following is a defence9 to a prosecution for a discharge 3
offence-- 4
(a) the discharge was necessary for the purpose of securing the safety 5
of a ship or saving life at sea; 6
(b) the discharge resulted from damage, other than intentional 7
damage, to the ship or its equipment and all reasonable 8
precautions were taken after the damage happened or the 9
discharge was discovered to prevent or minimise the discharge of 10
the oil; 11
(c) for an oily mixture--the discharge was made to combat specific 12
pollution incidents to minimise the damage from pollution and 13
was approved by an authorised officer; 14
(d) the discharge was authorised by an authorised officer for training 15
purposes. 16
(2) For subsection (1)(b), damage to a ship or its equipment is intentional 17
damage only if the damage arose in circumstances in which the ship's 18
owner or master-- 19
(a) acted with intent to cause damage; or 20
(b) acted recklessly and with knowledge that damage would probably 21
result. 22
5--Exemptions 23
Division
discharges permissible 24
Certain
29.(1) The regulations may exempt discharges from the operation of the 25
discharge offences. 26
(2) However, a regulation may be made only if it gives effect to an 27
9 See Annex I, regulation 11.
s 30 22 s 32
Transport Operations (Marine Pollution)
exemption allowed under MARPOL. 1
2
Example--
3
The regulations may prescribe that oil may be discharged outside specified areas,
4
at a rate and under conditions prescribed under MARPOL. A discharge made outside
5
the area, at the prescribed rate and under the prescribed conditions does not
6
contravene this Act.
Division 6--General 7
oil pollution emergency plan 8
Shipboard
30. If a ship does not have on board a shipboard oil pollution emergency 9
plan, the ship's owner and master each commit an offence. 10
Maximum penalty--850 penalty units. 11
PART 5--PREVENTION OF POLLUTION BY 12
NOXIOUS LIQUID SUBSTANCES IN BULK 13
1--Purpose and application of Part 14
Division
gives effect to Annex II to MARPOL 15
Part
31. The purpose of this Part is to give effect to relevant provisions of 16
Annex II to MARPOL. 17
of Part 18
Application
32. This Part applies to all ships carrying noxious liquid substances in 19
bulk. 20
s 33 23 s 34
Transport Operations (Marine Pollution)
2--Interpretation 1
Division
for Part 2
Definitions
33. In this Part-- 3
"Annex II" means Annex II to MARPOL. 4
"discharge offence" means an offence against section 35(1). 5
"mixture" includes ballast water, tank washings and bilge and other 6
residues. 7
"noxious liquid substance" includes-- 8
(a) a liquid substance declared by regulation to be designated in 9
Appendix II to Annex II and categorised as a Category A, B, C or 10
D substance; and 11
(b) a mixture containing a noxious liquid substance. 12
"oil" has the meaning it has in Part 4.10 13
ords and expressions used in Annex II to MARPOL and this Part 14
W
34.(1) Words and expressions used in Annex II to MARPOL and this 15
Part have the same meanings in this Part they have in the Annex. 16
(2) Subsection (1) applies whether or not a particular word or expression 17
is defined in Annex II. 18
(3) Except as far as the context or subject matter otherwise indicates or 19
requires, if a word or expression is defined in Annex II to MARPOL and 20
this Part-- 21
(a) this Part's definition does not limit or exclude, but may extend, 22
the meaning of the word or expression given under Annex II; and 23
(b) the definitions are to be read in the context of each other and the 24
other provisions of this Act, but, if the definitions so read are 25
inconsistent, the Annex II definition is displaced. 26
10 Part 4 is about prevention of pollution by oil--see section 24.
s 35 24 s 36
Transport Operations (Marine Pollution)
Division 3--Discharge of noxious liquid substances prohibited 1
of noxious liquid substances into coastal waters prohibited 2
Discharge
35.(1) If a noxious liquid substance is discharged from a ship into coastal 3
waters, the ship's owner and master each commit an offence.11 4
Maximum penalty--3 500 penalty units. 5
(2) Subsection (1) applies despite sections 23 and 24 of the Criminal 6
Code.12 7
4--Defences 8
Division
to discharge offence 9
Defences
36.(1) Each of the following is a defence13 to a prosecution for a 10
discharge offence-- 11
(a) the discharge was necessary for the purpose of securing the safety 12
of a ship or saving life at sea; 13
(b) the discharge resulted from damage, other than intentional 14
damage, to the ship or its equipment and all reasonable 15
precautions were taken after the damage happened or the 16
discharge was discovered to prevent or minimise the discharge of 17
the noxious liquid substance; 18
(c) the discharge was for the purpose of combating specific pollution 19
incidents to minimise the damage from pollution and was 20
approved by an authorised officer. 21
(2) For subsection (1)(b), damage to a ship or its equipment is taken to 22
be intentional damage only if the damage arose in circumstances in which 23
the ship's owner or master-- 24
(a) acted with intent to cause damage; or 25
11 See Annex II, regulations 5(1), (2), (3) and (4).
12 See footnote 7 for information about sections 23 and 24 of the Code.
13 See Annex II, regulation 6.
s 37 25 s 38
Transport Operations (Marine Pollution)
(b) acted recklessly and with knowledge that damage would probably 1
result. 2
5--Exemptions 3
Division
discharges permissible 4
Certain
37.(1) The regulations may exempt discharges from the operation of the 5
discharge offence. 6
(2) However, a regulation may be made only if it gives effect to an 7
exemption allowed under MARPOL. 8
9
Example--
10
The regulations may prescribe that noxious liquid substances may be discharged
11
outside specified areas, at a rate and under conditions prescribed under MARPOL. A
12
discharge made outside the area, at the prescribed rate and under the prescribed
13
conditions does not contravene this Act.
Division 6--General 14
noxious liquid substances to be treated as oil 15
Certain
38.(1) The regulations may prescribe a Category C or D substance as an 16
oil-like substance (the "prescribed oil-like substance") that may be carried 17
on an oil tanker if conditions prescribed under the regulations are satisfied.14 18
(2) However, the regulations may only prescribe a Category C or D 19
substance identified by the IMO as an oil-like substance. 20
(3) If a prescribed oil-like substance is carried on an oil tanker, section 26 21
applies to a discharge of the substance as if the substance were oil. 22
(4) If an oil tanker carrying a prescribed oil-like substance contravenes 23
the conditions prescribed under the regulations, the ship's owner and master 24
each commit an offence. 25
Maximum penalty--850 penalty units. 26
14 See Annex II, regulation 14.
s 39 26 s 41
Transport Operations (Marine Pollution)
PART 6--PREVENTION OF POLLUTION BY 1
PACKAGED HARMFUL SUBSTANCES 2
Division 1--Purpose of Part 3
gives effect to Annex III to MARPOL 4
Part
39. The purpose of this Part is to give effect to relevant provisions of 5
Annex III to MARPOL. 6
2--Interpretation 7
Division
for Part 8
Definitions
40. In this Part-- 9
"discharge offence" means an offence against section 42(1). 10
"harmful substance" see MARPOL. 15 11
ords and expressions used in Annex III to MARPOL and this Part 12
W
41.(1) Words and expressions used in Annex III to MARPOL and this 13
Part have the same meanings in this Part they have in the Annex. 14
(2) Subsection (1) applies whether or not a particular word or expression 15
is defined in Annex III. 16
(3) Except as far as the context or subject matter otherwise indicates or 17
requires, if a word or expression is defined in Annex III to MARPOL and 18
this Part-- 19
(a) this Part's definition does not limit or exclude, but may extend, 20
the meaning of the word or expression given under Annex III; 21
and 22
(b) the definitions are to be read in the context of each other and the 23
15 See Annex III, regulation 1.
s 42 27 s 43
Transport Operations (Marine Pollution)
other provisions of this Act, but, if the definitions so read are 1
inconsistent, the Annex III definition is displaced. 2
3--Jettisoning of harmful substance prohibited 3
Division
of harmful substances into coastal waters prohibited 4
Jettisoning
42.(1) If a harmful substance carried as cargo in packaged form is 5
jettisoned from a ship into coastal waters, the ship's owner and master each 6
commit an offence.16 7
Maximum penalty--3 500 penalty units. 8
(2) A harmful substance is taken to have been jettisoned if it is 9
discharged into coastal waters because of a leakage of the substance. 10
(3) Subsection (1) applies despite sections 23 and 24 of the Criminal 11
Code.17 12
4--Defences 13
Division
to discharge offence 14
Defences
43. The following are defences18 to a prosecution for a discharge 15
offence-- 16
(a) the jettisoning was made for the purpose of securing the safety of 17
a ship or saving life at sea; 18
(b) if the jettisoning was the washing of leakages overboard--the 19
jettisoning in accordance with procedures prescribed by regulation 20
would have impaired the safety of the ship or persons on board 21
the ship. 22
16 See Annex III, regulation 7(1).
17 See footnote 7 for information about sections 23 and 24 of the Code.
18 See Annex III, regulation 7(1) and (2).
s 44 28 s 45
Transport Operations (Marine Pollution)
5--Exemptions 1
Division
discharges permissible 2
Certain
44. The regulations may exempt discharges from the operation of the 3
discharge offence. 4
PART 7--PREVENTION OF POLLUTION BY 5
SEWAGE 6
1--Interpretation 7
Division
for Part 8
Definitions
45. In this Part-- 9
"commencement" means the commencement of Part 1, Divisions 2 to 4. 10
"discharge offence" means an offence against section 47. 11
"existing ship" means a ship other than a new ship. 12
"high sensitivity zone" means an area of coastal waters declared by 13
regulation to be a high sensitivity zone. 14
"holding tank" means a container or receptacle on a ship designed and 15
constructed to receive waste from a toilet on the ship and keep the 16
waste for disposal. 17
"large ship" means a ship of 200 tons gross tonnage and above. 18
"length overall" of a ship see section 46. 19
"low sensitivity zone" means the area of coastal waters not declared to be 20
high or moderate sensitivity zones. 21
"medium ship" means a ship that is not a large ship or small ship. 22
"moderate sensitivity zone" means an area of coastal waters declared by 23
regulation to be a moderate sensitivity zone. 24
s 46 29 s 47
Transport Operations (Marine Pollution)
"new ship" means a ship-- 1
(a) for which a building contract is placed; or 2
(b) if there is no building contract--the keel of which is laid; or 3
(c) if there is no building contract and no keel is laid--for which hull 4
construction has started on or after the commencement; or 5
(d) that is under construction, but the delivery for which is at least 6
3 years after the commencement. 7
"small ship" means a ship less than 10 m in length overall. 8
"toilet" includes urinal. 9
of "length overall" 10
Meaning
46.(1) The "length overall" of a ship is the distance in the fore and aft 11
line from the foremost part of the hull to the aftermost part of the hull of the 12
ship taken at the upper weather tight deck or, for an open ship, at the height 13
of the gunwale. 14
(2) However, the length overall of the ship does not include the length of 15
appendages to the hull. 16
17
Example--
18
A bowsprit or boarding platform is not taken into account when measuring the
19
overall length of a ship.
2--Discharge of sewage prohibited 20
Division
of sewage into coastal waters prohibited 21
Discharge
47.(1) If sewage is discharged from a ship into a high sensitivity zone, 22
the ship's owner and master each commit an offence. 23
Maximum penalty-- 24
(a) for a large or medium ship--850 penalty units; and 25
(b) for a small ship--40 penalty units. 26
(2) If sewage is discharged from a ship into a moderate sensitivity zone, 27
the ship's owner and master each commit an offence. 28
s 48 30 s 49
Transport Operations (Marine Pollution)
Maximum penalty-- 1
(a) for a large or medium ship--600 penalty units; and 2
(b) for a small ship--10 penalty units. 3
(3) If sewage is discharged from a large ship into a low sensitivity zone, 4
the ship's owner and master each commit an offence. 5
Maximum penalty--350 penalty units. 6
(4) This section applies despite sections 23 and 24 of the Criminal 7
Code.19 8
Division 3--Defence 9
to discharge offence 10
Defence
48. It is a defence to a prosecution for a discharge offence if-- 11
(a) the discharge happened because of damage to the ship or its 12
equipment; and 13
(b) all reasonable precautions were taken before and after the damage 14
happened to prevent or minimise the escape of the sewage. 15
4--Exemptions 16
Division
discharges permissible 17
Certain
49. The regulations may exempt discharges from the operation of 18
discharge offences. 19
20
Example--
21
The regulations may prescribe that sewage may be discharged at a prescribed rate
22
and under prescribed conditions. A discharge made at the prescribed rate and under
23
the prescribed conditions does not contravene this Act.
19 See footnote 7 for information about sections 23 and 24 of the Code.
s 50 31 s 51
Transport Operations (Marine Pollution)
Division 5--General 1
to have holding tanks 2
Ships
50.(1) A new ship, other than a small ship, must be fitted with a toilet 3
and a holding tank connected to the toilet.20 4
Maximum penalty--850 penalty units. 5
(2) An existing ship, other than a small ship, must be fitted with a toilet 6
and a holding tank connected to the toilet.21 7
Maximum penalty--850 penalty units. 8
(3) An existing ship may be exempted from subsection (2) if the ship's 9
owner produces to the chief executive a certificate from a ship designer, ship 10
builder or marine surveyor certifying the ship as unsuitable to be fitted with 11
a holding tank. 12
(4) The regulations may prescribe the grounds for certifying a ship as 13
unsuitable to be fitted with a holding tank. 14
laws may also apply 15
Other
51. This Part does not limit another law imposing more stringent 16
requirements about the discharge of sewage into coastal waters. 17
20 Section 50(1) commences on 1 January 1998--see section 2(2).
21 Section 50(2) commences on 1 January 2000--see section 2(3).
s 52 32 s 54
Transport Operations (Marine Pollution)
PART 8--PREVENTION OF POLLUTION BY 1
GARBAGE 2
Division 1--Purpose 3
gives effect to Annex V to MARPOL 4
Part
52. The purpose of this Part is to give effect to relevant provisions of 5
Annex V to MARPOL. 6
2--Interpretation 7
Division
for Part 8
Definitions
53. In this Part-- 9
"discharge offence" means an offence against section 55(1). 10
"garbage" includes plastics. 11
ords and expressions used in Annex V to MARPOL and this Part 12
W
54.(1) Words and expressions used in Annex V to MARPOL and this 13
Part have the same meanings in this Part they have in the Annex. 14
(2) Subsection (1) applies whether or not a particular word or expression 15
is defined in Annex V. 16
(3) Except as far as the context or subject matter otherwise indicates or 17
requires, if a word or expression is defined in Annex V to MARPOL and 18
this Part-- 19
(a) this Part's definition does not limit or exclude, but may extend, 20
the meaning of the word or expression given under Annex V; and 21
(b) the definitions are to be read in the context of each other and the 22
other provisions of this Act, but, if the definitions so read are 23
inconsistent, the Annex V definition is displaced. 24
s 55 33 s 57
Transport Operations (Marine Pollution)
Division 3--Disposal of garbage prohibited 1
of garbage into coastal waters prohibited 2
Disposal
55.(1) If garbage is disposed of from a ship into coastal waters, the 3
ship's owner and master each commit an offence.22 4
Maximum penalty--3 500 penalty units. 5
(2) Subsection (1) applies despite sections 23 and 24 of the Criminal 6
Code.23 7
4--Defences 8
Division
to discharge offence 9
Defences
56. Each of the following is a defence24 to a prosecution for a discharge 10
offence-- 11
(a) the disposal was made for the purpose of securing the safety of 12
the ship and the persons on board the ship or saving life at sea; 13
(b) the disposal happened because of damage to the ship or its 14
equipment and all reasonable precautions were taken before and 15
after the damage happened to prevent or minimise the disposal; 16
(c) the disposal was the accidental loss at sea of a synthetic fishing 17
net, or synthetic material used in the repair of a synthetic fishing 18
net, and all reasonable precautions were taken to prevent the loss. 19
5--Exemptions 20
Division
disposals permissible 21
Certain
57.(1) The regulations may exempt disposals from the operation of the 22
22 See Annex V, regulation 3(1).
23 See footnote 7 for information about sections 23 and 24 of the Code.
24 See Annex V, regulation 6.
s 58 34 s 59
Transport Operations (Marine Pollution)
discharge offence. 1
(2) However, a regulation may be made only if it gives effect to an 2
exemption allowed under MARPOL or relates to fishing or tourism 3
operations. 4
ART 9--TRANSFER OPERATIONS 5
P
Division 1--Purpose of Part 6
for pollution from transfer operations and other 7
Responsibility
matters 8
58. The purpose of this Part is-- 9
(a) to state when a ship's owner and master are responsible for a 10
discharge happening during or because of a transfer operation; 11
and 12
(b) to make provision for other matters about transfer operations. 13
2--Interpretation 14
Division
for Part 15
Definitions
59. In this Part-- 16
"discharge offence" means an offence against section 61(1). 17
"noxious liquid substance" has the meaning it has in Part 5,25 and 18
includes a mixture containing a noxious liquid substance. 19
"oil" has the meaning it has in Part 4.26 20
25 Part 5 is about prevention of pollution by noxious liquid substances in
bulk--see section 33.
26 Part 4 is about prevention of pollution by oil--see section 24.
s 60 35 s 61
Transport Operations (Marine Pollution)
"transfer apparatus", for a ship, means apparatus used in the transfer of a 1
pollutant between a ship and another ship or place. 2
"transfer operation", for a ship, means any operation involved in 3
preparing for, or starting, carrying on or finishing, a transfer of a 4
pollutant between a ship and another ship or place. 5
ords and expressions used in Annex I or II to MARPOL and this 6
W
Part 7
60.(1) Words and expressions used in Annex I or II to MARPOL and 8
this Part have the same meanings in this Part they have in the Annex. 9
(2) Subsection (1) applies whether or not a particular word or expression 10
is defined in Annex I or II. 11
(3) Except as far as the context or subject matter otherwise indicates or 12
requires, if a word or expression is defined in Annex I or II to MARPOL 13
and this Part-- 14
(a) this Part's definition does not limit or exclude, but may extend, 15
the meaning of the word or expression given under Annex I or II; 16
and 17
(b) the definitions are to be read in the context of each other and the 18
other provisions of this Act, but, if the definitions so read are 19
inconsistent, the Annex I or II definition is displaced. 20
Division 3--Discharge during transfer operation prohibited 21
of pollutant into coastal waters prohibited 22
Discharge
61.(1) If a pollutant is discharged into coastal waters during a transfer 23
operation, the ship's owner and master each commit an offence. 24
Maximum penalty--3 500 penalty units. 25
(2) Subsection (1) applies despite sections 23 and 24 of the Criminal 26
Code.27 27
27 See footnote 7 for information about sections 23 and 24 of the Code.
s 62 36 s 63
Transport Operations (Marine Pollution)
4--Defences 1
Division
to discharge offence 2
Defences
62. Each of the following is a defence to a prosecution for a discharge 3
offence-- 4
(a) the discharge happened because of operator error by someone not 5
under the master's direction and the master took all reasonable 6
precautions after the discharge happened or was discovered to 7
prevent or minimise the discharge; 8
(b) the discharge happened because of a fault in transfer apparatus not 9
operated at the master's direction and the master took all 10
reasonable precautions after the discharge happened or was 11
discovered to prevent or minimise the discharge; 12
(c) the discharge happened because of a fault in transfer apparatus 13
brought onto the ship and operated at the master's direction if-- 14
(i) the master took all reasonable steps to ensure that the 15
apparatus was in good working order immediately before the 16
transfer operation started; and 17
(ii) the master took all reasonable precautions after the discharge 18
happened or was discovered to prevent or minimise the 19
discharge; 20
(d) a defence available under another Part of this Act for a discharge 21
of the relevant pollutant. 22
5--Night operation restriction 23
Division
on transfer operations at night 24
Restrictions
63.(1) A transfer operation must not be conducted between sunset and 25
sunrise, unless an authorised officer-- 26
(a) has been given notice of the operation; and 27
(b) has given written approval for it. 28
(2) However, an authorised officer may give a general approval for 29
s 64 37 s 65
Transport Operations (Marine Pollution)
transfer operations to be carried out at a place where transfers are frequently 1
and regularly carried out. 2
(3) The approval may-- 3
(a) be given for a period stated in the notice; and 4
(b) be subject to the conditions the authorised officer decides. 5
(4) If a transfer operation is done in contravention of this section, or if a 6
condition attached to an approval given under this section is not complied 7
with, the ship's owner and master each commit an offence. 8
Maximum penalty--850 penalty units. 9
Division 6--General 10
liability--ships 11
Several
64.(1) This section applies to a transfer operation involving oil or noxious 12
liquid substances in bulk. 13
(2) If-- 14
(a) a discharge happens from 2 or more ships; and 15
(b) it is not reasonably practicable to identify the oil or noxious liquid 16
substance that has discharged from a particular ship; 17
all of the oil or noxious liquid substance discharged is taken, for this Part 18
and sections 113, 115, 122 and 127,28 to have been discharged from each of 19
the ships. 20
of records about transfer etc. 21
Keeping
65.(1) This section applies to-- 22
(a) a ship's owner; and 23
(b) a ship's master; and 24
(c) the occupier of a place to or from which a pollutant is transferred. 25
28 Sections 113, 115, 122 and 127 are concerned with the giving of security, the
recovery of costs and awards of compensation for discharges.
s 66 38 s 66
Transport Operations (Marine Pollution)
(2) A person to whom this section applies must keep the records the 1
person is required to keep by regulation. 2
Maximum penalty--350 penalty units. 3
(3) If a happening required under the regulations to be recorded by a 4
person happens, the person must record, without delay, the happening in the 5
way prescribed under the regulations. 6
Maximum penalty--350 penalty units. 7
ART 10--RECEPTION FACILITIES 8
P
facilities 9
Reception
66.(1) The chief executive may provide, join with someone else in 10
providing, arrange for the provision of, or direct the providing of reception 11
facilities-- 12
(a) under Regulation 12 of Annex I, Regulation 7 of Annex II and 13
Regulation 7 of Annex V to MARPOL; or 14
(b) under Part 7.29 15
(2) The chief executive may give a notice under subsection (3) to-- 16
(a) the owner or occupier of a port or terminal; or 17
(b) the owner or occupier of an establishment at which ships-- 18
(i) are repaired or other work is performed on ships if the repair 19
or work involves the disposal of oily mixtures, mixtures 20
containing noxious liquid substances, oil residues, residues 21
of noxious liquid substances or sewage; or 22
(ii) are berthed, docked or otherwise at the establishment. 23
(3) A notice may direct an owner or occupier of a port, terminal or 24
establishment to-- 25
(a) provide facilities for the reception or disposal of residues by ships 26
29 Part 7 is about the prevention of pollution by sewage.
s 66 39 s 66
Transport Operations (Marine Pollution)
berthed, docked or otherwise at the port, terminal or 1
establishment; and 2
(b) maintain the facilities in good order and condition; and 3
(c) make the facilities available to enable ships to dispose of the 4
residues. 5
(4) A notice-- 6
(a) may state a time within which a direction is to be complied with; 7
and 8
(b) must be signed by the chief executive. 9
(5) An owner or occupier must comply with a notice. 10
Maximum penalty-- 11
(a) for the first offence--1 750 penalty units; and 12
(b) if the contravention continues after conviction--1 750 penalty 13
units and an additional penalty of 20 penalty units for each day 14
after the last conviction that the contravention continues. 15
(6) An owner's or occupier's obligation to comply with a notice 16
continues until the direction given by the notice is complied with even 17
though, in a particular case, the notice specifies a time by which compliance 18
is required and the time has passed. 19
(7) A charge against an owner or occupier for a contravention of 20
subsection (5) continuing after conviction may state the date of the last 21
conviction and the day or period during which the contravention continued. 22
(8) Charges under subsection (7) for a particular continuing contravention 23
may be prosecuted from time to time. 24
(9) In this section-- 25
"residues" include oil, noxious liquid substances, sewage and garbage. 26
"terminal" includes an oil depot, oil installation or other place used for the 27
loading or unloading in bulk of oil or noxious liquid substances. 28
s 67 40 s 67
Transport Operations (Marine Pollution)
ART 11--REPORTING REQUIREMENTS 1
P
to report certain incidents 2
Duty
67.(1) In this section-- 3
"discharge offence" has the meaning it has in Parts 4 to 9. 4
"harmful substance" has the meaning it has in Part 6. 5
"noxious liquid substance" has the meaning it has in Part 5. 6
"oil" has the meaning it has in Part 4. 7
"reportable incident" means a discharge or probable discharge of oil, a 8
noxious liquid substance or the jettisoning of a harmful substance 9
carried in packaged form from a ship that happens in coastal waters, 10
but does not include a discharge exempted by regulation. 11
(2) A ship's master must notify, without delay, an authorised officer of a 12
reportable incident30 in the way prescribed by regulation. 13
Maximum penalty--850 penalty units. 14
(3) If the ship's master cannot comply with subsection (2), the ship's 15
owner or the owner's agent must notify, without delay, an authorised officer 16
of the reportable incident in the way prescribed by regulation, unless the 17
owner or owner's agent has a reasonable excuse. 18
Maximum penalty--850 penalty units. 19
(4) A person mentioned in subsection (2) or (3) who has notified an 20
authorised officer of the reportable incident must give a report to an 21
authorised officer about the incident if asked by an authorised officer. 22
Maximum penalty--850 penalty units. 23
(5) The report must be given to an authorised officer in the approved 24
form and within the time prescribed by regulation. 25
(6) A notice given to an authorised officer under subsection (2) or (3), 26
and a report given to an authorised officer under subsection (4), must not, 27
without the consent of the person charged, be admitted in evidence in a 28
prosecution for a discharge offence. 29
30 See Protocol I of MARPOL.
s 68 41 s 70
Transport Operations (Marine Pollution)
ART 12--INVESTIGATION, PREVENTION AND 1
P
MINIMISATION, AND ENFORCEMENT 2
Division 1--General 3
of authorised officers 4
Functions
68. Authorised officers have the following functions-- 5
(a) to investigate discharges prohibited by this Act; 6
(b) to monitor compliance with this Act; 7
(c) to monitor transfer operations; 8
(d) to examine ships using coastal waters to minimise discharges; 9
(e) to take action to remove a pollutant discharged into coastal waters 10
or mitigate its effect on Queensland's marine and coastal 11
environment. 12
officers subject to directions from chief executive 13
Authorised
69. An authorised officer is subject to the directions of-- 14
(a) the chief executive in exercising powers of an authorised officer; 15
and 16
(b) if the authorised officer is appointed by the chief executive officer 17
of a port authority--the chief executive officer. 18
of authorised officers 19
Powers
70.(1) An authorised officer has the powers given under this or another 20
Act. 21
(2) A person appointed as an authorised officer by the chief executive 22
may exercise powers for the administration and enforcement of a matter 23
inside and outside the limits of any port. 24
(3) A person appointed as an authorised officer by the chief executive 25
officer of a port authority may exercise powers only for the administration 26
s 71 42 s 72
Transport Operations (Marine Pollution)
and enforcement of a matter devolved under section 12931 within the port 1
limits. 2
on powers of authorised officer 3
Limitation
71.(1) The powers of an authorised officer may be limited-- 4
(a) under the regulations; or 5
(b) under a condition of appointment; or 6
(c) by notice of-- 7
(i) the chief executive given to the authorised officer; and 8
(ii) if the authorised officer is appointed by the chief executive 9
officer of the port authority--the chief executive officer 10
given to the authorised officer. 11
(2) Notice under subsection (1)(c) may be given orally, but must be 12
confirmed in writing as soon as practicable. 13
Division 2--Appointment of authorised officers and other matters 14
of authorised officers 15
Appointment
72.(1) The chief executive may appoint any of the following persons as 16
authorised officers-- 17
(a) officers of the public service; 18
(b) employees of a port authority; 19
(c) other persons prescribed under the regulations. 20
(2) If, within its port limits, the administration and enforcement of a 21
matter is devolved to a port authority under section 129, the chief executive 22
officer of the port authority may appoint any of the following persons as 23
authorised officers-- 24
31 Section 129 is about how the administration and enforcement of this Act within a
port authority may be devolved to the port authority board by the Governor in
Council.
s 73 43 s 74
Transport Operations (Marine Pollution)
(a) employees of the port authority; 1
(b) other persons prescribed under the regulations. 2
(3) A person may be appointed to be an authorised officer only if, in the 3
administering executive's opinion, the person has the necessary expertise or 4
experience to be an authorised officer. 5
officer's appointment conditions 6
Authorised
73.(1) An authorised officer holds office on the conditions stated in the 7
instrument of appointment. 8
(2) An authorised officer-- 9
(a) if the appointment provides for a term of appointment--ceases 10
holding office at the end of the term; and 11
(b) may resign by signed notice of resignation given to the 12
administering executive; and 13
(c) if the conditions of appointment provide--ceases holding office 14
as an authorised officer on ceasing to hold another office stated in 15
the appointment conditions (the "main office"). 16
(3) However, an authorised officer may not resign from the office of 17
authorised officer (the "secondary office") under subsection (2)(b) if a 18
term of the authorised officer's employment to the main office requires the 19
authorised person to hold the secondary office. 20
officer's identity card 21
Authorised
74.(1) The administering executive must give each authorised officer an 22
identity card. 23
(2) The identity card must-- 24
(a) contain a recent photograph of the authorised officer; and 25
(b) be signed by the authorised officer; and 26
(c) include an expiry date. 27
(3) If the authorised officer is appointed by the chief executive, the 28
identity card must state the officer is an authorised officer for the State. 29
s 75 44 s 76
Transport Operations (Marine Pollution)
(4) If the authorised officer is appointed by the chief executive officer of a 1
port authority, the identity card must state the officer is an authorised officer 2
for the (name of port) port authority. 3
(5) A person who ceases to be an authorised officer must return the 4
identity card to the administering executive within 21 days after the person 5
ceases to be an authorised officer, unless the person has a reasonable 6
excuse. 7
Maximum penalty--40 penalty units. 8
(6) This section does not prevent the giving of a single identity card to a 9
person under this section and for other provisions, Acts or purposes. 10
or display of authorised officer's identity card 11
Production
75.(1) An authorised officer may exercise a power in relation to someone 12
else if the officer-- 13
(a) first produces the officer's identity card for the person's 14
inspection; or 15
(b) has the identity card displayed so it is clearly visible to the person. 16
(2) If, for any reason, it is not practicable to comply with subsection (1), 17
the authorised officer must produce the identity card for inspection by the 18
person at the first reasonable opportunity. 19
from liability 20
Protection
76.(1) An authorised officer or a person acting under the direction of an 21
authorised officer is not civilly liable for an act or omission done honestly 22
and without negligence under this Act. 23
(2) If subsection (1) prevents a civil liability attaching to an authorised 24
officer or person, the liability attaches instead to-- 25
(a) if the person is an authorised officer appointed by the chief 26
executive officer of a port authority--the port authority; or 27
(b) if the person is acting under the direction of an authorised officer 28
appointed by the chief executive officer of a port authority--the 29
s 77 45 s 78
Transport Operations (Marine Pollution)
port authority; or 1
(c) if paragraphs (a) and (b) do not apply--the State. 2
Division 3--Powers of authorised officers 3
to place by authorised officers 4
Entry
77.(1) An authorised officer may enter a place under this section if-- 5
(a) its occupier consents to the entry; or 6
(b) the entry is authorised by a warrant. 7
(2) An authorised officer, without the occupier's consent or a warrant, 8
may-- 9
(a) enter a public place when the place is open to the public; or 10
(b) enter the land (including the curtilage) around premises to ask the 11
occupier of the premises for consent to enter the premises. 12
(3) The power of entry given to an authorised officer under this section is 13
in addition to the powers of entry given to an authorised officer under other 14
provisions of this Part. 15
(4) Unless entry is authorised by warrant, an authorised officer may only 16
exercise the powers mentioned in section 8132 for a place if its occupier 17
consents to the use of the powers when consent for entry is given. 18
for entry 19
Warrants
78.(1) An authorised officer may apply to a Magistrate for a warrant for a 20
place. 21
(2) The application must be sworn and state the grounds on which the 22
warrant is sought. 23
(3) The Magistrate may refuse to consider the application until the 24
authorised officer gives the Magistrate all the information the Magistrate 25
requires about the application in the way the Magistrate requires. 26
32 Section 81 is about an authorised officer's general powers for ships and places.
s 79 46 s 79
Transport Operations (Marine Pollution)
1
Example--
2
The Magistrate may require additional information supporting the application be
3
given by statutory declaration.
(4) The Magistrate may issue the warrant only if the Magistrate is 4
satisfied there are reasonable grounds for suspecting-- 5
(a) there is a particular thing or activity (the "evidence") that may 6
provide evidence of an offence against this Act; and 7
(b) the evidence is, or may be within the next 7 days, at the place. 8
(5) A warrant must state-- 9
(a) that the authorised officer may, with necessary and reasonable 10
help and force, enter the place and exercise the authorised officer's 11
powers under this Act; and 12
(b) the evidence for which the warrant is issued; and 13
(c) the hours when entry may be made; and 14
(d) the day, within 14 days after the warrant's issue, the warrant ends. 15
(6) The Magistrate must record the reasons for issuing the warrant. 16
made otherwise than in person 17
Warrants--applications
79.(1) An authorised officer may apply for a warrant by phone, fax, radio 18
or another form of communication if the officer considers it necessary 19
because of urgent circumstances or other special circumstances, including, 20
for example, the officer's remote location. 21
(2) Before applying for the warrant, the authorised officer must prepare 22
an application stating the grounds on which the warrant is sought. 23
(3) The authorised officer may apply for the warrant before the 24
application is sworn. 25
(4) After issuing the warrant, the Magistrate must immediately fax a 26
copy to the authorised officer if it is reasonably practicable to fax the copy. 27
(5) If it is not reasonably practicable to fax a copy of the warrant to the 28
authorised officer-- 29
(a) the Magistrate must-- 30
s 80 47 s 80
Transport Operations (Marine Pollution)
(i) record on the warrant the reasons for issuing the warrant; 1
and 2
(ii) tell the authorised officer the date and time the warrant was 3
signed; and 4
(iii) tell the authorised officer the warrant's terms; and 5
(b) the authorised officer must write on a form of warrant (the 6
"warrant form")-- 7
(i) the Magistrate's name; and 8
(ii) the date and time the Magistrate signed the warrant; and 9
(iii) the warrant's terms. 10
(6) The facsimile warrant, or the warrant form properly completed by the 11
authorised officer, authorises the entry and the exercise of the other powers 12
mentioned in the warrant issued by the Magistrate. 13
(7) The authorised officer must, at the first reasonable opportunity, send 14
to the Magistrate-- 15
(a) the sworn application; and 16
(b) if a warrant form was completed by the authorised officer--the 17
completed warrant form. 18
(8) On receiving the documents, the Magistrate must attach them to the 19
warrant. 20
(9) Unless the contrary is proven, a court must presume a power 21
exercised by an authorised officer was not authorised by a warrant issued 22
under this section if-- 23
(a) a question arises, in a proceeding before the court, whether the 24
exercise of power was authorised by a warrant; and 25
(b) the warrant is not produced in evidence. 26
of ships 27
Boarding
80.(1) An authorised officer may board a ship at any time to find out 28
whether this Act is being or has been complied with. 29
(2) An authorised officer may also board a ship at any time if the officer 30
s 81 48 s 81
Transport Operations (Marine Pollution)
has reasonable grounds for suspecting that-- 1
(a) the ship is being, or has been, used in the commission of an 2
offence against this Act; or 3
(b) the ship, or a document or other thing in or on the ship, may 4
provide evidence of the commission of an offence against this 5
Act. 6
(3) However, an authorised officer must not board a ship if to do so 7
would put the ship, or someone on the ship, at risk from damage or injury. 8
(4) If the ship is moving or about to move, the authorised officer may 9
signal the person in command of the ship or, if no person is in command of 10
the ship, the person in control of the ship to stop the ship or not to move it. 11
(5) To enable the ship to be boarded, the authorised officer may-- 12
(a) act with any necessary and reasonable help and force; and 13
(b) require the person in control of the ship to give reasonable help to 14
the officer. 15
(6) A person must obey a signal under subsection (4), unless the person 16
has a reasonable excuse. 17
Maximum penalty--350 penalty units. 18
(7) A person must comply with a requirement under subsection (5)(b), 19
unless the person has a reasonable excuse. 20
Maximum penalty--350 penalty units. 21
(8) It is a reasonable excuse for a person to disobey a signal under 22
subsection (4) if-- 23
(a) the person reasonably believes that to obey the signal immediately 24
would put the ship, or someone on the ship, at risk from damage 25
or injury; and 26
(b) the person obeys the signal as soon as it is practicable to obey the 27
signal. 28
officer's general powers for ships and places 29
Authorised
81.(1) An authorised officer who boards a ship or enters a place under 30
this Part may-- 31
s 81 49 s 81
Transport Operations (Marine Pollution)
(a) search any part of the ship or place; or 1
(b) inspect, examine, test, measure, photograph or film anything in or 2
on the ship or place or require a thing to be tested or measured; or 3
(c) take samples of any pollutant, substance or thing in or on the ship 4
or place; or 5
(d) record, measure, test or analyse the release of pollutants into 6
coastal waters from the ship; or 7
(e) copy a document in or on the ship or place; or 8
(f) take onto or into the ship or place any persons, equipment and 9
materials the authorised officer reasonably requires for exercising 10
a power under this Act; or 11
(g) install or maintain any equipment and materials in or on the ship 12
or place the authorised officer reasonably requires for a 13
monitoring program for the release of pollutants into coastal 14
waters from the ship; or 15
(h) require the ship's master, or any person in or on the ship, or 16
occupier of the place to give the authorised officer reasonable help 17
for the exercise of the powers mentioned in paragraphs (a) to (g); 18
or 19
(i) for a ship--by written notice given to the person in control of the 20
ship, require the person-- 21
(i) to bring the ship to a stated place; and 22
(ii) to remain in control of the ship at the place for a reasonable 23
time; 24
to enable the officer to exercise the powers mentioned in 25
paragraphs (a) to (g). 26
(2) If, for any reason, it is not practicable to make a requirement under 27
subsection (1)(i) by written notice, the requirement may be made orally and 28
confirmed by written notice as soon as practicable. 29
(3) An authorised officer must not enter a part of a ship that is used only 30
as a living area, or exercise powers under subsection (1)(a) to (g) in relation 31
to the part, unless the authorised officer is accompanied by the master or 32
other person in control of the ship. 33
s 82 50 s 82
Transport Operations (Marine Pollution)
(4) Subsection (3) does not apply if the master or other person is 1
unavailable or unwilling to accompany the authorised officer or the 2
authorised officer is unable for another reason to comply with the 3
subsection. 4
to seize evidence from places 5
Power
82.(1) An authorised officer who enters a place under this Part with a 6
warrant may seize the evidence for which the warrant was issued. 7
(2) An authorised officer who enters a place under this Part with the 8
occupier's consent may seize a thing if-- 9
(a) the authorised officer believes on reasonable grounds the thing is 10
evidence of an offence against this Act; and 11
(b) seizure of the thing is consistent with the purpose of entry as told 12
to the occupier in seeking the occupier's consent. 13
(3) An authorised officer may also seize another thing if the officer 14
believes on reasonable grounds-- 15
(a) the thing is evidence of an offence against this Act; and 16
(b) the seizure is necessary to prevent the thing being-- 17
(i) concealed, lost or destroyed; or 18
(ii) used to commit, continue or repeat the offence. 19
(4) Having seized a thing, an authorised officer may-- 20
(a) remove the thing from the place where the thing was seized (the 21
"place of seizure") to another place; or 22
(b) leave the thing at the place of seizure but restrict access to the 23
thing. 24
25
Example of subsection (4)(b)--
26
An authorised officer may--
27
(a) seal a thing and mark it to show it has been seized; or
28
(b) seal the entrance to a room where the seized thing is situated and mark it
29
to show it contains a thing that has been seized.
(5) If an authorised officer restricts access to a seized thing, a person 30
must not tamper with the thing without the approval of the administering 31
s 83 51 s 84
Transport Operations (Marine Pollution)
executive. 1
Maximum penalty--350 penalty units. 2
to seize after boarding ship 3
Power
83.(1) An authorised officer who boards a ship under this Part may seize 4
a thing in or on the ship if the officer believes, on reasonable grounds-- 5
(a) the thing is evidence of an offence against this Act; and 6
(b) the seizure is necessary to prevent the thing being-- 7
(i) concealed, lost or destroyed; or 8
(ii) used to commit, continue or repeat the offence. 9
(2) Having seized a thing, an authorised officer may-- 10
(a) remove the thing from the place where the thing was seized (the 11
"place of seizure") to another place; or 12
(b) leave the thing at the place of seizure but restrict access to the 13
thing. 14
15
Example of subsection (2)(b)--
16
An authorised officer may--
17
(a) seal a thing and mark it to show it has been seized; or
18
(b) seal the entrance to a room where the seized thing is situated and mark it
19
to show it contains a thing that has been seized.
(3) If an authorised officer restricts access to a seized thing, a person 20
must not tamper with the thing without the approval of the administering 21
executive. 22
Maximum penalty--350 penalty units. 23
to detain ship 24
Power
84.(1) An authorised officer for the State may detain a ship if the officer 25
has clear grounds for believing33 a discharge offence has happened because 26
33 See Article 220(2) of the United Nations Convention on the Law of the Sea
1982.
s 85 52 s 86
Transport Operations (Marine Pollution)
of acts or omissions in relation to the ship in coastal waters. 1
(2) The authorised officer may, after detaining a ship, order the ship's 2
master to move the ship to a reasonable stated place. 3
(3) The ship's master must comply with the order, unless the master has 4
a reasonable excuse. 5
Maximum penalty--3 500 penalty units. 6
(4) The authorised officer may, acting with any necessary and reasonable 7
help and force, escort the ship to the place. 8
(5) If, before the ship is released from detention, the ship leaves the place, 9
the ship's owner and master each commit an offence, unless there was a 10
reasonable excuse for the ship leaving the place. 11
Maximum penalty--3 500 penalty units. 12
(6) In this section-- 13
"discharge offence" means a discharge offence within the meaning of 14
Part 4, 5, 6, 7, 8 or 9. 15
after detention of ship 16
Procedure
85. As soon as practicable after a ship is detained by an authorised officer 17
under section 84, the officer must give to the ship's master an approved 18
notice stating that the ship-- 19
(a) is detained; and 20
(b) may be released on giving security worked out under 21
section 113.34 22
after seizure of evidence 23
Procedure
86.(1) This section does not apply to a ship detained under section 84. 24
(2) As soon as practicable after a thing is seized by an authorised officer 25
under this Part, the officer must give a receipt for it to the person from 26
whom it was seized. 27
34 Section 113 is about how a detained ship may be released on giving security.
s 87 53 s 87
Transport Operations (Marine Pollution)
(3) The receipt must describe generally each thing seized and its 1
condition. 2
(4) If, for any reason, it is not practicable to comply with subsection (2), 3
the officer must leave the receipt at the place of seizure in a reasonably 4
secure way and in a conspicuous position. 5
(5) Subsection (2) does not apply if-- 6
(a) the thing is unattended when seized; and 7
(b) the thing's owner is unknown; and 8
(c) the owner cannot be found after reasonable inquiries (given the 9
thing's value) have been made. 10
(6) Until a seized thing is returned or otherwise finally dealt with, an 11
authorised officer must allow a person who would be entitled to a seized 12
thing if it were not in the officer's possession-- 13
(a) to inspect it; and 14
(b) if it is a document--to make copies of it. 15
(7) The officer must return a seized thing to the person at the end of-- 16
(a) 6 months; or 17
(b) if a prosecution for an offence involving it is started within 18
6 months--the prosecution for the offence and any appeal from 19
the prosecution. 20
(8) Despite subsection (7), the officer must return the seized thing to the 21
person immediately the officer stops being satisfied its retention as evidence 22
is necessary. 23
(9) However, the officer need not return the seized thing if the officer 24
believes, on reasonable grounds, it is necessary to retain it to prevent its use 25
in committing an offence. 26
4--Other enforcement powers of authorised officers 27
Division
to require name and address 28
Power
87.(1) An authorised officer may require a person to state the person's 29
s 88 54 s 88
Transport Operations (Marine Pollution)
name and address if the officer-- 1
(a) finds the person committing an offence against this Act; or 2
(b) finds the person in circumstances that lead, or has information 3
that leads, the officer to suspect on reasonable grounds the person 4
has just committed an offence against this Act. 5
(2) When making the requirement, the authorised officer must warn the 6
person it is an offence to fail to state the person's name and address unless 7
the person has a reasonable excuse. 8
(3) The authorised officer may require the person to give evidence of the 9
correctness of the person's name or address if the officer suspects, on 10
reasonable grounds, that the stated name or address is false. 11
(4) A person must comply with a requirement under subsection (1) or 12
(3), unless the person has a reasonable excuse. 13
Maximum penalty--200 penalty units. 14
(5) The person does not commit an offence against this section if-- 15
(a) the authorised officer required the person to state the person's 16
name and address on suspicion of the person having committed 17
an offence against this Act; and 18
(b) the person is not proved to have committed the offence. 19
to require information from certain persons 20
Power
88.(1) This section applies if an authorised officer suspects, on 21
reasonable grounds-- 22
(a) an offence against this Act has happened; and 23
(b) a person may be able to give information about the offence. 24
(2) The authorised officer may require the person to give information 25
about the suspected offence. 26
(3) When making the requirement, the authorised officer must warn the 27
person it is an offence to fail to give the information unless the person has a 28
reasonable excuse. 29
s 89 55 s 90
Transport Operations (Marine Pollution)
to require production of documents 1
Power
89.(1) An authorised officer may require a person to produce to the 2
officer for inspection a document required to be kept by the person-- 3
(a) under this Act; or 4
(b) under the Commonwealth Navigation Act or the Protection of the 5
Sea (Prevention of Pollution from Ships) Act 1983 (Cwlth). 6
(2) The person must produce the document for inspection, unless the 7
person has a reasonable excuse. 8
Maximum penalty--200 penalty units. 9
(3) The authorised officer may keep the document to make a copy of it. 10
(4) If the authorised officer makes a copy of the document, or an entry in 11
the document, the officer may require the person responsible for keeping the 12
document to certify the copy as a true copy of the document or entry. 13
(5) The person responsible for keeping the document must comply with 14
a requirement made under subsection (4), unless the person has a 15
reasonable excuse. 16
Maximum penalty--200 penalty units. 17
(6) The authorised officer must return the document to the person as 18
soon as practicable after making the copy. 19
5--Consent to entry of premises 20
Division
to entry 21
Consent
90.(1) This section applies if an authorised officer intends to seek the 22
consent of an occupier of a place to an authorised officer entering the place 23
under this Part. 24
(2) Before seeking the consent, the authorised officer must inform the 25
occupier-- 26
(a) of the purpose of the entry; and 27
(b) that anything found and seized may be used in evidence in court; 28
and 29
s 91 56 s 91
Transport Operations (Marine Pollution)
(c) that the occupier is not required to consent. 1
(3) If the consent is given, the authorised officer may ask the occupier to 2
sign an acknowledgment of the consent. 3
(4) The acknowledgment must-- 4
(a) state the occupier was informed-- 5
(i) of the purpose of the entry; and 6
(ii) that anything found and seized may be used in evidence in 7
court; and 8
(iii) that the occupier was not required to consent; and 9
(b) state the occupier gave the authorised officer consent under this 10
Part to enter the place and exercise the powers mentioned in 11
section 81;35 and 12
(c) state the time and date the consent was given. 13
(5) If the occupier signs an acknowledgment of consent, the authorised 14
officer must immediately give a copy to the occupier. 15
of consent 16
Evidence
91.(1) This section applies to a proceeding if-- 17
(a) a question arises whether an occupier of a place consented to the 18
entry of the place by an authorised officer under this Part; and 19
(b) an acknowledgment under section 90 is not produced in evidence. 20
(2) In a proceeding to which this section applies, the court may presume 21
the occupier did not consent, unless the contrary is proved. 22
35 Section 81 is about an authorised officer's general powers for ships and places.
s 92 57 s 94
Transport Operations (Marine Pollution)
6--Response action to discharge and authorised officer's 1
Division
emergency powers 2
of Division 3
Purpose
92. The purpose of this Division is to enable a port authority (within its 4
port limits) or the State (generally), through powers given to authorised 5
officers under this Act, to direct and coordinate the response to a discharge 6
or probable discharge of pollutant into coastal waters. 7
has prime responsibility for directing emergency response 8
State
93.(1) This section applies if there is a discharge or probable discharge of 9
pollutant into coastal waters (the "discharge"). 10
(2) The State has prime responsibility for directing and coordinating the 11
response to the discharge. 12
(3) However, if there is a discharge within the limits of a port and the 13
port authority has responsibility for the administration and enforcement of 14
this Act,36 the port authority has prime responsibility for directing and 15
coordinating the response. 16
(4) Subsection (3) does not apply if the State, by signed notice given by 17
the chief executive to the chief executive officer of the port authority, 18
assumes prime responsibility for directing and coordinating the response. 19
(5) The State or port authority may consult with other interested agencies 20
and entities and local governments in preparing a response to the discharge. 21
declaration may overrule local law 22
Emergency
94.(1) The Minister may, by emergency declaration, declare a local law 23
that is inconsistent with, or hinders, the State or port authority's response to 24
a serious discharge of pollutant into coastal waters is of no effect to the 25
extent, and for the period (not longer than 14 days), mentioned in the 26
Minister's declaration. 27
(2) However, the Minister may make the emergency declaration only if 28
36 See section 129 (Devolution of powers).
s 95 58 s 95
Transport Operations (Marine Pollution)
the Minister is satisfied that urgent action is needed to deal with the 1
discharge. 2
(3) The declaration must state it is an emergency declaration and outline 3
the nature of the emergency. 4
(4) The Minister is not required to engage in consultation about the 5
declaration. 6
(5) The Minister must notify the declaration in the Gazette and may 7
publish it in other ways the Minister considers appropriate having regard to 8
the emergency. 9
(6) The Minister must repeal the declaration as soon as possible after the 10
Minister is satisfied the emergency no longer exists. 11
(7) Unless it is earlier repealed, the declaration expires 14 days after it is 12
gazetted. 13
(8) An emergency declaration is subordinate legislation. 14
officer's powers in an emergency 15
Authorised
95.(1) This section applies if an authorised officer is satisfied on 16
reasonable grounds that-- 17
(a) a discharge of pollutant into coastal waters has happened, or is 18
likely to happen; and 19
(b) urgent action is necessary to prevent or minimise the discharge 20
and its effect on Queensland's marine and coastal environment. 21
(2) An authorised officer may-- 22
(a) direct any person to take stated reasonable action within a stated 23
reasonable time; or 24
(b) take the action, or authorise someone else to take the action. 25
(3) Without limiting subsection (2), reasonable action includes action-- 26
(a) to remove, destroy or disperse a discharged pollutant; and 27
(b) to prevent the pollutant from reaching a stated place on water or 28
land; and 29
(c) to mitigate damage or injury caused to a stated place or thing on 30
s 95 59 s 95
Transport Operations (Marine Pollution)
water or land by the pollutant; and 1
(d) to require any person-- 2
(i) to do something that assists with action mentioned in 3
paragraph (a), (b) or (c); or 4
(ii) to stop doing something that may interfere with action 5
mentioned in paragraph (a), (b) or (c). 6
(4) The direction may be given orally or by written notice. 7
(5) If the direction is given orally, the authorised officer must, as soon as 8
practicable, confirm the direction by written notice given to the person. 9
(6) A person to whom a direction is given under subsection (2)(a) must 10
comply with the direction, unless the person has a reasonable excuse. 11
Maximum penalty--350 penalty units. 12
(7) If the authorised officer decides to take the action, the officer may-- 13
(a) board any ship or, without a warrant, enter any place and take the 14
action; and 15
(b) in taking the action, exercise any of the powers (other than 16
investigatory powers) under this Part. 17
(8) The authorised officer may exercise the powers mentioned in 18
subsection (7) ("emergency powers") with any necessary and reasonable 19
help and force. 20
(9) If a person or thing is obstructing or preventing an authorised officer 21
from boarding a ship or entering a place or taking action on or at any ship or 22
place while the authorised officer is exercising or attempting to exercise 23
emergency powers, a police officer may, if asked by the authorised officer, 24
using any necessary and reasonable force-- 25
(a) remove the person or thing from the place; and 26
(b) take all reasonable measures to ensure the person or thing does 27
not again obstruct or prevent the action being taken. 28
(10) In exercising or attempting to exercise emergency powers, an 29
authorised officer must take all reasonable steps to ensure the officer causes 30
as little inconvenience, and does as little damage, as is practicable in the 31
circumstances. 32
s 96 60 s 96
Transport Operations (Marine Pollution)
(11) This section does not limit any power an authorised officer has apart 1
from this section. 2
(12) If an authorised officer authorises a person to take action under 3
subsection (2)(b)-- 4
(a) the person may exercise the powers mentioned in 5
subsection (7)(a); and 6
(b) the officer must inform the person-- 7
(i) of the action the person is authorised to take; and 8
(ii) of the person's powers under this section; and 9
(iii) in general terms, of section 109;37 and 10
(c) subsections (8), (9) and (10) (so far as they relate to the power 11
mentioned in subsection (7)(a)) apply to the person as if the 12
person were the authorised officer. 13
officer may direct emergency release of pollutant 14
Authorised
96.(1) An authorised officer may give a written direction to a person to 15
release a pollutant into coastal waters if the officer is satisfied-- 16
(a) it is necessary and reasonable to release the pollutant because of 17
an emergency; and 18
(b) there is no other practicable alternative to the release. 19
(2) The authorised officer may impose reasonable conditions on the 20
direction. 21
(3) A person to whom a direction is given must-- 22
(a) comply with the direction, unless the person has a reasonable 23
excuse; and 24
(b) take all reasonable and practicable precautions to prevent or 25
minimise-- 26
(i) harm being caused to Queensland's marine and coastal 27
environment; and 28
37 Section 109 imposes on an authorised officer a requirement to give notice of any
damage done in the exercise of a power.
s 97 61 s 98
Transport Operations (Marine Pollution)
(ii) loss or damage to property. 1
Maximum penalty--200 penalty units. 2
(4) A person to whom a direction is given does not contravene this Act 3
merely because the person complies with the direction. 4
7--Power of intervention 5
Division
for Division 6
Definitions
97. In this Division-- 7
"Australian Maritime Safety Authority" has the meaning given by the 8
Australian Maritime Safety Authority Act 1990 (Cwlth). 9
"cargo" includes ballast and ship's stores and fuel. 10
"Intervention Convention" means the International Convention Relating 11
to Intervention on the High Seas in Cases of Oil Pollution Casualties. 12
"maritime casualty" means a collision of ships, stranding or other incident 13
of navigation, or other happening on board a ship or external to it 14
resulting in material damage or imminent threat of material damage to 15
a ship or cargo. 16
of intervention 17
Power
98.(1) This section applies if the chief executive is satisfied, following a 18
maritime casualty or acts related to a maritime casualty, that there is grave 19
and imminent danger to the Queensland coastline, or to related Queensland 20
interests, from the discharge or threat of discharge of pollutant into coastal 21
waters that may reasonably be expected to result in major harmful 22
consequences. 23
(2) Without limiting subsection (1), the chief executive may take 24
measures the chief executive considers necessary to prevent, minimise or 25
eliminate the danger, including, for example-- 26
(a) taking action, whether or not directions have been issued under 27
paragraph (b) in relation to the ship-- 28
(i) to move the ship or part of the ship to another place; or 29
s 98 62 s 98
Transport Operations (Marine Pollution)
(ii) to remove cargo from the ship; or 1
(iii) to salvage the ship, part of the ship or any of the ship's 2
cargo; or 3
(iv) to sink or destroy the ship or part of the ship; or 4
(v) to take over control of the ship or part of the ship; and 5
(b) issuing directions of the kind authorised by section 99 to-- 6
(i) the ship's owner; or 7
(ii) the ship's master; or 8
(iii) any salvor in possession of the ship. 9
(3) The chief executive must not exercise the chief executive's powers 10
under subsection (2)(a)(iv) without the Minister's written approval. 11
(4) This section does not authorise the taking of measures against a 12
warship or other ship owned or operated by a foreign country and used, for 13
the time being, only on government non-commercial service. 14
(5) The Minister and the chief executive must, in and in relation to the 15
exercise of a power under this section-- 16
(a) act in accordance with section 100;38 and 17
(b) have regard to-- 18
(i) the extent and probability of imminent damage if the power 19
is not exercised; and 20
(ii) the likelihood of the exercise of the power being effective; 21
and 22
(iii) the extent of the damage likely to be caused by the exercise 23
of the power. 24
(6) This section does not limit any other right or power the State has apart 25
from this section. 26
38 Section 100 sets out the things that must be done before the power is exercised.
s 99 63 s 100
Transport Operations (Marine Pollution)
under s 99 may require taking of action 1
Directions
99.(1) A direction under section 98 issued in relation to a ship may 2
require the doing, or prohibit the doing, of anything in relation to the ship, 3
including, for example-- 4
(a) the movement of the ship or part of the ship; and 5
(b) the removal of cargo from the ship; and 6
(c) the taking of salvage measures in relation to the ship, part of the 7
ship or any of the ship's cargo; and 8
(d) the sinking or destruction of the ship or part of the ship; and 9
(e) the sinking, destruction or discharging into the sea of any of the 10
ship's cargo; and 11
(f) the handing over of control of the ship or part of the ship. 12
(2) The chief executive must not issue a direction under subsection (1)(d) 13
without the Minister's written approval. 14
(3) Without limiting subsection (1), a direction may-- 15
(a) require that anything be done in accordance with the direction, 16
with the approval, or in accordance with the instructions, of a 17
stated person; or 18
(b) prohibit the doing of anything other than in accordance with the 19
direction, with the approval, or in accordance with the 20
instructions, of a stated person. 21
to be done before power to intervene is exercised 22
Things
100.(1) Before exercising the power of intervention under section 98, the 23
chief executive must-- 24
(a) to the greatest extent practicable, ensure the exercise of the power 25
will not involve a threat to human life; and 26
(b) have regard to Australia's obligations under the Intervention 27
Convention; and 28
(c) consult with the Australian Maritime Safety Authority; and 29
(d) consult with the relevant ship's owner. 30
s 101 64 s 101
Transport Operations (Marine Pollution)
(2) Subsection (1)(b), (c) and (d) does not apply if, in the chief 1
executive's opinion, power to intervene must be exercised urgently. 2
3
Division 8--Offences 4
to help authorised officer--emergency 5
Failure
101.(1) This section applies if-- 6
(a) an authorised officer is taking action under section 95;39 and 7
(b) the officer requires a person to give reasonable help to the officer 8
under section 81(1)(h)40 for the exercise of a power. 9
(2) The person must comply with the requirement, unless the person has 10
a reasonable excuse for not complying with it. 11
Maximum penalty--350 penalty units. 12
(3) If the help required is the answering of a question or producing of a 13
document (other than a document required to be held, kept or produced by 14
the person under this Act), it is not a reasonable excuse for the person to fail 15
to answer the question, or produce the document, on the ground that 16
complying with the requirement might tend to incriminate the person. 17
(4) When making a requirement mentioned in subsection (3), the 18
authorised officer must inform the person of the following-- 19
(a) the person is obliged to answer the question or produce the 20
document despite the rule of law about privilege against 21
self-incrimination; 22
(b) the person may answer the question or produce the document 23
subject to the objection that complying with the requirement 24
might tend to incriminate the person; 25
(c) if the person makes the objection--the answer or producing of the 26
document may not be admitted in evidence against the person in a 27
prosecution for an offence against this Act, other than an offence 28
39 Section 95 is about an authorised officer's powers in an emergency.
40 Section 81 is about an authorised officer's powers for ships and places.
s 102 65 s 103
Transport Operations (Marine Pollution)
(constituted by the giving of the answer or producing of the 1
document) against section 105 or 106.41 2
(5) If, before giving the answer or producing the document, the person 3
makes the objection, the answer or producing of the document is not 4
admissible in evidence against the person in a prosecution for an offence 5
against this Act, other than an offence (constituted by the giving of the 6
answer or producing of the document) against section 105 or 106. 7
to help authorised officer--other cases 8
Failure
102.(1) This section applies if-- 9
(a) an authorised officer requires a person under section 81(1)(h) to 10
give reasonable help to the officer in relation to the exercise of a 11
power; and 12
(b) section 103 does not apply.42 13
(2) The person must comply with the requirement, unless the person has 14
a reasonable excuse. 15
Maximum penalty--200 penalty units. 16
(3) If the help required is the answering of a question or producing of a 17
document (other than a document required to be held, kept or produced by 18
the person under this Act), it is a reasonable excuse for the person to fail to 19
answer the question, or produce the document, if complying with the 20
requirement might tend to incriminate the person. 21
to obey direction 22
Failure
103.(1) This section applies if-- 23
(a) an authorised officer requires a person to do something under 24
section 81(1)(i); and 25
(b) section 101 does not apply. 26
41 Section 105 is about false and misleading documents and section 106 is about
false and misleading information.
42 Section 101 deals with emergency situations.
s 104 66 s 105
Transport Operations (Marine Pollution)
(2) The person must comply with the requirement, unless the person has 1
a reasonable excuse. 2
Maximum penalty--200 penalty units. 3
to answer questions 4
Failure
104.(1) This section applies if-- 5
(a) the officer requires a person to answer a question under 6
section 88(2);43 and 7
(b) section 101 does not apply. 8
(2) The person must comply with the requirement, unless the person has 9
a reasonable excuse. 10
Maximum penalty--200 penalty units. 11
(3) It is a reasonable excuse for the person to fail to answer the question 12
if complying with the requirement might tend to incriminate the person. 13
(4) The person does not commit an offence against this section if the 14
information sought by the authorised officer-- 15
(a) is not in fact relevant to an offence that happened; or 16
(b) is about a suspected offence that did not happen. 17
misleading or incomplete documents 18
False,
105.(1) A person must not give to an authorised officer a document 19
containing information the person knows is false, misleading or incomplete 20
in a material particular. 21
Maximum penalty--350 penalty units. 22
(2) However, a person may give the document if, when giving the 23
document, the person-- 24
(a) informs the authorised officer, to the best of the person's ability, 25
43 Under section 88(2), an authorised officer may require a person the authorised
officer suspects of having information about an offence to give information about
the offence.
s 106 67 s 107
Transport Operations (Marine Pollution)
how the document is false, misleading or incomplete; and 1
(b) gives the correct information to the officer if the person has, or 2
can reasonably obtain, the correct information. 3
(3) It is enough for a complaint against a person for an offence against 4
subsection (1) to state that the statement made was false, misleading or 5
incomplete to the person's knowledge. 6
or misleading information 7
False
106.(1) A person must not-- 8
(a) state anything to an authorised officer the person knows is false or 9
misleading in a material particular; or 10
(b) omit from a statement made to an authorised officer anything 11
without which the statement is, to the person's knowledge, 12
misleading in a material particular. 13
Maximum penalty--350 penalty units. 14
(2) It is enough for a complaint against a person for an offence against 15
subsection (1)(a) or (b) to state that the statement made was false or 16
misleading to the person's knowledge. 17
of authorised persons 18
Obstruction
107.(1) In this section-- 19
"authorised person" means-- 20
(a) an authorised officer; or 21
(b) a person who is authorised by an authorised officer under 22
section 95(2)(b) to take action.44 23
(2) A person must not obstruct an authorised person in the exercise of a 24
power under this Act, unless the person has a reasonable excuse. 25
Maximum penalty--350 penalty units. 26
44 Section 95 deals with an authorised officer's powers in an emergency.
s 108 68 s 109
Transport Operations (Marine Pollution)
of authorised officer 1
Impersonation
108. A person must not pretend to be an authorised officer. 2
Maximum penalty--200 penalty units. 3
Division 9--General 4
officer to give notice of damage 5
Authorised
109.(1) This section applies if-- 6
(a) an authorised officer damages anything in the exercise of a power 7
under this Act; or 8
(b) a person who is authorised by an authorised officer to take action 9
under this Act45 damages anything in taking the action. 10
(2) The authorised officer must promptly give written notice of the 11
particulars of the damage. 12
(3) The notice must be given-- 13
(a) if the thing is a ship or is on a ship--to the ship's master; or 14
(b) otherwise--to the person who appears to the authorised officer to 15
be the thing's owner. 16
(4) If the authorised officer believes the damage was caused by a latent 17
defect in the thing or other circumstances beyond the officer's control, the 18
officer may state this in the notice. 19
(5) If, for any reason, it is not practicable to comply with subsection (3), 20
the authorised officer must-- 21
(a) leave the notice at the place where the damage happened; and 22
(b) ensure the notice is left in a reasonably secured way in a 23
conspicuous position. 24
(6) This section does not apply to damage the authorised officer believes, 25
on reasonable grounds, is trivial. 26
45 See section 95(2)(b) (Authorised officer's powers in an emergency).
s 110 69 s 111
Transport Operations (Marine Pollution)
1
Compensation
110. (1) A person may claim compensation if the person incurs loss or 2
expense because of the exercise or purported exercise of a power under this 3
Part, including, for example, in complying with a requirement made of the 4
person under this Part. 5
(2) The compensation must be claimed from-- 6
(a) if the power or requirement that gives rise to the claim was 7
exercised or made by an authorised officer appointed by the chief 8
executive officer of a port authority or a person authorised by the 9
authorised officer to take action under this Act--the port 10
authority; or 11
(b) otherwise--the State. 12
(3) Payment of compensation may be claimed and ordered-- 13
(a) in a proceeding brought in a court with jurisdiction for the 14
recovery of compensation; or 15
(b) in a proceeding for an offence against this Act brought against the 16
person making the claim for compensation. 17
(4) A court may order the payment of compensation for the loss or 18
expense only if it is satisfied it is just to make the order in the circumstances 19
of the particular case. 20
(5) The regulations may prescribe matters that may, or must, be taken 21
into account by the court when considering whether it is just to make the 22
order. 23
PART 13--SECURITY 24
for Part 25
Definitions
111. In this Part-- 26
"discharge expenses" means-- 27
(a) the reasonable costs and expenses incurred by the State or a port 28
s 112 70 s 113
Transport Operations (Marine Pollution)
authority in-- 1
(i) investigating a discharge of pollutant; and 2
(ii) preventing or minimising the effects of a discharge of 3
pollutant; and 4
(iii) treating animals and plants affected by a discharge of 5
pollutant; and 6
(iv) rehabilitating or restoring Queensland's marine and coastal 7
environment; and 8
(b) an amount reasonably paid by the State or port authority under 9
section 110. 10
"discharge offence" means a discharge offence within the meaning of 11
Part 4, 5, 6, 7, 8 or 9. 12
of Part 13
Application
112. This Part applies if an authorised officer has detained a ship under 14
this Act.46 15
ship must be released on giving security 16
Detained
113.(1) The chief executive must release the ship if a security or 17
guarantee is given under this section. 18
(2) The amount of the security must be enough, in the chief executive's 19
opinion, to cover-- 20
(a) the State's discharge expenses in relation to the ship and, if the 21
chief executive makes an election under subsection (3), the port 22
authority's discharge expenses; and 23
(b) the penalty likely to be payable if a successful prosecution for the 24
discharge offence were to be taken; and 25
(c) interest on the discharge expenses. 26
(3) The chief executive may elect to secure the port authority's discharge 27
46 See section 84 (Power to detain ship).
s 114 71 s 115
Transport Operations (Marine Pollution)
expenses if the authority asks. 1
(4) The security may be provided in any 1 or more of the following 2
forms, or in another form, the chief executive considers appropriate-- 3
(a) a bank guarantee; 4
(b) a bond; 5
(c) an insurance policy. 6
(5) The chief executive must make a decision about the amount and form 7
of security or guarantee within a reasonable time. 8
ways detained ship may be released 9
Other
114. A detained ship must also be released if-- 10
(a) a proceeding is started for a discharge offence involving the ship 11
and the proceeding is discontinued; or 12
(b) a proceeding started for a discharge offence involving the ship is 13
concluded, whether or not an appeal is pending, without anyone 14
being convicted or discharge expenses being awarded against 15
anyone; or 16
(c) a proceeding for a discharge offence involving the ship is 17
concluded and all discharge expenses ordered to be paid and all 18
penalties imposed have been paid; or 19
(d) the chief executive has sought to recover discharge expenses as a 20
debt and the amount of the expenses has been paid; or 21
(e) the chief executive decides for any other reason the ship should be 22
released. 23
on security 24
Claims
115.(1) This section applies if the State or a port authority incurs 25
discharge expenses in relation to a discharge of a pollutant from a ship into 26
coastal waters. 27
(2) The discharge expenses, including, if the chief executive makes an 28
s 115 72 s 115
Transport Operations (Marine Pollution)
election under section 113(3),47 the port authority's discharge expenses, are 1
taken to be a debt payable to the State. 2
(3) The administering authority may recover the discharge expenses by 3
making a demand against the security or part of it. 4
(4) Before making the demand against the security, the administering 5
authority must give to the security giver a written notice under this section. 6
(5) The notice must-- 7
(a) outline the action taken; and 8
(b) state the amount to be demanded against the security; and 9
(c) invite the person to make written representations to the 10
administering authority to show, within a stated time of at least 11
30 days, why the demand should not be made. 12
(6) If, after considering all written representations made within the stated 13
time, the administering authority decides grounds still exist to make the 14
demand for the amount or a lesser amount, the administering authority must 15
immediately give written notice to the security giver of the decision. 16
(7) The notice must-- 17
(a) state the reasons for the decision; and 18
(b) state that the security giver may appeal against the decision to the 19
appropriate court within 30 days; and 20
(c) enclose a copy of section 116. 21
(8) If notice is given under subsection (7), the administering authority 22
must not make the demand until-- 23
(a) the time to appeal against the decision has ended; and 24
(b) if an appeal is made against the decision--the appeal is finally 25
decided. 26
(9) If the administering authority makes the demand, the security 27
provider-- 28
(a) is not required to inquire into the correctness or lawfulness of the 29
47 Under section 113(3), the chief executive may elect to secure a port authority's
discharge expenses under a guarantee given for the release of a detained ship.
s 116 73 s 117
Transport Operations (Marine Pollution)
administering authority's demand; and 1
(b) must pay the security or the part of it demanded to the 2
administering authority. 3
(10) An amount recovered for a port authority by the chief executive 4
must be reimbursed to the port authority. 5
(11) In this section-- 6
"security giver" means the ship's owner or other person who arranged for 7
the security to be given. 8
"security provider" means the person providing the security. 9
10
Appeals
116.(1) A person whose interests are affected by a decision under 11
section 115 may appeal to the appropriate court in subsection (2). 12
(2) The appropriate court is-- 13
(a) if the amount the administering authority seeks to claim or realise 14
is an amount not more than the amount of the monetary limit that 15
could be recovered for a debt under section 66 of the District 16
Courts Act 1967--a District Court;48 or 17
(b) in other cases--the Supreme Court. 18
procedures 19
Hearing
117.(1) The procedure for an appeal is to be in accordance with the 20
appropriate court's rules of court or, if the rules make no provision or 21
insufficient provision, in accordance with directions of a Judge of the 22
appropriate court. 23
(2) A party to an appeal may present new evidence at the appeal hearing. 24
(3) Costs of the appeal lie in the court's discretion. 25
48 The monetary limit of the District Court is presently $200 000.
s 118 74 s 118
Transport Operations (Marine Pollution)
PART 14--LEGAL PROCEEDINGS 1
Division 1--Evidence 2
provisions 3
Evidentiary
118.(1) This section applies to a proceeding under this Act or another Act 4
prescribed by regulation. 5
(2) Unless a party, by reasonable notice, requires proof of-- 6
(a) the appointment of the administering executive or an authorised 7
officer; or 8
(b) the authority of the administering executive or an authorised 9
officer to do anything under this Act; 10
the appointment or authority must be presumed. 11
(3) A signature purporting to be the signature of the administering 12
executive or an authorised officer is evidence of the signature it purports to 13
be. 14
(4) A certificate purporting to be signed by the Minister stating that a 15
stated person is or was the administering authority or administering 16
executive at a time or during a stated period is evidence of the matter stated 17
in the certificate. 18
(5) A certificate purporting to be signed by the administering executive 19
stating any of the following matters is evidence of the matter-- 20
(a) a stated document is-- 21
(i) an appointment or approval or a copy of an appointment or 22
approval; or 23
(ii) a direction or decision, or a copy of a direction or decision, 24
given or made under this Act; or 25
(iii) a record or document, a copy of a record or document, or an 26
extract from a record or document, kept under this Act; 27
(b) on a stated day, or during a stated period, a stated person was or 28
was not the holder of an approval or a stated approval; 29
s 118 75 s 118
Transport Operations (Marine Pollution)
(c) a stated approval was or was not in force on a stated day or during 1
a stated period; 2
(d) on a stated day, a stated person was given a stated order or 3
direction under this Act; 4
(e) a stated amount is payable under this Act by a stated person and 5
has not been paid; 6
(f) a stated substance is a pollutant; 7
(g) an instrument, equipment or installation was used in accordance 8
with conditions prescribed by regulation for its use; 9
(h) anything else prescribed by regulation. 10
(6) In a complaint starting a proceeding, a statement that the matter of the 11
complaint came to the complainant's knowledge on a stated day is evidence 12
of the matter. 13
(7) The production by the prosecutor of a signed analyst's report stating 14
any of the following matters is evidence of them-- 15
(a) the analyst took, or received from a stated person, the sample 16
mentioned in the report; 17
(b) the analyst analysed the sample on a stated day, or during a stated 18
period, and at a stated place; 19
(c) the results of the analysis. 20
(8) Any instrument, equipment or installation prescribed by regulation 21
that is used by an authorised officer or analyst in accordance with the 22
conditions (if any) prescribed by regulation is taken to be accurate and 23
precise in the absence of evidence to the contrary. 24
(9) In a proceeding in which the administering authority applies to 25
recover the costs and expenses incurred by it in relation to the discharge of a 26
pollutant the following certificates are evidence of the matters stated in 27
them-- 28
(a) a certificate by the administering authority stating that stated costs 29
and expenses were incurred and the way and purpose for which 30
they were incurred; 31
s 119 76 s 120
Transport Operations (Marine Pollution)
(b) a certificate by the chief executive that an election was made under 1
section 113(3) or 122(2).49 2
certificate or report produced by defendant 3
Analyst's
119.(1) The production by the defendant in a prosecution of a signed 4
analyst's report stating any of the following matters is evidence of them-- 5
(a) the analyst took, or received from a stated person, the sample 6
mentioned in the report; 7
(b) the analyst analysed the sample on a stated day, or during a stated 8
period, and at a stated place; 9
(c) the results of the analysis. 10
(2) The defendant must send a copy of the report to the prosecutor at least 11
7 days before the day set down for the hearing. 12
for acts or omissions of representatives 13
Responsibility
120.(1) If, in a proceeding for an offence against this Act, it is relevant to 14
prove a person's state of mind about a particular act or omission, it is 15
enough to show-- 16
(a) the act or omission was done or omitted to be done by a 17
representative of the person within the scope of the 18
representative's actual or apparent authority; and 19
(b) the representative had the state of mind. 20
(2) An act or omission done or omitted to be done for a person by a 21
representative of the person within the scope of the representative's actual or 22
apparent authority is taken, in a proceeding for an offence against this Act, 23
to have been done or omitted to be done also by the person, unless the 24
person proves the person took all reasonable steps to prevent the acts or 25
omissions. 26
49 Sections 113(3) and 122(2) deal with the chief executive's ability to elect to
secure a port authority's discharge expenses if the authority asks.
s 121 77 s 122
Transport Operations (Marine Pollution)
officers must ensure corporation complies with Act 1
Executive
121.(1) The executive officers of a corporation must ensure that the 2
corporation complies with this Act. 3
(2) If a corporation commits an offence against a provision of this Act, 4
each of the executive officers of the corporation also commit an offence, 5
namely, the offence of failing to ensure that the corporation complies with 6
this Act. 7
Maximum penalty--the penalty for the contravention of the provision by an 8
individual. 9
(3) Evidence that the corporation has committed an offence against this 10
Act is evidence that each of the executive officers committed the offence of 11
failing to ensure that the corporation complies with this Act. 12
(4) However, it is a defence for an executive officer to prove that-- 13
(a) if the officer was in a position to influence the conduct of the 14
corporation in relation to the offence--the officer took all 15
reasonable steps to ensure the corporation complied with the 16
provision; or 17
(b) the officer was not in a position to influence the conduct of the 18
corporation in relation to the offence. 19
Division 2--Legal proceedings 20
of discharge expenses 21
Recovery
122.(1) The State or a port authority may recover discharge expenses as a 22
debt.50 23
(2) The chief executive may elect to recover a port authority's discharge 24
expenses if the port authority asks. 25
(3) If the chief executive makes an election under subsection (2), the 26
reasonable costs of the port authority are taken to be a debt payable to the 27
State and may be recovered accordingly. 28
50 See also the Protection of the Sea (Civil Liability) Act 1981 (Cwlth) and the
Protection of the Sea (Oil Pollution Compensation Fund) Act 1993 (Cwlth).
s 123 78 s 124
Transport Operations (Marine Pollution)
(4) An amount recovered for a port authority by the chief executive must 1
be reimbursed to the port authority. 2
(5) In this section-- 3
"discharge expenses" has the meaning given in Part 13.51 4
and summary offences 5
Indictable
123.(1) An offence against this Act for which the maximum penalty is at 6
least 850 penalty units is an indictable offence. 7
(2) Any other offence against this Act is a summary offence. 8
for indictable offences 9
Proceedings
124.(1) A proceeding for an indictable offence against this Act may be 10
taken, at the prosecution's election-- 11
(a) by way of summary proceedings under the Justices Act 1886; or 12
(b) on indictment. 13
(2) A Magistrate must not hear an indictable offence summarily if-- 14
(a) the defendant asks at the start of the hearing that the charge be 15
prosecuted on indictment; or 16
(b) the Magistrate considers that the charge should be prosecuted on 17
indictment. 18
(3) If subsection (2) applies-- 19
(a) the Magistrate must proceed by way of an examination of 20
witnesses for an indictable offence; and 21
(b) a plea of the person charged at the start of the proceeding must be 22
disregarded; and 23
(c) evidence brought in the proceeding before the Magistrate decided 24
to act under subsection (2) is taken to be evidence in the 25
proceeding for the committal of the person for trial or sentence; 26
and 27
51 Part 13--Security. See section 111 for the definition.
s 125 79 s 127
Transport Operations (Marine Pollution)
(d) before committing the person for trial or sentence, the Magistrate 1
must make a statement to the person as required by 2
section 104(2)(b) of the Justices Act 1886. 3
(4) The maximum penalty that may be summarily imposed for an 4
indictable offence is 1 000 penalty units. 5
on who may summarily hear indictable offence proceedings 6
Limitation
125.(1) A proceeding must be before a Magistrate if it is a proceeding-- 7
(a) for the summary conviction of a person on a charge for an 8
indictable offence; or 9
(b) for an examination of witnesses for a charge for an indictable 10
offence. 11
(2) However, if a proceeding for an indictable offence is brought before a 12
justice who is not a Magistrate, jurisdiction is limited to taking or making a 13
procedural action or order within the meaning of the Justices of the Peace 14
and Commissioners for Declarations Act 1991. 15
on time for starting summary proceedings 16
Limitation
126. A proceeding for an offence against this Act by way of summary 17
proceeding under the Justices Act 1886 must start-- 18
(a) within 2 years after the commission of the offence; or 19
(b) within 2 years after the offence comes to the complainant's 20
knowledge, but within 3 years after the commission of the 21
offence. 22
may make orders about compensation and other matters 23
Court
127.(1) This section applies to a prosecution on indictment for a offence 24
against this Act. 25
(2) If the court finds the defendant has discharged a pollutant into coastal 26
waters in contravention of this Act, the court may order the defendant to do 27
either or both of the following-- 28
(a) pay to the State or a port authority the amount the State or port 29
s 128 80 s 128
Transport Operations (Marine Pollution)
authority could have recovered under section 122(1);52 1
(b) take stated action to rehabilitate or restore Queensland's marine 2
and coastal environment damaged because of the contravention. 3
(3) An order under subsection (2) is in addition to any penalty or other 4
order the court may make or impose under this Act. 5
(4) In particular, this section does not limit the court's powers under the 6
Penalties and Sentences Act 1992 or any other law. 7
3--Service 8
Division
provision for service of documents 9
Special
128.(1) A document may be served on a ship's master by leaving it-- 10
(a) if, at the time of service, there is a person on board who is 11
apparently in charge of the ship--with the person after explaining 12
to the person the purpose of the document; or 13
(b) otherwise--in a reasonably secure way in a conspicuous position 14
near the ship's controls. 15
(2) If a document is required or permitted to be served on a ship's master 16
and there is no master or apparently there is no master, the document may 17
be served on-- 18
(a) the ship's owner; or 19
(b) the owner's agent. 20
(3) A document is taken to be served on all owners of a ship if it is 21
served on-- 22
(a) any owner of the ship; or 23
(b) the ship's master; or 24
(c) an owner's agent. 25
(4) Nothing in this section affects-- 26
(a) the operation of another law that requires or permits service of a 27
52 Section 122 deals with recovery of discharge expenses.
s 129 81 s 129
Transport Operations (Marine Pollution)
document other than as provided in this section;53 or 1
(b) the court's power to authorise service of a document other than as 2
provided in this section. 3
PART 15--ADMINISTRATION 4
1--Devolutions 5
Division
of powers 6
Devolution
129.(1) The Governor in Council may, by regulation, devolve to the 7
board of a port authority, the administration and enforcement of this Act 8
within its port limits (other than for matters about the prosecution of 9
offences against this Act). 10
(2) On the commencement of the regulation-- 11
(a) the port authority becomes the administering authority for the 12
devolved matter; and 13
(b) the port authority's chief executive officer becomes the 14
administering executive for the devolved matter; and 15
(c) the administration and enforcement of the devolved matter is a 16
function of the port authority board to be performed by the board 17
within the port's limits. 18
(3) The board may make resolutions, not inconsistent with this Act, 19
about-- 20
(a) the fees that are payable to it for the devolved matter; or 21
(b) any matter necessary or convenient for carrying out or giving 22
effect to the devolved matter. 23
(4) If the chief executive is satisfied the board has failed to do anything in 24
the administration or enforcement of the devolved matter-- 25
53 See, for example, Part 10 of the Acts Interpretation Act 1954.
s 130 82 s 132
Transport Operations (Marine Pollution)
(a) the chief executive may do the thing; and 1
(b) the reasonable costs and expenses incurred by the chief executive 2
are a debt payable by the port authority to the State. 3
Division 2--Delegations 4
by chief executive 5
Delegation
130. The chief executive may delegate the chief executive's powers under 6
this Act to an authorised officer or officer of the public service. 7
by port authority's chief executive officer 8
Delegation
131.(1) The port authority's board may delegate its powers under this 9
Act to the port authority's chief executive officer. 10
(2) The chief executive officer may delegate the chief executive officer's 11
powers and subdelegate delegated powers under this Act to-- 12
(a) a committee of the port authority; or 13
(b) an authorised officer; or 14
(c) an employee of the port authority; or 15
(d) a board or committee consisting of employees of the port 16
authority. 17
3--Miscellaneous 18
Division
committees 19
Advisory
132.(1) The Minister may establish as many advisory committees as the 20
Minister considers appropriate for the administration of this Act. 21
(2) An advisory committee has the functions the Minister decides. 22
(3) A member of an advisory committee may be paid the fees and 23
allowances decided by the Governor in Council. 24
s 133 83 s 133
Transport Operations (Marine Pollution)
ART 16--MISCELLANEOUS 1
P
2
Regulations
133.(1) The Governor in Council may make regulations under this Act. 3
(2) A regulation may be made about any of the following matters-- 4
(a) marine pollution and issues about marine pollution; 5
(b) a matter necessary or convenient for giving further effect to 6
MARPOL or another treaty, convention or international 7
agreement or document about marine pollution; 8
(c) the way in which the tonnage of a ship is decided; 9
(d) keeping oil pollution emergency plans, including shipboard oil 10
pollution emergency plans; 11
(e) the standard of holding tanks; 12
(f) the standard of reception facilities; 13
(g) keeping records, including, for example, an oil or cargo record 14
book, and the nature of the entries to be made in the records; 15
(h) the period for which, and the place at which, the records must be 16
kept; 17
(i) records that must be sent to an administering authority and their 18
custody or disposal after receipt; 19
(j) imposition of fees; 20
(k) taking and analysis of samples by an analyst; 21
(l) ensuring the integrity and security of samples; 22
(m) prescribing the cost of labour used for a purpose connected with a 23
discharge of pollutant. 24
(3) Without limiting subsection (1) or (2), a regulation may also be 25
made-- 26
(a) giving effect to Regulation 8 of Annex II to MARPOL; and 27
(b) declaring a stated liquid substance is-- 28
(i) designated in Appendix II to Annex II; and 29
s 134 84 s 135
Transport Operations (Marine Pollution)
(ii) categorised as a Category A, B, C or D substance; and 1
(c) removing a stated noxious liquid substance from Appendix II; 2
and 3
(d) declaring a stated liquid substance has been provisionally assessed 4
under regulation 3(4) in Annex II as a Category A, B, C or D 5
substance; and 6
(e) recategorising a Category A, B, C or D substance; and 7
(f) for a Category A substance--declaring a residual concentration 8
stated in the regulation is taken to be the residual concentration 9
prescribed for the substance in column III or IV of Appendix II. 10
(4) The regulations may provide that contravention of a regulation is an 11
offence and prescribe a maximum penalty of not more than 350 penalty 12
units. 13
of defence ships from Act 14
Exemption
134. This Act does not apply to-- 15
(a) a ship under the control of the Australian Defence Force; or 16
(b) a warship, naval auxiliary or other ship owned or operated by a 17
foreign country and used, for the time being, only on government, 18
non-commercial service of the country.54 19
of Act 20
Review
135.(1) The Minister must review this Act to decide whether its 21
provisions remain appropriate. 22
(2) The review must be carried out as soon as practicable after the end of 23
the period of 10 years starting on the commencement. 24
(3) As soon as practicable, but within 1 year after the end of the 10 year 25
period, the Minister must table a report of the review's outcome in the 26
Legislative Assembly. 27
54 See MARPOL, article 3.
s 136 85 s 136
Transport Operations (Marine Pollution)
1
PART 17--REPEALS 2
repealed 3
Acts
136. The following Acts are repealed-- 4
· Pollution of Waters by Oil Act 1973 No. 33 5
· Pollution of Waters by Oil Amendment Act 1992 No. 56. 6
7
86
Transport Operations (Marine Pollution)
CHEDULE 1
S
DICTIONARY 2
section 4 3
"administering authority" means-- 4
(a) for a devolved matter--the port authority; or 5
(b) for something else--the chief executive. 6
"administering executive" means-- 7
(a) for a devolved matter--the chief executive officer of the relevant 8
port authority; or 9
(b) for something else--the chief executive. 10
"agent" of a ship's owner see section 7. 11
"analyst" means-- 12
(a) an appropriately qualified person appointed by the chief executive 13
as an analyst; or 14
(b) someone else holding accreditation of a kind prescribed by 15
regulation. 16
"approved" for a form or notice means approved by the chief executive. 17
"Australian Maritime Safety Authority" for Part 12, Division 7, see 18
section 97. 19
"authorised officer" means a person who is appointed as an authorised 20
officer.55 21
"cargo" for Part 12, Division 7, see section 97. 22
55 Appointment of persons as authorised officers is made under section 72.
87
Transport Operations (Marine Pollution)
SCHEDULE (continued)
"chief executive officer" means the chief executive officer56 of a port 1
authority. 2
"coastal waters" means the coastal waters of the State,57 and includes other 3
waters within the limits of the State that are subject to the ebb and flow 4
of the tide. 5
"commencement" for Part 7, see section 45. 6
"Commonwealth Navigation Act" means the Navigation Act 1912 7
(Cwlth). 8
"condition" includes restriction. 9
"devolved matter" means a matter the administration and enforcement of 10
which have been devolved to a port authority.58 11
"discharge" see MARPOL. 12
"discharge expenses" for Part 13, see 111. 13
"discharge offence" see-- 14
· for Part 4--section 24 15
· for Part 5--section 33 16
· for Part 6--section 40 17
· for Part 7--section 45 18
· for Part 8--section 53 19
· for Part 9--section 59 20
· for Part 11--section 67(1) 21
· for section 84--section 84(6) 22
56 A distinction is drawn in the Act between a chief executive officer and the chief
executive. For the meaning of "chief executive" see section 36 of the Acts
Interpretation Act 1954.
57 "coastal waters of the State" is defined in the Acts Interpretation Act 1954,
section 36.
58 See section 129 (Devolution of powers).
88
Transport Operations (Marine Pollution)
SCHEDULE (continued)
· for Part 13--section 111. 1
"environment" includes ecosystems. 2
"executive officer" of a corporation means a person who is concerned with, 3
or takes part in, the corporation's management, whether or not the 4
person is a director or the person's position is given the name of 5
executive officer. 6
"existing ship" for Part 7, see section 45. 7
"garbage" see MARPOL 59 and, for Part 8, section 53. 8
"harmful substance" see MARPOL 60 and-- 9
· for Part 6--section 40 10
· for Part 11--sections 67 and 40. 11
"high sensitivity zone" for Part 7, see section 45. 12
"holding tank" for Part 7, see section 45. 13
"IMO" means the International Maritime Organization. 14
"incident" see MARPOL. 61 15
"Intervention Convention" for Part 12, Division 7, see section 97. 16
"large ship" for Part 7, see section 45. 17
"length overall" of a ship, for Part 7, see section 46. 18
59 Under MARPOL, "garbage" means all kinds of victual, domestic and operational
waste (other than fresh fish and parts of fresh fish) generated during the normal
operation of the ship and liable to be disposed of continuously or periodically,
but does not include other substances dealt with specifically in the convention,
for example, oil.
60 Under MARPOL, "harmful substance" means any substance that, if introduced
into the sea, is liable to create hazards to human health, to harm living resources
and marine life, to damage amenities or to interfere with other legitimate uses of
the sea, and includes any substance subject to control by MARPOL.
61 Under MARPOL, "incident" means an event involving the actual or probable
discharge into the sea of a harmful substance, or effluent containing a harmful
substance.
89
Transport Operations (Marine Pollution)
SCHEDULE (continued)
"low sensitivity zone" for Part 7, see section 45. 1
"Marine Safety Act" means the Marine Safety Act 1994. 2
"maritime casualty" for Part 12, Division 7, see section 97. 3
"MARPOL" has the meaning given by section 6. 4
"master" has the meaning given by the Marine Safety Act. 5
"medium ship" for Part 7, see section 45. 6
"mixture" for Part 5, see section 33. 7
"moderate sensitivity zone" for Part 7, see section 45. 8
"n mile" means an international nautical mile. 9
"new ship" for Part 7, see section 45. 10
"noxious liquid substance" see MARPOL and-- 11
· for Part 5--section 33 12
· for Part 9--sections 59 and 33 13
· for Part 11--sections 67(1) and 33. 14
"obstruct" includes-- 15
(a) assault, threaten, abuse, insult, intimidate or hinder; and 16
(b) attempt to obstruct. 17
"occupier" of a place includes a person who reasonably appears to be the 18
occupier, or in charge, of the place. 19
"oil" see MARPOL 62 and-- 20
· for Part 4--section 24 21
· for Part 5--sections 33 and 24 22
62 Under MARPOL, "oil" means petroleum in any form and includes crude oil, fuel
oil, sludge, oil refuse and refined products (other than petrochemicals that are
subject to the provisions of Annex II of MARPOL) and also includes the
substances listed in Appendix I to Annex I.
90
Transport Operations (Marine Pollution)
SCHEDULE (continued)
· for Part 9--sections 59 and 24 1
· for Part 11--sections 67 and 24. 2
"oil tanker" see MARPOL. 63 3
"owner" of a ship has the meaning given by the Marine Safety Act.64 4
"owner" of a seized thing includes the person from whom the thing is 5
seized unless the authorised officer concerned is aware of its actual 6
owner. 7
"person in control" of a ship includes the person who has, or reasonably 8
appears to have, command or charge of the ship; 9
"place" includes land and premises, but does not include a ship. 10
"pollutant" means a harmful substance, and includes sewage. 11
"port authority" has the meaning given by the Transport Infrastructure 12
Act 1994. 13
"port limits" of a port means the limits of the port under Chapter 5A (Port 14
Infrastructure) of the Transport Infrastructure Act 1994. 15
"premises" includes-- 16
(a) a building or other structure or part of a building or other 17
structure; and 18
(b) land where a building or other structure is situated. 19
"public place" means any place that the public is entitled to use, is open to 20
the public, or used by the public, whether or not on payment of money. 21
63 Under MARPOL, "oil tanker" means a ship constructed or adapted primarily to
carry oil in bulk in its cargo spaces, and includes combination carriers and any
"chemical tanker" as defined in Annex II of MARPOL when it is carrying a
cargo or part cargo of oil in bulk.
64 Under the Marine Safety Act (see section 9), "owner" of a ship is the person
who owns the ship (whether or not the person is registered as the ship's owner),
and includes a person who--
(a) exercises, or purports to exercise, powers of the owner; and
(b) operates the ship or causes or allows it to be operated by someone else.
91
Transport Operations (Marine Pollution)
SCHEDULE (continued)
"related Queensland interests" means Queensland interests directly 1
affected or threatened by a maritime casualty, and include-- 2
(a) maritime coastal, port or estuarine activities, including, for 3
example, fishing activities, that are an essential means of 4
livelihood for persons; and 5
(b) tourist attractions; and 6
(c) the health of Queenslanders and the wellbeing of Queensland. 7
"reportable incident" for Part 11, see section 67. 8
"representative" of a person means-- 9
(a) if the person is a corporation--an executive officer, employee or 10
agent of the corporation; or 11
(b) if the person is an individual--an employee or agent of the 12
individual. 13
"sewage" has the meaning given in Annex IV to the Convention,65 and 14
includes human wastes. 15
"ship" has the meaning given by MARPOL,66 and includes an aircraft 16
when it is on the surface of the water. 17
"small ship" for Part 7, see section 45. 18
"state of mind" of a person includes-- 19
(a) the person's knowledge, intention, opinion, belief or purpose; and 20
65 Under MARPOL, "sewage" means--
(a) drainage and other wastes from any form of toilets, urinals, and WC
scuppers;
(b) drainage from medical premises (dispensary, sick bay, etc.) via wash
basins, wash tubs and scuppers located in the premises;
(c) drainage from spaces containing living animals; or
(d) other waste waters when mixed with the drainages defined above.
66 Under MARPOL--
"ship" means a vessel of any type whatsoever operating in the marine
environment and includes hydrofoil boats, air cushion vehicles,
submersibles, floating craft and fixed or floating platforms.
92
Transport Operations (Marine Pollution)
SCHEDULE (continued)
(b) the person's reasons for the intention, opinion, belief or purpose. 1
"toilet" for Part 7, see section 45. 2
"transfer apparatus" for Part 9, see section 59. 3
"transfer operation" for Part 9, see section 59. 4
"Transport Coordination Plan" means the Transport Coordination Plan 5
developed under the Transport Planning and Coordination Act 1994. 6
7
© State of Queensland 1994
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