TRANSPORT OPERATIONS (MARINE POLLUTION) ACT 1995 - As at 17 September 2019 - Act 2 of 1995

Table of Provisions

• Long Title

PART 1 - PRELIMINARY

Division 1 - Introduction

• 1 Short title
2. (Repealed)

Division 2 - Act’s overall purpose

• 3 Overall purpose

Division 3 - Interpretation

• 4 Definitions—the dictionary
• 5 Words and expressions used in MARPOL and this Act
• 6 Meaning of MARPOL
• 7 Meaning of agent
• 7A Meaning of length overall

Division 4 - Operation of Act

• 8 Act binds all persons
• 9 Discharge outside coastal waters that enters coastal waters

PART 2 - INFORMATION ABOUT THIS ACT

• 10 Why this Act was enacted
• 11 Queensland’s jurisdiction
• 12 The ships this Act applies to
• 13 Ship’s general safety obligations, surveying and registration
• 14 How this Act interacts with other environmental laws

PART 3 - (Repealed)

PART 4 - PREVENTION OF POLLUTION BY OIL

Division 1 - Purpose of part

• 23 Part gives effect to Annex I to MARPOL

Division 2 - Interpretation

• 24 Definitions for part
• 25 Words and expressions used in Annex I to MARPOL and this part

Division 3 - Discharge of oil prohibited

• 26 Discharge of oil into coastal waters prohibited
• 27 Oil residues

Division 4 - Defences

• 28 Defences to discharge offence

Division 5 - Exemptions

• 29 Certain discharges permissible

Division 6 - General

• 30 Shipboard oil pollution emergency plan

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
• 32 Application of part

Division 2 - Interpretation

• 33 Definitions for part
• 34 Words and expressions used in Annex II to MARPOL and this part
• 34A Recategorisation of substances

Division 3 - Discharge of noxious liquid substances prohibited

• 35 Discharge of noxious liquid substances into coastal waters prohibited

Division 4 - Defences

• 36 Defences to discharge offence

Division 5 - Exemptions

• 37 Certain discharges permissible

Division 6 - General

• 38 Procedures and arrangements manual
• 38A Shipboard marine pollution emergency plan for noxious liquid substances

PART 6 - PREVENTION OF POLLUTION BY PACKAGED HARMFUL SUBSTANCES

Division 1 - Purpose of part

• 39 Part gives effect to Annex III to MARPOL

Division 2 - Interpretation

• 40 Definitions for part
• 41 Words and expressions used in Annex III to MARPOL and this part

Division 3 - Jettisoning of harmful substance prohibited

• 42 Jettisoning of harmful substances into coastal waters prohibited

Division 4 - Defences

• 43 Defences to discharge offence

Division 5 - Exemptions

• 44 Certain discharges permissible

PART 7 - PREVENTION OF POLLUTION BY SEWAGE

Division 1 - Interpretation

• 45 Definitions for pt 7
• 46 Words and expressions used in Annex IV to MARPOL and this part

Division 2 - Discharge of sewage

• 47 Discharge of untreated sewage into nil discharge waters for untreated sewage prohibited
• 48 Discharge of treated sewage into nil discharge waters for treated sewage prohibited
• 48A Ship with fixed toilet operating in prescribed nil discharge waters to be able to hold or treat sewage
• 49 Declared ship operating in prescribed nil discharge waters to be fitted with sewage holding device
• 50 Discharge of sewage from declared ship into nil discharge waters for sewage prohibited
• 50A Discharge of sewage by prescribed ships
• 51 Shipboard sewage management plan

Division 3 - Defence

• 51A Defence to discharge offence

Division 4 - General

• 51B Treatment system to be in proper working order
• 51C Other laws may also apply

Division 5 - (Repealed)

PART 8 - PREVENTION OF POLLUTION BY GARBAGE

Division 1 - Purpose

• 52 Part gives effect to Annex V to MARPOL

Division 2 - Interpretation

• 53 Definitions for part
• 54 Words and expressions used in Annex V to MARPOL and this part

Division 3 - Disposal of garbage prohibited

• 55 Disposal of garbage into coastal waters prohibited
• 55AA Placard about garbage disposal requirements
• 55A Shipboard waste management plan

Division 4 - Defences

• 56 Defences to discharge offence

Division 5 - Exemptions

• 57 Certain disposals permissible

PART 9 - TRANSFER OPERATIONS

Division 1 - Purpose of part

• 58 Responsibility for pollution from transfer operations and other matters

Division 2 - Interpretation

• 59 Definitions for part
• 60 Words and expressions used in Annex I or II to MARPOL and this part

Division 3 - Discharge during transfer operation prohibited

• 60A Obligation to monitor transfer operation
• 61 Discharge of pollutant into coastal waters prohibited

Division 4 - Defences

• 62 Defences to discharge offence

Division 5 - General

• 64 Several liability—ships
• 65 Keeping of records about transfer etc.

PART 10 - RECEPTION FACILITIES

• 66 Reception facilities

PART 11 - REPORTING REQUIREMENTS

• 67 Duty to report certain incidents

PART 11A - INSURANCE

• 67A Ship’s owner to have insurance

PART 12 - INVESTIGATION, PREVENTION AND MINIMISATION, AND ENFORCEMENT

Division 1 - General

• 68 Functions of authorised officers
• 69 Authorised officer subject to directions of general manager
• 70 Powers of authorised officers
• 71 Limitation on powers of authorised officer

Division 2 - Appointment of authorised officers and other matters

• 72 Appointment of authorised officers
• 73 Authorised officer’s appointment conditions
• 74 Authorised officer’s identity card
• 75 Production or display of authorised officer’s identity card
• 76 Protection from liability

Division 3 - Powers of authorised officers

• 77 Entry to place by authorised officers
• 78 Warrants for entry
• 79 Warrants—applications made otherwise than in person
• 80 Boarding of ships
• 81 Authorised officer’s general powers for ships and places
• 82 Power to seize evidence from places
• 83 Power to seize after boarding ship
• 84 Power to detain ship
• 85 Procedure after detention of ship
• 86 Procedure after seizure of evidence
• 86A Power to give notice in relation to discharge or likely discharge of pollutant

Division 4 - Other enforcement powers of authorised officers

• 87 Power to require name and address
• 88 Power to require information from certain persons
• 89 Power to require production of documents

Division 5 - Consent to entry of premises

• 90 Consent to entry
• 91 Evidence of consent

Division 6 - Response action to discharge and authorised officer’s emergency powers

• 92 Purpose of division
• 93 State has prime responsibility for directing emergency response
• 93A Marine pollution controller
• 93B Protection from liability
• 94 Emergency declaration may overrule local law
• 95 Authorised officer’s powers in an emergency
• 96 Authorised officer may direct emergency release of pollutant

Division 7 - Power of intervention

• 97 Definitions for division
• 98 Power of intervention
• 99 Directions under s 98 may require taking of action
• 100 Things to be done before power to intervene is exercised

Division 8 - Offences

• 101 Failure to help authorised officer—emergency
• 102 Failure to help authorised officer—other cases
• 103 Failure to obey direction
• 104 Failure to give information
• 105 False or misleading statements
• 106 False or misleading documents
• 107 Obstruction of authorised persons
• 108 Impersonation of authorised officer

Division 9 - General

• 109 Authorised officer to give notice of damage
• 110 Compensation

PART 13 - DISCHARGE EXPENSES

• 111 Definitions for part
• 112 General manager to set amounts for costs and expenses relating to definition discharge expenses
• 113 Detained ship must be released on giving security
• 114 Other ways detained ship may be released
• 115 Recovery of discharge expenses
• 116 External review of decisions under s 115
117. (Repealed)

PART 13A - SECURING COMPLIANCE WITH ACT

Division 1 - Purpose

• 117A Purpose of pt 13A

Division 2 - Enforcement orders and interim enforcement orders

• 117B Proceeding for enforcement order or interim enforcement order
• 117C Making enforcement order
• 117D Making interim enforcement order
• 117E Effect of order
• 117F Powers of District Court about enforcement order or interim enforcement order
• 117G No undertaking as to damages or costs may be required
• 117GA Further power of District Court if enforcement order is contravened
• 117GB Recovery by State of expenses of taking authorised action
• 117GC Recovery by other persons of damages in particular circumstances

Division 3 - Undertakings

• 117H General manager may seek division 3 undertaking
• 117I Undertaking about other matter
• 117J Variation and withdrawal of division 3 undertaking
• 117K Enforcement of division 3 undertaking
• 117L Register of division 3 undertakings

PART 13B - REVIEW OF DECISIONS

• 117M Internal review of decisions
• 117N External review of decisions

PART 14 - LEGAL PROCEEDINGS

Division 1 - Evidence

• 118 Evidentiary provisions
• 119 Analyst’s certificate or report produced by defendant
• 120 Responsibility for acts or omissions of representatives
• 121 Executive officer may be taken to have committed offence

Division 2 - Legal proceedings

• 122 How discharge expenses may be recovered
• 123 Indictable and summary offences
• 124 Proceedings for indictable offences
• 125 Limitation on who may summarily hear indictable offence proceedings
• 126 Limitation on time for starting summary proceedings
• 126A Allegations of false or misleading statements or documents
• 127 Court may make orders about rehabilitation etc.

Division 3 - Service

• 128 Special provision for service of documents

PART 14A - PROTECTION FOR WHISTLEBLOWERS

• 128A Definitions for pt 14A
• 128B Application of pt 14A
• 128C General limitation
• 128D Liability for conduct unaffected
• 128E Reprisal and grounds for reprisal
• 128F Damages entitlement or other remedy for reprisal
• 128G False or misleading statements
• 128H False or misleading documents

PART 15 - ADMINISTRATION

• 130 Delegation by chief executive
131. (Repealed) 132. (Repealed)
• 132A Delegation by marine pollution controller

PART 15A - APPOINTMENT OF ANALYSTS

• 132B Appointment and qualifications
• 132C Appointment conditions
• 132D When analyst stops holding office
• 132E Resignation

PART 16 - MISCELLANEOUS

• 132F Recovery of damages
• 132G Approval of forms
• 133 Regulation-making power
• 134 Exemption of defence ships from Act
135. (Repealed)

PART 17 - TRANSITIONAL PROVISIONS

Division 1 - Provisions for Maritime Safety Queensland Act 2002

• 136 Definitions for div 1
• 137 Transition of chief executive’s functions to general manager
• 138 Agreements
• 139 Notices
• 140 Appointments
• 141 Other things done by chief executive
• 142 Particular references to chief executive

Division 2 - Provisions for Maritime and Other Legislation Amendment Act 2006

• 143 Application of s 62
144. (Repealed)
• 145 Authorised officers appointed by chief executive officer of port authority
• 146 Protection from liability for port authorised officers and others and continuing liability for port authorities
• 147 Making orders under s 127 and pt 13A, div 2
• 148 Delegation under s 132 as in force before commencement
• 149 Previous exercise of powers by port authority officer not affected
• 150 Emergency response powers under pt 12, div 6
• 151 Continuing liability of port authority for compensation
• 152 If port authority has started to recover discharge expenses before commencement
• 153 Application of s 118 to particular matters

Division 3 - Provisions for Transport Legislation Amendment Act 2008, part 5

• 154 Appointments of analysts
• 155 Actions done and documents made by analysts
• 156 Recovery of damages

Division 4 - Transitional provisions for Transport and Other Legislation Amendment Act 2008, part 7, division 1

• 157 Provision for prosecutions under previous s 38(4)
• 158 Application of s 50A

Division 5 - (Repealed)

Division 6 - Transitional provision for Transport and Other Legislation Amendment Act (No. 2) 2010

• 160 Application of s 49

Division 7 - Transitional provisions for Transport Legislation (Road Safety and Other Matters) Amendment Act 2019

• 161 Recovery of discharge expenses incurred by particular entities
• 162 Securing compliance for particular offences
• SCHEDULE 1