Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) In this Act, unless the contrary intention appears –
"Australian fishing vessel" means a fishing vessel that is registered, or entitled to be registered, in Australia or in relation to which an instrument under section 4 (2) of the Fisheries Management Act 1991 of the Commonwealth is in force;
"Australian ship" means –(a) a ship registered in Australia; or
(b) an unregistered ship having Australian nationality;
"authorized officer" means –(a) a person who is appointed in writing by the Minister to be an authorized officer for the purposes of this Act;
(b) a harbour master;
(c) a person authorised by the Marine and Safety Authority for the purpose of this Act; or
(d) a police officer;
(e) the Director;
"Committee" means the State Marine Pollution Committee constituted under this Act;
"Control Officer" means the person referred to in section 35(2)(b);
"Convention" means the 1973 Convention as modified and added to by the 1978 Protocol;
"costs" includes expenses;
"crew", in relation to a ship, includes its master;
"Director" means the person appointed and holding office as Director, Environment Protection Authority pursuant to section 18 (1) of the Environmental Management and Pollution Control Act 1994;
"fishing vessel" means a vessel used or intended to be used for catching fish, whales, seals, walrus, or other living resources of the sea or seabed for profit or reward, and includes any such vessel in the course of construction, but does not include a vessel –(a) engaged in the harvesting or transportation of algae or aquatic plants; or
(b) that is primarily a carrier or a mother vessel;
"function" includes duty;
"Government department" means a department established under the State Service Act 2000 or established by any other enactment as a department within the meaning of that Act;
"harbour master" means –(a) in respect of a port, a port operator; or
(b) in respect of any other area, a person authorised by the Director;
"livestock" includes fish reared commercially in marine farms;
"Marine and Safety Authority" means the Marine and Safety Authority established under the Marine and Safety Authority Act 1997;
"marine pollutant" means any one, or any combination, of the following substances (whether in bulk, packaged or another form):(a) oil within the meaning of Annex I to the Convention;
(b) a mixture that contains any oil within the meaning of Annex I to the Convention;
(c) a noxious liquid substance within the meaning of Annex II to the Convention;
(d) a mixture that contains any noxious liquid substance within the meaning of Annex II to the Convention;
(e) a harmful substance within the meaning of Annex III to the Convention;
(f) garbage within the meaning of Annex V to the Convention;
"marine pollution" means the pollution of State waters caused by the discharge of –(a) oil or of an oily mixture from a ship; or
(b) a liquid substance, or of a mixture containing a liquid substance, from a ship, being a substance or mixture to which section 20(1) applies;
"maritime casualty" includes, but is not limited to, any one or any combination of the following:(a) a collision between ships;
(b) the collision of a ship with a bridge, breakwater or wharf;
(c) the stranding of a ship;
(d) the breaking-up, capsizing or foundering of a ship;
(e) an explosion or fire on a ship;
(f) the abandonment or evacuation of a ship by its crew;
(g) the failure of a pipeline or other apparatus used for transferring fuel between ships or between a ship and a shore facility;
"master", in relation to a ship, means a person, other than a pilot, having command or charge of the ship;
"Navigation Act" means the Navigation Act 1912 of the Commonwealth;
"physical environment" includes the wildlife and livestock that live in the physical environment;
"pleasure vessel" means –(a) a vessel used wholly for the purpose of recreational or sporting activities and not for hire or reward; or
(b) any other vessel declared to be a vessel to which this Act applies by order of the Minister published in the Gazette;
"port operator" means a port operator within the meaning of the Marine and Safety Authority Act 1997;
"State authority" means a body or authority, whether incorporated or not, which is established or constituted by or under an Act or under the Royal prerogative, being a body or authority which, or of which the governing authority, wholly or partly comprises a person or persons appointed by the Governor, a Minister, or another State authority, but does not include a Government department;
"State waters" means –(a) the territorial sea adjacent to the State;
(b) the sea on the landward side of the territorial sea adjacent to the State that is not within the limits of the State; and
(c) waters within the limits of the State;
"the 1973 Convention" means the International Convention for the Prevention of Pollution from Ships, 1973, as corrected by the Proces-Verbal of Rectification dated 13th June 1978 (a copy of the English text of which, apart from Annexes IV and VI, as so corrected, is set out in Schedule 1), as affected by any amendment, other than an amendment not accepted by Australia, made under Article 16 of the Convention;
"the 1978 Protocol" means the Protocol of 1978 relating to the 1973 Convention (a copy of the English text of which is set out in Schedule 2) as affected by –(a) the amendments to the Annex to the Protocol adopted on 7th September 1984 (a copy of the English text of which amendments is set out in Schedule 3);
(b) the amendments to the Annex to the Protocol adopted on 5th December 1985 (a copy of the English text of which amendments is set out in Schedule 4);
(c) the amendments to the Protocol adopted on 5th December 1985 (a copy of the English text of which amendments is set out in Schedule 5); and
(d) any other amendment to the Protocol, other than an amendment not accepted by Australia, made under Article VI of the Protocol;
"this Part" includes the regulations and orders made in pursuance of the regulations;
"Tonnage Measurement Convention" has the same meaning as in Part XA of theNavigation Act;
"trading vessel" has the same meaning as in the Marine and Safety Authority Act 1997.
(2) A reference in –
(a) section 10 or 22 to a prescribed officer is a reference to the Control Officer or a harbour master; or
(b) any other section of this Act to a prescribed officer is a reference to the person for the time being occupying, or performing the functions of, an office in the Agency, within the meaning of the State Service Act 2000, that deals with matters arising under that section, being an office that is prescribed for the purposes of that section.
(3) An expression that is used in this Act and in the Convention, otherwise than in an Annex to the Convention, (whether or not a particular meaning is assigned to it by the Convention), has, in this Act, the same meaning as in the Convention.
(4) Where, at any time, the gross tonnage applicable to a ship has been determined otherwise than in accordance with the Tonnage Measurement Convention, then, in the application of this Act to the ship at that time, a reference in this Act to the gross tonnage of a ship not expressed in tons shall be taken to be a reference to the gross tonnage of the ship expressed in tons.
(5) For the purposes of this Act –
(a) "inter-State voyage" and "overseas voyage" have the same respective meanings as in the Navigation Act;
(b) an intra-State voyage is a voyage other than an inter-State voyage or an overseas voyage; and
(c) for the purposes of paragraphs (a) and (b), a ship shall be deemed to be proceeding on a voyage from the time when it is got under way for the purpose of proceeding on the voyage until the time when it is got under way for the purpose of proceeding on another voyage.
(6) . . . . . . . .