Victorian Consolidated Legislation

POLLUTION OF WATERS BY OIL AND NOXIOUS SUBSTANCES ACT 1986

No. 27 of 1986
Version incorporating amendments as at 5 October 2007

TABLE OF PROVISIONS

           Section Page

   PART 1-PRELIMINARY

   1.      Purpose
   2.      Commencement
   3.      Definitions
   4.      Act to bind Crown
   5.      Saving of other laws
   6.      Delegation

   PART 2-PREVENTION OF POLLUTION

           Division 1-Pollution by oil

   7.      Interpretation
   8.      Prohibition of discharge of oil or oily mixtures into State
           waters
   9.      Oil residues
   10.     Duty to report certain incidents involving oil or an oily mixture
   11.     Oil record book
   12.     False entries in oil record book
   13.     Oil record book to be retained

           Division 2-Pollution by noxious substances

   14.     Definitions
   15.     Application of Part to mixture of oil and liquid substance
   16.     Categories of noxious liquid substances
   17.     Appendix III substances
   18.     Prohibition of discharge of substances into State waters
   18A.    Certain liquid substances to be treated as oil
   19.     Duty to report certain incidents involving certain substances
   20.     Cargo record book
   21.     False entries in cargo record book
   22.     Cargo record book to be retained
   23.     Cleaning of tanks of ships

           Division 2A-Prevention of pollution by garbage

   23A.    Interpretation
   23B.    Prohibition of disposal of garbage into State waters

           Division 2B-Prevention of pollution by packaged harmful substances

   23C.    Definition
   23D.    Duty to report certain incidents involving harmful substances
   23E.    Prohibition of discharge by jettisoning of harmful substances into State waters

           Division 2C-Prevention of pollution by sewage

   23F.    Interpretation
   23G.    Prohibition of discharge of sewage into State waters

           Division 2D-Discharges

   23H.    Definitions
   23I.    Environment Protection Act prevails
   23J.    Prohibited discharge into State waters
   23K.    Discharge from ships
   23L.    Duty to report discharges

           Division 3-Miscellaneous

   24.     Powers of authorised officers
           24A, 24B. Repealed
   24C.    Summary jurisdiction in indictable offences
   24D.    Powers under Marine Act additional to powers under this Act
   24E.    Reception facilities
   25.     No time limit for prosecution
   26.     Service of summonses
   27.     Evidence
   28.     Enforcement provisions
   29.     Immunity of authorised officers
   30.     Regulations
   31.     Orders
   32.     Prescribing matters by reference to other instruments
   33.     Repealed

   PART 3-SHIPS CARRYING OR USING OIL

           Division 1-Preliminary

   34.     Definitions
   34A.    Execution of documents by Authority

           Division 2-Prevention of pollution from ships Convention (ships carrying or using oil)

   35.     Definitions
   36.     Regulations to give effect to Regulations 13 to 19 (inclusive) of Annex I
   37.     Ship construction certificate
   38.     Alteration etc. of construction of ships and cancellation of certificates
   39.     Ships to be surveyed periodically
   40.     Requirement for ship construction certificates

           Division 3-Prevention of pollution from ships Convention (ships carrying noxious liquid substances in bulk)

   41.     Definitions
   42.     Regulations to give effect to Regulation 13 of Annex II
   43.     Chemical tanker construction certificates
   44.     Alteration etc. of construction of ships and cancellation of certificates
   45.     Ships to be surveyed periodically
   46.     Requirement for chemical tanker construction certificates
   47.     Regulations

           Division 4-Ships carrying harmful substances

   48.     Interpretation
   49.     Regulations to give effect to Regulations 1 to 6 (inclusive) of Annex III

           Division 5-Sewage pollution prevention certificates

   50.     Interpretation
   51.     Regulations to give effect to Regulations 3 and 11 of
           Annex IV
   52.     Sewage Pollution Prevention Certificates
   53.     Alteration etc. of construction of ships and cancellation of certificates
   54.     Ships to be surveyed periodically
   55.     Requirement for sewage certificates
           __________________
           SCHEDULE 1-The International Convention for the Prevention of Pollution from Ships, 1973.
           SCHEDULE 2-The Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973.
           SCHEDULE 3-Amendments to the Annex of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973.
           SCHEDULE 4-Adoption of amendments to the Annex of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973 (relating to Annex II of the International Convention for the Prevention of Pollution from Ships, 1973 as Modified by the Protocol of 1978 relating thereto)
           SCHEDULE 5-Adoption of Amendments to the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973 (relating to Protocol I to the International Convention for the Prevention of Pollution from Ships, 1973 as Modified by the Protocol of 1978 relating thereto)
           SCHEDULE 6-Adoption of Amendments to the Annex of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973.
           SCHEDULE 7-Adoption of Amendments to the Annex of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973.
           SCHEDULE 8-Adoption of Amendments to the Annex of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973 (Amendments to Annex V of Marpol 73/78) Adopted on 17 October 1989.
           ENDNOTES
           1. General Information
           2. Table of Amendments
           3. Explanatory Details