Western Australian Consolidated Acts Western Australian Consolidated Acts1 This is a compilation of the Pollution of Waters by Oil and
Noxious Substances Act 1987 and includes the amendments made by the
other written laws referred to in the following table. The table also contains
information about any reprint.
|
Short title |
Number and Year |
Assent |
Commencement |
|||
|---|---|---|---|---|---|---|
|
Pollution of Waters by Oil and Noxious Substances
Act 1987 |
14 of 1987 |
29 Jun 1987 |
1 Jul 1993 (see s. 2 and Gazette
29 Jun 1993 p. 3163) |
|||
|
Ports (Functions) Act 1993
s. 46 |
46 of 1993 |
20 Dec 1993 |
15 Jun 1994 (see s. 2 and Gazette
10 Jun 1994 p. 2373) |
|||
|
Acts Amendment (Department of Transport) Act 1993
Pt. 11 |
47 of 1993 |
20 Dec 1993 |
1 Jan 1994 (see s. 2 and Gazette
31 Dec 1993 p. 6861) |
|||
|
Sunday Observance Laws Amendment and Repeal Act 1997
s. 5 |
49 of 1997 |
10 Dec 1997 |
10 Dec 1997 (see s. 2) |
|||
|
Reprint of the Pollution of Waters by Oil and Noxious
Substances Act 1987 as at 12 Oct 2001 (includes amendments
listed above) |
||||||
|
Ports and Marine Legislation Amendment Act 2003
Pt. 3 |
71 of 2003 |
15 Dec 2003 |
15 Dec 2003 (see s. 2(1)) |
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|
Courts Legislation Amendment and Repeal Act 2004
s. 141 |
59 of 2004 |
23 Nov 2004 |
1 May 2005 (see s. 2 and Gazette 31 Dec 2004
p. 7128) |
|||
|
Criminal Procedure and Appeals (Consequential and Other
Provisions) Act 2004 s. 78 |
84 of 2004 |
16 Dec 2004 |
2 May 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7129 (correction in Gazette 7 Jan 2005
p. 53)) |
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2 Repealed by the Port Authorities (Consequential Provisions)
Act 1999.
3 On the date as at which this compilation was prepared the
amendments to the Western Australian Marine Act 1982 which are to be
effected by the Western Australian Marine Amendment Act 1987
s. 6 had not come into operation. The relevant part of s. 6
reads:
“
6. Divisions 6 and 7 of Part IV inserted
After Division 5 of Part IV of the principal Act, the following Divisions
are inserted —
“
Division 6 — Prevention of Pollution from
Ships Convention (Ships Carrying or Using Oil)
90A. Interpretation
(1) In this Division, unless the contrary intention
appears —
“Annex I” means Annex I to the Prevention of Pollution
from Ships Convention;
“foreign ship” means a ship that is not an Australian
ship.
(2) Except in so far as the contrary intention appears, an expression that
is used in this Division and in the Prevention of Pollution from Ships
Convention, including Annex I but not including any other Annex to that
Convention, (whether or not a particular meaning is assigned to it by that
Convention) has, in this Division, the same meaning as in that
Convention.
(3) For the purposes of this Division, a ship shall not be taken to comply
with the provisions of Annex I if it does not comply with the regulations and
orders referred to in section 90B.
90B. Regulations to give effect to Regulations 13 to 19 (inclusive) of
Annex I
(1) The regulations may make provision for and in relation to giving
effect to Regulations 13 to 19 (inclusive) of Annex I.
(2) Without limiting the generality of subsection (1), regulations made
for the purposes of that subsection may empower the Minister to make orders with
respect to any matter for or in relation to which provision may be made by the
regulations by virtue of this section.
(3) Sections 37, 41 and 42 of the Interpretation Act 1984
apply in relation to orders made in pursuance of regulations made under
subsection (1) as if references in those sections to regulations were references
to such orders and references in those sections to an Act included a reference
to regulations.
(4) Unless the contrary intention appears, expressions used in orders made
in pursuance of the regulations made under subsection (1) have the same meanings
as in this Division.
(5) Orders made in pursuance of the regulations made under subsection (1)
shall be read subject to this Act and the regulations and so as not to exceed
the power conferred by this Act and the regulations to the intent that where
such orders would, but for this subsection, have been construed as being in
excess of the power conferred by subsection (1) and the regulations, they shall
be deemed to be valid orders to the extent that they are not in excess of that
power.
(6) Where an order made in pursuance of the regulations made under
subsection (1) is inconsistent with a provision of this Act or the regulations,
the latter shall prevail and the former shall, to the extent of the
inconsistency, be of no force or effect.
”.
[*] Reference is made to the Recommendation
on International Performance Specifications for Oily-Water Separating Equipment
and Oil Content Meters adopted by the Organization by Resolution
A.233(VII).
[**] Reference is made to
“Clean Seas Guide for Oil Tankers”, published by the International
Chamber of Shipping and the Oil Companies International Marine
Forum.
[*] Reference is made to the
Recommendation on International Performance Specifications for Oily-Water
Separating Equipment and Oil Content Meters adopted by the Organization by
Resolution A.233(VII).
[*] Reference is made
to the Recommendation on International Performance Specifications for Oily-Water
Separating Equipment and Oil Content Meters adopted by the Organization by
Resolution A.233(VII).
[*] The list of oils shall not necessarily
be considered as comprehensive.
[*] Delete as
appropriate.
[*] Delete as
appropriate.
[1] This Part should
be completed for oil tankers including combination carriers and asphalt
carriers, and those entries which are applicable should be completed for ships
other than oil tankers which are constructed and utilized to carry oil in bulk
of an aggregate capacity of 200 cubic metres or above.
[2] Part B need not be reproduced
on a Certificate issued to any ship other than those referred to in footnote
1.
[3] Delete as
appropriate.
[*] End of Part
B.
[4] This entry need not be
reproduced on a Certificate other than the first Certificate issued to any
ship.
[*] Reference is made to the
Recommendation on International Performance and Test Specifications for
Oily-Water Separating Equipment and Oil Content Meters adopted by the
Organization by Resolution A.393(X).
[*] Delete as
appropriate
[*] Delete as
appropriate
[*] This Part should be
completed for oil tankers including combination carriers, and those entries
which are applicable should be completed for ships other than oil tankers which
are constructed and utilized to carry oil in bulk of an aggregate capacity of
200 cubic metres or above.
[*] Delete as
appropriate.
[*] Delete as
appropriate.
[**] Delete if not
applicable.
[*] Delete if not
applicable.
[**] Delete as
appropriate.
[**] Delete as
appropriate.
[*] This Supplement should be attached to
the Oil Record Book for oil tankers operating with dedicated clean ballast tanks
in accordance with Regulation 13A of Annex I of the Protocol of 1978
Relating to the International Convention for the Prevention of Pollution from
Ships, 1973. Other information as required should be entered in the Oil Record
Book.
[*] This Supplement should be attached to
the Oil Record Book for crude oil tankers operating with a cargo tank cleaning
procedure using crude oil washing in accordance with Regulation 13B of
Annex I of the Protocol of 1978 Relating to the International Convention for the
Prevention of Pollution from Ships, 1973, and is intended to replace Section (e)
of the Oil Record Book. Details of ballasting and deballasting and other
information required should he entered in the Oil Record
Book.
[Note 1] When an individual tank has
more machines than can be operated simultaneously, as described in the
Operations and Equipment Manual, then the section being crude oil washed should
be identified, e.g. No. 2 centre, forward section.
[Note 2] In accordance with the operations
and Equipment Manual, enter whether single-stage or multi-stage method of
washing is employed. If multi-stage method is used, give the vertical arc
covered by the machines and the number of times that arc is covered for that
particular stage of the programme.
[Note 3] If the programmes given in the
operations and Equipment Manual are not followed, then details must be given
under Remarks.
[*] This Supplement should be attached to
the Oil Record Book for oil tankers engaged in specific trades in accordance
with Regulation 13C of Annex I of the Protocol of 1978 Relating to the
International Convention for the Prevention of Pollution from Ships, 1973, and
is intended to replace Sections (d), (f), (g) and (i) of the Oil Record Book.
Other information required should be entered in the Oil Record
Book.
[*] Delete as
appropriate.
[*] Delete as
appropriate.
[*] Insert the date three
years after the date of entry into force of the
Convention.
[*] Insert the date three years
after the date of entry into force of the
Convention.
[*] Insert the date two years
or four years after the date of entry into force of the Convention as
appropriate.
[*] Insert the date three
years after the date of entry into force of the
Convention.
[**] Only those outlets which
can he monitored are to be indicated.
[*]
This sentence should only be inserted for the Oil Record Book of a tanker
engaged in a specific
trade.
[1] When an individual
tank has more machines than can he operated simultaneously, as described in the
Operations and Equipment Manual, then the section being crude oil washed should
he identified, e.g. No. 2 centre, forward
section.
[2] In accordance with
the Operations and Equipment Manual, enter whether single-stage or multi-stage
method of washing is employed. If multi-stage method is used, give the vertical
arc covered by the machines and the number of times that arc is covered for that
particular stage of the programme.
[3] If the programmes given in
the Operations and Equipment Manual are not followed, then the reasons must be
given under Remarks.
[4]
Hand hosing, machine washing and/or chemical cleaning. Where
chemically cleaned, the chemical concerned and amount used should be
stated.
[*] Delete as
appropriate.”
[*] Asterisk indicates
that the substance has been provisionally included in this list and that further
data are necessary in order to complete the evaluation of its environmental
hazards, particularly in relation to living resources.