Protection of the Sea (Prevention of Pollution from Ships) Amendment (Oil Transfers) Act 2011 (Cth)

Protection of the Sea (Prevention of Pollution from Ships) Amendment (Oil Transfers) Act 2011

No. 90, 2011

An Act to amend the Protection of the Sea (Prevention of Pollution from Ships) Act 1983, and for related purposes

Contents 1 Short title 2 Commencement 3 Schedule(s) Schedule 1—Amendments Protection of the Sea (Prevention of Pollution from Ships) Act 1983

Protection of the Sea (Prevention of Pollution from Ships) Amendment (Oil Transfers) Act 2011 No. 90, 2011

An Act to amend the Protection of the Sea (Prevention of Pollution from Ships) Act 1983, and for related purposes

[Assented to 4 August 2011]

The Parliament of Australia enacts:

1 Short title This Act may be cited as the Protection of the Sea (Prevention of Pollution from Ships) Amendment (Oil Transfers) Act 2011.

2 Commencement This Act commences on the day after this Act receives the Royal Assent.

3 Schedule(s) Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendments

Protection of the Sea (Prevention of Pollution from Ships) Act 1983

1 After section 11A Insert:

11B Transfer of oil cargo between oil tankers—transfer to be in accordance with ship‑to‑ship operations plan (1) A person commits an offence if: (a) the person is the master of an oil tanker (the subject oil tanker); and (b) the subject oil tanker has a gross tonnage of 150 or more; and (c) the subject oil tanker is engaged in the transfer of oil cargo with another oil tanker that has a gross tonnage of 150 or more; and (d) one of the following subparagraphs applies: (i) the transfer occurs while the subject oil tanker is in the sea near a State, the Jervis Bay Territory or an external Territory and there is no law of that State or Territory that makes provision giving effect to Regulation 41 of Annex I to the Convention in relation to that sea; (ii) the transfer occurs while the subject oil tanker is in the exclusive economic zone; (iii) the transfer occurs while the subject oil tanker is beyond the exclusive economic zone and the subject oil tanker is an Australian ship; and (e) the transfer is not in accordance with the subject oil tanker's ship‑to‑ship operations plan. Penalty: 200 penalty units. (2) For the purposes of this section, a ship‑to‑ship operations plan for an oil tanker is: (a) if the oil tanker is an Australian ship—a plan: (i) that is in accordance with the appropriate prescribed form; and (ii) that is written in the working language of the master of, and the officers on board, the oil tanker; or (b) otherwise—a plan referred to in paragraph 1 of Regulation 41 of Annex I to the Convention.