Marine Pollution Regulation 2024 (2024-56) (NSW)

Marine Pollution Regulation 2024

Part 1 Preliminary

1 Name of regulation This regulation is the Marine Pollution Regulation 2024.

2 Commencement This regulation commences on 25 March 2024.

Note— This regulation repeals and replaces the Marine Pollution Regulation 2014, which would otherwise be repealed on 1 September 2024 by the Subordinate Legislation Act 1989, section 10(2).

3 Definitions The dictionary in Schedule 7 defines words used in this regulation.

Note— The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this regulation.

Part 2 Oil

Division 1 Shipboard oil pollution emergency plans and oil spill response plans

4 Shipboard oil pollution emergency plan For the Act, section 97, a shipboard oil pollution emergency plan must comply with the requirements of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 of the Commonwealth, section 11A(4).

5 Trading ships visiting Lord Howe Island must have oil spill response plan—the Act, s 243(2)(c) (1) This section applies to a ship— (a) used wholly or primarily to carry cargo, and (b) on a voyage— (i) to or from Lord Howe Island, or (ii) on which Lord Howe Island is a port of call. (2) The master and owner of the ship are each guilty of an offence if the following are not carried on board the ship— (a) an oil spill response plan written in English and approved by the Minister that provides for the following— (i) the equipment, materials and substances that must be carried on board the ship to respond to an oil spill, (ii) the way the equipment, materials and substances must be stowed and maintained, (iii) the action to be taken by the master and crew of the ship if an oil spill occurs, (iv) the training that must be completed by the master and crew, (b) the equipment, materials and substances required by the oil spill response plan. Maximum penalty—$11,000. (3) The master and owner of the ship are each guilty of an offence if the master and crew of the ship have not been trained to apply the oil spill response plan. Maximum penalty—$11,000. (4) (Repealed) (5) An oil spill response plan may be approved by the Minister, either generally or for a specified ship.