Marine Pollution Act 2012 (NSW)

Marine Pollution Act 2012 No 5

An Act to protect the State's marine and coastal environment from pollution by oil and certain other marine pollutants discharged from ships; to repeal the Marine Pollution Act 1987; and for other purposes.

Part 1 Preliminary

1 Name of Act This Act is the Marine Pollution Act 2012.

2 Commencement This Act commences on a day or days to be appointed by proclamation.

2A Object of Act (1) The object of this Act is to enhance the protection of New South Wales State waters from marine pollution from vessels. (2) This object is to be achieved primarily by giving effect to the relevant provisions of the following Annexes of MARPOL— • Annex I, which deals with prevention of pollution by oil, • Annex II, which deals with control of pollution by noxious liquid substances in bulk, • Annex III, which deals with prevention of pollution by harmful substances in packaged form, • Annex IV, which deals with prevention of pollution by sewage, • Annex V, which deals with prevention of pollution by garbage. (3) The object is also to be achieved by providing— (a) an approach to protecting New South Wales State waters from ship-sourced pollutants that is complementary to the approach of the Commonwealth, and (b) an effective framework for the protection of New South Wales State waters from pollution from vessels, and (c) for the investigation of marine pollution incidents and for appropriate action following a marine pollution incident, and (d) for the imposition of penalties on persons who pollute New South Wales State waters in contravention of this Act.

3 Definitions In this Act— Australian ship means— (a) a ship registered in Australia, or (b) an unregistered ship having Australian nationality. cargo record book, in relation to a ship, means a book required to be carried on board the ship by section 124. certified— (a) in relation to a ship with a home port in this State—means certified by Transport for NSW or the Australian Maritime Safety Authority, or (b) in relation to an Australian ship with a home port outside this State—means certified by the Australian Maritime Safety Authority or by the interstate maritime authority that regulates its home port, or (c) in relation to a ship having nationality outside Australia—means certified by the relevant national maritime authority of the country whose flag the ship is entitled to fly. discharging includes jettisoning. foreign ship means a ship that is not an Australian ship. function includes a power, authority or duty, and exercise a function includes perform a duty. garbage discharge requirements placard, in relation to a ship, means a placard required to be displayed on the ship by section 110. garbage management plan, in relation to a ship, means a plan required to be carried on board the ship by section 107. garbage record book— (a) in relation to a ship—means a book required to be carried on board the ship by section 135, or (b) in relation to a platform—means a book required to be carried on the platform by section 136. Government ship has the same meaning as in section 13 (1) of the Protection of the Sea (Civil Liability) Act 1981 of the Commonwealth. harmful substance means a substance that is identified as a marine pollutant in the International Maritime Dangerous Goods Code and includes a substance that meets the criteria in the Appendix of Annex III of MARPOL. inspector means a person who is appointed under section 226 to be an inspector for the purposes of this Act. International Maritime Dangerous Goods Code means the Code adopted by the International Maritime Organization by resolution A.716(17), as amended from time to time. jettisoning includes leakage and accidental discharge or loss overboard. large ship means a ship— (a) that has a gross tonnage of 400 or more, or (b) that has a gross tonnage of less than 400 and that is certified to carry more than 15 persons, or (c) that does not have a measured tonnage and is certified to carry more than 15 persons. marine pollutant means any one, or any combination, of the following substances (whether in bulk, packaged or another form)— (a) oil, (b) a noxious liquid substance, (c) a harmful substance, whether or not in packaged form, (d) sewage, (e) garbage. MARPOL means the International Convention for the Prevention of Pollution from Ships, 1973— (a) as corrected by the Proces-Verbal of Rectification dated 13 June 1978, and (b) as affected by any amendment made under Article 16 of MARPOL, other than an amendment not accepted by Australia or that has not entered into force in Australia, and (c) as modified and added to by the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973, as affected by any amendment to that Protocol made under Article VI of that Protocol other than an amendment not accepted by Australia or that has not entered into force in Australia.