MARINE POLLUTION ACT 2012

New South Wales Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Download] [History] [Help]

- As at 25 March 2024
- Act 5 of 2012

TABLE OF PROVISIONS

Long Title

PART 1 - PRELIMINARY

1. Name of Act
2. Commencement
2A. Object of Act
3. Definitions
4. Expressions used in this Act and MARPOL
5. Meaning of "responsible"
5A. Meaning of "transfer operation"
5B. References to "certified to carry"
6. Time when ship taken to be proceeding on voyage
7. References to tonnage
8. Notes

PART 2 - APPLICATION OF ACT

9. Saving of other laws
10. Act subject to Ports and Maritime Administration Act 1995
11. Detention of ships and holding of security over them: exclusion of matters from operation of Commonwealth Act
12. Application of Act to mixtures of marine pollutants
13. Discharge outside State waters that enters State waters
14. Discharges to which Act does not apply

PART 3 - PREVENTION OF POLLUTION BY OIL

Division 1 - Offences relating to discharge of oil
Note

15. Discharging oil into State waters from a ship prohibited
16. Causing discharge of oil into State waters from a ship prohibited
17. Offence of being responsible for discharge of oil into State waters from a ship

Division 2 - Defences

18. Defence if discharge was caused by damage to ship or equipment
19. Defence if discharge was to secure safety or save life
20. Defence if discharge was for purpose of combating pollution
21. Defence if discharge was authorised for training
22. Defence for certain ships 400 tons or more and oil tankers
23. (Repealed)
24. Defence for smaller ships and oil tankers
25. Defence for discharge of clean or segregated ballast from oil tankers

Division 3 - Offence relating to oil residues

26. Failing to retain oil residues

PART 4 - PREVENTION OF POLLUTION BY NOXIOUS LIQUID SUBSTANCES

Division 1 - Offences relating to carrying uncategorised noxious liquid substances
Note

27. Carrying uncategorised noxious liquid substances prohibited
28. Causing carriage of uncategorised noxious liquid substances prohibited

Division 2 - Offences relating to discharge of noxious liquid substances
Note

29. Discharging noxious liquid substances into State waters from ship prohibited
30. Causing discharge of noxious liquid substances into State waters from ship prohibited
31. Offence of being responsible for discharge of noxious liquid substances into State waters from a ship

Division 3 - Defences

32. Defence if discharge was caused by damage to ship or equipment
33. Defence if discharge was to secure safety or save life
34. Defence if discharge was for purpose of combating pollution
35-39. (Repealed)
40. Defence for discharge of bilge water
41. Defence for discharge of clean ballast or segregated ballast

Division 4 - Cleaning of tanks of ships

42. Regulations may make provision for cleaning of tanks of ships

PART 5 - PREVENTION OF POLLUTION BY HARMFUL SUBSTANCES IN PACKAGED FORM

Division 1 - Offences relating to carriage
Note

43. Certain carriage of harmful substances in packaged form prohibited
44. Causing certain carriage of harmful substances in packaged form prohibited

Division 2 - Offences relating to jettisoning
Note

45. Jettisoning of harmful substances in packaged form into State waters from ship prohibited
46. Causing jettisoning of harmful substances in packaged form into State waters from ship prohibited
47. Offence of being responsible for jettisoning of harmful substances in packaged form into State waters from a ship

Division 3 - Defences

48. Defence for jettisoning to secure safety or save life
49. Defence for certain leakages causing substances to be washed overboard

Division 4 - Miscellaneous

50. Part does not apply to stores or equipment
51. Leakages taken to be jettisoned
52. Empty packaging

PART 6 - PREVENTION OF POLLUTION BY SEWAGE

Division 1 - Offences relating to discharge of sewage
Note

53. Discharge of sewage into State waters from ship prohibited
54. Causing discharge of sewage into State waters from ship prohibited
55. Offence of being responsible for discharge of sewage into State waters from a ship
55A. Offence to have defective, altered or modified sewage systems
55B. Offence to discharge treated sewage in no discharge zones for certain vessels

Division 2 - Defences

56. Defence for discharge caused by damage to ship or equipment
57. Defence for discharge to secure safety or save life
58. (Repealed)
59. Defence of discharge of treated sewage

PART 7 - PREVENTION OF POLLUTION BY GARBAGE
Note
Note

Division 1 - Offences relating to discharge of garbage
Note

60. Discharging of garbage into State waters from ship prohibited
61. Causing discharge of garbage into State waters from ship prohibited
62. Offence of being responsible for discharge of garbage into State waters from a ship

Division 2 - Defences
Note

63. Defence if discharge was caused by damage to ship or equipment
64. Defence if discharge was to secure safety or save life
65. Defence if accidental loss of fishing gear
66. Defence if discharge of fishing gear in particular circumstances
66A. Defence if discharge is of more stringent requirement

PART 8 - PREVENTION OF POLLUTION FROM TRANSFER OPERATIONS

Division 1 - Application of Part

67. Meaning of "prescribed marine pollutant"

Division 2 - Offences relating to transfer operations

68. Discharge of prescribed marine pollutant from ship in transfer operation prohibited
69. Discharge of prescribed marine pollutant from place on land in transfer operation prohibited
70. Discharge of prescribed marine pollutant from apparatus on a ship used in transfer operation prohibited
71. Discharge of prescribed marine pollutant from apparatus on a place on land used in transfer operation prohibited
72. Offence of causing discharge of prescribed marine pollutant from pipeline in connection with transfer operation
73. Discharge of prescribed marine pollutant from pipeline in connection with transfer operation prohibited
74. (Repealed)

Division 3 - Discharges to which Division 2 does not apply

75. Division 2 does not apply to certain discharges
76. Division 2 does not apply to discharge for purposes of combating pollution incidents
77. Division 2 does not apply to certain licensed discharges

Division 4 - Record keeping relating to transfer operations

78. Keeping of records relating to transfer
79. Entries required to be made
80. Transmission of records relating to transfer operation
81. Disposal of records relating to transfer operation
82. False or misleading entries prohibited

Division 5 - Miscellaneous

83. Several liability
84. Multiple offenders
85. Prohibitions on discharges from ships still apply

PART 9 - REPORTING OF POLLUTION INCIDENTS

Division 1 - Meaning of "reportable incident"

86. Meaning of "reportable incident"

Division 2 - Master's obligations

87. Master must report reportable incident
88. Master must provide supplementary report if Minister requires it
89. Master must provide supplementary report if further developments arise

Division 3 - Obligations of other persons

90. Duty of other persons to report if ship abandoned or report cannot be obtained
91. Duty of other persons to report if report incomplete
92. Duty of other persons to provide supplementary report

Division 4 - Miscellaneous

93. False or misleading reports
94. Inadmissibility of certain evidence

PART 10 - EMERGENCY PLANS AND OTHER PLANS

Division 1 - Shipboard oil pollution emergency plan

95. Obligation to carry shipboard oil pollution emergency plan
96. Approval of shipboard oil pollution emergency plan
97. Contents of shipboard oil pollution emergency plan
98. Language of shipboard oil pollution emergency plan
99. Plans may be combined

Division 2 - Shipboard marine pollution emergency plan for noxious liquid substances

100. Obligation to carry shipboard marine pollution emergency plan for noxious liquid substances
101. Approval of shipboard marine pollution emergency plan for noxious liquid substances
102. Contents of shipboard marine pollution emergency plan for noxious liquid substances
103. Language of shipboard marine pollution emergency plan for noxious liquid substances

Division 3 - Procedures and arrangements manual

104. Procedures and arrangements manual required
105. Form and content of procedures and arrangements manual
106. Language of procedures and arrangements manual

Division 4 - Garbage management plan

107. Obligation to carry garbage management plan
108. Contents of garbage management plan
109. Language of garbage management plan

Division 5 - Placards relating to garbage discharge requirements

110. Placards relating to requirements for discharge of garbage
111. Content of garbage discharge requirements placard
112. Language of garbage discharge requirements placards

PART 11 - RECORD KEEPING

Division 1 - Requirement to carry oil record book

113. Requirement to carry an oil record book
114. Form of oil record book
115. Language of oil record book
116. Master must sign completed page of oil record book
117. Entries in relation to prescribed operations or occurrences
118. Entries in relation to inspections
119. False entries in oil record book
120. Oil record book to be retained on ship for one year
121. Oil record book to be retained
122. Master may be required to certify entry in oil record book
123. Admissibility of certified entry in oil record book

Division 2 - Requirement to carry cargo record book

124. Requirement to carry cargo record book
125. Form of cargo record book
126. Language of cargo record book
127. Master must sign completed page of cargo record book
128. Entries in relation to prescribed operations or occurrences
129. Entries in relation to inspections
130. False entries in cargo record book
131. Cargo record book to be retained on ship for one year
132. Cargo record book to be retained for two years
133. Master may be required to certify entry in cargo record book
134. Admissibility of certified entry in cargo record book

Division 3 - Requirement to carry garbage record book

135. Requirement to carry garbage record book on board ship
136. Requirement to carry garbage record book on platform
137. Minister may waive requirement to carry garbage record book
138. Form of garbage record book
139. Language of garbage record book
140. Master must sign completed page of garbage record book
141. Entries in relation to prescribed operations or occurrences
142. Entries in relation to inspections
143. False entries in garbage record book
144. Garbage record book to be retained on ship for one year
145. Garbage record book to be retained
146. Master may be required to certify entry in garbage record book
147. Admissibility of certified entry in garbage record book

PART 12 - CERTIFICATION OF CONSTRUCTION OF SHIPS

Division 1 - Regulations relating to construction of ships

148. Regulations relating to construction of ships
149. (Repealed)

Division 2 - Requirement for certification of certain ships

150. Requirement for ship construction certificate
151. Requirement for chemical tanker construction certificate
152. Requirement for sewage pollution prevention certificate
Divisions 3-8 - (Repealed)
None

PART 13 - SHIPS MUST BE INSURED AGAINST DAMAGE BY DISCHARGE OF OIL

173. Application of Part
174. Ships must be insured against oil pollution
175. Ships must carry evidence of insurance
176. Ship may be detained
177. Detained ship must not leave port

PART 14 - RECEPTION FACILITIES FOR COLLECTING WASTE

Division 1 - Minister may provide reception facilities

178. Minister may arrange for provision of reception facilities
179. Regulations concerning reception facilities

Division 2 - Minister may direct persons to provide reception facilities

180. Minister may require person to provide, maintain and make available reception facilities
181. Owner or occupier must comply with requirement relating to reception facilities
182. Notices

PART 15 - MINISTER MAY TAKE ACTION TO PREVENT OR CLEAN UP POLLUTION

183. Minister may take action to prevent or clean up marine pollution
184. Recovery of costs and expenses of preventative action or clean-up action
185. Costs and expenses incurred by Minister are charges on ship
186. Detention of ship until recovery of costs and expenses or giving of security
187. Detained ship must not leave port
188. Obstruction of officers is an offence
189. Oiled Wildlife Care Network

PART 16 - MARINE ENVIRONMENT PROTECTION NOTICES

Division 1 - Preliminary

190. Definitions
191. Classification of marine environment protection notices
192. Marine environment protection notices may be given orally

Division 2 - Marine pollution clean-up notices

193. Clean-up by polluters
194. Clean-up by public authorities
195. Fee

Division 3 - Marine pollution prevention notices

196. Meaning of environmentally unsatisfactory manner
197. Preventative action
198. Offence
199. Commencement of operation of marine pollution prevention notices or variations
200. Fee

Division 4 - Marine pollution prohibition notices

201. Prohibition on activities
202. Offence

Division 4A - Marine pollution removal notice

202A. Preventative action for abandoned, out-of-commission or derelict vessels
202B. Commencement of operation of marine pollution removal notices or variations
202C. Fee

Division 5 - Minister may take action if marine environment protection notice not complied with

203. Minister may take action in event of failure to comply
204. Obstruction of persons acting in compliance with notice is an offence

Division 6 - Compliance costs

205. Marine pollution compliance cost notices
206. Recovery of amounts

Division 7 - Recovery of costs and expenses if the Minister takes action

207. Costs and expenses incurred by Minister are charges on ship
208. Detention of ship until recovery of costs and expenses or giving of security
209. Detained ship must not leave port

Division 8 - Miscellaneous

210. Minister's other preventative powers not affected
211. Multiple notices
212. Extraterritorial application
213. Revocation or variation
214. Power to enter land
215. Obstruction of persons

PART 17 - RECOVERY OF COSTS, EXPENSES AND DAMAGES

Division 1 - Recovery of costs, expenses and damages by Minister or any other person

216. Recovery of damages, costs or expenses relating to discharge prohibited by Act
217. Recovery of loss, damage, costs or expenses

Division 2 - Joint liability for damage relating to transfer operations

218. Joint and several liability where oil or noxious liquid substance is discharged from pipeline
219. Several liability where oil or noxious liquid substance is discharged from 2 or more ships

Division 3 - Rights of recovery not affected

220. Rights of recovery not affected

PART 18 - DETENTION OF SHIPS AND TAKING OF SECURITIES

221. Ships that are believed to have discharged marine pollutants may be detained
222. Detained ships must not depart
223. Security may be required to be provided
224. Detained ships must be released if security provided or no liability
225. Security taken by Minister

PART 19 - ENFORCEMENT

Division 1 - Appointment of inspectors and authorised persons

226. Appointment of inspectors
227. Identity cards for inspectors and authorised persons

Division 2 - Powers of inspectors and authorised persons

228. Powers of inspectors and authorised persons
229. Inspectors and authorised persons may enter or inspect place on land
230. Inspector and authorised persons must not unnecessarily delay ships
231. Obstruction of inspectors and authorised persons
232. Inspectors and certain other persons have no personal liability

PART 20 - PROCEEDINGS FOR ENFORCEMENT

Division 1 - Proceedings for enforcement

233. Time within which proceedings may be commenced
234. Proceedings for offences
235. Offences by corporations

Division 2 - Penalties are charges on ship

236. Penalties are charges on ship
237. Detention of ship until recovery of penalty or provision of security

Division 3 - Evidence

238. Records are admissible as evidence
239. Proof of certain matters not required
240. Evidence of analysts

Division 4 - Miscellaneous

241. No double jeopardy
242. Defences operate separately

PART 21 - REGULATIONS AND ORDERS

243. Regulations
244. Regulations may prescribe decisions that are administratively reviewable by NCAT
245. Orders
246. Prescribing matters by reference to other instruments

PART 22 - MISCELLANEOUS

247. Delegation
248. Service of instruments (except in proceedings for offences)
249. Act to bind Crown
250. (Repealed)
251. Review of Act
Schedule 1 (Repealed)
SCHEDULE 2

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback