New South Wales Consolidated Acts

MARINE POLLUTION ACT 2012 - SECT 243

243 Regulations

(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.

(2) In particular, regulations may be made for or with respect to any of the following--

(a) giving effect to MARPOL, other than provisions of MARPOL to which effect is given by a provision of this Act,

(b) empowering the Minister to make orders for and in relation to--

(i) giving effect to MARPOL, other than provisions of MARPOL to which effect is given by a provision of this Act, and

(ii) the fixing of fees to be paid in respect of any matters under the orders,

(c) preventing or regulating the pollution of State waters or other waters by vessels or by facilities used for loading, unloading, berthing or other operations of vessels,

(d) the installation and operation on vessels in particular State waters or other waters of toilet and other waste control facilities, the standards required to be met for the discharge of sewage, plans required for waste management and directions that may be given in relation to waste,

(e) the form in which records must be kept and the nature of the entries to be made in them,

(f) requiring the person keeping the records to retain them for a prescribed period and in a prescribed place,

(g) requiring the records, at the end of that period, to be transmitted to a place or person determined by or under the regulations,

(h) providing for the custody or disposal of the records after their transmission,

(i) fixing fees to be paid in respect of any matters under this Act,

(j) prescribing penalties, not exceeding $11,000, for a contravention of a provision of the regulations or of any of the orders made in pursuance of the regulations,

(k) exempting, either absolutely or subject to conditions, a prescribed ship or person, or ships or persons included in a prescribed class of ships or persons, from all or any of the provisions of this Act or of the regulations,

(l) prescribing the category or categories of vessels required to have sewage pollution prevention certificates, and the issue, survey, duration, renewal and cancellation or otherwise of the certificates.

(3) Regulations may apply--

(a) generally or in a particular class of case or in particular classes of case, and

(b) throughout the State and all State waters or in a part or parts of the State or State waters prescribed by the regulations.