New South Wales Consolidated Acts New South Wales Consolidated ActsIn this Act--
"Australian ship" means--
(a) a ship registered in Australia, or
(b) an unregistered ship having Australian nationality.
(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.
(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.
(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.
(a) oil,
(b) a noxious liquid substance,
(c) a harmful substance, whether or not in packaged form,
(d) sewage,
(e) garbage.
(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.
Note : The full text of the 1973 Convention and the 1978 Protocol referred to in this definition (including all amendments) can be found by searching for "MARPOL" on the website of the Australian Maritime Safety Authority (www.amsa.gov.au). The amendments accepted by Australia are the amendments reproduced on that website.
(a) in relation to a place on land (other than a pipeline) means--(i) the person exercising personally or by employees or agents the right of occupation of the land, or(ii) if there is no occupier--the owner of the land, and, in the case of a vehicle, includes the person in charge and the owner of the vehicle, but does not include the occupier or owner of the land on or over which the vehicle stands or moves, and
(b) in relation to a pipeline means--(i) the owner of the pipeline, and(ii) the lessee, licensee or user of any lease, licence or right of user for the use of the pipeline for the carriage of oil or a noxious liquid substance or any combination of those substances (whether in bulk, packaged or another form).
(a) any structure or apparatus on or above or below the surface of any land,
(b) any thing or vehicle resting on or moving over land,
(c) any thing resting on or lying under the bed, bank or shore of any State waters,
(d) a pipeline,
(e) any thing afloat (other than a ship) if it is anchored or attached to the bed, bank or shore of any State waters or is used in any operation for the exploration of the sea-bed or subsoil beneath any State waters or for the exploitation of the natural resources of that sea-bed or subsoil.
(a) a hydrofoil boat, or
(b) an air-cushion vehicle, or
(c) a submersible or submarine, or
(d) a floating craft, or
(e) a fixed or floating platform, or
(f) a barge (whether self-propelled or not), or
(g) a sea-plane, or
(h) a floating dock (whether self-propelled or not).
(a) coastal waters of the State, within the meaning of Part 10 of the Interpretation Act 1987 , and
(b) waters within the limits of the State.
(a) chemicals or other substances in quantities or concentrations that are hazardous to the marine environment, or
(b) chemicals or other substances that have been introduced for the purpose of attempting to prevent the application of section 15, 16 or 17 to the discharge of a mixture containing oil from a ship.
(a) damage deliberately caused by the master or owner of, or a member of the crew of, the ship,
(b) damage recklessly caused by the master or owner of, or a member of the crew of, the ship, with the knowledge that damage would probably result,
(c) damage arising as a result of the negligence of the master or owner of, or a member of the crew of, the ship,
(d) deterioration resulting from failure to maintain the ship or equipment,
(e) defects that develop during the normal operation of the ship or equipment.
(a) that has not been categorised in accordance with Regulation 6.1 of Annex II of MARPOL, and
(b) that has not been provisionally assessed in accordance with Regulation 6.3 of Annex II of MARPOL.