Queensland Consolidated Acts

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

TRANSPORT OPERATIONS (MARINE POLLUTION) ACT 1995


- As at 17 September 2019 
- Act 2 of 1995 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

           Division 1 - Introduction

   1.      Short title
   2.      (Repealed)

           Division 2 - Act’s overall purpose

   3.      Overall purpose

           Division 3 - Interpretation

   4.      Definitions—the dictionary
   5.      Words and expressions used in MARPOL and this Act
   6.      Meaning of MARPOL
   7.      Meaning of agent
   7A.     Meaning of length overall

           Division 4 - Operation of Act

   8.      Act binds all persons
   9.      Discharge outside coastal waters that enters coastal waters

   PART 2 - INFORMATION ABOUT THIS ACT

   10.     Why this Act was enacted
   11.     Queensland’s jurisdiction
   12.     The ships this Act applies to
   13.     Ship’s general safety obligations, surveying and registration
   14.     How this Act interacts with other environmental laws

   PART 3 - (Repealed)

   PART 4 - PREVENTION OF POLLUTION BY OIL

           Division 1 - Purpose of part

   23.     Part gives effect to Annex I to MARPOL

           Division 2 - Interpretation

   24.     Definitions for part
   25.     Words and expressions used in Annex I to MARPOL and this part

           Division 3 - Discharge of oil prohibited

   26.     Discharge of oil into coastal waters prohibited
   27.     Oil residues

           Division 4 - Defences

   28.     Defences to discharge offence

           Division 5 - Exemptions

   29.     Certain discharges permissible

           Division 6 - General

   30.     Shipboard oil pollution emergency plan

   PART 5 - PREVENTION OF POLLUTION BY NOXIOUS LIQUID SUBSTANCES IN BULK

           Division 1 - Purpose and application of part

   31.     Part gives effect to Annex II to MARPOL
   32.     Application of part

           Division 2 - Interpretation

   33.     Definitions for part
   34.     Words and expressions used in Annex II to MARPOL and this part
   34A.    Recategorisation of substances

           Division 3 - Discharge of noxious liquid substances prohibited

   35.     Discharge of noxious liquid substances into coastal waters prohibited

           Division 4 - Defences

   36.     Defences to discharge offence

           Division 5 - Exemptions

   37.     Certain discharges permissible

           Division 6 - General

   38.     Procedures and arrangements manual
   38A.    Shipboard marine pollution emergency plan for noxious liquid substances

   PART 6 - PREVENTION OF POLLUTION BY PACKAGED HARMFUL SUBSTANCES

           Division 1 - Purpose of part

   39.     Part gives effect to Annex III to MARPOL

           Division 2 - Interpretation

   40.     Definitions for part
   41.     Words and expressions used in Annex III to MARPOL and this part

           Division 3 - Jettisoning of harmful substance prohibited

   42.     Jettisoning of harmful substances into coastal waters prohibited

           Division 4 - Defences

   43.     Defences to discharge offence

           Division 5 - Exemptions

   44.     Certain discharges permissible

   PART 7 - PREVENTION OF POLLUTION BY SEWAGE

           Division 1 - Interpretation

   45.     Definitions for pt 7
   46.     Words and expressions used in Annex IV to MARPOL and this part

           Division 2 - Discharge of sewage

   47.     Discharge of untreated sewage into nil discharge waters for untreated sewage prohibited
   48.     Discharge of treated sewage into nil discharge waters for treated sewage prohibited
   48A.    Ship with fixed toilet operating in prescribed nil discharge waters to be able to hold or treat sewage
   49.     Declared ship operating in prescribed nil discharge waters to be fitted with sewage holding device
   50.     Discharge of sewage from declared ship into nil discharge waters for sewage prohibited
   50A.    Discharge of sewage by prescribed ships
   51.     Shipboard sewage management plan

           Division 3 - Defence

   51A.    Defence to discharge offence

           Division 4 - General

   51B.    Treatment system to be in proper working order
   51C.    Other laws may also apply

           Division 5 - (Repealed)

   PART 8 - PREVENTION OF POLLUTION BY GARBAGE

           Division 1 - Purpose

   52.     Part gives effect to Annex V to MARPOL

           Division 2 - Interpretation

   53.     Definitions for part
   54.     Words and expressions used in Annex V to MARPOL and this part

           Division 3 - Disposal of garbage prohibited

   55.     Disposal of garbage into coastal waters prohibited
   55AA.   Placard about garbage disposal requirements
   55A.    Shipboard waste management plan

           Division 4 - Defences

   56.     Defences to discharge offence

           Division 5 - Exemptions

   57.     Certain disposals permissible

   PART 9 - TRANSFER OPERATIONS

           Division 1 - Purpose of part

   58.     Responsibility for pollution from transfer operations and other matters

           Division 2 - Interpretation

   59.     Definitions for part
   60.     Words and expressions used in Annex I or II to MARPOL and this part

           Division 3 - Discharge during transfer operation prohibited

   60A.    Obligation to monitor transfer operation
   61.     Discharge of pollutant into coastal waters prohibited

           Division 4 - Defences

   62.     Defences to discharge offence

           Division 5 - General

   63.     (Repealed)
   64.     Several liability—ships
   65.     Keeping of records about transfer etc.

   PART 10 - RECEPTION FACILITIES

   66.     Reception facilities

   PART 11 - REPORTING REQUIREMENTS

   67.     Duty to report certain incidents

   PART 11A - INSURANCE

   67A.    Ship’s owner to have insurance

   PART 12 - INVESTIGATION, PREVENTION AND MINIMISATION, AND ENFORCEMENT

           Division 1 - General

   68.     Functions of authorised officers
   69.     Authorised officer subject to directions of general manager
   70.     Powers of authorised officers
   71.     Limitation on powers of authorised officer

           Division 2 - Appointment of authorised officers and other matters

   72.     Appointment of authorised officers
   73.     Authorised officer’s appointment conditions
   74.     Authorised officer’s identity card
   75.     Production or display of authorised officer’s identity card
   76.     Protection from liability

           Division 3 - Powers of authorised officers

   77.     Entry to place by authorised officers
   78.     Warrants for entry
   79.     Warrants—applications made otherwise than in person
   80.     Boarding of ships
   81.     Authorised officer’s general powers for ships and places
   82.     Power to seize evidence from places
   83.     Power to seize after boarding ship
   84.     Power to detain ship
   85.     Procedure after detention of ship
   86.     Procedure after seizure of evidence
   86A.    Power to give notice in relation to discharge or likely discharge of pollutant

           Division 4 - Other enforcement powers of authorised officers

   87.     Power to require name and address
   88.     Power to require information from certain persons
   89.     Power to require production of documents

           Division 5 - Consent to entry of premises

   90.     Consent to entry
   91.     Evidence of consent

           Division 6 - Response action to discharge and authorised officer’s emergency powers

   92.     Purpose of division
   93.     State has prime responsibility for directing emergency response
   93A.    Marine pollution controller
   93B.    Protection from liability
   94.     Emergency declaration may overrule local law
   95.     Authorised officer’s powers in an emergency
   96.     Authorised officer may direct emergency release of pollutant

           Division 7 - Power of intervention

   97.     Definitions for division
   98.     Power of intervention
   99.     Directions under s 98 may require taking of action
   100.    Things to be done before power to intervene is exercised

           Division 8 - Offences

   101.    Failure to help authorised officer—emergency
   102.    Failure to help authorised officer—other cases
   103.    Failure to obey direction
   104.    Failure to give information
   105.    False or misleading statements
   106.    False or misleading documents
   107.    Obstruction of authorised persons
   108.    Impersonation of authorised officer

           Division 9 - General

   109.    Authorised officer to give notice of damage
   110.    Compensation

   PART 13 - DISCHARGE EXPENSES

   111.    Definitions for part
   112.    General manager to set amounts for costs and expenses relating to definition discharge expenses
   113.    Detained ship must be released on giving security
   114.    Other ways detained ship may be released
   115.    Recovery of discharge expenses
   116.    External review of decisions under s 115
   117.    (Repealed)

   PART 13A - SECURING COMPLIANCE WITH ACT

           Division 1 - Purpose

   117A.   Purpose of pt 13A

           Division 2 - Enforcement orders and interim enforcement orders

   117B.   Proceeding for enforcement order or interim enforcement order
   117C.   Making enforcement order
   117D.   Making interim enforcement order
   117E.   Effect of order
   117F.   Powers of District Court about enforcement order or interim enforcement order
   117G.   No undertaking as to damages or costs may be required
   117GA.  Further power of District Court if enforcement order is contravened
   117GB.  Recovery by State of expenses of taking authorised action
   117GC.  Recovery by other persons of damages in particular circumstances

           Division 3 - Undertakings

   117H.   General manager may seek division 3 undertaking
   117I.   Undertaking about other matter
   117J.   Variation and withdrawal of division 3 undertaking
   117K.   Enforcement of division 3 undertaking
   117L.   Register of division 3 undertakings

   PART 13B - REVIEW OF DECISIONS

   117M.   Internal review of decisions
   117N.   External review of decisions

   PART 14 - LEGAL PROCEEDINGS

           Division 1 - Evidence

   118.    Evidentiary provisions
   119.    Analyst’s certificate or report produced by defendant
   120.    Responsibility for acts or omissions of representatives
   121.    Executive officer may be taken to have committed offence

           Division 2 - Legal proceedings

   122.    How discharge expenses may be recovered
   123.    Indictable and summary offences
   124.    Proceedings for indictable offences
   125.    Limitation on who may summarily hear indictable offence proceedings
   126.    Limitation on time for starting summary proceedings
   126A.   Allegations of false or misleading statements or documents
   127.    Court may make orders about rehabilitation etc.

           Division 3 - Service

   128.    Special provision for service of documents

   PART 14A - PROTECTION FOR WHISTLEBLOWERS

   128A.   Definitions for pt 14A
   128B.   Application of pt 14A
   128C.   General limitation
   128D.   Liability for conduct unaffected
   128E.   Reprisal and grounds for reprisal
   128F.   Damages entitlement or other remedy for reprisal
   128G.   False or misleading statements
   128H.   False or misleading documents

   PART 15 - ADMINISTRATION

   129.    (Repealed)
   130.    Delegation by chief executive
   131.    (Repealed)
   132.    (Repealed)
   132A.   Delegation by marine pollution controller

   PART 15A - APPOINTMENT OF ANALYSTS

   132B.   Appointment and qualifications
   132C.   Appointment conditions
   132D.   When analyst stops holding office
   132E.   Resignation

   PART 16 - MISCELLANEOUS

   132F.   Recovery of damages
   132G.   Approval of forms
   133.    Regulation-making power
   134.    Exemption of defence ships from Act
   135.    (Repealed)

   PART 17 - TRANSITIONAL PROVISIONS

           Division 1 - Provisions for Maritime Safety Queensland Act 2002

   136.    Definitions for div 1
   137.    Transition of chief executive’s functions to general manager
   138.    Agreements
   139.    Notices
   140.    Appointments
   141.    Other things done by chief executive
   142.    Particular references to chief executive

           Division 2 - Provisions for Maritime and Other Legislation Amendment Act 2006

   143.    Application of s 62
   144.    (Repealed)
   145.    Authorised officers appointed by chief executive officer of port authority
   146.    Protection from liability for port authorised officers and others and continuing liability for port authorities
   147.    Making orders under s 127 and pt 13A, div 2
   148.    Delegation under s 132 as in force before commencement
   149.    Previous exercise of powers by port authority officer not affected
   150.    Emergency response powers under pt 12, div 6
   151.    Continuing liability of port authority for compensation
   152.    If port authority has started to recover discharge expenses before commencement
   153.    Application of s 118 to particular matters

           Division 3 - Provisions for Transport Legislation Amendment Act 2008, part 5

   154.    Appointments of analysts
   155.    Actions done and documents made by analysts
   156.    Recovery of damages

           Division 4 - Transitional provisions for Transport and Other Legislation Amendment Act 2008, part 7, division 1

   157.    Provision for prosecutions under previous s 38(4)
   158.    Application of s 50A

           Division 5 - (Repealed)

           Division 6 - Transitional provision for Transport and Other Legislation Amendment Act (No. 2) 2010

   160.    Application of s 49

           Division 7 - Transitional provisions for Transport Legislation (Road Safety and Other Matters) Amendment Act 2019

   161.    Recovery of discharge expenses incurred by particular entities
   162.    Securing compliance for particular offences
           SCHEDULE 1


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback