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TASMANIA
__________
POLLUTION OF WATERS BY OIL AND NOXIOUS
SUBSTANCES AMENDMENT BILL 2013
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 25CB amended (Prohibition on discharge of sewage into
State waters)
6. Section 25CC inserted
25CC. Sewage management directives
7. Repeal of Act
[Bill 68]-VI
2
POLLUTION OF WATERS BY OIL AND NOXIOUS
SUBSTANCES AMENDMENT BILL 2013
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
P. R. ALCOCK, Clerk of the House
12 November 2013
(Brought in by the Minister for Environment, Parks and
Heritage, the Honourable Brian Neal Wightman)
A BILL FOR
An Act to amend the Pollution of Waters by Oil and
Noxious Substances Act 1987
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Pollution of Waters
by Oil and Noxious Substances Amendment Act
2013.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
[Bill 68] 3
Pollution of Waters by Oil and Noxious Substances Amendment
Act 2013
Act No. of
s. 3
3. Principal Act
In this Act, the Pollution of Waters by Oil and
Noxious Substances Act 1987* is referred to as
the Principal Act.
4. Section 3 amended (Interpretation)
The definition of State waters in section 3(1) of
the Principal Act is amended as follows:
(a) by omitting paragraph (a) and
substituting the following paragraph:
(a) the waters of the territorial sea
adjacent to the State that are
within 3 nautical miles of the
seaward side of the baseline of
the territorial sea, by reference to
which the territorial limits of
Australia are defined for the
purposes of international law;
(b) by omitting from paragraph (b) "the
territorial sea" and substituting "that
baseline of the territorial sea".
5. Section 25CB amended (Prohibition on discharge of
sewage into State waters)
Section 25CB(2) of the Principal Act is amended
by inserting after paragraph (a) the following
paragraph:
*No. 95 of 1987
4
Pollution of Waters by Oil and Noxious Substances Amendment
Act 2013
Act No. of
s. 6
(ab) if -
(i) the ship is not a ship to which
Annex IV to the Convention
applies; and
(ii) the discharge complies with a
sewage management directive
issued by the Director under
section 25CC; or
6. Section 25CC inserted
After section 25CB of the Principal Act, the
following section is inserted in Division 2AB:
25CC. Sewage management directives
(1) After consulting with the Director of
Public Health appointed under section 6
of the Public Health Act 1997, the
Director may issue a directive in respect
of the management of the discharge of
sewage by certain vessels in State waters.
(2) A sewage management directive is to
specify -
(a) the vessels to which it applies, if
it only applies to certain vessels;
and
(b) the waters to which it applies, if it
only applies to certain waters.
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Pollution of Waters by Oil and Noxious Substances Amendment
Act 2013
Act No. of
s. 6
(3) A sewage management directive may
specify any one or more of the following:
(a) the application of different or
variable requirements on vessels
in respect of the discharge of
sewage;
(b) the waters in which the discharge
of sewage is prohibited;
(c) the waters in which the discharge
of sewage is restricted;
(d) the application of different
treatment standards;
(e) any other matter the Director
considers necessary for
ensuring -
(i) the protection of the
aquatic environment from
pollution by sewage from
vessels; or
(ii) the health and safety of
human beings in relation
to such pollution of the
aquatic environment.
(4) For the avoidance of doubt, a sewage
management directive may do any one or
more of the following:
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Pollution of Waters by Oil and Noxious Substances Amendment
Act 2013
Act No. of
s. 6
(a) apply to more than one type of
vessel;
(b) apply to more than one area of
waters;
(c) be made so as to apply differently
according to the matters,
limitations or restrictions,
whether as to time, circumstance
or otherwise, specified in the
sewage management directive.
(5) After making a sewage management
directive under subsection (1), the
Director is to notify by public notice -
(a) that the sewage management
directive has been made; and
(b) where a copy of the sewage
management directive may be
obtained.
(6) A sewage management directive takes
effect -
(a) on the day specified in the
sewage management directive,
being a day that is on or after the
day on which the making of the
sewage management directive is
notified under subsection (5); or
(b) if no such day is specified, on the
day after the day on which the
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Pollution of Waters by Oil and Noxious Substances Amendment
Act 2013
Act No. of
s. 7
making of the sewage
management directive is notified
under subsection (5).
7. Repeal of Act
This Act is repealed on the three hundred and
sixty fifth day from the day on which it
commences.
8 Government Printer, Tasmania