(Reg 37.1 of Annex I of MARPOL)(1) The master and the owner of a prescribed ship that is in State waters are each guilty of an offence if an approved shipboard oil pollution emergency plan is not carried on board the ship.
Maximum penalty: $55,000.(2) In proceedings for an offence against this section in relation to a ship, it is sufficient for the prosecution to allege and prove:(a) that the ship is a prescribed ship, and(b) that the ship was in State waters without an approved shipboard oil pollution emergency plan on board.(3) In this section:
approved, in relation to a shipboard oil pollution emergency plan, means approved by:(a) the Minister under this Division, or(b) an Administration, within the meaning of Article 2 of the Protocol to MARPOL.
prescribed ship means a ship:(a) that is an oil tanker that has a gross tonnage of 150 or more, or(b) that is not an oil tanker and that has a gross tonnage of 400 or more.
(Reg 37.1 of Annex I of MARPOL)The Minister may, on application by a master of a ship, approve the shipboard oil pollution emergency plan for the ship if, in the opinion of the Minister, it complies with this Division.
(Reg 37.2 of Annex I of MARPOL)(1) A shipboard oil pollution emergency plan must contain the matter prescribed by the regulations.(2) A shipboard oil pollution emergency plan must set out, but is not limited to, the following particulars:(a) the procedure to be followed by the master, any crew member, or any other person having charge of the ship in reporting a reportable incident in relation to the ship,(b) a list of the authorities or persons that are to be notified by persons on the ship if such a reportable incident occurs in relation to the ship,(c) a detailed description of the action to be taken immediately after a reportable incident by persons on board the ship to reduce or control any discharge from the ship resulting from the incident,(d) the procedures to be followed for co-ordinating with the authorities or persons that have been contacted (whether in Australia or in a country near to the place where the incident occurred) any action taken in combating the pollution caused by the incident and, in particular, the person on board the ship through whom all communications are to be made,(e) any action to be taken in combating the pollution caused by the incident and, in particular, the person on board the ship through whom all communications are to be made.(3) The procedure referred to in subsection (2) (a) must be in accordance with the procedure prescribed by the regulations under section 87 as the manner in which a reportable incident is to be reported under Part 9.(4) In this section, reportable incident has the same meaning as in section 86.
(Reg 37.2 of Annex I of MARPOL)The shipboard oil pollution emergency plan on a ship must be written in the working language of the master of, and the crew on board, the ship.
A ship complies with both sections 95 and 100 if it has on board a plan called a “shipboard marine pollution emergency plan” that complies with this Division and with Division 2.