Part 7 Control of toilet and galley waste from vessels
In this Part:aquaculture means the commercial production, including breeding, hatching, rearing or cultivation, of marine, estuarine or fresh water organisms, including aquatic plants or animals (such as fin fish, crustaceans, molluscs or other aquatic vertebrates).
certified on-board sewage treatment system means an on-board sewage treatment system that has been tested and certified as treating sewage in accordance with the sewage discharge standard by an authority certified by the National Association of Testing Authorities (NATA) as being competent to test and certify on-board sewage treatment systems.
Class 1 commercial vessel means a commercial vessel designated as a Class 1 (passenger vessel) under clause 14 of the Marine Safety (Commercial Vessels) Regulation 2010.
Class 4 commercial vessel means a commercial vessel designated as a Class 4 (hire and drive vessel) under clause 14 of the Marine Safety (Commercial Vessels) Regulation 2010.
commercial vessel means any vessel used or intended to be used for or in connection with any business or commercial activity, and includes (but is not limited to) a vessel used or intended to be used wholly or principally for:
(a) carrying passengers or cargo for hire or reward, whether within or outside State waters or in the course of overseas or interstate voyages, or(b) providing services to vessels for reward.greywater means galley waste and shower and bath water from a vessel and any other waste water from a vessel, but does not include waste from a toilet.
greywater tank means any permanent container or receptacle on a vessel that:
(a) is designed and constructed to receive discharge from any galley, bath or shower on the vessel and to retain the discharge for disposal at a waste collection facility, and(b) is separate from any holding tank if the waste collection facility to be used requires faecal matter to be discharged separately from any greywater.holding tank means any permanent container or receptacle on a vessel that is designed and constructed to receive waste from a toilet on the vessel and to retain the waste for disposal at a waste collection facility.
inland waters means navigable waters not subject to tidal influence.
length means length overall.
marina means premises consisting of one or more moorings, pontoons, jetties, piers or other structures (whether water-based or land-based) that are designed to provide:
(a) accommodation for, or a means of securing, a vessel, and(b) a slipway or some other way of taking a vessel out of the water, and(c) at least one of the following:(i) a shipwright service,(ii) sewage pumpout facilities for vessels,(iii) dinghy or tender storage,(iv) fuel for vessels,(v) engineering services for vessels,(vi) mechanical repair services for vessels,(vii) tender services,(viii) provisioning services for vessels,(ix) any other similar marine services or facilities.Murray River includes:
(a) the navigable waters of that part of the Darling River and its tributaries from the junction of that river with the Murray River upstream approximately 42 kilometres to the overhead crossing at Avoca, and(b) the navigable waters of the anabranches of the Murray River, and(c) the backed up waters of all dams and other impoundments on the Murray River from the South Australian border upstream to the source of the Murray River.navigable waters means all waters (whether or not in the State) that are from time to time capable of navigation and are open to or used by the public for navigation, whether on payment of a fee or otherwise.
on-board sewage treatment system means a sewage waste treatment system installed on a vessel.
operator of a marina means the person who has the control and management of the marina.
owner of a vessel has the same meaning as it has in section 7 of the Marine Safety Act 1998.
sewage discharge standard means the Standard specified in Schedule 4.
Sydney Harbour locality means the waters of Sydney Harbour, including the waters of all tidal bays, rivers and their tributaries connected or leading to the Harbour bounded by mean high water mark and lying to the west of a line commencing at the southernmost point of North Head and running to the northernmost point of South Head.
toilet includes a urinal.
treated sewage means sewage that has been treated in accordance with the sewage discharge standard.
untreated sewage means sewage that has not been treated in accordance with the sewage discharge standard.
vessel includes watercraft of any description used or capable of being used as a means of transportation on or in water.
waste collection facility means a facility that is designed and constructed to receive the contents of a holding tank, portable toilet or greywater tank and contains facilities where faecal matter can be discharged separately from greywater where signs at the facility indicate that this is a requirement.
Division 2 Sewage from vessels
26 No discharge of untreated sewage
(1) A person must not discharge or deposit untreated sewage from a vessel into any navigable waters or onto the bank or bed of any navigable waters unless the sewage is discharged or deposited:(a) into a waste collection facility, or(b) in accordance with an environment protection licence issued under the Protection of the Environment Operations Act 1997.Maximum penalty: 100 penalty units.
(2) The owner and master of a vessel are each guilty of an offence if untreated sewage is discharged or deposited from the vessel by any person in contravention of subclause (1).Maximum penalty: 100 penalty units.
(3) It is a defence to a prosecution for an offence under subclause (2) if the defendant shows that all reasonable measures were taken to prevent the discharge or deposit from the vessel.
27 No discharge zones for treated sewage
(1) This clause applies to the following waters:(a) all inland waters,(b) all intermittent closing and opening lagoons,(c) waters in, and waters within 500 metres of, any of the following:(i) an area in which aquaculture occurs,(ii) an area normally used for swimming,(iii) a beach,(iv) a marine park (within the meaning of the Marine Parks Act 1997),(v) an area declared to be an aquatic reserve under the Fisheries Management Act 1994,(d) waters in which, and waters with 500 metres of waters in which, there is any of the following:(i) a person,(ii) a moored or anchored vessel,(iii) a marina.(2) A person must not discharge or deposit treated sewage from a vessel into any waters to which this clause applies or onto the bank or bed of any such waters or any adjacent waters unless the sewage is discharged or deposited:(a) into a waste collection facility, or(b) in accordance with an environment protection licence issued under the Protection of the Environment Operations Act 1997.Maximum penalty: 100 penalty units.
(3) The owner and master of a vessel are each guilty of an offence if treated sewage is discharged or deposited from the vessel by any person in contravention of subclause (2).Maximum penalty: 100 penalty units.
(4) It is a defence to a prosecution for an offence under subclause (3) if the defendant shows that all reasonable measures were taken to prevent the discharge or deposit from the vessel.
28 On-board sewage treatment systems to be certified
(1) The owner of a vessel operating in navigable waters is guilty of an offence if the vessel is fitted with an on-board sewage treatment system that is not a certified on-board sewage treatment system.(2) The owner of a vessel must ensure that any on-board sewage treatment system on the vessel:(a) is fitted in accordance with the manufacturer’s instructions (if any), and(b) is maintained in good condition, and(c) does not exceed its maximum treatment capacity as specified by the manufacturer.Maximum penalty: 100 penalty units.
29 Sewage requirements—Class 1 and Class 4 commercial vessels
(1) The owner of a Class 1 commercial vessel or a Class 4 commercial vessel must ensure that:(a) the vessel has a toilet fitted that is connected properly to a holding tank that:(i) is of a capacity that complies with Schedule 5, and(ii) complies with the provisions of Schedule 6 and has been tested in accordance with that Schedule, or(b) if it is not structurally possible to install a holding tank on the vessel or the vessel has a certified on-board sewage treatment system, there is a plan of management for the vessel that has been approved under clause 30.(2) The owner of a Class 1 commercial vessel or a Class 4 commercial vessel must ensure that any toilet, holding tank and associated fittings on the vessel are maintained in good condition.(3) The owner of a Class 1 commercial vessel or a Class 4 commercial vessel must not cause or permit any holding tank on the vessel to be modified or removed unless the consent in writing of the Minister is first obtained.(4) The owner of a Class 1 commercial vessel or a Class 4 commercial vessel for which a plan of management has been approved under clause 30 is guilty of an offence if the vessel is operated in contravention of the plan of management.Maximum penalty: 100 penalty units.
30 Plans of management for waste from vessels
(1) The owner of a Class 1 commercial vessel or a Class 4 commercial vessel may submit a plan of management to the Minister for approval for the management of waste in relation to the vessel.(2) A plan of management submitted to the Minister for approval must:(a) be in a form approved by the Minister, and(b) be accompanied by an application fee of $150, and(c) describe the proposed operations of the vessel, and(d) specify the waters in which the vessel will operate, and(e) specify the areas of those waters in which treated sewage may be discharged from the vessel and the areas in which no sewage may be discharged from the vessel, as prescribed by this Regulation, and(f) indicate the maximum number of persons likely to be on board the vessel.(3) The Minister may, after consultation with the applicant for approval, include any additional provisions in a plan of management before it is approved.(4) If the Minister determines that an inspection of the vessel the subject of the proposed plan of management is required, an additional inspection fee is payable to the Minister on completion of the inspection calculated on the basis of the time taken to make the inspection at the hourly rate of $120.(5) The Minister may:(a) approve a plan of management unconditionally or subject to conditions, or(b) refuse to approve a plan of management.(6) The Minister may, by notice in writing served on the owner of a vessel, vary an approved plan of management for the vessel or revoke the approval of a plan of management for the vessel.
Division 3 Other discharge from vessels
31 Vessels to which Division applies
This Division applies to the following vessels:(a) a commercial vessel used on the Murray River, the hull construction of which commenced, or in which a greywater tank was installed, on or after 1 January 2005,(b) a commercial vessel used in the Sydney Harbour locality, the hull construction of which commenced, or in which a holding tank or a greywater tank was installed, on or after 1 January 2005,(c) a Class 1 commercial vessel or Class 4 commercial vessel not referred to in paragraph (a) or (b), the hull construction of which commenced on or after 1 January 2005.
32 Requirements for greywater tanks
(1) The owner of a vessel to which this Division applies must ensure that:(a) any sink, basin, washbowl or similar permanent container into which greywater is discharged on a vessel is connected to a greywater tank on the vessel, and(b) the greywater tank, the fittings leading from the galley to the tank and the fittings used for the discharge of the contents of the tank are:(i) fabricated from stainless steel, polyester fibreglass, polyvinyl chloride or some other corrosion-resistant material, or(ii) protected internally by polyester fibreglass, rubber or some other continuous liner and protected externally by a coating.Maximum penalty: 100 penalty units.
(2) As an alternative to complying with subclause (1), the owner of any of the following may instead ensure that an on-board greywater treatment system that complies with Australian Standard AS 4995—2009, Greywater treatment systems for vessels operated on inland waters is operated on the vessel:(a) a vessel referred to in clause 31 (a) or (c),(b) a vessel referred to in clause 31 (b) that is not a Class 1 commercial vessel.
33 Maintenance of greywater tanks
The owner of a vessel must ensure that the greywater tank on the vessel is maintained in a good and serviceable condition.Maximum penalty: 100 penalty units.
34 Requirement for the proper discharge and flushing of galley waste
(1) A person must not discharge or deposit the contents of a greywater tank on a vessel, or flush a greywater treatment system on a vessel, into or onto any navigable waters or the bank or bed of any navigable waters unless the contents are discharged, deposited or flushed:(a) into a waste collection facility, or(b) in accordance with an environment protection licence issued under the Protection of the Environment Operations Act 1997.Maximum penalty: 100 penalty units.
(2) The owner and master of a vessel are each guilty of an offence if the contents of a greywater tank on the vessel are discharged or deposited from the vessel, or the contents of a greywater treatment system are flushed from the vessel, by any person in contravention of subclause (1).Maximum penalty: 100 penalty units.
(3) It is a defence to a prosecution under subclause (2) if the defendant shows that all reasonable measures were taken to prevent the discharge, deposit or flushing from the vessel.(4) The owner of a vessel with a greywater treatment system must ensure that the system is flushed with fresh water as often as is reasonably necessary to ensure the efficient operation of the system, having regard to the type of treatment system, the size of the tank, the number of berths on the vessel and the manufacturer’s instructions.Maximum penalty: 100 penalty units.
Division 4 Provision of waste collection facilities
35 Requirements for commercial marina operators
The operator of any marina in the Sydney Harbour locality that is being operated on a commercial basis must ensure that:(a) there is an adequate and readily accessible waste collection facility at the marina for use by all vessels moored at the marina, and(b) the waste collection facility is maintained in good order and condition so that it is available for efficient use.Maximum penalty: 100 penalty units.
Division 5 Directions regarding discharge of waste
36 Authorised officer may give certain directions
(1) An authorised officer (within the meaning of the Marine Safety Act 1998) may direct the owner or master of a vessel from which sewage or other waste is being discharged or deposited in contravention of this Part to do any or all of the following:(a) to take specified action to ensure that no further sewage or waste is so discharged or deposited,(b) to return the vessel to its mooring,(c) if the vessel is a commercial vessel, to cease commercial operations until:(i) any action specified under paragraph (a) has been taken, and(ii) an authorised officer has inspected the vessel and approved in writing of the vessel resuming those commercial operations.(2) A direction referred to in subclause (1) (b) or (c) may be given only if the authorised officer considers that it is necessary to prevent the further discharge or deposit of waste from the vessel concerned.(3) The owner or master of a vessel to whom a direction is given under this clause must not fail to comply with the direction.Maximum penalty: 100 penalty units.