1 Name of Act
2 Commencement
3 Definitions
4 Expressions used in this Act and MARPOL
5 Meaning of “responsible”
6 Time when ship taken to be proceeding on voyage
7 References to tonnage
8 Notes
9 Saving of other laws
10 Act subject to Ports and Maritime Administration Act 1995
11 Detention of ships and holding of security over them: exclusion of matters from operation of Commonwealth Act
12 Application of Act to mixtures of marine pollutants
13 Discharge outside State waters that enters State waters
14 Discharges to which Act does not apply
Part 3 Prevention of pollution by oil
Division 1 Offences relating to discharge of oil
15 Discharging oil into State waters from a ship prohibited
16 Causing discharge of oil into State waters from a ship prohibited
17 Offence of being responsible for discharge of oil into State waters from a ship
18 Defence if discharge was caused by damage to ship or equipment
19 Defence if discharge was to secure safety or save life
20 Defence if discharge was for purpose of combating pollution
21 Defence if discharge was authorised for training
22 Defence for certain ships 400 tonnes or more and oil tankers not within special areas
23 Defence for certain ships 400 tonnes or more and oil tankers within special areas
24 Defence for smaller ships and oil tankers
25 Defence for discharge of clean or segregated ballast from oil tankers
Division 3 Offence relating to oil residues
26 Failing to retain oil residues
Part 4 Prevention of pollution by noxious liquid substances
Division 1 Offences relating to carrying uncategorised noxious liquid substances
27 Carrying uncategorised noxious liquid substances prohibited
28 Causing carriage of uncategorised noxious liquid substances prohibited
Division 2 Offences relating to discharge of noxious liquid substances
29 Discharging noxious liquid substances into State waters from ship prohibited
30 Causing discharge of noxious liquid substances into State waters from ship prohibited
31 Offence of being responsible for discharge of noxious liquid substances into State waters from a ship
32 Defence if discharge was caused by damage to ship or equipment
33 Defence if discharge was to secure safety or save life
34 Defence if discharge was for purpose of combating pollution
35 Defence for discharge of certain Category X substances
36 Defence for discharge of certain high-viscosity or solidifying substances in Category Y
37 Defence for discharge of certain other Category Y substances
38 Defence for discharge of Category Z substances from ships constructed before 1 January 2007
39 Defence for discharge of Category Z substances from ships constructed on or after 1 January 2007
40 Defence for discharge of bilge water
41 Defence for discharge of clean ballast or segregated ballast
Division 4 Cleaning of tanks of ships
42 Regulations may make provision for cleaning of tanks of ships
Part 5 Prevention of pollution by harmful substances in packaged form
Division 1 Offences relating to carriage
43 Certain carriage of harmful substances in packaged form prohibited
44 Causing certain carriage of harmful substances in packaged form prohibited
Division 2 Offences relating to jettisoning
45 Jettisoning of harmful substances in packaged form into State waters from ship prohibited
46 Causing jettisoning of harmful substances in packaged form into State waters from ship prohibited
47 Offence of being responsible for jettisoning of harmful substances in packaged form into State waters from a ship
48 Defence for jettisoning to secure safety or save life
49 Defence for certain leakages causing substances to be washed overboard
50 Part does not apply to stores or equipment
51 Leakages taken to be jettisoned
52 Empty packaging
Part 6 Prevention of pollution by sewage
Division 1 Offences relating to discharge of sewage
53 Discharge of sewage into State waters from ship prohibited
54 Causing discharge of sewage into State waters from ship prohibited
55 Offence of being responsible for discharge of sewage into State waters from a ship
56 Defence for discharge caused by damage to ship or equipment
57 Defence for discharge to secure safety or save life
58 Defence for discharge of comminuted and disinfected sewage not less than 3 nautical miles from the nearest land
59 Defence of discharge of treated sewage
Part 7 Prevention of pollution by garbage
Division 1 Offences relating to discharge of garbage
60 Discharging of garbage into State waters from ship prohibited
61 Causing discharge of garbage into State waters from ship prohibited
62 Offence of being responsible for discharge of garbage into State waters from a ship
63 Defence if discharge was caused by damage to ship or equipment
64 Defence if discharge was to secure safety or save life
65 Defence if accidental loss of nets and other materials
66 Defence in relation to certain dunnage, lining or packing materials that will float
Part 8 Prevention of pollution from transfer operations
Division 1 Application of Part
67 Meaning of “prescribed marine pollutant”
Division 2 Offences relating to transfer operations
68 Discharge of prescribed marine pollutant from ship in transfer operation prohibited
69 Discharge of prescribed marine pollutant from place on land in transfer operation prohibited
70 Discharge of prescribed marine pollutant from apparatus on a ship used in transfer operation prohibited
71 Discharge of prescribed marine pollutant from apparatus on a place on land used in transfer operation prohibited
72 Offence of causing discharge of prescribed marine pollutant from pipeline in connection with transfer operation
73 Discharge of prescribed marine pollutant from pipeline in connection with transfer operation prohibited
74 Transfer of prescribed marine pollutant at night
Division 3 Discharges to which Division 2 does not apply
75 Division 2 does not apply to certain discharges
76 Division 2 does not apply to discharge for purposes of combating pollution incidents
77 Division 2 does not apply to certain licensed discharges
Division 4 Record keeping relating to transfer operations
78 Keeping of records relating to transfer
79 Entries required to be made
80 Transmission of records relating to transfer operation
81 Disposal of records relating to transfer operation
82 False or misleading entries prohibited
83 Several liability
84 Multiple offenders
85 Prohibitions on discharges from ships still apply
Part 9 Reporting of pollution incidents
Division 1 Meaning of “reportable incident”
86 Meaning of “reportable incident”
Division 2 Master’s obligations
87 Master must report reportable incident
88 Master must provide supplementary report if Minister requires it
89 Master must provide supplementary report if further developments arise
Division 3 Obligations of other persons
90 Duty of other persons to report if ship abandoned or report cannot be obtained
91 Duty of other persons to report if report incomplete
92 Duty of other persons to provide supplementary report
93 False or misleading reports
94 Inadmissibility of certain evidence
Part 10 Emergency plans and other plans
Division 1 Shipboard oil pollution emergency plan
95 Obligation to carry shipboard oil pollution emergency plan
96 Approval of shipboard oil pollution emergency plan
97 Contents of shipboard oil pollution emergency plan
98 Language of shipboard oil pollution emergency plan
99 Plans may be combined
Division 2 Shipboard marine pollution emergency plan for noxious liquid substances
100 Obligation to carry shipboard marine pollution emergency plan for noxious liquid substances
101 Approval of shipboard marine pollution emergency plan for noxious liquid substances
102 Contents of shipboard marine pollution emergency plan for noxious liquid substances
103 Language of shipboard marine pollution emergency plan for noxious liquid substances
Division 3 Procedures and arrangements manual
104 Procedures and arrangements manual required
105 Form and content of procedures and arrangements manual
106 Language of procedures and arrangements manual
Division 4 Shipboard garbage management plan
107 Obligation to carry shipboard garbage management plan
108 Contents of shipboard garbage management plan
109 Language of shipboard garbage management plan
Division 5 Placards relating to garbage disposal requirements
110 Placards relating to requirements for disposal of garbage
111 Content of garbage disposal requirements placard
112 Language of garbage disposal requirements placards
Division 1 Requirement to carry oil record book
113 Requirement to carry an oil record book
114 Form of oil record book
115 Language of oil record book
116 Master must sign completed page of oil record book
117 Entries in relation to prescribed operations or occurrences
118 Entries in relation to inspections
119 False entries in oil record book
120 Oil record book to be retained on ship for one year
121 Oil record book to be retained
122 Master may be required to certify entry in oil record book
123 Admissibility of certified entry in oil record book
Division 2 Requirement to carry cargo record book
124 Requirement to carry cargo record book
125 Form of cargo record book
126 Language of cargo record book
127 Master must sign completed page of cargo record book
128 Entries in relation to prescribed operations or occurrences
129 Entries in relation to inspections
130 False entries in cargo record book
131 Cargo record book to be retained on ship for one year
132 Cargo record book to be retained for two years
133 Master may be required to certify entry in cargo record book
134 Admissibility of certified entry in cargo record book
Division 3 Requirement to carry garbage record book
135 Requirement to carry garbage record book on board ship
136 Requirement to carry garbage record book on platform
137 Minister may waive requirement to carry garbage record book
138 Form of garbage record book
139 Language of garbage record book
140 Master must sign completed page of garbage record book
141 Entries in relation to prescribed operations or occurrences
142 Entries in relation to inspections
143 False entries in garbage record book
144 Garbage record book to be retained on ship for one year
145 Garbage record book to be retained
146 Master may be required to certify entry in garbage record book
147 Admissibility of certified entry in garbage record book
Part 12 Certification of construction of ships
Division 1 Regulations relating to construction of ships
148 Regulations relating to construction of ships
149 References to compliance with Annexes of MARPOL
Division 2 Requirement for certification of certain ships
150 Requirement for ship construction certificate
151 Requirement for chemical tanker construction certificate
152 Requirement for sewage pollution prevention certificate
Division 3 Local certification
153 Application for NSW certificate
154 Ship to be surveyed
155 Issue of NSW certificates
156 Duration of NSW certificate
Division 4 Surveys after accident or discovery of defect
157 Duty of master and owner to notify Minister of certain accidents
158 Duty of master and owner to notify Minister of certain defects
159 Minister may investigate ship or require survey after notifiable accident or defect
160 Ships to be surveyed after accident or discovery of defect
Division 5 Approval of major changes to NSW certified ship
161 Changes to construction of ships must be notified and pre-approved
162 Minister may investigate ship or require survey after notice of proposed change
163 Ships to be surveyed after notice given of proposed change
Division 6 Annual surveying of ships
164 Ships to be surveyed annually
Division 7 Renewal of local certification
165 Application for renewal of NSW certificate
166 Ship to be surveyed before renewal
167 Renewal of NSW certificates
168 Extension of NSW certificates
Division 8 Cancellation of local certification
169 Cancellation of NSW certificate
170 Cancelled NSW certificate has no effect
171 Surrender of cancelled NSW certificate
172 Detained ship must not leave port
Part 13 Ships must be insured against damage by discharge of oil
173 Application of Part
174 Ships must be insured against oil pollution
175 Ships must carry evidence of insurance
176 Ship may be detained
177 Detained ship must not leave port
Part 14 Reception facilities for collecting waste
Division 1 Minister may provide reception facilities
178 Minister may arrange for provision of reception facilities
179 Regulations concerning reception facilities
Division 2 Minister may direct persons to provide reception facilities
180 Minister may require person to provide, maintain and make available reception facilities
181 Owner or occupier must comply with requirement relating to reception facilities
182 Notices
Part 15 Minister may take action to prevent or clean up pollution
183 Minister may take action to prevent or clean up marine pollution
184 Recovery of costs and expenses of preventative action or clean-up action
185 Costs and expenses incurred by Minister are charges on ship
186 Detention of ship until recovery of costs and expenses or giving of security
187 Detained ship must not leave port
188 Obstruction of officers is an offence
189 Oiled Wildlife Care Network
Part 16 Marine environment protection notices
190 Definitions
191 Classification of marine environment protection notices
192 Marine environment protection notices may be given orally
Division 2 Marine pollution clean-up notices
193 Clean-up by polluters
194 Clean-up by public authorities
195 Fee
Division 3 Marine pollution prevention notices
196 Meaning of environmentally unsatisfactory manner
197 Preventative action
198 Offence
199 Commencement of operation of marine pollution prevention notices or variations
200 Fee
Division 4 Marine pollution prohibition notices
201 Prohibition on activities
202 Offence
Division 5 Minister may take action if marine environment protection notice not complied with
203 Minister may take action in event of failure to comply
204 Obstruction of persons acting in compliance with notice is an offence
205 Marine pollution compliance cost notices
206 Recovery of amounts
Division 7 Recovery of costs and expenses if the Minister takes action
207 Costs and expenses incurred by Minister are charges on ship
208 Detention of ship until recovery of costs and expenses or giving of security
209 Detained ship must not leave port
210 Minister’s other preventative powers not affected
211 Multiple notices
212 Extraterritorial application
213 Revocation or variation
214 Power to enter land
215 Obstruction of persons
Part 17 Recovery of costs, expenses and damages
Division 1 Recovery of costs, expenses and damages by Minister or any other person
216 Recovery of damages, costs or expenses relating to discharge prohibited by Act
217 Recovery of loss, damage, costs or expenses
Division 2 Joint liability for damage relating to transfer operations
218 Joint and several liability where oil or noxious liquid substance is discharged from pipeline
219 Several liability where oil or noxious liquid substance is discharged from 2 or more ships
Division 3 Rights of recovery not affected
220 Rights of recovery not affected
Part 18 Detention of ships and taking of securities
221 Ships that are believed to have discharged marine pollutants may be detained
222 Detained ships must not depart
223 Security may be required to be provided
224 Detained ships must be released if security provided or no liability
225 Security taken by Minister
Division 1 Appointment of inspectors and authorised persons
226 Appointment of inspectors
227 Identity cards for inspectors and authorised persons
Division 2 Powers of inspectors and authorised persons
228 Powers of inspectors and authorised persons
229 Inspectors and authorised persons may enter or inspect place on land
230 Inspector and authorised persons must not unnecessarily delay ships
231 Obstruction of inspectors and authorised persons
232 Inspectors and certain other persons have no personal liability
Part 20 Proceedings for enforcement
Division 1 Proceedings for enforcement
233 Time within which proceedings may be commenced
234 Proceedings for offences
235 Offences by corporations
Division 2 Penalties are charges on ship
236 Penalties are charges on ship
237 Detention of ship until recovery of penalty or provision of security
238 Records are admissible as evidence
239 Proof of certain matters not required
240 Evidence of analysts
241 No double jeopardy
242 Defences operate separately
Part 21 Regulations and orders
243 Regulations
244 Regulations may prescribe decisions that are to be reviewable by Administrative Decisions Tribunal
245 Orders
246 Prescribing matters by reference to other instruments
247 Delegation
248 Service of instruments (except in proceedings for offences)
249 Act to bind Crown
250 Repeal
251 Review of Act
Schedule 1 Amendment of other Acts