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Contents (2012 - 5)
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Marine Pollution Act 2012 No 5
Current version for 6 January 2017 to date (accessed 20 February 2020 at 09:52)
Part 10
Part 10 Emergency plans and other plans
Division 1 Shipboard oil pollution emergency plan
95   Obligation to carry shipboard oil pollution emergency plan
(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.
96   Approval of shipboard oil pollution emergency plan
(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.
97   Contents of shipboard oil pollution emergency plan
(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.
98   Language of shipboard oil pollution emergency plan
(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.
99   Plans may be combined
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.
Division 2 Shipboard marine pollution emergency plan for noxious liquid substances
100   Obligation to carry shipboard marine pollution emergency plan for noxious liquid substances
(Reg 17.1 of Annex II of MARPOL)
(1)  The master and the owner of a prescribed ship that is in State waters are each guilty of an offence if there is not a shipboard marine pollution emergency plan for noxious liquid substances that complies with this Division, and is approved by the Minister, 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 that a ship is a prescribed ship and that it was in State waters without a shipboard marine pollution emergency plan for noxious liquid substances that complies with this Division on board.
(3)  In this section:
prescribed ship means an Australian ship:
(a)  that has a gross tonnage of 150 or more, and
(b)  that is certified to carry noxious liquid substances in bulk.
101   Approval of shipboard marine pollution emergency plan for noxious liquid substances
(Reg 17.1 of Annex II of MARPOL)
The Minister may, on application by a master of a ship, approve the shipboard marine pollution emergency plan for noxious liquid substances for the ship if, in the opinion of the Minister, it complies with this Division.
102   Contents of shipboard marine pollution emergency plan for noxious liquid substances
(Reg 17.2 of Annex II of MARPOL)
(1)  A shipboard marine pollution emergency plan for noxious liquid substances must contain the matter prescribed by the regulations.
(2)  A shipboard marine pollution emergency plan for noxious liquid substances must set out, but is not limited to, the following particulars:
(a)  the procedure to be followed by the master, 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 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.
103   Language of shipboard marine pollution emergency plan for noxious liquid substances
(Reg 17.2 of Annex II of MARPOL)
The shipboard marine pollution emergency plan for noxious liquid substances on a ship must be written in the working language of the master of, and the officers on board, the ship.
Division 3 Procedures and arrangements manual
104   Procedures and arrangements manual required
(Reg 14.1 of Annex II of MARPOL)
The master and the owner of a ship in State waters are each guilty of an offence if:
(a)  a chemical tanker construction certificate under Division 12A of Part IV of the Navigation Act 1912 of the Commonwealth is in force in respect of the ship, and
(b)  the ship does not have on board a copy of the ship’s procedures and arrangements manual that complies with this Division.
Maximum penalty: $6,600.
105   Form and content of procedures and arrangements manual
(Reg 14.2 of Annex II of MARPOL)
A procedures and arrangements manual for a ship complies with this Division if:
(a)  it contains the physical arrangements and all the operational procedures with respect to cargo handling, tank cleaning, slops handling and cargo tank ballasting that must be followed in order to comply with the requirements of Annex II of MARPOL, and
(b)  it is in accordance with the form approved by the Minister.
106   Language of procedures and arrangements manual
(Reg 14.1 of Annex II of MARPOL)
(1)  The procedures and arrangements manual for an Australian ship must be written in the English language.
(2)  The procedures and arrangements manual for a foreign ship must be written in the official language of the country whose flag the ship is entitled to fly, or in one of the official languages of that country.
(3)  However, if that official language is not English, French or Spanish, the procedures and arrangements manual must also be translated into English, French or Spanish.
Division 4 Shipboard garbage management plan
107   Obligation to carry shipboard garbage management plan
(Reg 9 of Annex V of MARPOL)
(1)  The master and the owner of a large ship that is in State waters are each guilty of an offence if there is not a shipboard garbage management plan that complies with this Division on board the ship.
Maximum penalty: $5,500.
(2)  In proceedings for an offence against this section in relation to a ship, it is sufficient for the prosecution to allege and prove that a ship is a large ship and that it was in State waters without a shipboard garbage management plan that complies with this Division on board.
108   Contents of shipboard garbage management plan
(Reg 9 (2) of Annex V of MARPOL)
(1)  A shipboard garbage management plan must be in writing and must contain the matters prescribed by the regulations.
(2)  A shipboard garbage management plan must set out, but is not limited to, the following particulars:
(a)  the procedures for collecting, storing, processing and disposing of garbage, including the use of the equipment on board the ship for carrying out those procedures,
(b)  the person who is in charge of carrying out the plan.
109   Language of shipboard garbage management plan
(Reg 9 (2) of Annex V of MARPOL)
(1)  The shipboard garbage management plan on an Australian ship must be written in the English language.
(2)  The shipboard garbage management plan on a foreign ship must be written in the official language of the country whose flag the ship is entitled to fly, or in one of the official languages of that country.
(3)  The shipboard garbage management plan on any ship must also be written in the working language of the master of, and the majority of officers on board, the ship.
Division 5 Placards relating to garbage disposal requirements
110   Placards relating to requirements for disposal of garbage
(Reg 9 (1) (a) of Annex V of MARPOL)
(1)  The master and the owner of a ship of 12 metres or more in length that is in State waters are each guilty of an offence if at least one garbage disposal requirements placard that complies with this Division is not displayed on board the ship in a position where it can be easily read by any crew member or any passenger of the ship.
Maximum penalty: $5,500.
(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 was of 12 metres or more in length and was in State waters, and
(b)  that a garbage disposal requirements placard that complies with this Division was not displayed on board the ship.
111   Content of garbage disposal requirements placard
(Reg 9 (1) (a) of Annex V of MARPOL)
A garbage disposal requirements placard must describe:
(a)  the kinds of garbage that may not be disposed of from the ship under this Act and MARPOL, and
(b)  the kinds of garbage that may be disposed of from the ship and the circumstances in which it is not an offence to dispose of garbage of that kind under this Act and MARPOL.
112   Language of garbage disposal requirements placards
(Reg 9 (1) (b) of Annex V of MARPOL)
The garbage disposal requirements placard or each placard on a ship must be written in the working language of the ship’s crew.