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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 23 February 2020 at 21:51)
Part 12
Part 12 Certification of construction of ships
Division 1 Regulations relating to construction of ships
148   Regulations relating to construction of ships
(Chapters 3 and 4 of Annex I, Regulations 11 and 12 of Annex II, Regulations 1.3 and 2–6 of Annex III and Regulations 2.2, 4 and 11 of Annex IV, of MARPOL) (cf former Act ss 35 and 40)
(1)  The regulations may make provision for and in relation to giving effect to any of the following:
(a)  Chapters 3 and 4 of Annex I of MARPOL,
(b)  Regulations 11 and 12 of Annex II of MARPOL,
(c)  Regulations 1.3 and 2–6 of Annex III of MARPOL,
(d)  Regulations 2.2, 4 and 11 of Annex IV of MARPOL.
(2)  Without limiting the generality of subsection (1), regulations made for the purposes of that subsection may empower the Minister to make orders with respect to any matter for or in relation to which provision may be made by the regulations by virtue of this section.
149   References to compliance with Annexes of MARPOL
(cf former Act s 33 (3))
For the purposes of this Part:
(a)  a ship is taken to comply with the provisions of Annex I of MARPOL only if it complies with the regulations and orders referred to in section 148 (1) (a), and
(b)  a ship is taken to comply with the provisions of Annex II of MARPOL only if it complies with the regulations and orders referred to in section 148 (1) (b), and
(c)  a ship is taken to comply with the provisions of Annex IV of MARPOL only if it complies with the regulations and orders referred to in section 148 (1) (d).
Division 2 Requirement for certification of certain ships
150   Requirement for ship construction certificate
(Chapter 2 of Annex I of MARPOL) (cf former Act s 39)
(1)  The master of a prescribed ship must not begin a voyage unless there is a ship construction certificate in force in respect of the ship.
Maximum penalty: $11,000 or imprisonment for 4 years, or both.
(2)  The owner of a prescribed ship must not permit the ship to begin a voyage unless a ship construction certificate is in force in respect of the ship.
Maximum penalty:
(a)  in the case of an individual—$11,000 or imprisonment for 4 years, or both, or
(b)  in the case of a corporation—$55,000.
(3)  The owner of a prescribed ship in respect of which a ship construction certificate is in force must ensure that the certificate is carried on board the ship.
Maximum penalty: $1,100.
(4)  In this section:
prescribed ship means an oil tanker that has a gross tonnage of 150 or more, or that is a ship, other than an oil tanker, that has a gross tonnage of 400 or more, that is:
(a)  a trading ship proceeding on an intra-state voyage, or
(b)  an Australian fishing vessel proceeding on a voyage other than an overseas voyage, or
(c)  a pleasure vessel.
ship construction certificate means:
(a)  a NSW ship construction certificate, or
(b)  a ship construction certificate issued under section 267B of the Navigation Act 1912 of the Commonwealth, or
(c)  a ship construction certificate issued under a law of another State or the Northern Territory and being a certificate of a kind prescribed by the regulations as acceptable for the purposes of this Part, or
(d)  an International Oil Pollution Prevention Certificate issued to a foreign ship under section 267C of the Navigation Act 1912 of the Commonwealth, or
(e)  an International Oil Pollution Prevention Certificate issued to an Australian ship under the law of a country other than Australia giving effect to Regulation 8 of Annex I of MARPOL.
151   Requirement for chemical tanker construction certificate
(Reg 9.1 of Annex II of MARPOL) (cf former Act s 44)
(1)  The master of a prescribed ship must not begin a voyage unless there is a chemical tanker construction certificate in force in respect of the ship.
Maximum penalty: $11,000 or imprisonment for 4 years, or both.
(2)  The owner of a prescribed ship must not permit the ship to begin a voyage unless a chemical tanker construction certificate is in force in respect of the ship.
Maximum penalty:
(a)  in the case of an individual—$11,000 or imprisonment for 4 years, or both, or
(b)  in the case of a corporation—$55,000.
(3)  The owner of a prescribed ship in respect of which a chemical tanker construction certificate is in force must ensure that the certificate is carried on board the ship.
Maximum penalty: $1,100.
(4)  In this section:
chemical tanker construction certificate means:
(a)  a NSW chemical tanker construction certificate, or
(b)  a chemical tanker construction certificate issued under section 267Q of the Navigation Act 1912 of the Commonwealth, or
(c)  a chemical tanker construction certificate issued under a law of another State or the Northern Territory and being a certificate of a kind prescribed by the regulations as acceptable for the purposes of this Part, or
(d)  an International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk issued to a foreign ship under section 267R of the Navigation Act 1912 of the Commonwealth.
prescribed ship means:
(a)  a trading ship proceeding on an intra-state voyage, or
(b)  an Australian fishing vessel proceeding on a voyage other than an overseas voyage, or
(c)  a pleasure vessel,
that is:
(d)  carrying noxious liquid substances in bulk, and
(e)  engaged in a voyage to a port or terminal in the State.
152   Requirement for sewage pollution prevention certificate
(Reg 5 of Annex IV of MARPOL)
(1)  The master of a large ship must not begin a voyage unless there is a sewage pollution prevention certificate in force in respect of the ship.
Maximum penalty: $11,000 or imprisonment for 4 years, or both.
(2)  The owner of a large ship must not permit the ship to begin a voyage unless a sewage pollution prevention certificate is in force in respect of the ship.
Maximum penalty:
(a)  in the case of an individual—$11,000 or imprisonment for 4 years, or both, or
(b)  in the case of a corporation—$55,000.
(3)  The owner of a large ship in respect of which a sewage pollution prevention certificate is in force must ensure that the certificate is carried on board the ship.
Maximum penalty: $1,100.
(4)  In this section:
sewage pollution prevention certificate means:
(a)  a NSW sewage pollution prevention certificate, or
(b)  an International Sewage Pollution Prevention Certificate for Australian ships issued under section 267ZG of the Navigation Act 1912 of the Commonwealth, or
(c)  a sewage pollution prevention certificate issued under a law of another State or the Northern Territory and being a certificate of a kind prescribed by the regulations as acceptable for the purposes of this Part, or
(d)  an International Sewage Pollution Prevention Certificate issued to a foreign ship under section 267ZH of the Navigation Act 1912 of the Commonwealth, or
(e)  an International Sewage Pollution Prevention Certificate issued to an Australian ship under the law of a country other than Australia giving effect to Regulation 5 of Annex IV of MARPOL.
Division 3 Local certification
153   Application for NSW certificate
The master or owner of a ship may apply to the Minister for a NSW certificate.
154   Ship to be surveyed
(Reg 6.1.1 of Annex I, Reg 8.1.1 of Annex II, and Reg 4.1.1 of Annex IV, of MARPOL)
The master or owner of a ship who has made an application for a NSW certificate to be issued under this Part must:
(a)  cause the structure, equipment, systems, fittings, arrangements and materials of the ship to be surveyed by the Minister for the purpose of ensuring its compliance with the relevant provisions of MARPOL, or
(b)  provide the Minister with declarations of survey of the structure, equipment, systems, fittings, arrangements and materials of the ship conducted by another Administration (within the meaning of the relevant provisions of MARPOL) or by a survey authority.
155   Issue of NSW certificates
(Reg 7.1 of Annex I, Reg 8.1 of Annex II and Reg 6.1 of Annex IV, of MARPOL) (cf former Act ss 36 and 41)
(1)  The Minister may issue a NSW ship construction certificate in relation to a ship only if:
(a)  the Minister receives declarations of survey in respect of the ship (whether conducted under section 154 or provided under that section), and
(b)  the Minister is satisfied that the ship is constructed in accordance with Annex I of MARPOL and the ship’s structure, equipment, systems, fittings, arrangements and material fully comply with the relevant provisions of MARPOL.
(2)  The Minister may issue a NSW chemical tanker construction certificate in relation to a ship only if:
(a)  the Minister receives declarations of survey in respect of the ship (whether conducted under section 154 or provided under that section), and
(b)  the Minister is satisfied that the ship is constructed in accordance with Annex II of MARPOL and the ship’s structure, equipment, systems, fittings, arrangements and material fully comply with the relevant provisions of MARPOL.
(3)  The Minister may issue a NSW sewage pollution prevention certificate in relation to a ship only if:
(a)  the Minister receives declarations of survey in respect of the ship (whether conducted under section 154 or provided under that section), and
(b)  the Minister is satisfied that the ship is constructed in accordance with Annex IV of MARPOL and the ship’s structure, equipment, systems, fittings, arrangements and material fully comply with the relevant provisions of MARPOL.
(4)  The Minister may issue a NSW certificate in relation to the ship whether or not the ship is required by the relevant provisions of MARPOL to be constructed in accordance with those provisions.
156   Duration of NSW certificate
(Reg 10.1 of Annex I, Reg 10 of Annex II and Reg 8 of Annex IV, of MARPOL)
A NSW certificate has force for 5 years, unless it is cancelled sooner.
Division 4 Surveys after accident or discovery of defect
157   Duty of master and owner to notify Minister of certain accidents
(Reg 6.4.3 of Annex I, Reg 8.3.3 of Annex II and Reg 4.9 of Annex IV, of MARPOL)
The master and the owner of a ship in respect of which a NSW certificate is in force that is involved in an accident that substantially affects the integrity of the ship or the efficiency or completeness of its equipment must notify the Minister of the accident without delay and in the manner prescribed by the regulations.
Maximum penalty:
(a)  in the case of an individual—$1,100, or
(b)  in the case of a corporation—$5,500.
158   Duty of master and owner to notify Minister of certain defects
(Reg 6.4.3 of Annex I, Reg 8.3.3 of Annex II and Reg 4.9 of Annex IV, of MARPOL)
The master and the owner of a ship in respect of which a NSW certificate is in force that is discovered to have a defect that substantially affects the integrity of the ship or the efficiency or completeness of its equipment must notify the Minister of the defect without delay and in the manner prescribed by the regulations.
Maximum penalty:
(a)  in the case of an individual—$1,100, or
(b)  in the case of a corporation—$5,500.
159   Minister may investigate ship or require survey after notifiable accident or defect
(Reg 6.4.3 of Annex I, Reg 8.3.3 of Annex II and Reg 4.9 of Annex IV, of MARPOL)
(1)  The Minister may investigate a ship, to determine whether or not a survey is necessary, if the Minister is notified of an accident or defect under this Division, or otherwise becomes aware of such an accident or defect.
(2)  The Minister may direct the owner of a ship to cause the ship to be surveyed if the Minister determines that a survey is required.
160   Ships to be surveyed after accident or discovery of defect
(Reg 6.4.3 of Annex I, Reg 8.3.3 of Annex II and Reg 4.9 of Annex IV, of MARPOL)
The owner of a ship in relation to which the Minister has made a direction under section 159 must cause the structure, equipment, systems, fittings, arrangements and material of the ship to be surveyed for the purpose of ensuring its compliance with the relevant provisions of MARPOL.
Maximum penalty:
(a)  in the case of an individual—$2,200, or
(b)  in the case of a corporation—$11,000.
Division 5 Approval of major changes to NSW certified ship
161   Changes to construction of ships must be notified and pre-approved
(Reg 6.4.2 of Annex I, Reg 8.3.2 of Annex II and Reg 4.1.3 of Annex IV, of MARPOL)
(1)  The master and the owner of a ship in respect of which a NSW certificate is in force are each guilty of an offence if the structure, equipment, systems, fittings, arrangements or material covered by a previous survey is changed in any way unless:
(a)  notice was given in writing, in the form approved by the regulations, of the change to the person prescribed by the regulations, and
(b)  the Minister approved the change before it was made.
Maximum penalty:
(a)  in the case of an individual—$2,200, or
(b)  in the case of a corporation—$11,000.
(2)  This section does not apply to a change that involves the direct replacement of any equipment or fittings.
162   Minister may investigate ship or require survey after notice of proposed change
(Reg 6.4.3 of Annex I, Reg 8.3.3 of Annex II and Reg 4.1.3 of Annex IV, of MARPOL)
(1)  The Minister may investigate to determine whether or not a survey is necessary if the Minister is notified of a proposed change under section 161, or otherwise becomes aware of such a change.
(2)  The Minister may direct the owner of a ship to cause the ship to be surveyed if the Minister determines that a survey is required.
163   Ships to be surveyed after notice given of proposed change
(Reg 6.4.3 of Annex I, Reg 8.3.3 of Annex II and Reg 4.1.3 of Annex IV, of MARPOL)
The owner of a ship in relation to which the Minister has made a direction under section 162 must cause the structure, equipment, systems, fittings, arrangements and material of the ship to be surveyed for the purpose of ensuring its compliance with the relevant provisions of MARPOL.
Maximum penalty:
(a)  in the case of an individual—$2,200, or
(b)  in the case of a corporation—$11,000.
Division 6 Annual surveying of ships
164   Ships to be surveyed annually
(Reg 6.1.4 of Annex I and Reg 8.1.4 of Annex II of MARPOL) (cf former Act s 38)
The owner of a ship in respect of which a NSW certificate issued under this Part is in force must cause the structure, equipment, systems, fittings, arrangements and material of the ship to be surveyed for the purpose of ensuring its compliance with the relevant provisions of MARPOL at least once every 12 months.
Maximum penalty:
(a)  in the case of an individual—$2,200, or
(b)  in the case of a corporation—$11,000.
Division 7 Renewal of local certification
165   Application for renewal of NSW certificate
The master or owner of a ship may apply to the Minister for the renewal of a NSW certificate in force in relation to the ship.
166   Ship to be surveyed before renewal
(Reg 6.1.2 of Annex I, Reg 8.1.2 of Annex II and Reg 4.1.2 of Annex IV, of MARPOL)
The master or owner of a ship who has made an application for the renewal of a NSW certificate must:
(a)  cause the structure, equipment, systems, fittings, arrangements and material of the ship to be surveyed by the Minister for the purpose of ensuring its compliance with the provisions of Annex I of MARPOL, or
(b)  provide the Minister with declarations of survey of the structure, equipment, systems, fittings, arrangements and material of the ship conducted by another Administration (within the meaning of Article 2 of the Protocol to MARPOL) or by a survey authority.
167   Renewal of NSW certificates
(Reg 6.1.2 of Annex I, Reg 8.1.2 of Annex II and Reg 8 of Annex IV, of MARPOL)
(1)  The Minister may renew a NSW certificate in relation to a ship only if:
(a)  the Minister receives declarations of survey in respect of a ship (whether conducted under section 166 or provided for under that section), and
(b)  the Minister is satisfied that the ship is constructed in accordance with the relevant provisions of MARPOL and the ship’s structure, equipment, systems, fittings, arrangements and material fully comply with the relevant provisions of MARPOL.
(2)  The Minister may renew a NSW ship construction certificate in relation to the ship whether or not the ship is required by the relevant provisions of MARPOL to be constructed in accordance with those provisions.
168   Extension of NSW certificates
(Reg 10.5 of Annex I, Reg 10.5 of Annex II and Reg 8.5 of Annex IV, of MARPOL)
(1)  If a ship in respect of which a NSW certificate is in force is not in a port in which it is to be surveyed at the time when the certificate expires, the Minister may extend the period of validity of the certificate by notice in writing.
(2)  The Minister must only extend the period for the purpose of allowing the ship to complete its voyage to the port in which it is to be surveyed, and then only in cases where it appears proper and reasonable to do so.
(3)  Without limiting subsection (2), a certificate must not be extended for a period longer than 3 months.
(4)  An extension under this section ceases to apply once the ship arrives at the port at which it is to be surveyed.
Division 8 Cancellation of local certification
169   Cancellation of NSW certificate
(Reg 10.9 of Annex I, Reg 10.9 of Annex II and Reg 8.8 of Annex IV, of MARPOL)
The Minister may, by instrument in writing, cancel a NSW certificate for a ship if the Minister has reason to believe that:
(a)  the report of a surveyor concerning the ship was fraudulently or erroneously made or obtained, or
(b)  a NSW certificate has been issued in respect of the ship based on false or erroneous information, or
(c)  the construction of the ship has been altered, or the ship has been damaged, in a manner that affects its compliance with the relevant provisions of MARPOL, or
(d)  the owner of a ship in respect of which a NSW certificate is in force has failed to comply with section 154, 160 or 163 in respect of the ship.
170   Cancelled NSW certificate has no effect
A NSW certificate that has been cancelled is of no effect after the Minister has given notice in writing of the cancellation addressed to the owner, agent or master of the ship and that notice is served in accordance with the regulations.
171   Surrender of cancelled NSW certificate
The notice given under section 170 may require the NSW certificate to be delivered to the Minister or to any other person whom the Minister specifies, and the Minister may detain the ship until that requirement is complied with.
172   Detained ship must not leave port
(1)  The master and the owner of a ship detained under this Division are each guilty of an offence if the ship departs the port or other place at which it is detained before it is released from detention.
Maximum penalty:
(a)  in the case of an individual—$55,000, or
(b)  in the case of a corporation—$110,000.
(2)  A person is not guilty of an offence under this section if the person can establish that he or she was not aware that the ship had been detained.