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Transport Operations (Marine Pollution) Act 1995 – 1 September 2016

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Transport Operations (Marine Pollution) Act 1995 – 1 September 2016

Transport Operations (Marine Pollution) Regulation 2008 – 1 September 2016

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If oil is discharged from a ship into coastal waters, the following persons each commit an offence: (a) the ship’s owner; (b) the ship’s master; (c) another member of the ship’s crew whose act caused or contributed to the discharge, unless the member was complying with an instruction from the master or of someone authorised by the master to give the instruction. A similar rule applies to noxious liquid substances – see section 35 of the Act.

  • Sections 11, 12, 26, 27, 28, 29, 35, 134

If a ship does not have on board a shipboard oil pollution emergency plan, the ship’s owner and master each commit an offence. Pursuant to subsection 30(2) of the Act, ‘ship’ means a ship: (a) more than 24m in length overall if the ship is carrying – (i) oil as cargo; or (ii) a vehicle that is carrying more than 400L of oil as cargo; or (b) otherwise, more than 35m in length overall.

  • Sections 30, 38, 38A

If untreated sewage is discharged from a ship into nil discharge waters for untreated sewage, each culpable person for the discharge commits an offence. The nil discharge waters for untreated sewage are the coastal waters prescribed under a regulation.

  • Section 47; Regulation 44, Schedule 3

If treated sewage is discharged from a ship into nil discharge waters for treated sewage, each culpable person for the discharge commits an offence. The nil discharge waters for treated sewage are the coastal waters prescribed under a regulation.

  • Section 48; Regulation 45, Schedule 4

The owner or master of a declared ship must not operate the declared ship in nil discharge waters for treated sewage or untreated sewage from a declared ship, unless: (a) the declared ship is fitted with a sewage holding device; and (b) each fixed toilet on the declared ship is connected to a sewage holding device. For whether a ship is a ‘declared ship’, refer to regulations 46 and 48 of the Transport Operations (Marine Pollution) Regulation 2008.

  • Sections 49, 50A, 51, 51A, 51B, 51C; Regulations 46, 47, 48, 49, 50, 51, 52, 53, Schedule 5

If garbage is disposed of from a ship into coastal waters, the following persons each commit an offence: (a) the ship’s owner; (b) the ship’s master; (c) another member of the ship’s crew whose act caused or contributed to the disposal, unless the member was complying with an instruction from the master or of someone authorised by the master to give the instruction.

  • Sections 55, 56

If a ship that is at least 12m in length overall does not display a prescribed placard, the ship’s owner and master each commit an offence. The placard which is required must: (a) notify the ship’s crew and passengers of the prohibitions and requirements under this Act for the disposal of garbage; and (b) be written in English and, if the ship is owned or operated by a foreign country, the working language of the ship’s crew.

  • Section 55AA

If a ship does not have on board a shipboard waste management plan, the ship’s owner and master each commit an offence. For the purposes of this rule, a ‘ship’ is at least 35m in length overall; or designed to sleep at least 15 persons.

  • Section 55A

The ship’s owner and the ship’s master must ensure that a transfer operation is monitored by a member of the ship’s crew. A ‘transfer operation’, for a ship, means any operation involved in preparing for, or starting, carrying on or finishing, a transfer of a pollutant between a ship and another ship or place. For the definition of ‘pollutant’, refer to the Schedule 1 of the Act.

  • Sections 4, 59, 60A, 61, 62, 63, 65, Schedule 1; Regulations 63, 70

A ship’s master must notify, without delay, an authorised officer of a reportable incident in the way prescribed by regulation. A ‘reportable incident’ means: (a) a discharge or probable discharge of – (i) oil or a noxious liquid substance that happens in coastal waters; or (ii) untreated sewage in the nil discharge waters for untreated sewage; or (iii) treated sewage in the nil discharge waters for treated sewage; or (iv) for a declared ship, treated sewage or untreated sewage in the nil discharge waters for treated sewage or untreated sewage; or (b) the jettisoning of a harmful substance carried in packaged form from a ship that happens in coastal waters.

  • Section 67; Regulations 73, 74

If a ship is more than 15m in length overall, THEN the ship’s owner must have an insurance policy that, to the limits applying under a regulation, is sufficient to pay for: (a) the clean up costs of the discharge of a pollutant from the ship into coastal waters; and (b) the costs of salvage or removal of the ship from coastal waters if the ship is abandoned or wrecked.

  • Section 67A; Regulations 76, 77, 78

If, because of a discharge prohibited by this Act, a person: (a) suffers loss of, or damage to, property; or (b) incurs costs or expenses in preventing or mitigating or in attempting to prevent or mitigate any loss of, or damage to, property, including the property of someone else, THEN the person may recover the following amounts as a debt owing to the person: (a) the amount of the loss or damage; (b) the amount of the costs or expenses, reasonably incurred. The following persons are jointly and severally liable for the amounts: (a) any person whose act or omission caused the discharge; (b) if the discharge is from a ship: (i) the owner of the ship; (ii) the master of the ship.

  • Section 132F
Reason for law

To protect Queensland’s marine and coastal environment by minimising deliberate and negligent discharges of ship-sourced pollutants into coastal waters. (Section 3)

Relevant links

Marine pollution [Maritime Safety Queensland]

Environment [Australian Maritime Safety Authority]

International Conventions

International Convention for the Prevention of Pollution from Ships

International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties

Critique

N/A

Suggested further reading

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