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This is a Bill, not an Act. For current law, see the Acts databases.

MARITIME LEGISLATION AMENDMENT BILL 2012

2010-2011-2012
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Maritime Legislation Amendment Bill
2012
No. , 2012
(Infrastructure and Transport)
A Bill for an Act to amend the Protection of the Sea
(Prevention of Pollution from Ships) Act 1983 and to
repeal Acts relating to the stevedoring levy, and for
related purposes
Maritime Legislation Amendment Bill 2012 No. , 2012 i
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Amendments
3
Part 1--Prevention of pollution by sewage
3
Protection of the Sea (Prevention of Pollution from Ships) Act 1983
3
Part 2--Prevention of pollution by garbage
6
Protection of the Sea (Prevention of Pollution from Ships) Act 1983
6
Part 3--Prevention of air pollution
17
Protection of the Sea (Prevention of Pollution from Ships) Act 1983
17
Part 4--Roll-back provisions
18
Protection of the Sea (Prevention of Pollution from Ships) Act 1983
18
Part 5--Other amendments
26
Protection of the Sea (Prevention of Pollution from Ships) Act 1983
26
Schedule 2--Repeal of Acts
30
Stevedoring Levy (Collection) Act 1998
30
Stevedoring Levy (Imposition) Act 1998
30
Maritime Legislation Amendment Bill 2012 No. , 2012 1
A Bill for an Act to amend the Protection of the Sea
1
(Prevention of Pollution from Ships) Act 1983 and to
2
repeal Acts relating to the stevedoring levy, and for
3
related purposes
4
The Parliament of Australia enacts:
5
1 Short title
6
This Act may be cited as the Maritime Legislation Amendment Act
7
2012.
8
2 Commencement
9
(1) Each provision of this Act specified in column 1 of the table
10
commences, or is taken to have commenced, in accordance with
11
column 2 of the table. Any other statement in column 2 has effect
12
according to its terms.
13
2 Maritime Legislation Amendment Bill 2012 No. , 2012
1
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1,
Parts 1 to 3
1 January 2013.
1 January 2013
3. Schedule 1,
Parts 4 and 5
The day after this Act receives the Royal
Assent.
4. Schedule 2
The day this Act receives the Royal Assent.
Note:
This table relates only to the provisions of this Act as originally
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in column 3 of the table is not part of this Act.
5
Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
7
3 Schedule(s)
8
Each Act that is specified in a Schedule to this Act is amended or
9
repealed as set out in the applicable items in the Schedule
10
concerned, and any other item in a Schedule to this Act has effect
11
according to its terms.
12
13
Amendments Schedule 1
Prevention of pollution by sewage Part 1
Maritime Legislation Amendment Bill 2012 No. , 2012 3
Schedule 1--Amendments
1
Part 1--Prevention of pollution by sewage
2
Protection of the Sea (Prevention of Pollution from Ships)
3
Act 1983
4
1 Subparagraph 26D(1)(c)(i)
5
Before "the discharge" (first occurring), insert "the discharge occurs
6
when the ship is not within a special area,".
7
2 After subparagraph 26D(1)(c)(i)
8
Insert:
9
(ia) the discharge occurs when the ship is within a special
10
area, the discharge occurs into the sea near a State, the
11
Jervis Bay Territory or an external Territory and there is
12
no law of that State or Territory that makes provision
13
giving effect to Regulation 3 and to paragraph 3 of
14
Regulation 11 of Annex IV to the Convention in
15
relation to the area of the sea where the discharge
16
occurs;
17
3 Subparagraph 26D(3)(b)(i)
18
Before "the discharge" (first occurring), insert "the discharge occurs
19
when the ship is not within a special area,".
20
4 After subparagraph 26D(3)(b)(i)
21
Insert:
22
(ia) the discharge occurs when the ship is within a special
23
area, the discharge occurs into the sea near a State, the
24
Jervis Bay Territory or an external Territory and there is
25
no law of that State or Territory that makes provision
26
giving effect to Regulation 3 and to paragraph 3 of
27
Regulation 11 of Annex IV to the Convention in
28
relation to the area of the sea where the discharge
29
occurs;
30
5 At the end of subsection 26D(6) (before the note)
31
Add:
32
Schedule 1 Amendments
Part 1 Prevention of pollution by sewage
4 Maritime Legislation Amendment Bill 2012 No. , 2012
; (d) if the ship is a prescribed passenger ship and the discharge
1
occurs when the ship is within a special area--the discharge
2
occurs before a prescribed day.
3
6 Paragraph 26D(7)(a)
4
Repeal the paragraph, substitute:
5
(a) the sewage has been treated in a sewage treatment plant on
6
the ship, being a plant that an inspector has certified meets
7
the requirements of the regulations giving effect to paragraph
8
1.1 of Regulation 9 of Annex IV to the Convention;
9
7 At the end of subsection 26D(7) (before the note)
10
Add:
11
; (c) if the ship is a prescribed passenger ship and the discharge
12
occurs when the ship is within a special area--the discharge
13
occurs before a prescribed day.
14
8 Subsection 26D(8)
15
Repeal the subsection, substitute:
16
(8) Without limiting the generality of subsection (5), subsection (3)
17
does not apply to the discharge of sewage from a ship if the
18
following conditions are satisfied:
19
(a) the discharge is made into the territorial waters of a foreign
20
country in accordance with the law of that country;
21
(b) if the ship is a prescribed passenger ship and the discharge
22
occurs when the ship is within a special area--the discharge
23
occurs before a prescribed day.
24
Note:
A defendant bears an evidential burden in relation to the matter in
25
subsection (8): see subsection 13.3(3) of the Criminal Code.
26
(9) Without limiting the generality of subsection (5), subsection (3)
27
does not apply to the discharge of sewage from a ship if the
28
following conditions are satisfied:
29
(a) the ship is a prescribed passenger ship, the discharge occurs
30
when the ship is within a special area and the discharge
31
occurs on or after a prescribed day;
32
(b) the sewage has been treated in a sewage treatment plant on
33
the ship, being a plant that an inspector has certified meets
34
the requirements of the regulations giving effect to paragraph
35
2.1 of Regulation 9 of Annex IV to the Convention;
36
Amendments Schedule 1
Prevention of pollution by sewage Part 1
Maritime Legislation Amendment Bill 2012 No. , 2012 5
(c) the effluent does not produce visible floating solids in the
1
waters of the sea and does not cause discolouration of the
2
waters of the sea.
3
Note:
A defendant bears an evidential burden in relation to the matter in
4
subsection (9): see subsection 13.3(3) of the Criminal Code.
5
9 Section 26DA
6
Repeal the section.
7
10 Application, saving and transitional provisions
8
(1)
The amendments made by items 1 to 8 apply in relation to the discharge
9
of sewage from a ship that occurs on or after the commencement of
10
those items.
11
(2)
A certification in force immediately before the commencement of this
12
item for the purposes of subparagraph 26D(7)(a)(i) of the Protection of
13
the Sea (Prevention of Pollution from Ships) Act 1983 has effect, on and
14
after that commencement, as if it were a certification in force for the
15
purposes of paragraph 26D(7)(a) of that Act (as amended by this Part).
16
(3)
The repeal of section 26DA of the Protection of the Sea (Prevention of
17
Pollution from Ships) Act 1983 made by this Part does not affect the
18
validity of the Proclamation made under that section before the
19
commencement of this Part.
20
21
Schedule 1 Amendments
Part 2 Prevention of pollution by garbage
6 Maritime Legislation Amendment Bill 2012 No. , 2012
Part 2--Prevention of pollution by garbage
1
Protection of the Sea (Prevention of Pollution from Ships)
2
Act 1983
3
11 Subsection 26E(1)
4
Omit "(1)".
5
12 Subsection 26E(2)
6
Repeal the subsection.
7
13 Section 26EA
8
Repeal the section, substitute:
9
26EA Object of Part
10
The object of this Part is to give effect to Australia's obligations
11
regarding the prevention of pollution by garbage from ships under
12
Annex V to the Convention.
13
14 Section 26F (heading)
14
Repeal the heading, substitute:
15
26F Prohibition of discharge of garbage into the sea
16
15 Paragraphs 26F(1)(a) and (b)
17
Omit "disposal", substitute "discharge".
18
16 Subparagraph 26F(1)(c)(i)
19
Omit "the disposal" (first occurring), substitute "the discharge occurs
20
when the ship is not within a special area, the discharge".
21
17 Subparagraph 26F(1)(c)(i)
22
Omit "Regulations 3, 5 and 6 of Annex V", substitute "Regulations 3, 4
23
and 7 of Annex V".
24
18 Subparagraph 26F(1)(c)(i)
25
Omit "where the disposal", substitute "where the discharge".
26
Amendments Schedule 1
Prevention of pollution by garbage Part 2
Maritime Legislation Amendment Bill 2012 No. , 2012 7
19 After subparagraph 26F(1)(c)(i)
1
Insert:
2
(ia) the discharge occurs when the ship is within a special
3
area, the discharge occurs into the sea near a State, the
4
Jervis Bay Territory or an external Territory and there is
5
no law of that State or Territory that makes provision
6
giving effect to Regulations 3, 6 and 7 of Annex V to
7
the Convention in relation to the area of the sea where
8
the discharge occurs;
9
20 Subparagraphs 26F(1)(c)(ib), (ii) and (iii)
10
Omit "disposal", substitute "discharge".
11
21 Before subsection 26F(3)
12
Insert:
13
Strict liability offence
14
22 Paragraph 26F(3)(a)
15
Omit "disposal", substitute "discharge".
16
23 Subparagraph 26F(3)(b)(i)
17
Omit "the disposal" (first occurring), substitute "the discharge occurs
18
when the ship is not within a special area, the discharge".
19
24 Subparagraph 26F(3)(b)(i)
20
Omit "Regulations 3, 5 and 6 of Annex V", substitute "Regulations 3, 4
21
and 7 of Annex V".
22
25 Subparagraph 26F(3)(b)(i)
23
Omit "where the disposal", substitute "where the discharge".
24
26 After subparagraph 26F(3)(b)(i)
25
Insert:
26
(ia) the discharge occurs when the ship is within a special
27
area, the discharge occurs into the sea near a State, the
28
Jervis Bay Territory or an external Territory and there is
29
no law of that State or Territory that makes provision
30
giving effect to Regulations 3, 6 and 7 of Annex V to
31
Schedule 1 Amendments
Part 2 Prevention of pollution by garbage
8 Maritime Legislation Amendment Bill 2012 No. , 2012
the Convention in relation to the area of the sea where
1
the discharge occurs;
2
27 Subparagraphs 26F(3)(b)(ib), (ii) and (iii)
3
Omit "disposal", substitute "discharge".
4
28 Before subsection 26F(5)
5
Insert:
6
Exception--discharge of garbage for ship's safety or for saving life
7
29 Subsection 26F(5)
8
Omit "disposal", substitute "discharge".
9
30 After subsection 26F(5)
10
Insert:
11
Exception--discharge of fishing gear from a ship
12
(5A) Subsection (3) does not apply to the discharge of fishing gear from
13
a ship if the discharge is for the protection of the marine
14
environment or for the safety of the ship or its crew.
15
Note:
A defendant bears an evidential burden in relation to the matter in
16
subsection (5A): see subsection 13.3(3) of the Criminal Code.
17
Exception--discharge of food wastes if health risk
18
(5B) Subsection (3) does not apply to the discharge of food wastes from
19
a ship if the retention of those wastes on board the ship presents an
20
imminent health risk to the persons on board the ship.
21
Note:
A defendant bears an evidential burden in relation to the matter in
22
subsection (5B): see subsection 13.3(3) of the Criminal Code.
23
31 Subsections 26F(6) to (8A)
24
Repeal the subsections, substitute:
25
Exception--discharge of food wastes outside a special area
26
(6) Subsection (3) does not apply to the discharge of garbage from a
27
ship if the following conditions are satisfied:
28
Amendments Schedule 1
Prevention of pollution by garbage Part 2
Maritime Legislation Amendment Bill 2012 No. , 2012 9
(a) the discharge occurs when the ship is not within a special
1
area;
2
(b) the discharge occurs when the ship is proceeding en route
3
and is as far as practicable from the nearest land;
4
(c) the garbage is food wastes;
5
(d) in the case of food wastes that have been passed through a
6
comminuter or grinder so that the wastes are capable of
7
passing through a screen with no opening greater than 25
8
millimetres:
9
(i) if the discharge occurs when the ship is not alongside,
10
or within 500 metres of, a fixed or floating platform--
11
the discharge occurs when the ship is at a distance of
12
not less than 3 nautical miles from the nearest land; or
13
(ii) if the discharge occurs when the ship is alongside, or
14
within 500 metres of, a fixed or floating platform--the
15
discharge occurs when the ship is at a distance of not
16
less than 12 nautical miles from the nearest land;
17
(e) in the case of all other food wastes:
18
(i) the discharge occurs when the ship is at a distance of
19
not less than 12 nautical miles from the nearest land;
20
and
21
(ii) the discharge occurs when the ship is not alongside, or
22
within 500 metres of, a fixed or floating platform.
23
Note:
A defendant bears an evidential burden in relation to the matter in
24
subsection (6): see subsection 13.3(3) of the Criminal Code.
25
Exception--discharge of cargo residues outside a special area
26
(7) Subsection (3) does not apply to the discharge of garbage from a
27
ship if the following conditions are satisfied:
28
(a) the discharge occurs when the ship is not within a special
29
area;
30
(b) the discharge occurs when the ship is proceeding en route
31
and is as far as practicable from the nearest land;
32
(c) the garbage is cargo residues that cannot be recovered using
33
commonly available methods for unloading;
34
(d) the cargo residues do not contain any prescribed substances;
35
(e) the discharge occurs when the ship is at a distance of not less
36
than 12 nautical miles from the nearest land;
37
Schedule 1 Amendments
Part 2 Prevention of pollution by garbage
10 Maritime Legislation Amendment Bill 2012 No. , 2012
(f) the discharge occurs when the ship is not alongside, or within
1
500 metres of, a fixed or floating platform.
2
Note:
A defendant bears an evidential burden in relation to the matter in
3
subsection (7): see subsection 13.3(3) of the Criminal Code.
4
Exception--discharge of animal carcasses outside a special area
5
(8) Subsection (3) does not apply to the discharge of garbage from a
6
ship if the following conditions are satisfied:
7
(a) the discharge occurs when the ship is not within a special
8
area;
9
(b) the discharge occurs when the ship is proceeding en route
10
and is as far as practicable from the nearest land;
11
(c) the garbage is animal carcasses;
12
(d) the prescribed requirements are satisfied;
13
(e) the discharge occurs when the ship is not alongside, or within
14
500 metres of, a fixed or floating platform.
15
Note:
A defendant bears an evidential burden in relation to the matter in
16
subsection (8): see subsection 13.3(3) of the Criminal Code.
17
Exception--discharge of cleaning agents or additives outside a
18
special area
19
(8A) Subsection (3) does not apply to the discharge of garbage from a
20
ship if the following conditions are satisfied:
21
(a) the discharge occurs when the ship is not within a special
22
area;
23
(b) the garbage is cleaning agents or additives contained in deck
24
wash water or other external surfaces wash water;
25
(c) the cleaning agents or additives are not prescribed cleaning
26
agents or additives;
27
(d) the discharge occurs when the ship is not alongside, or within
28
500 metres of, a fixed or floating platform.
29
Note:
A defendant bears an evidential burden in relation to the matter in
30
subsection (8A): see subsection 13.3(3) of the Criminal Code.
31
Exception--discharge of food wastes in a special area
32
(8B) Subsection (3) does not apply to the discharge of garbage from a
33
ship if the following conditions are satisfied:
34
(a) the discharge occurs when the ship is within a special area;
35
Amendments Schedule 1
Prevention of pollution by garbage Part 2
Maritime Legislation Amendment Bill 2012 No. , 2012 11
(b) the discharge occurs when the ship is proceeding en route;
1
(c) the garbage is food wastes;
2
(d) the food wastes have been passed through a comminuter or
3
grinder so that the wastes are capable of passing through a
4
screen with no opening greater than 25 millimetres;
5
(e) the food wastes have not been contaminated by any other
6
kind of garbage;
7
(f) the discharge occurs when the ship is as far as practicable
8
from, and is at a distance of not less than 12 nautical miles
9
from, the nearest land or iceshelf;
10
(g) if the discharge is of introduced avian products (including
11
poultry and poultry parts) in the Antarctic area--those
12
products have been treated to be made sterile.
13
Note:
A defendant bears an evidential burden in relation to the matter in
14
subsection (8B): see subsection 13.3(3) of the Criminal Code.
15
Exceptions--discharge of cargo residues, cleaning agents or
16
additives in a special area
17
(8C) Subsection (3) does not apply to the discharge of garbage from a
18
ship if the following conditions are satisfied:
19
(a) the discharge occurs when the ship is within a special area;
20
(b) the discharge occurs when the ship is proceeding en route;
21
(c)
either:
22
(i) the garbage is cargo residues that are contained in cargo
23
hold wash water, that cannot be recovered using
24
commonly available methods for unloading and that do
25
not contain any prescribed substances; or
26
(ii) the garbage is cleaning agents or additives contained in
27
cargo hold wash water and the cleaning agents or
28
additives are not prescribed cleaning agents or
29
additives;
30
(d) the port of departure and the next port of destination are
31
within the special area;
32
(e) the ship's voyage plan (however described), as in force
33
immediately before the start of the ship's voyage, does not
34
show the ship transiting outside the special area between the
35
port of departure and the next port of destination;
36
(f) at the port of departure and the next port of destination there
37
are no reception facilities that comply with guidelines (as in
38
Schedule 1 Amendments
Part 2 Prevention of pollution by garbage
12 Maritime Legislation Amendment Bill 2012 No. , 2012
force from time to time) developed by the International
1
Maritime Organization for the purposes of subparagraph
2
1.2.3 of Regulation 6 of Annex V to the Convention;
3
(g) the discharge occurs when the ship is as far as practicable
4
from, and is at a distance of not less than 12 nautical miles
5
from, the nearest land or iceshelf;
6
(h) the discharge occurs when the ship is not alongside, or within
7
500 metres of, a fixed or floating platform.
8
Note:
A defendant bears an evidential burden in relation to the matter in
9
subsection (8C): see subsection 13.3(3) of the Criminal Code.
10
(8D) Subsection (3) does not apply to the discharge of garbage from a
11
ship if the following conditions are satisfied:
12
(a) the discharge occurs when the ship is within a special area;
13
(b) the discharge occurs when the ship is proceeding en route;
14
(c) the garbage is cleaning agents or additives contained in deck
15
wash water or other external surfaces wash water;
16
(d) the cleaning agents or additives are not prescribed cleaning
17
agents or additives;
18
(e) the discharge occurs when the ship is not alongside, or within
19
500 metres of, a fixed or floating platform.
20
Note:
A defendant bears an evidential burden in relation to the matter in
21
subsection (8D): see subsection 13.3(3) of the Criminal Code.
22
32 Subsection 26F(9)
23
Repeal the subsection, substitute:
24
Exception--accidental loss of garbage because of damage to a
25
ship or its equipment
26
(9) If garbage from a ship is accidentally lost into the sea because of
27
damage to the ship or its equipment, subsection (3) does not apply
28
to the discharge of the garbage if all reasonable precautions were
29
taken before and after the occurrence of the damage to prevent or
30
minimise the loss.
31
Note:
A defendant bears an evidential burden in relation to the matter in
32
subsection (9): see subsection 13.3(3) of the Criminal Code.
33
33 Before subsection 26F(9A)
34
Insert:
35
Amendments Schedule 1
Prevention of pollution by garbage Part 2
Maritime Legislation Amendment Bill 2012 No. , 2012 13
Meaning of damage to a ship or its equipment
1
34 Subsection 26F(10)
2
Repeal the subsection, substitute:
3
Exception--accidental loss of fishing gear
4
(10) If fishing gear from a ship is accidentally lost into the sea,
5
subsection (3) does not apply to the discharge of the gear if all
6
reasonable precautions were taken to prevent the loss.
7
Note:
A defendant bears an evidential burden in relation to the matter in
8
subsection (10): see subsection 13.3(3) of the Criminal Code.
9
35 Before subsection 26F(11)
10
Insert:
11
Other more stringent requirements
12
36 Subsection 26F(11)
13
Omit "Without limiting the generality of subsection (5), where",
14
substitute "If".
15
37 Paragraph 26F(11)(a)
16
After "mixed with", insert ", or contaminated by,".
17
38 Paragraph 26F(11)(c)
18
Omit "apply to the disposal", substitute "applies to the discharge".
19
39 Paragraph 26F(11)(c)
20
Omit "subsection (6), (7), (8), (9) or (10)", substitute "subsection (6),
21
(7), (8), (8A), (8B), (8C), (8D), (9) or (10)".
22
40 Paragraph 26F(11)(d)
23
Omit "do not apply to the disposal", substitute "does not apply to the
24
discharge".
25
41 After subsection 26F(11)
26
Insert:
27
Schedule 1 Amendments
Part 2 Prevention of pollution by garbage
14 Maritime Legislation Amendment Bill 2012 No. , 2012
Interpretation
1
(12) Subsections (6) to (8D) do not limit the generality of
2
subsections (5) and (5B).
3
(12A) Subsection (11) does not limit the generality of subsections (5),
4
(5A) and (5B).
5
42 Subsection 26F(13)
6
Omit "that may contain toxic or heavy metal residues".
7
43 Subsection 26FB(4)
8
Omit "2 years", substitute "one year".
9
44 Section 26FC (heading)
10
Repeal the heading, substitute:
11
26FC Garbage management plan
12
45 Paragraph 26FC(1)(a)
13
Omit "400", substitute "100".
14
46 Subsection 26FC(2)
15
Omit "shipboard waste management plan", substitute "garbage
16
management plan".
17
47 Subsection 26FC(2)
18
Omit "master of, and the officers on board, the ship", substitute "crew
19
of the ship".
20
48 Subsection 26FC(3)
21
Omit "shipboard waste management plan", substitute "garbage
22
management plan".
23
49 Paragraph 26FC(3)(b)
24
After "procedures for", insert "minimising,".
25
50 Paragraph 26FC(3)(b)
26
Omit "disposing of", substitute "discharging".
27
Amendments Schedule 1
Prevention of pollution by garbage Part 2
Maritime Legislation Amendment Bill 2012 No. , 2012 15
51 Paragraph 26FC(3)(c)
1
Omit "who is", substitute "or persons who are".
2
52 Subsections 26FC(4) and (5)
3
Omit "shipboard waste management plan", substitute "garbage
4
management plan".
5
53 Section 26FD (heading)
6
Repeal the heading, substitute:
7
26FD Placards relating to requirements for discharge of garbage
8
54 Subsection 26FD(1)
9
Omit "disposed of", substitute "discharged".
10
55 Subsection 26FD(1)
11
Omit "disposal", substitute "discharge".
12
56 Subsection 26FD(2)
13
Omit "English language", substitute "working language of the crew of
14
the ship".
15
57 Subsection 26FD(3)
16
Repeal the subsection, substitute:
17
(3) If the ship is a foreign ship that is engaged on a voyage to an
18
Australian port or to an Australian offshore terminal:
19
(a) the placard or each placard must be written in the working
20
language of the crew of the ship; and
21
(b) if the working language of the crew of the ship is not English,
22
French or Spanish--the placard or each placard must also be
23
written in English, French or Spanish.
24
58 Subsection 26FE(1)
25
Omit "disposed of", substitute "discharged".
26
59 Subsection 26FE(1)
27
Omit "disposal", substitute "discharge".
28
Schedule 1 Amendments
Part 2 Prevention of pollution by garbage
16 Maritime Legislation Amendment Bill 2012 No. , 2012
60 Subsection 32(1B)
1
Omit "shipboard waste management plan", substitute "garbage
2
management plan".
3
61 Application and saving provisions
4
(1)
The amendments made by items 14 to 42 apply in relation to the
5
discharge of garbage from a ship that occurs on or after the
6
commencement of those items.
7
(2)
Despite the amendments made by items 14 to 42, section 26F of the
8
Protection of the Sea (Prevention of Pollution from Ships) Act 1983, as
9
in force immediately before the commencement of those items,
10
continues to apply on and after that commencement in relation to the
11
disposal of garbage from a ship that occurred before that
12
commencement.
13
(3)
The amendment made by item 43 applies in relation to a garbage record
14
book, where the last entry is made in the book on or after the
15
commencement of that item.
16
(4)
The amendments made by items 44 to 57 apply in relation to voyages of
17
ships that begin on or after the commencement of those items.
18
(5)
The amendments made by items 58 and 59 apply in relation to notices
19
given on or after the commencement of those items.
20
21
Amendments Schedule 1
Prevention of air pollution Part 3
Maritime Legislation Amendment Bill 2012 No. , 2012 17
Part 3--Prevention of air pollution
1
Protection of the Sea (Prevention of Pollution from Ships)
2
Act 1983
3
62 At the end of Part IIID
4
Add:
5
Division 5--Ship energy efficiency management plan
6
26FEW Ship energy efficiency management plan
7
(1) This section applies to an Australian ship that:
8
(a) has a gross tonnage of 400 or more; and
9
(b) is engaged on an overseas voyage.
10
Ship to carry ship energy efficiency management plan
11
(2) There must be kept on board the ship a ship energy efficiency
12
management plan.
13
(3) A ship energy efficiency management plan must contain the
14
information prescribed by the regulations for the purposes of this
15
subsection.
16
Strict liability offence
17
(4) The master and the owner of the ship each commit an offence of
18
strict liability if the ship does not have on board a ship energy
19
efficiency management plan as required by this section.
20
Penalty for contravention of this subsection: 200 penalty units.
21
Note:
For strict liability, see section 6.1 of the Criminal Code.
22
63 Application provision
23
The amendment made by item 62 applies in relation to voyages of
24
Australian ships that begin on or after the commencement of that item.
25
26
Schedule 1 Amendments
Part 4 Roll-back provisions
18 Maritime Legislation Amendment Bill 2012 No. , 2012
Part 4--Roll-back provisions
1
Protection of the Sea (Prevention of Pollution from Ships)
2
Act 1983
3
64 Subsection 3(1)
4
Insert:
5
outer territorial sea: see subsection (1D).
6
65 Subsection 3(1)
7
Insert:
8
sea near:
9
(a) for a State--see subsection (1A); or
10
(b) for the Jervis Bay Territory--see subsection (1B); or
11
(c)
for an external Territory--see subsection (1C).
12
66 Subsections 3(1A) to (1BA)
13
Repeal the subsections, substitute:
14
(1A) For the purposes of this Act, the sea near a State is:
15
(a) the part or parts of the territorial sea that are:
16
(i) within 3 nautical miles of the baseline of the territorial
17
sea; and
18
(ii) adjacent to the State; and
19
(b) the waters of the sea that are:
20
(i) on the landward side of the baseline of the territorial
21
sea; and
22
(ii) adjacent to the State and not within the limits of the
23
State.
24
(1B) For the purposes of this Act, the sea near the Jervis Bay Territory
25
is the sea in that Territory.
26
(1C) For the purposes of this Act, the sea near an external Territory is:
27
(a) the part or parts of the territorial sea that are:
28
(i) within 3 nautical miles of the baseline of the territorial
29
sea; and
30
(ii) adjacent to the Territory; and
31
Amendments Schedule 1
Roll-back provisions Part 4
Maritime Legislation Amendment Bill 2012 No. , 2012 19
(b) the waters of the sea that are:
1
(i) on the landward side of the baseline of the territorial
2
sea; and
3
(ii) adjacent to the Territory.
4
(1D) For the purposes of this Act, the outer territorial sea is the
5
territorial sea other than the part or parts of the territorial sea that
6
are:
7
(a) within 3 nautical miles of the baseline of the territorial sea;
8
and
9
(b) adjacent to a State or an external Territory.
10
(1E) For the purposes of this Act, the laws of the Jervis Bay Territory
11
are taken to include laws, other than this Act, in force in that
12
Territory.
13
67 After subparagraph 9(1B)(b)(i)
14
Insert:
15
(ia) the discharge occurs into the outer territorial sea;
16
68 Subsections 11(1A) and (1B)
17
Repeal the subsections.
18
69 After subsection 11(8)
19
Insert:
20
(9) This section does not apply in relation to a prescribed incident, in
21
relation to a ship, that occurs in the sea near a State, the Jervis Bay
22
Territory or an external Territory to the extent that a law of that
23
State or Territory makes provision giving effect to Protocol I to the
24
Convention in relation to that prescribed incident.
25
Note:
A defendant bears an evidential burden in relation to the matter in
26
subsection (9): see subsection 13.3(3) of the Criminal Code.
27
(9A) This section does not apply in relation to a prescribed incident that
28
occurs in relation to a foreign ship if the incident occurs outside the
29
following:
30
(a) the sea near a State;
31
(b) the sea near the Jervis Bay Territory;
32
(c) the sea near an external Territory;
33
(d) the outer territorial sea;
34
Schedule 1 Amendments
Part 4 Roll-back provisions
20 Maritime Legislation Amendment Bill 2012 No. , 2012
(e) the exclusive economic zone.
1
Note:
A defendant bears an evidential burden in relation to the matter in
2
subsection (9A): see subsection 13.3(3) of the Criminal Code.
3
70 After subparagraph 11B(1)(d)(i)
4
Insert:
5
(ia) the transfer occurs while the subject oil tanker is in the
6
outer territorial sea;
7
71 Paragraph 11C(1)(c)
8
Omit "either", substitute "one".
9
72 After subparagraph 11C(1)(c)(i)
10
Insert:
11
(ia) the transfer occurs while the subject oil tanker is in the
12
outer territorial sea;
13
73 Paragraph 11F(1)(d)
14
Omit "either", substitute "one".
15
74 After subparagraph 11F(1)(d)(i)
16
Insert:
17
(ia) the transfer occurs while the subject oil tanker is in the
18
outer territorial sea;
19
75 Paragraph 11F(2)(d)
20
Omit "either", substitute "one".
21
76 After subparagraph 11F(2)(d)(i)
22
Insert:
23
(ia) the transfer occurs while the subject oil tanker is in the
24
outer territorial sea;
25
77 After subparagraph 17(1)(f)(i)
26
Insert:
27
(ia) the ship is in the outer territorial sea;
28
78 After subparagraph 17(2)(d)(i)
29
Insert:
30
Amendments Schedule 1
Roll-back provisions Part 4
Maritime Legislation Amendment Bill 2012 No. , 2012 21
(ia) the ship is in the outer territorial sea;
1
79 After subparagraph 21(1)(c)(i)
2
Insert:
3
(ia) the discharge occurs into the outer territorial sea;
4
80 After subparagraph 21(1B)(b)(i)
5
Insert:
6
(ia) the discharge occurs into the outer territorial sea;
7
81 Subsections 22(1A) and (1B)
8
Repeal the subsections.
9
82 After subsection 22(9)
10
Insert:
11
(9A) This section does not apply in relation to a prescribed incident, in
12
relation to a ship, that occurs in the sea near a State, the Jervis Bay
13
Territory or an external Territory to the extent that a law of that
14
State or Territory makes provision giving effect to Protocol I to the
15
Convention in relation to that prescribed incident.
16
Note:
A defendant bears an evidential burden in relation to the matter in
17
subsection (9A): see subsection 13.3(3) of the Criminal Code.
18
(9B) This section does not apply in relation to a prescribed incident that
19
occurs in relation to a foreign ship if the incident occurs outside the
20
following:
21
(a) the sea near a State;
22
(b) the sea near the Jervis Bay Territory;
23
(c) the sea near an external Territory;
24
(d) the outer territorial sea;
25
(e) the exclusive economic zone.
26
Note:
A defendant bears an evidential burden in relation to the matter in
27
subsection (9B): see subsection 13.3(3) of the Criminal Code.
28
83 After subparagraph 26AB(1)(c)(i)
29
Insert:
30
(ia) the jettisoning occurs into the outer territorial sea;
31
84 After subparagraph 26AB(3)(b)(i)
32
Schedule 1 Amendments
Part 4 Roll-back provisions
22 Maritime Legislation Amendment Bill 2012 No. , 2012
Insert:
1
(ia) the jettisoning occurs into the outer territorial sea;
2
85 Subsections 26B(1) and (2)
3
Repeal the subsections.
4
86 After subsection 26B(10A)
5
Insert:
6
(10B) This section does not apply in relation to a prescribed incident, in
7
relation to a ship, that occurs in the sea near a State, the Jervis Bay
8
Territory or an external Territory to the extent that a law of that
9
State or Territory makes provision giving effect to Protocol I to the
10
Convention in relation to that prescribed incident.
11
Note:
A defendant bears an evidential burden in relation to the matter in
12
subsection (10B): see subsection 13.3(3) of the Criminal Code.
13
(10C) This section does not apply in relation to a prescribed incident that
14
occurs in relation to a foreign ship if the incident occurs outside the
15
following:
16
(a) the sea near a State;
17
(b) the sea near the Jervis Bay Territory;
18
(c) the sea near an external Territory;
19
(d) the outer territorial sea;
20
(e) the exclusive economic zone.
21
Note:
A defendant bears an evidential burden in relation to the matter in
22
subsection (10C): see subsection 13.3(3) of the Criminal Code.
23
87 Paragraph 26BC(1)(c)
24
Repeal the paragraph, substitute:
25
(c) where the discharge:
26
(i) does not occur in the territorial sea adjacent to the
27
Australian Antarctic Territory; and
28
(ii) does not occur in the sea on the landward side of the
29
territorial sea adjacent to the Australian Antarctic
30
Territory;
31
the ship is an Australian ship;
32
88 Paragraph 26BC(2A)(b)
33
Repeal the paragraph, substitute:
34
Amendments Schedule 1
Roll-back provisions Part 4
Maritime Legislation Amendment Bill 2012 No. , 2012 23
(b) where the discharge:
1
(i) does not occur in the territorial sea adjacent to the
2
Australian Antarctic Territory; and
3
(ii) does not occur in the sea on the landward side of the
4
territorial sea adjacent to the Australian Antarctic
5
Territory;
6
the ship is an Australian ship;
7
89 Before subparagraph 26D(1)(c)(ii)
8
Insert:
9
(ib) the discharge occurs into the outer territorial sea;
10
90 Before subparagraph 26D(3)(b)(ii)
11
Insert:
12
(ib) the discharge occurs into the outer territorial sea;
13
91 Before subparagraph 26F(1)(c)(ii)
14
Insert:
15
(ib) the disposal occurs into the outer territorial sea;
16
92 Before subparagraph 26F(3)(b)(ii)
17
Insert:
18
(ib) the disposal occurs into the outer territorial sea;
19
93 After subparagraph 26FEG(1)(d)(i)
20
Insert:
21
(ia) the fuel oil is used while the ship is in the outer
22
territorial sea;
23
94 After subparagraph 26FEG(2)(b)(i)
24
Insert:
25
(ia) the fuel oil is used while the ship is in the outer
26
territorial sea;
27
95 After subparagraph 26FEL(c)(i)
28
Insert:
29
(ia) in the outer territorial sea; or
30
Schedule 1 Amendments
Part 4 Roll-back provisions
24 Maritime Legislation Amendment Bill 2012 No. , 2012
96 After subparagraph 26FEN(1)(c)(i)
1
Insert:
2
(ia) the fuel oil is used while the ship is in the outer
3
territorial sea;
4
97 After subparagraph 26FEO(1)(c)(i)
5
Insert:
6
(ia) in the outer territorial sea; or
7
98 After subparagraph 26FEO(2)(c)(i)
8
Insert:
9
(ia) in the outer territorial sea; or
10
99 After subparagraph 26FEP(1)(d)(i)
11
Insert:
12
(ia) in the outer territorial sea; or
13
100 After subparagraph 26FES(1)(c)(i)
14
Insert:
15
(ia) in the outer territorial sea; or
16
101 Application provisions
17
(1)
The amendment made by item 67 applies in relation to the discharge of
18
oil or an oily mixture from a ship on or after the commencement of that
19
item.
20
(2)
The amendments made by items 68, 69, 81, 82, 85 and 86 apply in
21
relation to a prescribed incident, in relation to a ship, that occurs on or
22
after the commencement of those items.
23
(3)
The amendments made by items 70 to 76 apply in relation to the
24
transfer of oil cargo on or after the commencement of those items.
25
(4)
The amendments made by items 77 and 78 apply in relation to voyages
26
of Australian ships that begin on or after the commencement of those
27
items.
28
(5)
The amendments made by items 79 and 80 apply in relation to the
29
discharge of a liquid substance, or of a mixture containing a liquid
30
substance, from a ship on or after the commencement of those items.
31
Amendments Schedule 1
Roll-back provisions Part 4
Maritime Legislation Amendment Bill 2012 No. , 2012 25
(6)
The amendments made by items 83 and 84 apply in relation to the
1
jettisoning of harmful substances from a ship on or after the
2
commencement of those items.
3
(7)
The amendments made by items 89 and 90 apply in relation to the
4
discharge of sewage from a ship on or after the commencement of those
5
items.
6
(8)
The amendments made by items 91 and 92 apply in relation to the
7
disposal of garbage from a ship on or after the commencement of those
8
items.
9
(9)
The amendments made by items 93, 94 and 96 apply in relation to the
10
use of fuel oil on or after the commencement of those items.
11
(10)
The amendments made by items 95, 97, 98 and 99 apply in relation to
12
deliveries of fuel oil that occur on or after the commencement of those
13
items.
14
(11)
The amendment made by item 100 applies in relation to deliveries of
15
gas fuel that occur on or after the commencement of that item.
16
17
Schedule 1 Amendments
Part 5 Other amendments
26 Maritime Legislation Amendment Bill 2012 No. , 2012
Part 5--Other amendments
1
Protection of the Sea (Prevention of Pollution from Ships)
2
Act 1983
3
102 Subparagraph 9(1B)(b)(i)
4
Omit "that sea", substitute "the area of the sea where the discharge
5
occurs".
6
103 Subsection 9(2) (note)
7
Repeal the note, substitute:
8
Note:
A defendant bears an evidential burden in relation to the matter in
9
subsection (2): see subsection 13.3(3) of the Criminal Code.
10
104 Subsection 11(2) (note)
11
Repeal the note, substitute:
12
Note:
A defendant bears an evidential burden in relation to the matter in
13
subsection (2): see subsection 13.3(3) of the Criminal Code.
14
105 Subsection 11(4) (note)
15
Repeal the note, substitute:
16
Note:
A defendant bears an evidential burden in relation to the matter in
17
subsection (4): see subsection 13.3(3) of the Criminal Code.
18
106 Subparagraph 11B(1)(d)(i)
19
Omit "that sea", substitute "the area of the sea where the transfer
20
occurs".
21
107 Subparagraph 11C(1)(c)(i)
22
Omit "that sea", substitute "the area of the sea where the transfer
23
occurs".
24
108 Subparagraphs 11F(1)(d)(i) and (2)(d)(i)
25
Omit "that sea", substitute "the area of the sea where the transfer
26
occurs".
27
109 Subparagraphs 17(1)(f)(i) and (2)(d)(i)
28
Omit "that sea", substitute "the area of the sea where the substance is
29
being carried".
30
Amendments Schedule 1
Other amendments Part 5
Maritime Legislation Amendment Bill 2012 No. , 2012 27
110 Subparagraphs 21(1)(c)(i) and (1B)(b)(i)
1
Omit "that sea", substitute "the area of the sea where the discharge
2
occurs".
3
111 Subsection 21(2) (note)
4
Repeal the note, substitute:
5
Note:
A defendant bears an evidential burden in relation to the matter in
6
subsection (2): see subsection 13.3(3) of the Criminal Code.
7
112 Subsection 22(2) (note)
8
Repeal the note, substitute:
9
Note:
A defendant bears an evidential burden in relation to the matter in
10
subsection (2): see subsection 13.3(3) of the Criminal Code.
11
113 Subsection 22(4) (note)
12
Repeal the note, substitute:
13
Note:
A defendant bears an evidential burden in relation to the matter in
14
subsection (4): see subsection 13.3(3) of the Criminal Code.
15
114 Subparagraphs 26AB(1)(c)(i) and (3)(b)(i)
16
Omit "that sea", substitute "the area of the sea where the jettisoning
17
occurs".
18
115 Subsection 26AB(5) (note)
19
Repeal the note, substitute:
20
Note:
A defendant bears an evidential burden in relation to the matter in
21
subsection (5): see subsection 13.3(3) of the Criminal Code.
22
116 Subsection 26AB(6) (note)
23
Repeal the note, substitute:
24
Note:
A defendant bears an evidential burden in relation to the matter in
25
subsection (6): see subsection 13.3(3) of the Criminal Code.
26
117 Subsection 26B(4) (note)
27
Repeal the note, substitute:
28
Note:
A defendant bears an evidential burden in relation to the matter in
29
subsection (4): see subsection 13.3(3) of the Criminal Code.
30
118 Subsection 26B(6) (note)
31
Schedule 1 Amendments
Part 5 Other amendments
28 Maritime Legislation Amendment Bill 2012 No. , 2012
Repeal the note, substitute:
1
Note:
A defendant bears an evidential burden in relation to the matter in
2
subsection (6): see subsection 13.3(3) of the Criminal Code.
3
119 Subsection 26BC(3) (note)
4
Repeal the note, substitute:
5
Note:
A defendant bears an evidential burden in relation to the matter in
6
subsection (3): see subsection 13.3(3) of the Criminal Code.
7
120 Subsection 26BC(4) (note)
8
Repeal the note, substitute:
9
Note:
A defendant bears an evidential burden in relation to the matter in
10
subsection (4): see subsection 13.3(3) of the Criminal Code.
11
121 Subparagraphs 26D(1)(c)(i) and (3)(b)(i)
12
Omit "that sea", substitute "the area of the sea where the discharge
13
occurs".
14
122 Subsection 26D(5) (note)
15
Repeal the note, substitute:
16
Note:
A defendant bears an evidential burden in relation to the matter in
17
subsection (5): see subsection 13.3(3) of the Criminal Code.
18
123 Subsection 26D(6) (note)
19
Repeal the note, substitute:
20
Note:
A defendant bears an evidential burden in relation to the matter in
21
subsection (6): see subsection 13.3(3) of the Criminal Code.
22
124 Subsection 26D(7) (note)
23
Repeal the note, substitute:
24
Note:
A defendant bears an evidential burden in relation to the matter in
25
subsection (7): see subsection 13.3(3) of the Criminal Code.
26
125 Subparagraphs 26F(1)(c)(i) and (3)(b)(i)
27
Omit "that sea", substitute "the area of the sea where the disposal
28
occurs".
29
126 Subsection 26F(5) (note)
30
Repeal the note, substitute:
31
Amendments Schedule 1
Other amendments Part 5
Maritime Legislation Amendment Bill 2012 No. , 2012 29
Note:
A defendant bears an evidential burden in relation to the matter in
1
subsection (5): see subsection 13.3(3) of the Criminal Code.
2
127 Subparagraphs 26FEG(1)(d)(i) and (2)(b)(i)
3
Omit "that sea", substitute "the area of the sea where the fuel oil is
4
used".
5
128 Subparagraph 26FEL(c)(i)
6
Omit "that sea", substitute "the area of the sea where the delivery
7
happens".
8
129 Subparagraph 26FEN(1)(c)(i)
9
Omit "that sea", substitute "the area of the sea where the fuel oil is
10
used".
11
130 Subparagraphs 26FEO(1)(c)(i) and (2)(c)(i)
12
Omit "that sea", substitute "the area of the sea where the delivery
13
happens".
14
131 Subparagraph 26FEP(1)(d)(i)
15
Omit "that sea", substitute "the area of the sea where the delivery
16
happens".
17
132 Subparagraph 26FES(1)(c)(i)
18
Omit "that sea", substitute "the area of the sea where the delivery
19
happens".
20
21
Schedule 2 Repeal of Acts
30 Maritime Legislation Amendment Bill 2012 No. , 2012
Schedule 2--Repeal of Acts
1
2
Stevedoring Levy (Collection) Act 1998
3
1 The whole of the Act
4
Repeal the Act.
5
Stevedoring Levy (Imposition) Act 1998
6
2 The whole of the Act
7
Repeal the Act.
8

 

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