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This is a Bill, not an Act. For current law, see the Acts databases.
2022
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Maritime Legislation Amendment Bill
2022
No. , 2022
(Infrastructure, Transport, Regional Development, Communications and the Arts)
A Bill for an Act to amend the law relating to the
protection of the sea, and for related purposes
No. , 2022
Maritime Legislation Amendment Bill 2022
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Discharge of persistent floaters
3
Protection of the Sea (Prevention of Pollution from Ships) Act 1983
3
Schedule 2--Carriage of heavy grade oil in Arctic waters
7
Protection of the Sea (Prevention of Pollution from Ships) Act 1983
7
Schedule 3--Extension of controls on anti-fouling systems
9
Protection of the Sea (Harmful Anti-fouling Systems) Act 2006
9
Schedule 4--Marine orders
12
Protection of the Sea (Harmful Anti-fouling Systems) Act 2006
12
Protection of the Sea (Prevention of Pollution from Ships) Act 1983
12
No. , 2022
Maritime Legislation Amendment Bill 2022
1
A Bill for an Act to amend the law relating to the
1
protection of the sea, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the
Maritime Legislation Amendment Act 2022
.
5
2 Commencement
6
(1) Each provision of this Act specified in column 1 of the table
7
commences, or is taken to have commenced, in accordance with
8
column 2 of the table. Any other statement in column 2 has effect
9
according to its terms.
10
11
2
Maritime Legislation Amendment Bill 2022
No. , 2022
Commencement information
Column 1
Column 2
Column 3
Provisions
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
The day after this Act receives the Royal
Assent.
3. Schedule 2
The later of:
(a) the day after this Act receives the Royal
Assent; and
(b) 1 November 2022.
4. Schedule 3
The later of:
(a) the day after this Act receives the Royal
Assent; and
(b) 1 January 2023.
5. Schedule 4
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Discharge of persistent floaters
Schedule 1
No. , 2022
Maritime Legislation Amendment Bill 2022
3
Schedule 1--Discharge of persistent floaters
1
2
Protection of the Sea (Prevention of Pollution from Ships)
3
Act 1983
4
1 Subsection 15(1)
5
Insert:
6
regulated persistent floater
means a persistent floater with:
7
(a) a viscosity equal to or greater than 50 mPa*s at 20°C; or
8
(b) a melting point equal to or greater than 0°C.
9
2 Subsection 21(4)
10
Omit "subsection (12)", substitute "subsections (12) and (13)".
11
3 Subparagraph 21(4)(a)(ii)
12
Omit "regulations made for the purposes of section 26", substitute "the
13
prewash procedure specified in Appendix VI to Annex II".
14
4 Subsection 21(4)
15
Omit "following conditions are satisfied:", substitute "conditions in
16
subsection (9A) are satisfied.".
17
5 Paragraphs 21(4)(d), (e) and (f)
18
Repeal the paragraphs (not including the note).
19
6 Subsection 21(5)
20
Omit "subsection (12)", substitute "subsections (12), (13) and (13A)".
21
7 Subparagraph 21(5)(a)(iv)
22
Omit "regulations made for the purposes of section 26", substitute "the
23
prewash procedure specified in Appendix VI to Annex II".
24
8 Subsection 21(5)
25
Omit "following conditions are satisfied:", substitute "conditions in
26
subsection (9A) are satisfied.".
27
Schedule 1
Discharge of persistent floaters
4
Maritime Legislation Amendment Bill 2022
No. , 2022
9 Paragraphs 21(5)(d), (e) and (f)
1
Repeal the paragraphs (not including the note).
2
10 After subsection 21(5)
3
Insert:
4
Regulated persistent floaters in Category Y
5
(5A) Subject to subsections (12) and (13), if:
6
(a) the tank of a ship that held:
7
(i) a regulated persistent floater in Category Y; or
8
(ii) a mixture containing a regulated persistent floater in
9
Category Y;
10
has been:
11
(iii) emptied to the maximum extent in accordance with
12
procedures in the Procedures and Arrangements
13
Manual; and
14
(iv) washed in accordance with the prewash procedure
15
specified in Appendix VI to Annex II; and
16
(b) the resulting residues in the tank have been discharged to a
17
reception facility at the port of unloading until the tank is
18
empty; and
19
(c) the residue then remaining in the tank has been subsequently
20
diluted with water;
21
subsection (1B) does not apply to the discharge from the ship of
22
the water containing that residue, into the North West European
23
waters, the Baltic Sea area, the Western European waters or the
24
Norwegian Sea, if the conditions in subsection (9A) are satisfied.
25
Note:
A defendant bears an evidential burden in relation to the matters in
26
subsection (5A) (see subsection 13.3(3) of the
Criminal Code
).
27
11 Subsection 21(6)
28
Omit "subsection (12)", substitute "subsections (12), (13) and (13A)".
29
12 Subsection 21(6)
30
Omit "following conditions are satisfied:", substitute "conditions in
31
subsection (9A) are satisfied.".
32
Discharge of persistent floaters
Schedule 1
No. , 2022
Maritime Legislation Amendment Bill 2022
5
13 Paragraphs 21(6)(c), (d) and (e)
1
Repeal the paragraphs (not including the note).
2
14 Subsection 21(7)
3
Omit "subsection (12)", substitute "subsections (12) and (13)".
4
15 Subsection 21(8)
5
Omit "subsection (12)", substitute "subsections (12) and (13)".
6
16 Subsection 21(8)
7
Omit "following conditions are satisfied:", substitute "conditions in
8
subsection (9A) are satisfied.".
9
17 Paragraphs 21(8)(d) to (g)
10
Repeal the paragraphs (not including the note).
11
18 Subsection 21(9)
12
Omit "paragraph (8)(f)", substitute "paragraph (9A)(c) in relation to the
13
discharge into the sea of residue referred to in subsection (8)".
14
19 After subsection 21(9)
15
Insert:
16
Conditions for the discharge of residue into the sea
17
(9A) For the purposes of subsections (4), (5), (5A), (6) and (8), the
18
following conditions must be satisfied in relation to the discharge
19
of any residue into the sea:
20
(a) the discharge is made when the ship is proceeding en route at
21
a speed of:
22
(i) at least 7 knots, if the ship is self-propelled; or
23
(ii) at least 4 knots, if the ship is not self-propelled;
24
(b) the discharge is made below the ship's waterline through the
25
ship's underwater discharge outlets at a rate not exceeding
26
the maximum rate for which each underwater discharge
27
outlet is designed;
28
(c) the discharge is made when the ship is at least 12 nautical
29
miles from the nearest land;
30
Schedule 1
Discharge of persistent floaters
6
Maritime Legislation Amendment Bill 2022
No. , 2022
(d) the discharge is made when the ship is in water at least 25
1
metres deep.
2
20 After subsection 21(13)
3
Insert:
4
Subsections (5) and (6) do not apply to discharges of regulated
5
persistent floaters in certain waters
6
(13A) Subsections (5) and (6) do not apply to the discharge from a ship of
7
water containing residues from tanks that held regulated persistent
8
floaters, or mixtures containing regulated persistent floaters, in the
9
North West European waters, the Baltic Sea area, the Western
10
European waters or the Norwegian Sea.
11
21 Subsection 22(10) (paragraphs (a) and (b) of the definition
12
of prescribed incident)
13
After "(5)", insert ", (5A)".
14
Carriage of heavy grade oil in Arctic waters
Schedule 2
No. , 2022
Maritime Legislation Amendment Bill 2022
7
Schedule 2--Carriage of heavy grade oil in
1
Arctic waters
2
3
Protection of the Sea (Prevention of Pollution from Ships)
4
Act 1983
5
1 Subsection 3(1)
6
Insert:
7
ship with fuel tank protection
means either of the following:
8
(a) a ship with an aggregate oil fuel capacity of 600 m
3
or above
9
which is delivered on or after 1 August 2010 (as defined in
10
regulation 1.28.9 of Annex I to the Convention);
11
(b) a category A ship, or category B ship, constructed on or after
12
1 January 2017 with an aggregate oil fuel capacity of less
13
than 600 m
3
.
14
ship without fuel tank protection
means a ship other than a ship
15
with fuel tank protection.
16
2 After section 10A
17
Insert:
18
10AA Prohibition of carriage or use of heavy grade oil on Australian
19
ships in Arctic waters
20
(1) A person commits an offence if:
21
(a) the person is the master or owner of an Australian ship; and
22
(b) the person engages in conduct; and
23
(c) the conduct results in heavy grade oil being used, or carried
24
for use, as fuel on the ship in Arctic waters; and
25
(d) either of the following apply:
26
(i) for a ship without fuel tank protection--the person
27
engages in the conduct on or after 1 July 2024;
28
(ii) for a ship with fuel tank protection--the person engages
29
in the conduct on or after 1 July 2029.
30
Penalty: 2,000 penalty units.
31
Schedule 2
Carriage of heavy grade oil in Arctic waters
8
Maritime Legislation Amendment Bill 2022
No. , 2022
(2) A person commits an offence if:
1
(a) the person is the master or owner of an Australian ship; and
2
(b) the person engages in conduct; and
3
(c) the conduct results in heavy grade oil being used, or carried
4
for use, as fuel on the ship in Arctic waters; and
5
(d) either of the following apply:
6
(i) for a ship without fuel tank protection--the person
7
engages in the conduct on or after 1 July 2024;
8
(ii) for a ship with fuel tank protection--the person engages
9
in the conduct on or after 1 July 2029.
10
Penalty: 500 penalty units.
11
(3) An offence against subsection (2) is an offence of strict liability.
12
(4) Subsections (1) and (2) do not apply to heavy grade oil that is
13
carried or used as fuel on an Australian ship that is:
14
(a) engaged in securing the safety of a ship; or
15
(b) engaged in a search and rescue operation; or
16
(c) dedicated to oil spill preparedness and response.
17
Note:
A defendant bears an evidential burden in relation to the matter in
18
subsection (4): see subsection 13.3(3) of the Criminal Code.
19
(5) If, at any time (whether before or after this section commences)
20
before an Australian ship enters Arctic waters, heavy grade oil is
21
carried or used as fuel on the ship, subsections (1) and (2) do not
22
apply to any residue of the oil that is not cleaned or flushed from a
23
tank or pipeline of the ship.
24
Note:
A defendant bears an evidential burden in relation to the matter in
25
subsection (5): see subsection 13.3(3) of the Criminal Code.
26
Extension of controls on anti-fouling systems
Schedule 3
No. , 2022
Maritime Legislation Amendment Bill 2022
9
Schedule 3--Extension of controls on
1
anti-fouling systems
2
3
Protection of the Sea (Harmful Anti-fouling Systems) Act
4
2006
5
1 Section 3 (definition of HAFC)
6
After "in an anti-fouling system", insert ", or cybutryne".
7
2 Section 3
8
Insert:
9
pre-2023 exempt platform
means an exempt platform that was
10
constructed before 1 January 2023 and has not been in dry dock on
11
or after that date.
12
3 At the end of section 4
13
Add:
14
; or (c) for a ship that has cybutryne applied on a designated external
15
surface--neither of the following has occurred:
16
(i) the first scheduled renewal of the ship's anti-fouling
17
system after 1 January 2023;
18
(ii) the day that is 60 months after the last application of
19
cybutryne to the ship before 1 January 2023.
20
4 Paragraph 9(1)(a)
21
Omit "on or after 1 January 2008,".
22
5 After paragraph 9(1)(d)
23
Insert:
24
; and (e) for a ship that has cybutryne applied to a designated external
25
surface--the ship is not a pre-2023 exempt platform.
26
6 Paragraph 9(2)(a)
27
Repeal the paragraph, substitute:
28
Schedule 3
Extension of controls on anti-fouling systems
10
Maritime Legislation Amendment Bill 2022
No. , 2022
(a) a person allows an Australian ship to remain in a shipping
1
facility; and
2
7 After paragraph 9(2)(d)
3
Insert:
4
and (e) for a ship that has cybutryne applied to a designated external
5
surface--the ship is not a pre-2023 exempt platform;
6
8 Paragraph 9(3)(a)
7
Omit "on or after 1 January 2008,".
8
9 After paragraph 9(3)(d)
9
Insert:
10
; and (e) for a ship that has cybutryne applied to a designated external
11
surface--the ship is not a pre-2023 exempt platform.
12
10 Paragraph 9(4)(a)
13
Repeal the paragraph, substitute:
14
(a) a person allows a foreign ship to remain in an Australian
15
shipping facility; and
16
11 After paragraph 9(4)(d)
17
Insert:
18
and (e) for a ship that has cybutryne applied to a designated external
19
surface--the ship is not a pre-2023 exempt platform;
20
12 Paragraph 9(5)(a)
21
Omit "on or after 1 January 2008,".
22
13 After paragraph 9(5)(d)
23
Insert:
24
; and (e) for a ship that has cybutryne applied to a designated external
25
surface--the ship is not a pre-2023 exempt platform.
26
14 Paragraph 9(6)(a)
27
Repeal the paragraph, substitute:
28
(a) an Australian ship remains in a shipping facility; and
29
Extension of controls on anti-fouling systems
Schedule 3
No. , 2022
Maritime Legislation Amendment Bill 2022
11
15 After paragraph 9(6)(c)
1
Insert:
2
and (d) for a ship that has cybutryne applied to a designated external
3
surface--the ship is not a pre-2023 exempt platform;
4
16 Paragraph 9(7)(a)
5
Omit "on or after 1 January 2008,".
6
17 After paragraph 9(7)(d)
7
Insert:
8
; and (e) for a ship that has cybutryne applied to a designated external
9
surface--the ship is not a pre-2023 exempt platform.
10
18 Paragraph 9(8)(a)
11
Repeal the paragraph, substitute:
12
(a) a foreign ship remains in an Australian shipping facility; and
13
19 After paragraph 9(8)(c)
14
Insert:
15
and (d) for a ship that has cybutryne applied to a designated external
16
surface--the ship is not a pre-2023 exempt platform;
17
20 Application of amendments
18
The amendments of subsections 9(2), (4), (6) and (8) of the
Protection
19
of the Sea (Harmful Anti-fouling Systems) Act 2006
made by this
20
Schedule apply in relation to a ship whether or not the ship entered the
21
shipping facility before the commencement of this Schedule.
22
Schedule 4
Marine orders
12
Maritime Legislation Amendment Bill 2022
No. , 2022
Schedule 4--Marine orders
1
2
Protection of the Sea (Harmful Anti-fouling Systems) Act
3
2006
4
1 Section 3
5
Insert:
6
Marine Order
has the meaning given by section 24.
7
2 Section 3 (definition of orders)
8
Repeal the definition.
9
3 Section 3 (definition of regulations)
10
Omit "orders", substitute "Marine Orders".
11
4 Section 24
12
After "make orders", insert "(
Marine Orders
)".
13
5 Paragraph 25(d) (note)
14
Omit "the orders", substitute "Marine Orders".
15
Protection of the Sea (Prevention of Pollution from Ships)
16
Act 1983
17
6 Subsection 3(1)
18
Insert:
19
Marine Order
has the meaning given by section 34.
20
7 Subsection 3(1) (definitions of the regulations and this
21
Act))
22
Omit "orders made under section 34", substitute "Marine Orders".
23
8 Paragraph 26AB(6)(a)
24
Omit "regulations or orders made pursuant to regulations", substitute
25
"the regulations".
26
Marine orders
Schedule 4
No. , 2022
Maritime Legislation Amendment Bill 2022
13
9 Paragraph 26AB(6)(b)
1
Omit "or orders" (wherever occurring).
2
10 Subsection 26B(11) (paragraphs (a) and (b) of the
3
definition of prescribed incident)
4
Omit "or orders made under the regulations".
5
11 Paragraphs 26BCC(6)(b) and 26D(6)(a)
6
Omit ", or orders made pursuant to the regulations,".
7
12 Paragraph 33(1)(f)
8
Omit "of the orders made under section 34", substitute "Marine Order".
9
13 Subsection 33(2)
10
Omit ", and orders made under section 34,", substitute "and Marine
11
Orders".
12
14 Subsection 34(1)
13
After "orders", insert "(
Marine Orders
)".
14