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This is a Bill, not an Act. For current law, see the Acts databases.
2019
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Protection of the Sea (Prevention of
Pollution from Ships) Amendment (Air
Pollution) Bill 2019
No. , 2019
(Infrastructure, Transport, Cities and Regional Development)
A Bill for an Act to amend the Protection of the Sea
(Prevention of Pollution from Ships) Act 1983, and
for related purposes
No. , 2019
Protection of the Sea (Prevention of Pollution from Ships) Amendment
(Air Pollution) Bill 2019
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Sulphur content of fuel oil
3
Part 1--Annex VI approved equivalents
3
Protection of the Sea (Prevention of Pollution from Ships) Act 1983
3
Part 2--Fuel oil carried on board ships
11
Protection of the Sea (Prevention of Pollution from Ships) Act 1983
11
Schedule 2--Suppliers of fuel oil
16
Protection of the Sea (Prevention of Pollution from Ships) Act 1983
16
Schedule 3--Naval and government ships exemption
22
Protection of the Sea (Prevention of Pollution from Ships) Act 1983
22
No. , 2019
Protection of the Sea (Prevention of Pollution from Ships) Amendment
(Air Pollution) Bill 2019
1
A Bill for an Act to amend the Protection of the Sea
1
(Prevention of Pollution from Ships) Act 1983, and
2
for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the Protection of the Sea (Prevention of Pollution from
6
Ships) Amendment (Air Pollution) Act 2019.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
2
Protection of the Sea (Prevention of Pollution from Ships) Amendment
(Air Pollution) Bill 2019
No. , 2019
1
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,
Part 1
The later of:
(a) the day after this Act receives the Royal
Assent; and
(b) 1 January 2020.
3. Schedule 1,
Part 2
The later of:
(a) immediately after the commencement of
the provisions covered by table item 2;
and
(b) the start of 1 March 2020.
4. Schedules 2
and 3
The day after 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 Schedules
8
Legislation 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
Sulphur content of fuel oil Schedule 1
Annex VI approved equivalents Part 1
No. , 2019
Protection of the Sea (Prevention of Pollution from Ships) Amendment
(Air Pollution) Bill 2019
3
Schedule 1--Sulphur content of fuel oil
1
Part 1--Annex VI approved equivalents
2
Protection of the Sea (Prevention of Pollution from Ships)
3
Act 1983
4
1 Subsection 3(1)
5
Insert:
6
Annex VI approved equivalent: see section 26FEKA.
7
prescribed officer: see subsection (2).
8
2 Subsection 5(2)
9
After "26FEG,", insert "26FEGA,".
10
3 Section 26FEG (heading)
11
Repeal the heading, substitute:
12
26FEG Using fuel oil--offences
13
4 Paragraph 26FEG(1)(b)
14
After "ship", insert "as fuel".
15
5 Paragraph 26FEG(2)(a)
16
Omit "prescribed limit is used on board the ship", substitute "limit
17
prescribed for the purposes of paragraph (1)(b) is used on board the ship
18
as fuel".
19
6 Subsections 26FEG(5) and (6)
20
Repeal the subsections (including the notes).
21
7 After section 26FEG
22
Insert:
23
Schedule 1 Sulphur content of fuel oil
Part 1 Annex VI approved equivalents
4
Protection of the Sea (Prevention of Pollution from Ships) Amendment
(Air Pollution) Bill 2019
No. , 2019
26FEGA Using fuel oil--exceptions
1
Exception for ships with Annex VI approved equivalents
2
(1) Subsection 26FEG(1) or (2) does not apply to using fuel oil on
3
board a ship as fuel if the following requirements are satisfied:
4
(a) the fuel oil is used while an Annex VI approved equivalent is
5
operating on the ship;
6
(b) if the regulations prescribe, for the purposes of this
7
paragraph, requirements in relation to the operation of the
8
Annex VI approved equivalent--the Annex VI approved
9
equivalent is operating in accordance with those
10
requirements;
11
(c) if the regulations prescribe, for the purposes of this
12
paragraph, requirements in relation to the discharge of waste
13
streams arising from the operation of the Annex VI approved
14
equivalent--the waste streams are discharged in accordance
15
with those requirements.
16
Note:
For Annex VI approved equivalent, see section 26FEKA.
17
Exceptions for emergencies
18
(3) Subsection 26FEG(2) does not apply if:
19
(a) the matters mentioned in that subsection occur as a result of
20
securing the safety of a ship or saving life at sea; or
21
(b) the requirements of subsection (1) or (7) of this section are
22
not satisfied, but it is likely that those requirements would
23
have been satisfied were it not for conduct engaged in for the
24
purpose of securing the safety of a ship or saving life at sea.
25
(4) Subsection 26FEG(2) does not apply in relation to a ship if:
26
(a) either:
27
(i) the matters mentioned in that subsection occur as a
28
result of unintentional damage to the ship or its
29
equipment; or
30
(ii) the requirements of subsection (1) of this section are not
31
satisfied, but it is likely that those requirements would
32
have been satisfied were it not for unintentional damage
33
to the ship or its equipment; and
34
Sulphur content of fuel oil Schedule 1
Annex VI approved equivalents Part 1
No. , 2019
Protection of the Sea (Prevention of Pollution from Ships) Amendment
(Air Pollution) Bill 2019
5
(b) if the regulations prescribe, for the purposes of this
1
paragraph, a level of total emission of sulphur oxides:
2
(i) after the occurrence of the unintentional damage, the
3
total emission of sulphur oxides from the ship does not
4
exceed that level; or
5
(ii) after the occurrence of the unintentional damage, all
6
reasonable precautions are taken to prevent the total
7
emission of sulphur oxides from exceeding that level, or
8
to minimise the total emission of sulphur oxides; or
9
(iii) if the discovery that the total emission exceeds that limit
10
occurs before the discovery of the unintentional
11
damage--after the discovery of that total emission, all
12
reasonable precautions are taken to prevent the total
13
emission of sulphur oxides from exceeding that level, or
14
to minimise the total emission of sulphur oxides.
15
(5) For the purposes of subsection (4), damage to a ship or to its
16
equipment is not unintentional if the damage arose:
17
(a) in circumstances where the master or owner of the ship:
18
(i) acted with intent to cause the damage; or
19
(ii) acted recklessly and with knowledge that the damage
20
would probably result; or
21
(b) as a result of the negligence of the master or owner of the
22
ship.
23
(6) For the purposes of this section, damage to a ship or to its
24
equipment does not include:
25
(a) deterioration resulting from failure to maintain the ship or
26
equipment; or
27
(b) defects that develop during the normal operation of the ship
28
or equipment.
29
Exception for the unavailability of fuel oil with a sulphur content of
30
not more than the prescribed limit
31
(7) Subsection 26FEG(1) or (2) does not apply to using fuel oil (the
32
high-sulphur fuel oil) on board a ship if the following
33
requirements are satisfied:
34
(a) the person responsible for obtaining fuel oil for use on board
35
the ship took all reasonable steps to obtain fuel oil with a
36
Schedule 1 Sulphur content of fuel oil
Part 1 Annex VI approved equivalents
6
Protection of the Sea (Prevention of Pollution from Ships) Amendment
(Air Pollution) Bill 2019
No. , 2019
sulphur content of not more than the limit prescribed for the
1
purposes of paragraph 26FEG(1)(b);
2
(b) a prescribed officer is notified (in accordance with any
3
requirements prescribed by the regulations for the purposes
4
of this paragraph) that fuel oil with a sulphur content of not
5
more than that limit was not able to be obtained for the ship;
6
(c) if the ship's next port of destination after the high-sulphur
7
fuel oil was supplied to the ship is a port in a foreign
8
country--the government of that foreign country is notified
9
(in accordance with any requirements prescribed by the
10
regulations for the purposes of this paragraph) that fuel oil
11
with a sulphur content of not more than that limit was not
12
able to be obtained for the ship.
13
Note:
A defendant bears an evidential burden in relation to the matters in
14
this section: see subsection 13.3(3) of the Criminal Code.
15
8 Section 26FEH (at the end of the heading)
16
Add "--offences".
17
9 Paragraphs 26FEH(1)(c) and (2)(c)
18
Omit "SOx emission control conditions", substitute "requirements of
19
subsection (4)".
20
10 Subsections 26FEH(4) to (9)
21
Repeal the subsections (including the notes), substitute:
22
SOx emission control conditions--using fuel oil
23
(4) A ship meets the requirements of this subsection while the ship is
24
in an emission control area if:
25
(a) the sulphur content of the fuel oil used on board the ship as
26
fuel does not exceed the limit prescribed by the regulations
27
for the purposes of this paragraph; or
28
(b) all of the following requirements are satisfied:
29
(i) an Annex VI approved equivalent is operating on the
30
ship;
31
(ii) if the regulations prescribe, for the purposes of this
32
subparagraph, requirements in relation to the operation
33
of the Annex VI approved equivalent--the Annex VI
34
Sulphur content of fuel oil Schedule 1
Annex VI approved equivalents Part 1
No. , 2019
Protection of the Sea (Prevention of Pollution from Ships) Amendment
(Air Pollution) Bill 2019
7
approved equivalent is operating in accordance with
1
those requirements;
2
(iii) if the regulations prescribe, for the purposes of this
3
subparagraph, requirements in relation to discharging
4
waste streams arising from the operation of the Annex
5
VI approved equivalent--the waste streams are
6
discharged in accordance with those requirements.
7
Note:
For Annex VI approved equivalent, see section 26FEKA.
8
11 After section 26FEH
9
Insert:
10
26FEHA Australian ship in emission control area--exceptions
11
Exceptions for emergencies
12
(1) Subsection 26FEH(2) does not apply:
13
(a) if the matters mentioned in that subsection occur as a result
14
of securing the safety of a ship or saving life at sea; or
15
(b) if:
16
(i) the requirements of subsection (5) of this section are not
17
satisfied; and
18
(ii) it is likely that those requirements would have been
19
satisfied were it not for conduct engaged in for the
20
purpose of securing the safety of a ship or saving life at
21
sea.
22
(2) Subsection 26FEH(2) does not apply in relation to a ship if:
23
(a) the matters mentioned in that subsection occur as a result of
24
unintentional damage to the ship or its equipment; and
25
(b) if the regulations prescribe, for the purposes of this
26
paragraph, a level of total emission of sulphur oxides:
27
(i) after the occurrence of the unintentional damage, the
28
total emission of sulphur oxides from the ship does not
29
exceed that level; or
30
(ii) after the occurrence of the unintentional damage, all
31
reasonable precautions are taken to prevent the total
32
emission of sulphur oxides from exceeding that level, or
33
to minimise the total emission of sulphur oxides; or
34
Schedule 1 Sulphur content of fuel oil
Part 1 Annex VI approved equivalents
8
Protection of the Sea (Prevention of Pollution from Ships) Amendment
(Air Pollution) Bill 2019
No. , 2019
(iii) if the discovery that the total emission exceeds that limit
1
occurs before the discovery of the unintentional
2
damage--after the discovery of that total emission, all
3
reasonable precautions are taken to prevent the total
4
emission of sulphur oxides from exceeding that level, or
5
to minimise the total emission of sulphur oxides.
6
(3) For the purposes of subsection (2), damage to a ship or to its
7
equipment is not unintentional if the damage arose:
8
(a) in circumstances where the master or owner of the ship:
9
(i) acted with intent to cause the damage; or
10
(ii) acted recklessly and with knowledge that the damage
11
would probably result; or
12
(b) as a result of the negligence of the master or owner of the
13
ship.
14
(4) For the purposes of this section, damage to a ship or to its
15
equipment does not include:
16
(a) deterioration resulting from failure to maintain the ship or
17
equipment; or
18
(b) defects that develop during the normal operation of the ship
19
or equipment.
20
Exception for the unavailability of fuel oil with a sulphur content of
21
not more than the prescribed limit
22
(5) Subsection 26FEH(1) or (2) does not apply to using fuel oil (the
23
high-sulphur fuel oil) on board a ship as fuel if the following
24
requirements are satisfied:
25
(a) the person responsible for obtaining fuel oil for use on board
26
the ship took all reasonable steps to obtain fuel oil with a
27
sulphur content of not more than the limit prescribed for the
28
purposes of paragraph 26FEH(4)(a);
29
(b) a prescribed officer is notified (in accordance with any
30
requirements prescribed by the regulations for the purposes
31
of this paragraph) that fuel oil with a sulphur content of not
32
more than that limit was not able to be obtained for the ship;
33
(c) if the ship's next port of destination after the high-sulphur
34
fuel oil was supplied to the ship is a port in a foreign
35
country--the government of that foreign country is notified
36
Sulphur content of fuel oil Schedule 1
Annex VI approved equivalents Part 1
No. , 2019
Protection of the Sea (Prevention of Pollution from Ships) Amendment
(Air Pollution) Bill 2019
9
(in accordance with any requirements prescribed by the
1
regulations for the purposes of this paragraph) that fuel oil
2
with a sulphur content of not more than that limit was not
3
able to be obtained for the ship.
4
Note:
A defendant bears an evidential burden in relation to the matters in
5
this section: see subsection 13.3(3) of the Criminal Code.
6
12 Subsection 26FEK(2)
7
After "Sections 26FEH,", insert "26FEHA,".
8
13 At the end of Division 2 of Part IIID
9
Add:
10
26FEKA Annex VI approved equivalents
11
(1) An Annex VI approved equivalent, in relation to a ship, is:
12
(a) an exhaust gas cleaning system; or
13
(b) another technological method for reducing sulphur oxide
14
emissions;
15
that is approved for use on board the ship:
16
(c) under the regulations made for the purposes of
17
subsection (2); or
18
(d) if the ship is a foreign ship that is registered:
19
(i) by the government of the country in which the ship is
20
registered; and
21
(ii) in accordance with the guidelines mentioned in
22
Regulation 4 of Annex VI.
23
(2) For the purposes of paragraph (1)(c), the regulations may make
24
provision for, or in relation to, the approval of:
25
(a) an exhaust gas cleaning system; or
26
(b) another technological method for reducing sulphur oxide
27
emissions;
28
by a prescribed officer for use on board a ship.
29
(3) If an approval given under regulations made for the purposes of
30
subsection (2) is given in writing, the approval is not a legislative
31
instrument.
32
Schedule 1 Sulphur content of fuel oil
Part 1 Annex VI approved equivalents
10
Protection of the Sea (Prevention of Pollution from Ships) Amendment
(Air Pollution) Bill 2019
No. , 2019
14 Transitional provision
1
(1)
Orders:
2
(a) made under section 34 of the Protection of the Sea
3
(Prevention of Pollution from Ships) Act 1983 for the
4
purposes of paragraph 26FEH(4)(a) of that Act; and
5
(b) in force immediately before the commencement of this item;
6
continue in force (and may be dealt with) as if they had been made for
7
the purposes of that paragraph as amended by this Part.
8
(2)
An approval:
9
(a) given under subparagraph 26FEH(4)(b)(i) of the Protection
10
of the Sea (Prevention of Pollution from Ships) Act 1983; and
11
(b) in force immediately before the commencement of this item;
12
has effect, from that commencement, as if it had been given under the
13
regulations as mentioned in paragraph 26FEKA(1)(c) of that Act, as
14
amended by this Part.
15
Sulphur content of fuel oil Schedule 1
Fuel oil carried on board ships Part 2
No. , 2019
Protection of the Sea (Prevention of Pollution from Ships) Amendment
(Air Pollution) Bill 2019
11
Part 2--Fuel oil carried on board ships
1
Protection of the Sea (Prevention of Pollution from Ships)
2
Act 1983
3
15 Section 26FEG (heading)
4
After "Using fuel oil", insert "or carrying fuel oil for use".
5
16 Paragraph 26FEG(1)(b)
6
Repeal the paragraph, substitute:
7
(b) the conduct results in fuel oil with a sulphur content of more
8
than the limit prescribed by the regulations for the purposes
9
of this paragraph being:
10
(i) used on board a ship as fuel; or
11
(ii) carried on board a ship for use on board the ship as fuel;
12
and
13
17 Paragraph 26FEG(1)(c)
14
Omit "that result", substitute "the result mentioned in paragraph (b)".
15
18 Paragraph 26FEG(1)(d)
16
Repeal the paragraph, substitute:
17
(d) the result mentioned in paragraph (b) occurs in one of the
18
following circumstances:
19
(i) the ship is in the sea near a State, the Jervis Bay
20
Territory or an external Territory and no law of that
21
State or Territory gives effect to paragraph 1 of
22
Regulation 14 of Annex VI in relation to the area of the
23
sea where the result occurs;
24
(ii) the ship is in the outer territorial sea;
25
(iii) the ship is in the exclusive economic zone;
26
(iv) the ship is an Australian ship that is beyond the
27
exclusive economic zone, but not within an emission
28
control area.
29
Schedule 1 Sulphur content of fuel oil
Part 2 Fuel oil carried on board ships
12
Protection of the Sea (Prevention of Pollution from Ships) Amendment
(Air Pollution) Bill 2019
No. , 2019
19 Paragraphs 26FEG(2)(a) and (b)
1
Repeal the paragraphs, substitute:
2
(a) fuel oil with a sulphur content of more than the limit
3
prescribed for the purposes of paragraph (1)(b) is:
4
(i) used on board the ship as fuel; or
5
(ii) carried on board the ship for use on board the ship as
6
fuel; and
7
(b) one of the following applies:
8
(i) the ship is in the sea near a State, the Jervis Bay
9
Territory or an external Territory and no law of that
10
State or Territory gives effect to paragraph 1 of
11
Regulation 14 of Annex VI in relation to the area of the
12
sea where the fuel oil is used or carried as mentioned in
13
paragraph (a);
14
(ii) the ship is in the outer territorial sea;
15
(iii) the ship is in the exclusive economic zone;
16
(iv) the ship is an Australian ship that is beyond the
17
exclusive economic zone, but not within an emission
18
control area.
19
20 Subsection 26FEG(4)
20
Repeal the subsection, substitute:
21
Presumptions
22
(4) For the purposes of this section and section 26FEGA, fuel oil
23
carried on board a ship is presumed to be carried for use on board
24
the ship as fuel unless the contrary is proved.
25
Note:
A defendant bears a legal burden in relation to proving the contrary:
26
see section 13.4 of the Criminal Code.
27
(5) For the purposes of subsection (1) of this section, the result
28
mentioned in paragraph (1)(b) is presumed to occur in one of the
29
circumstances mentioned in paragraph (1)(d) unless it is proved
30
that the result did not occur in any of those circumstances.
31
Note:
A defendant bears a legal burden in relation to proving that the result
32
did not occur in any of those circumstances: see section 13.4 of the
33
Criminal Code.
34
Sulphur content of fuel oil Schedule 1
Fuel oil carried on board ships Part 2
No. , 2019
Protection of the Sea (Prevention of Pollution from Ships) Amendment
(Air Pollution) Bill 2019
13
(6) For the purposes of subsection (2) of this section, each
1
subparagraph in paragraph (2)(b) is presumed to apply unless it is
2
proved that the subparagraph does not apply.
3
Note:
A defendant bears a legal burden in relation to proving that the
4
subparagraph does not apply: see section 13.4 of the Criminal Code.
5
21 Section 26FEGA (heading)
6
After "Using fuel oil", insert "or carrying fuel oil for use".
7
22 After subsection 26FEGA(1)
8
Insert:
9
(2) Subsection 26FEG(1) or (2) does not apply to carrying fuel oil on
10
board a ship if an Annex VI approved equivalent is installed on the
11
ship.
12
23 Paragraph 26FEGA(3)(b)
13
After "subsection (1)", insert ", (2)".
14
24 Subparagraph 26FEGA(4)(a)(ii)
15
After "subsection (1)", insert "or (2)".
16
25 Subsection 26FEGA(7)
17
After "using", insert "or carrying".
18
26 Paragraphs 26FEH(1)(c) and (2)(c)
19
Omit "subsection (4)", substitute "subsections (4) and (5)".
20
27 At the end of section 26FEH
21
Add:
22
SOx emission control conditions--carrying fuel oil for use
23
(5) A ship meets the requirements of this subsection while the ship is
24
in an emission control area if:
25
(a) the sulphur content of the fuel oil carried on board the ship
26
for use on board the ship as fuel does not exceed the limit
27
prescribed for the purposes of paragraph 26FEG(1)(b); or
28
(b) an Annex VI approved equivalent is installed on the ship.
29
Schedule 1 Sulphur content of fuel oil
Part 2 Fuel oil carried on board ships
14
Protection of the Sea (Prevention of Pollution from Ships) Amendment
(Air Pollution) Bill 2019
No. , 2019
Presumption
1
(6) For the purposes of this section and section 26FEHA, fuel oil
2
carried on board a ship is presumed to be carried for use on board
3
the ship as fuel unless the contrary is proved.
4
Note:
A defendant bears a legal burden in relation to proving the contrary:
5
see section 13.4 of the Criminal Code.
6
28 Paragraph 26FEHA(1)(b)
7
Before "if", insert "to using fuel oil on board a ship as fuel".
8
29 At the end of subsection 26FEHA(1)
9
Add:
10
; or (c) to carrying fuel oil on board a ship if:
11
(i) the requirements of subsection (6) of this section are not
12
satisfied; and
13
(ii) it is likely that those requirements would have been
14
satisfied were it not for conduct engaged in for the
15
purpose of securing the safety of a ship or saving life at
16
sea.
17
30 Subsection 26FEHA(5) (heading)
18
Omit "Exception", substitute "Exceptions".
19
31 After subsection 26FEHA(5) (before the note)
20
Insert:
21
(6) Subsection 26FEH(1) or (2) does not apply to carrying fuel oil (the
22
high-sulphur fuel oil) on board a ship for use on board the ship as
23
fuel if the following requirements are satisfied:
24
(a) the person responsible for obtaining fuel oil for use on board
25
the ship took all reasonable steps to obtain fuel oil with a
26
sulphur content of not more than the limit prescribed for the
27
purposes of paragraph 26FEG(1)(b);
28
(b) a prescribed officer is notified (in accordance with any
29
requirements prescribed by the regulations for the purposes
30
of this paragraph) that fuel oil with a sulphur content of not
31
more than that limit was not able to be obtained for the ship;
32
Sulphur content of fuel oil Schedule 1
Fuel oil carried on board ships Part 2
No. , 2019
Protection of the Sea (Prevention of Pollution from Ships) Amendment
(Air Pollution) Bill 2019
15
(c) if the ship's next port of destination after the high-sulphur
1
fuel oil was supplied to the ship is a port in a foreign
2
country--the government of that foreign country is notified
3
(in accordance with any requirements prescribed by the
4
regulations for the purposes of this paragraph) that fuel oil
5
with a sulphur content of not more than that limit was not
6
able to be obtained for the ship.
7
32 Subsection 27A(6) (paragraph (b) of the definition of
8
pollution breach)
9
Repeal the paragraph, substitute:
10
(b) an offence against section 26FEG in relation to fuel oil used
11
on board a ship as fuel; or
12
(c) an offence against section 26FEN.
13
33 Transitional provision
14
Orders:
15
(a) made under section 34 of the Protection of the Sea
16
(Prevention of Pollution from Ships) Act 1983 for the
17
purposes of paragraph 26FEG(1)(b) of that Act; and
18
(b) in force immediately before the commencement of this item;
19
continue in force (and may be dealt with) as if they had been made for
20
the purposes of that paragraph as amended by this Part.
21
Schedule 2 Suppliers of fuel oil
16
Protection of the Sea (Prevention of Pollution from Ships) Amendment
(Air Pollution) Bill 2019
No. , 2019
Schedule 2--Suppliers of fuel oil
1
2
Protection of the Sea (Prevention of Pollution from Ships)
3
Act 1983
4
1 Subsection 26FEF(1)
5
Repeal the following definitions:
6
(a) definition of fuel oil supplier;
7
(b) definition of registered local supplier of fuel oil.
8
2 Paragraphs 26FEL(a) and (b)
9
Repeal the paragraphs, substitute:
10
(a) the person supplies fuel oil to a ship; and
11
(b) the person is not registered on the Register of Local Suppliers
12
of Fuel Oil; and
13
3 Paragraph 26FEL(c)
14
Omit "delivery happens while", substitute "supply happens while".
15
4 Subparagraph 26FEL(c)(i)
16
Omit "delivery", substitute "supply".
17
5 Subsection 26FEM(1)
18
Omit "local suppliers of fuel oil", substitute "persons who supply fuel
19
oil to ships".
20
6 Subparagraphs 26FEM(3)(b)(i) and (ii)
21
Omit "as local suppliers of fuel oil", substitute "on the Register of Local
22
Suppliers of Fuel Oil".
23
7 Paragraph 26FEN(1)(b)
24
Omit "paragraph 3 of Regulation 18 of".
25
8 Paragraph 26FEO(1)(a)
26
Omit "delivers", substitute "supplies".
27
Suppliers of fuel oil Schedule 2
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Protection of the Sea (Prevention of Pollution from Ships) Amendment
(Air Pollution) Bill 2019
17
9 Paragraph 26FEO(1)(c)
1
Omit "delivery happens while", substitute "supply happens while".
2
10 Subparagraph 26FEO(1)(c)(i)
3
Omit "delivery", substitute "supply".
4
11 Paragraph 26FEO(1)(d)
5
Repeal the paragraph, substitute:
6
(d) the person does not provide to the master of the ship a
7
completed bunker delivery note for the fuel oil supplied that
8
meets the requirements of subsection (1A).
9
12 After subsection 26FEO(1)
10
Insert:
11
(1A) For the purposes of paragraph (1)(d), the bunker delivery note
12
must:
13
(a) be provided in the approved form; and
14
(b) contain a declaration that:
15
(i) certifies that the fuel oil supplied meets the
16
requirements set out in Annex VI; and
17
(ii) is signed by the person responsible for the final blend of
18
the components of the fuel oil supplied, or by that
19
person's representative; and
20
(c) if the regulations prescribe, for the purposes of this
21
paragraph, requirements in relation to providing the bunker
22
delivery note--be provided in accordance with those
23
requirements.
24
13 Paragraph 26FEO(2)(a)
25
Omit "delivers", substitute "supplies".
26
14 Paragraph 26FEO(2)(c)
27
Omit "delivery happens while", substitute "supply happens while".
28
15 Subparagraph 26FEO(2)(c)(i)
29
Omit "delivery", substitute "supply".
30
Schedule 2 Suppliers of fuel oil
18
Protection of the Sea (Prevention of Pollution from Ships) Amendment
(Air Pollution) Bill 2019
No. , 2019
16 Section 26FEP (heading)
1
Omit "delivered", substitute "supplied".
2
17 Paragraphs 26FEP(1)(a) and (b)
3
Repeal the paragraphs, substitute:
4
(a) fuel oil (other than gas fuel) is supplied to a ship; and
5
(b) the person is responsible for the final blend of the
6
components of the fuel oil supplied; and
7
18 Paragraph 26FEP(1)(d)
8
Omit "delivery happens while", substitute "supply happens while".
9
19 Subparagraph 26FEP(1)(d)(i)
10
Omit "delivery", substitute "supply".
11
20 Paragraph 26FEP(1)(e)
12
Omit "the delivery", substitute "the supply".
13
21 Paragraph 26FEP(1)(f)
14
Omit "paragraph 3 of Regulation 18 of".
15
22 Paragraph 26FEP(1)(g)
16
Omit "delivered", substitute "supplied".
17
23 Before subsection 26FEQ(1)
18
Insert:
19
Local supplier
20
24 Paragraph 26FEQ(1)(a)
21
Repeal the paragraph, substitute:
22
(a) the person supplies fuel oil (other than gas fuel) to a ship; and
23
(aa) the ship has a gross tonnage of 400 or more; and
24
25 Paragraph 26FEQ(1)(b)
25
Omit "the delivery", substitute "the supply".
26
Suppliers of fuel oil Schedule 2
No. , 2019
Protection of the Sea (Prevention of Pollution from Ships) Amendment
(Air Pollution) Bill 2019
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26 Subparagraph 26FEQ(1)(c)(i)
1
Omit "delivered", substitute "supplied".
2
27 Before subsection 26FEQ(2)
3
Insert:
4
Master and owner of Australian ship
5
28 Paragraph 26FEQ(2)(a)
6
Repeal the paragraph, substitute:
7
(a) fuel oil (other than gas fuel) is supplied to the ship; and
8
29 Paragraph 26FEQ(2)(c)
9
Omit "the delivery", substitute "the supply".
10
30 Subparagraph 26FEQ(2)(d)(i)
11
Omit "delivery", substitute "supply".
12
31 Before subsection 26FEQ(3)
13
Insert:
14
Master and owner of foreign ship
15
32 Paragraph 26FEQ(3)(a)
16
Repeal the paragraph, substitute:
17
(a) fuel oil (other than gas fuel) is supplied to the ship; and
18
33 Paragraph 26FEQ(3)(c)
19
Omit "the delivery", substitute "the supply".
20
34 Subparagraph 26FEQ(3)(d)(i)
21
Omit "delivery", substitute "supply".
22
35 Before subsection 26FEQ(4)
23
Insert:
24
Schedule 2 Suppliers of fuel oil
20
Protection of the Sea (Prevention of Pollution from Ships) Amendment
(Air Pollution) Bill 2019
No. , 2019
Strict liability offences
1
36 Paragraph 26FER(1)(a)
2
Repeal the paragraph, substitute:
3
(a) fuel oil (other than gas fuel) is supplied to the ship; and
4
37 Paragraph 26FER(1)(c)
5
Omit "delivery", substitute "supply".
6
38 Subparagraphs 26FER(1)(d)(i) and (ii)
7
Omit "delivered", substitute "supplied".
8
39 Paragraph 26FES(1)(a)
9
Omit "delivers", substitute "supplies".
10
40 Paragraph 26FES(1)(c)
11
Omit "delivery happens while", substitute "supply happens while".
12
41 Subparagraph 26FES(1)(c)(i)
13
Omit "delivery", substitute "supply".
14
42 Paragraph 26FES(1)(d)
15
Omit "delivery", substitute "supply".
16
43 Paragraph 26FES(1)(d)
17
Omit "delivered", substitute "supplied".
18
44 Transitional provision
19
(1)
The amendments of section 26FEM of the Protection of the Sea
20
(Prevention of Pollution from Ships) Act 1983 made by this Schedule do
21
not affect the continuity of the register established under that section.
22
(2)
Orders:
23
(a) made under section 34 of the Protection of the Sea
24
(Prevention of Pollution from Ships) Act 1983 for the
25
purposes of paragraph 26FEO(1)(d) of that Act; and
26
(b) in force immediately before the commencement of this item;
27
Suppliers of fuel oil Schedule 2
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Protection of the Sea (Prevention of Pollution from Ships) Amendment
(Air Pollution) Bill 2019
21
have effect, from that commencement, as if they had been made for the
1
purposes of paragraph 26FEO(1A)(c) of that Act, as amended by this
2
Schedule.
3
(3)
An approval of a form:
4
(a) made under section 3A of the Protection of the Sea
5
(Prevention of Pollution from Ships) Act 1983 for the
6
purposes of paragraph 26FEO(1)(d) of that Act; and
7
(b) in force immediately before the commencement of this item;
8
has effect, from that commencement, as if it had been made for the
9
purposes of paragraph 26FEO(1A)(a) of that Act, as amended by this
10
Schedule.
11
Schedule 3 Naval and government ships exemption
22
Protection of the Sea (Prevention of Pollution from Ships) Amendment
(Air Pollution) Bill 2019
No. , 2019
Schedule 3--Naval and government ships
1
exemption
2
3
Protection of the Sea (Prevention of Pollution from Ships)
4
Act 1983
5
1 After section 6
6
Insert:
7
6A Act does not apply to certain naval or government ships
8
(1) This Act does not apply to, or in relation to, any of the following
9
ships used for the time being only on government non-commercial
10
service:
11
(a) a warship or naval auxiliary;
12
(b) a ship (other than a warship or naval auxiliary) owned or
13
operated by a State other than Australia.
14
(2) An expression that is used in subsection (1) of this section and in
15
Article 3(3) of the Convention has, in that subsection, the same
16
meaning as in that Article.
17