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This is a Bill, not an Act. For current law, see the Acts databases.
PROTECTION OF THE SEA (PREVENTION OF POLLUTION FROM SHIPS) AMENDMENT (OIL TRANSFERS) BILL 2011
2010-2011
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 (Oil
Transfers) Bill 2011
No. , 2011
(Infrastructure and Transport)
A Bill for an Act to amend the Protection of the Sea
(Prevention of Pollution from Ships) Act 1983, and
for related purposes
i Protection of the Sea (Prevention of Pollution from Ships) Amendment (Oil Transfers) Bill
2011 No. , 2011
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Amendments
3
Protection of the Sea (Prevention of Pollution from Ships) Act 1983
3
Protection of the Sea (Prevention of Pollution from Ships) Amendment (Oil Transfers) Bill 2011
No. , 2011 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 may be cited as the Protection of the Sea (Prevention of
6
Pollution from Ships) Amendment (Oil Transfers) Act 2011.
7
2 Commencement
8
This Act commences on the day after this Act receives the Royal
9
Assent.
10
2 Protection of the Sea (Prevention of Pollution from Ships) Amendment (Oil Transfers)
Bill 2011 No. , 2011
3 Schedule(s)
1
Each Act that is specified in a Schedule to this Act is amended or
2
repealed as set out in the applicable items in the Schedule
3
concerned, and any other item in a Schedule to this Act has effect
4
according to its terms.
5
6
Amendments Schedule 1
Protection of the Sea (Prevention of Pollution from Ships) Amendment (Oil Transfers) Bill 2011
No. , 2011 3
Schedule 1--Amendments
1
2
Protection of the Sea (Prevention of Pollution from Ships)
3
Act 1983
4
1 After section 11A
5
Insert:
6
11B Transfer of oil cargo between oil tankers--transfer to be in
7
accordance with ship-to-ship operations plan
8
(1) A person commits an offence if:
9
(a) the person is the master of an oil tanker (the subject oil
10
tanker); and
11
(b) the subject oil tanker has a gross tonnage of 150 or more; and
12
(c) the subject oil tanker is engaged in the transfer of oil cargo
13
with another oil tanker that has a gross tonnage of 150 or
14
more; and
15
(d) one of the following subparagraphs applies:
16
(i) the transfer occurs while the subject oil tanker is in the
17
sea near a State, the Jervis Bay Territory or an external
18
Territory and there is no law of that State or Territory
19
that makes provision giving effect to Regulation 41 of
20
Annex I to the Convention in relation to that sea;
21
(ii) the transfer occurs while the subject oil tanker is in the
22
exclusive economic zone;
23
(iii) the transfer occurs while the subject oil tanker is beyond
24
the exclusive economic zone and the subject oil tanker
25
is an Australian ship; and
26
(e) the transfer is not in accordance with the subject oil tanker's
27
ship-to-ship operations plan.
28
Penalty: 200 penalty units.
29
(2) For the purposes of this section, a ship-to-ship operations plan for
30
an oil tanker is:
31
(a) if the oil tanker is an Australian ship--a plan:
32
(i) that is in accordance with the appropriate prescribed
33
form; and
34
Schedule 1 Amendments
4 Protection of the Sea (Prevention of Pollution from Ships) Amendment (Oil Transfers)
Bill 2011 No. , 2011
(ii) that is written in the working language of the master of,
1
and the officers on board, the oil tanker; or
2
(b) otherwise--a plan referred to in paragraph 1 of Regulation 41
3
of Annex I to the Convention.
4
Exception
5
(3) Subsection (1) does not apply if the transfer is described in
6
paragraph 2, 3, 4 or 5 of Regulation 40 of Annex I to the
7
Convention.
8
Note:
A defendant bears an evidential burden in relation to the matter in
9
subsection (3): see subsection 13.3(3) of the Criminal Code.
10
11C Transfer of oil cargo between oil tankers in Australian waters--
11
qualified person to be in control
12
(1) A person commits an offence if:
13
(a) an oil tanker (the subject oil tanker) has a gross tonnage of
14
150 or more; and
15
(b) the subject oil tanker is engaged in the transfer of oil cargo
16
with another oil tanker that has a gross tonnage of 150 or
17
more; and
18
(c) either of the following subparagraphs applies:
19
(i) the transfer occurs while the subject oil tanker is in the
20
sea near a State, the Jervis Bay Territory or an external
21
Territory and there is no law of that State or Territory
22
that makes provision giving effect to Regulation 41 of
23
Annex I to the Convention in relation to that sea;
24
(ii) the transfer occurs while the subject oil tanker is in the
25
exclusive economic zone; and
26
(d) the person has overall advisory control of the transfer; and
27
(e) the person is not the master of either oil tanker; and
28
(f) the person does not satisfy the qualification requirements
29
prescribed by the regulations.
30
Penalty: 60 penalty units.
31
Strict liability offence
32
(2) An offence against subsection (1) is an offence of strict liability.
33
Note:
For strict liability, see section 6.1 of the Criminal Code.
34
Amendments Schedule 1
Protection of the Sea (Prevention of Pollution from Ships) Amendment (Oil Transfers) Bill 2011
No. , 2011 5
Exception
1
(3) Subsection (1) does not apply if the transfer is described in
2
paragraph 2, 3, 4 or 5 of Regulation 40 of Annex I to the
3
Convention.
4
Note:
A defendant bears an evidential burden in relation to the matter in
5
subsection (3): see subsection 13.3(3) of the Criminal Code.
6
11D Transfer of oil cargo involving an Australian ship--ship-to-ship
7
operations plan to be carried
8
(1) The master and the owner of an oil tanker (the subject oil tanker)
9
each commit an offence if:
10
(a) the subject oil tanker has a gross tonnage of 150 or more; and
11
(b) the subject oil tanker is an Australian ship; and
12
(c) the subject oil tanker is engaged in the transfer of oil cargo
13
with another oil tanker that has a gross tonnage of 150 or
14
more; and
15
(d) while the transfer occurs, the subject oil tanker does not carry
16
the subject oil tanker's ship-to-ship operations plan.
17
Penalty: 500 penalty units.
18
(2) For the purposes of this section, a ship-to-ship operations plan for
19
an oil tanker is a plan:
20
(a) that is in accordance with the appropriate prescribed form;
21
and
22
(b) that is written in the working language of the master of, and
23
the officers on board, the oil tanker.
24
Exception
25
(3) Subsection (1) does not apply if the transfer is described in
26
paragraph 2, 3, 4 or 5 of Regulation 40 of Annex I to the
27
Convention.
28
Note:
A defendant bears an evidential burden in relation to the matter in
29
subsection (3): see subsection 13.3(3) of the Criminal Code.
30
Schedule 1 Amendments
6 Protection of the Sea (Prevention of Pollution from Ships) Amendment (Oil Transfers)
Bill 2011 No. , 2011
11E Transfer of oil cargo involving an Australian ship--making and
1
retaining record of transfer
2
Offence--failure to make record
3
(1) A person commits an offence if:
4
(a) the person is the master of an oil tanker (the subject oil
5
tanker); and
6
(b) the subject oil tanker has a gross tonnage of 150 or more; and
7
(c) the subject oil tanker is an Australian ship; and
8
(d) the subject oil tanker is engaged in the transfer of oil cargo
9
with another oil tanker that has a gross tonnage of 150 or
10
more; and
11
(e) the person does not cause a ship-to-ship record to be made of
12
the transfer as soon as is practicable in the circumstances.
13
Penalty: 200 penalty units.
14
Offence--failure to retain record etc.
15
(2) The master and the owner of an oil tanker (the subject oil tanker)
16
each commit an offence if:
17
(a) the subject oil tanker has a gross tonnage of 150 or more; and
18
(b) the subject oil tanker is an Australian ship; and
19
(c) the subject oil tanker is engaged in the transfer of oil cargo
20
with another oil tanker that has a gross tonnage of 150 or
21
more; and
22
(d)
either:
23
(i) a ship-to-ship record of the transfer is not retained in the
24
subject oil tanker until the end of 3 years beginning on
25
the day the record is made; or
26
(ii) a ship-to-ship record of the transfer is not readily
27
available for inspection by an inspector at all reasonable
28
times during that period.
29
Penalty: 60 penalty units.
30
Amendments Schedule 1
Protection of the Sea (Prevention of Pollution from Ships) Amendment (Oil Transfers) Bill 2011
No. , 2011 7
Ship-to-ship record
1
(3) For the purposes of this section, a ship-to-ship record is a written
2
record that contains the information prescribed by the regulations
3
for the purposes of this subsection.
4
Strict liability offence
5
(4) An offence against subsection (2) is an offence of strict liability.
6
Note:
For strict liability, see section 6.1 of the Criminal Code.
7
Exception
8
(5) Subsection (1) or (2) does not apply if the transfer is described in
9
paragraph 2, 3, 4 or 5 of Regulation 40 of Annex I to the
10
Convention.
11
Note:
A defendant bears an evidential burden in relation to the matter in
12
subsection (5): see subsection 13.3(3) of the Criminal Code.
13
11F Transfer of oil cargo between oil tankers in Australian waters--
14
notification of transfer
15
Main offence
16
(1) A person commits an offence if:
17
(a) the person is the master of an oil tanker (the subject oil
18
tanker); and
19
(b) the subject oil tanker has a gross tonnage of 150 or more; and
20
(c) the subject oil tanker is engaged in the transfer of oil cargo
21
with another oil tanker that has a gross tonnage of 150 or
22
more; and
23
(d) either of the following subparagraphs applies:
24
(i) the transfer occurs while the subject oil tanker is in the
25
sea near a State, the Jervis Bay Territory or an external
26
Territory and there is no law of that State or Territory
27
that makes provision giving effect to Regulation 42 of
28
Annex I to the Convention in relation to that sea;
29
(ii) the transfer occurs while the subject oil tanker is in the
30
exclusive economic zone; and
31
Schedule 1 Amendments
8 Protection of the Sea (Prevention of Pollution from Ships) Amendment (Oil Transfers)
Bill 2011 No. , 2011
(e) if the ship-to-ship transfer information was available to the
1
person at least 48 hours before the transfer began--either or
2
both of the following subparagraphs apply:
3
(i) the person did not notify a prescribed officer, in the
4
manner prescribed by the regulations, of the transfer at
5
least 48 hours before the transfer began;
6
(ii) the person did not notify a prescribed officer, in the
7
manner prescribed by the regulations, of that
8
information at least 48 hours before the transfer began;
9
and
10
(f) if the ship-to-ship transfer information was not available to
11
the person at least 48 hours before the transfer began--either
12
or both of the following subparagraphs apply:
13
(i) the person did not notify a prescribed officer, in the
14
manner prescribed by the regulations, of the transfer at
15
least 48 hours before the transfer began;
16
(ii) the person did not notify a prescribed officer, in the
17
manner prescribed by the regulations, of that
18
information before the transfer began.
19
Penalty: 200 penalty units.
20
Offence--failure to notify change of arrival time
21
(2) A person commits an offence if:
22
(a) the person is the master of an oil tanker (the subject oil
23
tanker); and
24
(b) the subject oil tanker has a gross tonnage of 150 or more; and
25
(c) the subject oil tanker is engaged in the transfer of oil cargo
26
with another oil tanker that has a gross tonnage of 150 or
27
more; and
28
(d) either of the following subparagraphs applies:
29
(i) the transfer occurs while the subject oil tanker is in the
30
sea near a State, the Jervis Bay Territory or an external
31
Territory and there is no law of that State or Territory
32
that makes provision giving effect to Regulation 42 of
33
Annex I to the Convention in relation to that sea;
34
(ii) the transfer occurs while the subject oil tanker is in the
35
exclusive economic zone; and
36
Amendments Schedule 1
Protection of the Sea (Prevention of Pollution from Ships) Amendment (Oil Transfers) Bill 2011
No. , 2011 9
(e) the person notified a prescribed officer, in the manner
1
prescribed by the regulations, of the transfer, and of the
2
ship-to-ship transfer information, at least 48 hours before the
3
transfer began; and
4
(f) after the notification referred to in paragraph (e), the
5
estimated time of arrival of the subject oil tanker at the
6
location for the transfer changed by more than 6 hours; and
7
(g) the person did not notify a prescribed officer, in the manner
8
prescribed by the regulations, of the new estimated time of
9
arrival within 2 hours of the person becoming aware of the
10
new estimated time of arrival.
11
Penalty: 60 penalty units.
12
Ship-to-ship transfer information
13
(3) For the purposes of this section, ship-to-ship transfer information
14
is information prescribed by the regulations for the purposes of this
15
subsection.
16
Strict liability offence
17
(4) An offence against subsection (2) is an offence of strict liability.
18
Note:
For strict liability, see section 6.1 of the Criminal Code.
19
Exception
20
(5) Subsection (1) or (2) does not apply if the transfer is described in
21
paragraph 2, 3, 4 or 5 of Regulation 40 of Annex I to the
22
Convention.
23
Note:
A defendant bears an evidential burden in relation to the matter in
24
subsection (5): see subsection 13.3(3) of the Criminal Code.
25
11G Transfer of oil cargo between oil tankers outside Australian
26
waters--notification of transfer
27
Main offence
28
(1) A person commits an offence if:
29
(a) the person is the master of an oil tanker (the subject oil
30
tanker); and
31
(b) the subject oil tanker has a gross tonnage of 150 or more; and
32
Schedule 1 Amendments
10 Protection of the Sea (Prevention of Pollution from Ships) Amendment (Oil Transfers)
Bill 2011 No. , 2011
(c) the subject oil tanker is an Australian ship; and
1
(d) the subject oil tanker is engaged in the transfer of oil cargo
2
with another oil tanker that has a gross tonnage of 150 or
3
more; and
4
(e) the transfer occurs while the subject oil tanker is in the
5
territorial sea, or in the exclusive economic zone, of a foreign
6
country that is a party to the Convention; and
7
(f) if the ship-to-ship transfer information was available to the
8
person at least 48 hours before the transfer began--either or
9
both of the following subparagraphs apply:
10
(i) the person did not notify the government of that foreign
11
country, in the manner prescribed by the regulations, of
12
the transfer at least 48 hours before the transfer began;
13
(ii) the person did not notify the government of that foreign
14
country, in the manner prescribed by the regulations, of
15
that information at least 48 hours before the transfer
16
began; and
17
(g) if the ship-to-ship transfer information was not available to
18
the person at least 48 hours before the transfer began--either
19
or both of the following subparagraphs apply:
20
(i) the person did not notify the government of that foreign
21
country, in the manner prescribed by the regulations, of
22
the transfer at least 48 hours before the transfer began;
23
(ii) the person did not notify the government of that foreign
24
country, in the manner prescribed by the regulations, of
25
that information before the transfer began.
26
Penalty: 200 penalty units.
27
Offence--failure to notify change of arrival time
28
(2) A person commits an offence if:
29
(a) the person is the master of an oil tanker (the subject oil
30
tanker); and
31
(b) the subject oil tanker has a gross tonnage of 150 or more; and
32
(c) the subject oil tanker is an Australian ship; and
33
(d) the subject oil tanker is engaged in the transfer of oil cargo
34
with another oil tanker that has a gross tonnage of 150 or
35
more; and
36
Amendments Schedule 1
Protection of the Sea (Prevention of Pollution from Ships) Amendment (Oil Transfers) Bill 2011
No. , 2011 11
(e) the transfer occurs while the subject oil tanker is in the
1
territorial sea, or in the exclusive economic zone, of a foreign
2
country that is a party to the Convention; and
3
(f) the person notified the government of that foreign country, in
4
the manner prescribed by the regulations, of the transfer, and
5
of the ship-to-ship transfer information, at least 48 hours
6
before the transfer began; and
7
(g) after the notification referred to in paragraph (f), the
8
estimated time of arrival of the subject oil tanker at the
9
location for the transfer changed by more than 6 hours; and
10
(h) the person did not notify the government of that foreign
11
country, in the manner prescribed by the regulations, of the
12
new estimated time of arrival within 2 hours of the person
13
becoming aware of the new estimated time of arrival.
14
Penalty: 60 penalty units.
15
Ship-to-ship transfer information
16
(3) For the purposes of this section, ship-to-ship transfer information
17
is information prescribed by the regulations for the purposes of this
18
subsection.
19
Strict liability offence
20
(4) An offence against subsection (2) is an offence of strict liability.
21
Note:
For strict liability, see section 6.1 of the Criminal Code.
22
Exception
23
(5) Subsection (1) or (2) does not apply if the transfer is described in
24
paragraph 2, 3, 4 or 5 of Regulation 40 of Annex I to the
25
Convention.
26
Note:
A defendant bears an evidential burden in relation to the matter in
27
subsection (5): see subsection 13.3(3) of the Criminal Code.
28
Definitions
29
(6) In this section:
30
exclusive economic zone has the same meaning as in the Seas and
31
Submerged Lands Act 1973.
32
Schedule 1 Amendments
12 Protection of the Sea (Prevention of Pollution from Ships) Amendment (Oil Transfers)
Bill 2011 No. , 2011
territorial sea has the same meaning as in the Seas and Submerged
1
Lands Act 1973.
2
2 Application
3
Sections 11B to 11G of the Protection of the Sea (Prevention of
4
Pollution from Ships) Act 1983, as inserted by this Act, apply in relation
5
to transfers of oil cargo that begin:
6
(a) on or after 1 April 2012; or
7
(b) if, for the subject oil tanker, the first survey of the kind
8
referred to in paragraph 1 of Regulation 41 of Annex I to the
9
Convention is completed during the period beginning on the
10
day this item commences and ending immediately before
11
1 April 2012--on or after the day after that survey is
12
completed.
13