Commonwealth of Australia Explanatory Memoranda Commonwealth of Australia Explanatory Memoranda[Index] [Search] [Download] [Bill] [Help]
2002
THE PARLIAMENT OF THE COMMONWEALTH OF
AUSTRALIA
HOUSE OF REPRESENTATIVES
PROTECTION
OF THE SEA (PREVENTION OF POLLUTION FROM SHIPS) AMENDMENT BILL
2002
EXPLANATORY MEMORANDUM
(Circulated by
authority of the Minister for Transport and Regional Services,
the Honourable
John Anderson, MP)
PROTECTION OF THE SEA (PREVENTION OF POLLUTION FROM SHIPS) AMENDMENT BILL
2002
The purpose of the Bill is to amend the Protection of the Sea
(Prevention of Pollution from Ships) Act 1983 (“the Pollution
Prevention Act”). This Bill corrects unintended effects of the
International Maritime Convention Legislation Amendment Act 2001
(“the IMCLA Act”) which amended the Pollution Prevention Act. This
Bill provides offence provisions if there is an escape or discharge of
pollutants (eg. oil, noxious substances, garbage) from a ship in the Exclusive
Economic Zone.
There is no financial impact.
List of Abbreviations used
in this Explanatory Memorandum
IMCLA Act the International
Maritime Convention Legislation Amendment Act 2001
MARPOL 73/78
International Convention for the Prevention of Pollution from Ships, 1973 as
amended by the Protocol of 1978
Pollution Prevention Act the
Protection of the Sea (Prevention of Pollution from Ships) Act
1983
PROTECTION OF THE SEA (PREVENTION OF POLLUTION FROM SHIPS)
AMENDMENT BILL 2002
1. Clause 1 is a formal provision specifying the title of the proposed
Act.
2. Sections 1 to 3 of the proposed Act will commence on the day on which
it receives Royal Assent.
3. Schedule 1 Items 1 to 6 and 9 to 10 of the
proposed Act will commence on the day after it receives Royal
Assent.
4. Items 7 and 8 amend section 26D of the Pollution Prevention
Act, as amended by the IMCLA Act. Section 26D is contained in Division 2 of
Part IIIB of the Pollution Prevention Act. That Division has not yet commenced.
The amendments to section 26D contained in Item 92 of Schedule 3 of the IMCLA
Act will commence immediately after Division 2 of Part IIIB commences. The
amendments to section 26D contained in this Bill will commence immediately after
the IMCLA Act amendments commence.
5. Clause 3 is a formal clause indicating that each Act specified in a
Schedule to the Bill is amended as set out in the relevant Schedule.
Protection of the Sea (Prevention of Pollution from Ships) Act
1983
Item 1 repeals existing paragraph 9(1)(c) in the Pollution Prevention Act
and replaces it with a new paragraph 9(1)(c).
Subsection 9(1) of the
Pollution Prevention Act provides that it is an offence for a person to
recklessly or negligently engage in conduct which causes the discharge of oil or
oily mixtures from a ship into the sea. The new paragraph 9(1)(c) sets out the
geographic limits of that offence. The new paragraph provides that the offence
can occur in one of three regions:
• where the discharge is into the
sea near a State or Territory, and the relevant State or Territory does not have
a law that gives effect to those parts of MARPOL 73/78 relating to the discharge
from ships of oil or an oily mixture;
• where the discharge is into the
exclusive economic zone; or
• in the case of Australian ships, where
the discharge is into the sea beyond the exclusive economic zone.
The new
paragraph 9(1)(c) differs in effect from the existing paragraph 9(1)(c) only in
that it extends the geographic coverage of the offence to discharges from either
Australian or foreign ships in the exclusive economic zone.
Item 2 repeals existing paragraph 9(1B)(b) in the Pollution Prevention
Act and replaces it with a new paragraph 9(1B)(b).
Subsection 9(1B) of
the Pollution Prevention Act provides that the master and owner of a ship are
guilty of an offence of strict liability if there is a discharge of oil or an
oily mixture from their ship into the sea. The new paragraph 9(1B)(b) sets out
the geographic limits of that offence. The new paragraph provides that the
offence can occur in one of three regions:
• where the discharge is
into the sea near a State or Territory, and the relevant State or Territory does
not have a law that gives effect to those parts of MARPOL 73/78 relating to the
discharge from ships of oil or an oily mixture;
• where the discharge
is into the exclusive economic zone; or
• in the case of Australian
ships, where the discharge is into the sea beyond the exclusive economic
zone.
The new paragraph 9(1B)(b) differs in effect from the existing
paragraph 9(1B)(b) only in that it extends the geographic coverage of the
offence to discharges from either Australian or foreign ships in the exclusive
economic zone.
Item 3 repeals existing paragraph 21(1)(c) in the Pollution Prevention
Act and replaces it with a new paragraph 21(1)(c).
Subsection 21(1) of
the Pollution Prevention Act provides that it is an offence for a person to
recklessly or negligently engage in conduct which causes the discharge into the
sea from a ship of a liquid substance or a mixture containing a liquid
substance, carried as cargo. The new paragraph 21(1)(c) sets out the geographic
limits of that offence. The new paragraph provides that the offence can occur
in one of three regions:
• where the discharge is into the sea near a
State or Territory, and the relevant State or Territory does not have a law that
gives effect to those parts of MARPOL 73/78 relating to the discharge from ships
of liquid substances carried as cargo;
• where the discharge is into
the exclusive economic zone; or
• in the case of Australian ships,
where the discharge is into the sea beyond the exclusive economic
zone.
The new paragraph 21(1)(c) differs in effect from the existing
paragraph 21(1)(c) only in that it extends the geographic coverage of the
offence to discharges from either Australian or foreign ships in the exclusive
economic zone.
Item 4 repeals existing paragraph 21(1B)(b) in the Pollution Prevention
Act and replaces it with a new paragraph 21(1B)(b).
Subsection 21(1B) of
the Pollution Prevention Act provides that the master and owner of a ship are
guilty of an offence of strict liability if there is a discharge into the sea
from their ship of a liquid substance or a mixture containing a liquid
substance, carried as cargo. The new paragraph 21(1B)(b) sets out the
geographic limits of that offence. The new paragraph provides that the offence
can occur in one of three regions:
• where the discharge is into the
sea near a State or Territory, and the relevant State or Territory does not have
a law that gives effect to those parts of MARPOL 73/78 relating to the discharge
from ships of liquid substances carried as cargo;
• where the discharge
is into the exclusive economic zone; or
• in the case of Australian
ships, where the discharge is into the sea beyond the exclusive economic
zone.
The new paragraph 21(1B)(b) differs in effect from the existing
paragraph 21(1B)(b) only in that it extends the geographic coverage of the
offence to discharges from either Australian or foreign ships in the exclusive
economic zone.
Item 5 repeals existing paragraph 26AB(1)(c) in the Pollution Prevention
Act and replaces it with a new paragraph 26AB(1)(c).
Subsection 26AB(1)
of the Pollution Prevention Act provides that it is an offence for a person to
recklessly or negligently engage in conduct which results in the jettisoning
from a ship of a harmful substance carried as cargo in packaged form. The new
paragraph 26AB(1)(c) sets out the geographic limits of that offence. The new
paragraph provides that the offence can occur in one of three
regions:
• where the jettisoning is into the sea near a State or
Territory, and the relevant State or Territory does not have a law that gives
effect to those parts of MARPOL 73/78 relating to the jettisoning from ships of
harmful substances carried as cargo in packaged form;
• where the
jettisoning is into the exclusive economic zone; or
• in the case of
Australian ships, where the jettisoning is into the sea beyond the exclusive
economic zone.
The new paragraph 26AB(1)(c) differs in effect from the
existing paragraph 26AB(1)(c) only in that it extends the geographic coverage of
the offence to jettisoning from either Australian or foreign ships in the
exclusive economic zone.
Item 6 repeals existing paragraph 26AB(3)(b) in the Pollution Prevention
Act and replaces it with a new paragraph 26AB(3)(b).
Subsection 26AB(3)
of the Pollution Prevention Act provides that the master and owner of a ship are
guilty of an offence of strict liability if a harmful substance (carried as
cargo in packaged form) is jettisoned from their ship. The new paragraph
26AB(3)(b) sets out the geographic limits of that offence. The new paragraph
provides that the offence can occur in one of three regions:
• where
the jettisoning is into the sea near a State or Territory, and the relevant
State or Territory does not have a law that gives effect to those parts of
MARPOL 73/78 relating to the jettisoning from ships of harmful substances
carried as cargo in packaged form;
• where the jettisoning is into the
exclusive economic zone; or
• in the case of Australian ships, where
the jettisoning is into the sea beyond the exclusive economic zone.
The
new paragraph 26AB(3)(b) differs in effect from the existing paragraph
26AB(3)(b) only in that it extends the geographic coverage of the offence to
jettisoning from either Australian or foreign ships in the exclusive economic
zone.
Item 7 repeals paragraph 26D(1)(c) in the Pollution Prevention Act, as it
will be amended by Item 92 of Schedule 3 of the International Maritime
Conventions Legislation Amendment Act 2001 (“the IMCLA Act”) and
replaces it with a new paragraph 26D(1)(c). Section 26D of the Pollution
Prevention Act and Item 92 of Schedule 3 of the IMCLA Act have not yet
commenced.
Upon the commencement of section 26D of the Pollution
Prevention Act (as amended by Item 92 of Schedule 3 of the IMCLA Act),
subsection 26D(1) will provide that is an offence for any person to engage in
reckless or negligent conduct that results in the discharge of sewage from a
ship into the sea.
The new paragraph 26D(1)(c) sets out the geographic
limits of that offence. The new paragraph provides that the offence can occur
in one of three regions:
• where the discharge is into the sea near a
State or Territory, and the relevant State or Territory does not have a law that
gives effect to those parts of MARPOL 73/78 relating to the discharge of sewage
from ships;
• where the discharge is into the exclusive economic zone;
or
• in the case of Australian ships, where the discharge is into the
sea beyond the exclusive economic zone.
The new paragraph 26D(1)(c)
differs in effect from paragraph 26D(1)(c) (as amended by the IMCLA Act) only in
that it extends the geographic coverage of the offence to discharges from either
Australian or foreign ships in the exclusive economic zone.
Item 8 repeals paragraph 26D(3)(b) in the Pollution Prevention Act, as it
will be amended by Item 92 of Schedule 3 of the IMCLA Act and replaces it with a
new paragraph 26D(3)(b). Section 26D of the Pollution Prevention Act and Item
92 of Schedule 3 of the IMCLA Act have not yet commenced.
Upon the
commencement of section 26D of the Pollution Prevention Act (as amended by Item
92 of Schedule 3 of the IMCLA Act), subsection 26D(3) will provide that the
master and owner of a ship are guilty of an offence of strict liability if there
is discharge of sewage from their ship into the sea.
The new paragraph
26D(3)(b) sets out the geographic limits of that offence. The new paragraph
provides that the offence can occur in one of three regions:
• where
the discharge is into the sea near a State or Territory, and the relevant State
or Territory does not have a law that gives effect to those parts of MARPOL
73/78 relating to the discharge of sewage from ships;
• where the
discharge is into the exclusive economic zone; or
• in the case of
Australian ships, where the discharge is into the sea beyond the exclusive
economic zone.
The new paragraph 26D(3)(b) differs in effect from
paragraph 26D(3)(b) (as amended by the IMCLA Act) only in that it extends the
geographic coverage of the offence to discharges from either Australian or
foreign ships in the exclusive economic zone.
Item 9 repeals existing paragraph 26F(1)(c) in the Pollution Prevention
Act and replaces it with a new paragraph 26F(1)(c).
Subsection 26F(1) of
the Pollution Prevention Act provides that it is an offence for a person to
engage in reckless or negligent conduct that results in the disposal of garbage
from a ship into the sea. The new paragraph 26F(1)(c) sets out the geographic
limits of that offence. The new paragraph provides that the offence can occur
in one of three regions:
• where the disposal is into the sea near a
State or Territory, and the relevant State or Territory does not have a law that
gives effect to those parts of MARPOL 73/78 relating to the disposal of
garbage;
• where the disposal is into the exclusive economic zone;
or
• in the case of Australian ships, where the disposal is into the
sea beyond the exclusive economic zone.
The new paragraph 26F(1)(c)
differs in effect from the existing paragraph 26F(1)(c) only in that it extends
the geographic coverage of the offence to disposal of garbage from either
Australian or foreign ships in the exclusive economic zone.
Item 10 repeals existing paragraph 26F(3)(b) in the Pollution Prevention
Act and replaces it with a new paragraph 26F(3)(b).
Subsection 26F(3) of
the Pollution Prevention Act provides that the master and owner of a ship are
guilty of an offence of strict liability if there is disposal of garbage from
their ship into the sea. The new paragraph 26F(3)(b) sets out the geographic
limits of that offence. The new paragraph provides that the offence can occur
in one of three regions:
• where the disposal is into the sea near a
State or Territory, and the relevant State or Territory does not have a law that
gives effect to those parts of MARPOL 73/78 relating to the disposal of
garbage;
• where the disposal is into the exclusive economic zone;
or
• in the case of Australian ships, where the disposal is into the
sea beyond the exclusive economic zone.
The new paragraph 26F(3)(b)
differs in effect from the existing paragraph 26F(3)(b) only in that it extends
the geographic coverage of the offence to disposal of garbage from either
Australian or foreign ships in the exclusive economic zone.