TRANSPORT OPERATIONS (MARINE POLLUTION) ACT 1995

Queensland Consolidated Acts

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TRANSPORT OPERATIONS (MARINE POLLUTION) ACT 1995

- As at 17 September 2019
- Act 2 of 1995

TABLE OF PROVISIONS

Long Title

PART 1 - PRELIMINARY

Division 1 - Introduction

1. Short title
2. (Repealed)

Division 2 - Act’s overall purpose

3. Overall purpose

Division 3 - Interpretation

4. Definitions—the dictionary
5. Words and expressions used in MARPOL and this Act
6. Meaning of MARPOL
7. Meaning of agent
7A. Meaning of length overall

Division 4 - Operation of Act

8. Act binds all persons
9. Discharge outside coastal waters that enters coastal waters

PART 2 - INFORMATION ABOUT THIS ACT

10. Why this Act was enacted
11. Queensland’s jurisdiction
12. The ships this Act applies to
13. Ship’s general safety obligations, surveying and registration
14. How this Act interacts with other environmental laws

PART 3 - (Repealed)

PART 4 - PREVENTION OF POLLUTION BY OIL

Division 1 - Purpose of part

23. Part gives effect to Annex I to MARPOL

Division 2 - Interpretation

24. Definitions for part
25. Words and expressions used in Annex I to MARPOL and this part

Division 3 - Discharge of oil prohibited

26. Discharge of oil into coastal waters prohibited
27. Oil residues

Division 4 - Defences

28. Defences to discharge offence

Division 5 - Exemptions

29. Certain discharges permissible

Division 6 - General

30. Shipboard oil pollution emergency plan

PART 5 - PREVENTION OF POLLUTION BY NOXIOUS LIQUID SUBSTANCES IN BULK

Division 1 - Purpose and application of part

31. Part gives effect to Annex II to MARPOL
32. Application of part

Division 2 - Interpretation

33. Definitions for part
34. Words and expressions used in Annex II to MARPOL and this part
34A. Recategorisation of substances

Division 3 - Discharge of noxious liquid substances prohibited

35. Discharge of noxious liquid substances into coastal waters prohibited

Division 4 - Defences

36. Defences to discharge offence

Division 5 - Exemptions

37. Certain discharges permissible

Division 6 - General

38. Procedures and arrangements manual
38A. Shipboard marine pollution emergency plan for noxious liquid substances

PART 6 - PREVENTION OF POLLUTION BY PACKAGED HARMFUL SUBSTANCES

Division 1 - Purpose of part

39. Part gives effect to Annex III to MARPOL

Division 2 - Interpretation

40. Definitions for part
41. Words and expressions used in Annex III to MARPOL and this part

Division 3 - Jettisoning of harmful substance prohibited

42. Jettisoning of harmful substances into coastal waters prohibited

Division 4 - Defences

43. Defences to discharge offence

Division 5 - Exemptions

44. Certain discharges permissible

PART 7 - PREVENTION OF POLLUTION BY SEWAGE

Division 1 - Interpretation

45. Definitions for pt 7
46. Words and expressions used in Annex IV to MARPOL and this part

Division 2 - Discharge of sewage

47. Discharge of untreated sewage into nil discharge waters for untreated sewage prohibited
48. Discharge of treated sewage into nil discharge waters for treated sewage prohibited
48A. Ship with fixed toilet operating in prescribed nil discharge waters to be able to hold or treat sewage
49. Declared ship operating in prescribed nil discharge waters to be fitted with sewage holding device
50. Discharge of sewage from declared ship into nil discharge waters for sewage prohibited
50A. Discharge of sewage by prescribed ships
51. Shipboard sewage management plan

Division 3 - Defence

51A. Defence to discharge offence

Division 4 - General

51B. Treatment system to be in proper working order
51C. Other laws may also apply

Division 5 - (Repealed)

PART 8 - PREVENTION OF POLLUTION BY GARBAGE

Division 1 - Purpose

52. Part gives effect to Annex V to MARPOL

Division 2 - Interpretation

53. Definitions for part
54. Words and expressions used in Annex V to MARPOL and this part

Division 3 - Disposal of garbage prohibited

55. Disposal of garbage into coastal waters prohibited
55AA. Placard about garbage disposal requirements
55A. Shipboard waste management plan

Division 4 - Defences

56. Defences to discharge offence

Division 5 - Exemptions

57. Certain disposals permissible

PART 9 - TRANSFER OPERATIONS

Division 1 - Purpose of part

58. Responsibility for pollution from transfer operations and other matters

Division 2 - Interpretation

59. Definitions for part
60. Words and expressions used in Annex I or II to MARPOL and this part

Division 3 - Discharge during transfer operation prohibited

60A. Obligation to monitor transfer operation
61. Discharge of pollutant into coastal waters prohibited

Division 4 - Defences

62. Defences to discharge offence

Division 5 - General

63. (Repealed)
64. Several liability—ships
65. Keeping of records about transfer etc.

PART 10 - RECEPTION FACILITIES

66. Reception facilities

PART 11 - REPORTING REQUIREMENTS

67. Duty to report certain incidents

PART 11A - INSURANCE

67A. Ship’s owner to have insurance

PART 12 - INVESTIGATION, PREVENTION AND MINIMISATION, AND ENFORCEMENT

Division 1 - General

68. Functions of authorised officers
69. Authorised officer subject to directions of general manager
70. Powers of authorised officers
71. Limitation on powers of authorised officer

Division 2 - Appointment of authorised officers and other matters

72. Appointment of authorised officers
73. Authorised officer’s appointment conditions
74. Authorised officer’s identity card
75. Production or display of authorised officer’s identity card
76. Protection from liability

Division 3 - Powers of authorised officers

77. Entry to place by authorised officers
78. Warrants for entry
79. Warrants—applications made otherwise than in person
80. Boarding of ships
81. Authorised officer’s general powers for ships and places
82. Power to seize evidence from places
83. Power to seize after boarding ship
84. Power to detain ship
85. Procedure after detention of ship
86. Procedure after seizure of evidence
86A. Power to give notice in relation to discharge or likely discharge of pollutant

Division 4 - Other enforcement powers of authorised officers

87. Power to require name and address
88. Power to require information from certain persons
89. Power to require production of documents

Division 5 - Consent to entry of premises

90. Consent to entry
91. Evidence of consent

Division 6 - Response action to discharge and authorised officer’s emergency powers

92. Purpose of division
93. State has prime responsibility for directing emergency response
93A. Marine pollution controller
93B. Protection from liability
94. Emergency declaration may overrule local law
95. Authorised officer’s powers in an emergency
96. Authorised officer may direct emergency release of pollutant

Division 7 - Power of intervention

97. Definitions for division
98. Power of intervention
99. Directions under s 98 may require taking of action
100. Things to be done before power to intervene is exercised

Division 8 - Offences

101. Failure to help authorised officer—emergency
102. Failure to help authorised officer—other cases
103. Failure to obey direction
104. Failure to give information
105. False or misleading statements
106. False or misleading documents
107. Obstruction of authorised persons
108. Impersonation of authorised officer

Division 9 - General

109. Authorised officer to give notice of damage
110. Compensation

PART 13 - DISCHARGE EXPENSES

111. Definitions for part
112. General manager to set amounts for costs and expenses relating to definition discharge expenses
113. Detained ship must be released on giving security
114. Other ways detained ship may be released
115. Recovery of discharge expenses
116. External review of decisions under s 115
117. (Repealed)

PART 13A - SECURING COMPLIANCE WITH ACT

Division 1 - Purpose

117A. Purpose of pt 13A

Division 2 - Enforcement orders and interim enforcement orders

117B. Proceeding for enforcement order or interim enforcement order
117C. Making enforcement order
117D. Making interim enforcement order
117E. Effect of order
117F. Powers of District Court about enforcement order or interim enforcement order
117G. No undertaking as to damages or costs may be required
117GA. Further power of District Court if enforcement order is contravened
117GB. Recovery by State of expenses of taking authorised action
117GC. Recovery by other persons of damages in particular circumstances

Division 3 - Undertakings

117H. General manager may seek division 3 undertaking
117I. Undertaking about other matter
117J. Variation and withdrawal of division 3 undertaking
117K. Enforcement of division 3 undertaking
117L. Register of division 3 undertakings

PART 13B - REVIEW OF DECISIONS

117M. Internal review of decisions
117N. External review of decisions

PART 14 - LEGAL PROCEEDINGS

Division 1 - Evidence

118. Evidentiary provisions
119. Analyst’s certificate or report produced by defendant
120. Responsibility for acts or omissions of representatives
121. Executive officer may be taken to have committed offence

Division 2 - Legal proceedings

122. How discharge expenses may be recovered
123. Indictable and summary offences
124. Proceedings for indictable offences
125. Limitation on who may summarily hear indictable offence proceedings
126. Limitation on time for starting summary proceedings
126A. Allegations of false or misleading statements or documents
127. Court may make orders about rehabilitation etc.

Division 3 - Service

128. Special provision for service of documents

PART 14A - PROTECTION FOR WHISTLEBLOWERS

128A. Definitions for pt 14A
128B. Application of pt 14A
128C. General limitation
128D. Liability for conduct unaffected
128E. Reprisal and grounds for reprisal
128F. Damages entitlement or other remedy for reprisal
128G. False or misleading statements
128H. False or misleading documents

PART 15 - ADMINISTRATION

129. (Repealed)
130. Delegation by chief executive
131. (Repealed)
132. (Repealed)
132A. Delegation by marine pollution controller

PART 15A - APPOINTMENT OF ANALYSTS

132B. Appointment and qualifications
132C. Appointment conditions
132D. When analyst stops holding office
132E. Resignation

PART 16 - MISCELLANEOUS

132F. Recovery of damages
132G. Approval of forms
133. Regulation-making power
134. Exemption of defence ships from Act
135. (Repealed)

PART 17 - TRANSITIONAL PROVISIONS

Division 1 - Provisions for Maritime Safety Queensland Act 2002

136. Definitions for div 1
137. Transition of chief executive’s functions to general manager
138. Agreements
139. Notices
140. Appointments
141. Other things done by chief executive
142. Particular references to chief executive

Division 2 - Provisions for Maritime and Other Legislation Amendment Act 2006

143. Application of s 62
144. (Repealed)
145. Authorised officers appointed by chief executive officer of port authority
146. Protection from liability for port authorised officers and others and continuing liability for port authorities
147. Making orders under s 127 and pt 13A, div 2
148. Delegation under s 132 as in force before commencement
149. Previous exercise of powers by port authority officer not affected
150. Emergency response powers under pt 12, div 6
151. Continuing liability of port authority for compensation
152. If port authority has started to recover discharge expenses before commencement
153. Application of s 118 to particular matters

Division 3 - Provisions for Transport Legislation Amendment Act 2008, part 5

154. Appointments of analysts
155. Actions done and documents made by analysts
156. Recovery of damages

Division 4 - Transitional provisions for Transport and Other Legislation Amendment Act 2008, part 7, division 1

157. Provision for prosecutions under previous s 38(4)
158. Application of s 50A

Division 5 - (Repealed)

Division 6 - Transitional provision for Transport and Other Legislation Amendment Act (No. 2) 2010

160. Application of s 49

Division 7 - Transitional provisions for Transport Legislation (Road Safety and Other Matters) Amendment Act 2019

161. Recovery of discharge expenses incurred by particular entities
162. Securing compliance for particular offences
SCHEDULE 1

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