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POLLUTION OF WATERS BY OIL AND NOXIOUS SUBSTANCES ACT 1986 - NOTES

Version No. 038

No. 27 of 1986
Version incorporating amendments as at
8 February 2022

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Version No. 038

Pollution of Waters by Oil and Noxious Substances Act 1986

No. 27 of 1986
Version incorporating amendments as at
8 February 2022

Endnotes

    1     General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 13 March 1986

Legislative Council: 15 April 1986

The long title for the Bill for this Act was "A Bill relating to the protection of the sea and certain waters from pollution by oil and other noxious substances, to amend the Navigable Waters (Oil Pollution) Act 1960 and for other purposes.".

The Pollution of Waters by Oil and Noxious Substances Act 1986 was assented to on 20 May 1986 and came into operation as follows:

Part 1 (sections 16), Part 2 Divisions 1 (sections 713), 2A (sections 23A, 23B), 3 (sections 24–33), Schedules 1–5 on 1 March 1992: Government Gazette 19 February 1992 page 378.

Sections 1423, 23C23G, 3455 not yet in operation.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).

•     Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).

•     Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).

    2     Table of Amendments

This publication incorporates amendments made to the Pollution of Waters by Oil and Noxious Substances Act 1986 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Marine Act 1988, No. 52/1988

Assent Date:

31.5.88

Commencement Date:

S. 161(Sch. 6 items 9.1–9.4) on 20.12.88: Special Gazette (No. 105) 20.12.88 p. 1

Current State:

This information relates only to the provision/s amending the Pollution of Waters by Oil and Noxious Substances Act 1986

Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989

Assent Date:

14.6.89

Commencement Date:

S. 4(1)(a)–(e)(2) on 1.9.89: Government Gazette 30.8.89 p. 2210; rest of Act on 1.9.90: Government Gazette 25.7.90 p. 2217

Current State:

All of Act in operation

Pollution of Waters by Oil and Noxious Substances (Amendment) Act 1991, No. 46/1991 (as amended by No. 82/1995 (as amended by No. 63/1997))

Assent Date:

25.6.91

Commencement Date:

1.3.92: Government Gazette 19.2.92 p. 378

Current State:

All of Act in operation

Port Services Act 1995, No. 82/1995

Assent Date:

28.11.95

Commencement Date:

S. 189(7)(8) on 28.11.95: s. 2(1); ss 181–188,
189(1)–(6) on 1.3.96: Special Gazette (No. 14) 27.2.96 p. 1

Current State:

This information relates only to the provision/s amending the Pollution of Waters by Oil and Noxious Substances Act 1986

Legal Practice Act 1996, No. 35/1996

Assent Date:

6.11.96

Commencement Date:

S. 453(Sch. 1 item 66) on 1.1.97: s. 2(3)

Current State:

This information relates only to the provision/s amending the Pollution of Waters by Oil and Noxious Substances Act 1986

Port Services (Amendment) Act 1997, No. 63/1997

Assent Date:

5.11.97

Commencement Date:

S. 9(1) on 5.11.97: s. 2(1)

Current State:

This information relates only to the provision/s amending the Pollution of Waters by Oil and Noxious Substances Act 1986

Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998

Assent Date:

26.5.98

Commencement Date:

S. 7(Sch. 1) on 1.7.98: s. 2(2)

Current State:

This information relates only to the provision/s amending the Pollution of Waters by Oil and Noxious Substances Act 1986

Statute Law Revision Act 2000, No. 74/2000

Assent Date:

21.11.00

Commencement Date:

S. 3(Sch. 1 item 100) on 22.11.00: s. 2(1)

Current State:

This information relates only to the provision/s amending the Pollution of Waters by Oil and Noxious Substances Act 1986

Marine (Further Amendment) Act 2001, No. 77/2001

Assent Date:

27.11.01

Commencement Date:

S. 32(3) on 7.2.02: s. 2(2)

Current State:

This information relates only to the provision/s amending the Pollution of Waters by Oil and Noxious Substances Act 1986

Statute Law (Further Revision) Act 2002, No. 11/2002

Assent Date:

23.4.02

Commencement Date:

S. 3(Sch. 1 item 53) on 24.4.02: s. 2(1)

Current State:

This information relates only to the provision/s amending the Pollution of Waters by Oil and Noxious Substances Act 1986

Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009

Assent Date:

24.11.09

Commencement Date:

S. 97(Sch. item 94) on 1.1.10: Government Gazette 10.12.09 p. 3215

Current State:

This information relates only to the provision/s amending the Pollution of Waters by Oil and Noxious Substances Act 1986

Transport Integration Act 2010, No. 6/2010 (as amended by No. 45/2010)

Assent Date:

2.3.10

Commencement Date:

S. 24(5)(Sch. 1 item 9) on 1.7.10: Special Gazette (No. 256) 30.6.10 p. 1

Current State:

This information relates only to the provision/s amending the Pollution of Waters by Oil and Noxious Substances Act 1986

Marine Safety Act 2010, No. 65/2010

Assent Date:

28.9.10

Commencement Date:

S. 420(Sch. 3 item 14) on 1.7.12: s. 2(2)

Current State:

This information relates only to the provision/s amending the Pollution of Waters by Oil and Noxious Substances Act 1986

Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014

Assent Date:

3.6.14

Commencement Date:

S. 10(Sch. item 127) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2

Current State:

This information relates only to the provision/s amending the Pollution of Waters by Oil and Noxious Substances Act 1986

Environment Protection Amendment Act 2018, No. 39/2018 (as amended by No. 11/2020)

Assent Date:

28.8.18

Commencement Date:

S. 50 on 1.7.21: Special Gazette (No. 124) 16.3.21 p. 1

Current State:

This information relates only to the provision/s amending the Pollution of Waters by Oil and Noxious Substances Act 1986

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Pollution of Waters by Oil and Noxious Substances (Convention Amendment) Regulations 1992, S.R. No. 257/1992

Date of Making:

25.8.92

Date of Commencement:

25.8.92

Pollution of Waters by Oil and Noxious Substances Regulations 2022, S.R. No. 7/2022

Date of Making:

8.2.22

Date of Commencement:

Reg. 13 on 8.2.22

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

    3     Amendments Not in Operation

This version does not contain amendments that are not yet in operation.

    4     Explanatory details


[1] S. 45(2)(b): The amendment proposed by section 29 of the Pollution of Waters by Oil and Noxious Substances (Amendment) Act 1991, No. 46/1991 is not included in this publication because the expression "50 penalty units" occurs in section 45(2)(b). Section 29 reads as follows:

        29     Ships to be surveyed periodically

In section 45(1)(b) of the Principal Act for "50 penalty units" substitute "100 penalty units".



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