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Protection of the Sea - Conventions and Legislation in Australia
In accordance with the Australian Government's responsibilities and policies, Australia's obligations under IMO Conventions and AMSA's functions specified in Section 6(1)(a) of the Australian Maritime Safety Authority Act 1990, AMSA coordinates a national pollution prevention and response strategy to protect Australia's marine environment from pollution caused by shipping and related activities. This document lists the prevention components of this strategy, based largely on several IMO Conventions given effect by domestic legislation, implemented and enforced by Commonwealth and State/NT Governments.
International Maritime Organization
Because of the international nature of the shipping industry, action to improve maritime safety and prevent marine pollution is more effective if carried out at an international level rather than by individual countries acting unilaterally and without co-ordination with others. Accordingly, a conference held by the United Nations in 1948 adopted a convention establishing the International Maritime Organization (IMO) (known as the Inter-Governmental Maritime Consultative Organization until May 1982) as the first international body devoted exclusively to maritime matters.
IMO is a technical organization and most of its work is undertaken in a number of committees and sub-committees. Of particular relevance to pollution from ships is the Marine Environment Protection Committee (MEPC) established in November 1973. From 1997 to 2002 Australia chaired this Committee.
Australia has been a member of IMO since its inception, and currently serves on the governing Council and provides chair or deputy chair persons for a number of committees, sub-committees and working groups. In addition, Australia sends delegations comprising representatives of Governments and industry to a wide range of IMO Committee and Working Group meetings on a regular basis. As a member of IMO, Australia has been active in developing and is a party to many IMO conventions.
International Convention for the Prevention of Pollution from Ships (MARPOL)
An overview of this Convention can be found by going to www.imo.org, then selecting “Conventions” from the list of options, then selecting “MARPOL”.
Entry into force:
- MARPOL 2 October 1983 (international) 14 January 1988 (Australia)
- Annex I (Oil) 2 October 1983 (international) 14 January 1988 (Australia)
- Annex II (Noxious Liquid Substances) 6 April 1987 (international) 14 January 1988 (Australia)
- Annex III (Harmful Substances in Packaged Forms) 1 July 1992 (international) 10 January 1995 (Australia)
- Annex IV (Sewage) 27 September 2003 (international) 27 May 2004 (Australia)
- Annex V (Garbage) 31 December 1988 (international) 14 November 1990 (Australia)
- Annex VI (Air Pollution) 19 May 2005 (International) 10 November 2007 (Australia)
Implementation
States/NT have implemented complementary MARPOL legislation at indicated in the following table:
Annex I - oil |
Annex II - chemicals |
Annex III - packaged |
Annex IV - sewage |
Annex V - garbage |
|
QLD |
Yes |
Yes |
Yes |
Yes |
Yes |
NSW |
Yes |
Yes |
No |
No |
No |
VIC* |
Yes |
No |
No |
No |
Yes |
TAS |
Yes |
Yes |
Yes |
Yes |
Yes |
SA |
Yes |
Yes |
Yes |
No |
Yes |
WA |
Yes |
Yes |
No |
No |
No |
NT |
Yes |
Yes |
Yes |
No |
Yes |
*Operational aspects only
Where a State/NT does not have complementary legislation for a specific Annex of the Convention, the Commonwealth legislation applies.
The Commonwealth legislation giving effect to MARPOL is:
- Protection of the Sea (Prevention of Pollution from Ships) Act 1983
- Navigation Act 1912 (Divisions 12, 12A, 12B and 12C)
- Protection of the Sea (Prevention of Pollution from Ships) (Orders) Regulations
- Marine Orders, Part 91 (Marine Pollution Prevention - Oil)
- Marine Orders, Part 93 (Marine Pollution Prevention - Noxious Liquid Substances)
- Marine Orders Part 94 (Marine Pollution Prevention - Harmful Substances in Packaged Forms)
- Marine Orders Part 95 (Marine Pollution Prevention – Garbage)
- Marine Orders Part 96 (Marine Pollution Prevention – Sewage)
- Maritime Legislation Amendment (Prevention of Air Pollution from Ships) Act 2007 [
DOC: n/aKb] - Marine Orders Part 97 (Marine Pollution Prevention - Air Pollution)
The Commonwealth MARPOL implementing legislation includes a number of enforcement related provisions derived from the United Nations Convention on the Law of the Sea. These are:
- extension of the application of the Act to the EEZ (section 6);
- provisions which require foreign ships to provide information (section 26G);
- detention of foreign ships suspected of involvement in pollution breaches. (The ship must be released on the posting of a bond or in the event of other circumstances arising as listed in the Act - section 27A);
- provision that detention may include escorting a ship into port (subsection 27A(1A));
- provision to ensure that proceedings in Australia against a foreign ship for a pollution breach will be suspended if proceedings for the same pollution breach are taken in the flag state of the ship (subsection 29(2));
- provision of specific powers relating to inspection of ships in the EEZ which are suspected of having caused a pollution breach; and
- a requirement for an Australian ship that is in the territorial sea or the EEZ of a foreign country to provide information required by that country to determine if a pollution breach has occurred (section 27C).
State/NT legislation giving effect to MARPOL is:
New South Wales |
|
South Australia |
Protection of Marine Waters (Prevention of Pollution from Ships) Act 1987 |
Western Australia |
|
Tasmania |
|
Victoria |
Pollution of Waters by Oil and Noxious Substances Act 1986 [ |
Queensland |
Transport Operations (Marine Pollution) Act 1995 [ |
Northern Territory |
Annex IV of the Protocol on Environmental Protection to the Antarctic Treaty
The text of this Protocol as well as a summary can be found by going to the Antarctic Treaty Committee for Environmental Protection web site.
Entry into force: 14 January 1998 (International and for Australia)
Implementation
The Commonwealth legislation giving effect to the ship based pollution aspects of this Protocol is the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 (Subsection 28(3), sections 34 to 40 (inclusive) and subsection 42(4)).
International Convention on Civil Liability for Oil Pollution Damage 1992 (the Civil Liability Convention)
An overview of this Convention can be found by going to www.imo.org, then selecting “Conventions” from the list of options, then selecting “Liability and Compensation Conventions”. Additional information on this convention can be found on the International Oil Pollution Compensation Fund [
PDF: 43Kb] web site, www.iopcfund.org .
Entry into force: 30 May 1996 (international) 9 October 1996 (Australia)
Implementation
The Commonwealth legislation giving effect to this Convention is:
- Protection of the Sea (Civil Liability) Act 1981
- Protection of the Sea (Civil Liability) Regulations (S.R. No 222 of 1983)
- Protection of the Sea (Civil Liability) (Registration of Foreign Judgements) Regulations (S.R. No 221 of 1983)
There is no complementary State/NT legislation.
International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage 1992
(Also 2003 Protocol to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage 1992)
An overview of this Convention can be found by going to www.imo.org, then selecting “Conventions” from the list of options, then selecting “Liability and Compensation Conventions”. Additional information on this convention can be found on the International Oil Pollution Compensation Fund [ PDF: 43Kb] web site, www.iopcfund.org
The 2003 Protocol was tabled in Parliament at the Joint Standing Committee on Treaties on 8 May 2006. The National Interest Analysis can also be found on the Australian Parliament web site.
Entry into force: 30 May 1996 (international) 9 October 1996 (Australia)
Protocol: 3 March 2005 [ PDF: 29Kb](international) Not yet in force for Australia
Implementation
The Commonwealth legislation giving effect to this Convention is:
- Protection of the Sea (Oil Pollution Compensation Fund) Act 1993
- Protection of the Sea (Oil Pollution Compensation Fund - Customs) Act 1993
- Protection of the Sea (Oil Pollution Compensation Fund - Excise) Act 1993
- Protection of the Sea (Oil Pollution Compensation Fund - General) Act 1993
- Protection of the Sea (Oil Pollution Compensation Fund) Regulations
There is no complementary State/NT legislation.
The Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties 1969 (the Intervention Convention)
An overview of this Convention can be found by going to www.imo.org, then selecting “Conventions” from the list of options, then selecting “Prevention of Marine Pollution Conventions”. For additional background regarding the legal basis for the Convention, see International Law Commission Report Yb., (1980) Int'l L. Comm'n 35, A/CN.4/Ser.A/1980,Add1 (Pt2).
Entry into force: 6 May 1975 (international) 5 Feb 1984 (Australia) Protocol
Implementation
The Commonwealth legislation giving effect to this Convention is:
- Protection of the Sea (Powers of Intervention) Act 1981
- Protection of the Sea (Powers of Intervention) Regulations (S.R. No 220 of 1983)
States/NT (except Western Australia) have implemented complementary Powers of Intervention legislation by including provisions in the Acts listed below.
New South Wales |
Marine Pollution Act 1987, Section 48 |
South Australia |
Protection of Marine Waters (Prevention of Pollution from Ships) Act 1987, section 28 |
Tasmania |
Pollution of Waters by Oil and Noxious Substances Act 1987, Section 26A |
Victoria |
Marine Act 1988, sections 45-47 [ |
Queensland |
Transport Operations (Marine Pollution) Act 1995, Division 7 [ |
Northern Territory |
Marine Pollution Act 1999, Division 7 |
International Convention on Oil Pollution Preparedness, Response and Co-operation 1990 (OPRC 90)
(Also 2000 Protocol on Preparedness, Response and Co-operation to Pollution Incidents by Hazardous and Noxious Substances)
An overview of this Convention and Protocol can be found by going to www.imo.org, then selecting “Conventions” from the list of options, then selecting “Prevention of Marine Pollution Conventions”.
Entry into force (Convention): 13 May 1995 (International and Australia)
Entry into force (Protocol): 14 June 2007 (International and Australia)
Implementation
Generally, the provisions of this Convention and Protocol did not require implementing legislation. The only exception relates to Shipboard Oil Pollution Emergency Plans, see the Commonwealth Protection of the Sea (Prevention of Pollution from Ships) Act 1983 (section 11A) and Shipboard Marine Pollution Emergency Plan for Noxious Liquid Substances, see the Commonwealth Protection of the Sea (Prevention of Pollution from Ships) Act 1983 (section 22A).
International Convention on the Control of Harmful Anti-fouling Systems on Ships 2001
An overview of this Convention can be found by going to www.imo.org, then selecting “Conventions” from the list of options, then selecting “Prevention of Marine Pollution Conventions”.
Several documents related to Australian implementation can be found at the Australian Parliament web site:
- Report of Joint Standing Committee on treaties [ PDF: 52Kb]
- Regulatory Impact Statement [ PDF: 60Kb]
- National Interest Analysis and [ PDF: 46Kb]
Entry into force: 17 September 2008. (International and Australia).
Implementation
Protection of the Sea (Harmful Anti-fouling Systems) Act 2006.
The International Convention on Civil Liability for Bunker Oil Pollution Damage 2001
An overview of this Convention can be found by going to www.imo.org, then selecting “Conventions” from the list of options, then selecting ““Liability and Compensation Conventions”.
This Convention was tabled in Parliament at the Joint Standing Committee on Treaties on 8 May 2006. The National Interest Analysis can also be found on the Australian Parliament web site.
Entry into force: 21 November 2008. Australia has not yet ratified.
Implementation
Protection of the Sea (Civil Liability for Bunker Oil Pollution Damage) Act 2008
International Convention for the Control and Management of Ships’ Ballast Water and Sediments
An overview of this Convention can be found by going to www.imo.org, then selecting “Conventions” from the list of options, then selecting “Ballast Water Management”. The Convention was tabled in Parliament at the Joint Standing Committee on Treaties [ PDF: 246Kb] on 13 June 2007.
The Regulation Impact Statement [ PDF: 702Kb] is also available.
Entry into force: Not yet in force. The Convention will enter in force 12 months after 30 States with combined merchant fleets constituting 35% of the gross tonnage of the world’s merchant shipping have signed the Convention. Australia signed subject to ratification on 29 May 2005.
Implementation
Implementing legislation is currently being developed by the Department of Agriculture, Fisheries and Forrestry.
Last updated: August 2008