Prosecutions for Ship Sourced Pollution
Stow it Don't Throw it
Garbage pollution from vessels
Garbage dumped into the sea is no longer an environmentally or socially acceptable practice. Australian laws restricting the discharge of certain types of garbage have been in place since 1990 and all vessel operators should be aware of these restrictions.
Oceans were seen as vast domains where garbage disappeared because it either decayed or sank.
Today debris in the oceans is one of the major threats to the marine environment, estimated to kill more than one million sea birds and 100,000 marine animals and turtles each year through ingestion and entanglement. Plastic bags can be mistaken for jellyfish, a source of food for turtles and whales, while other plastic material is eaten by fish, seabirds and other marine life, causing death.
Both non-biodegradable and so called degradable products once disposed into the sea can persist for indefinite periods of time and potentially cause damage to vessels and harm to humans and marine life.
The beauty of our coastlines is devalued as garbage accumulates. Beaches, often in remote places, are polluted by garbage washed up from the sea. Much of this garbage comes from ships, yachts, trawlers and other marine craft. The fact is that that garbage does not just magically appear – it is generally the result of people’s negligence.
Garbage is also costly for recreational boaters, the fishing industry and other vessels as rope and plastic material become caught in propeller shafts or block water intakes causing major damage, expensive repairs and loss of income while vessels are repaired.
All seafarers are encouraged to recover persistent garbage from the sea as opportunities arise and if safety practices allow. Such garbage should be disposed at shore facilities and the circumstances reported to the authorities. If you use the sea for recreational or commercial purposes it is in your interest to ensure that our seas stay clean and unpolluted.
The Law
To prevent pollution of the sea by garbage, Australian laws impose strict controls and allow for heavy fines for polluters. These laws complement international laws.
The garbage regulations are based on the International Convention for the Prevention of Pollution from Ships (known as MARPOL) and apply to all vessels including dinghies, yachts and fishing vessels as well as large international trading ships.
All vessel operators should be aware of two basic principles:
- No plastics thrown into the sea
- No garbage discharged within 12 nautical miles (nm) from the nearest land.
Vessels operating within 12nm from land are required to retain all garbage onboard for disposal at shore facilities in ports, harbours and marinas. Operators must ensure that all garbage is secure while stored onboard the vessel. Even if the wind blows garbage off your vessel it is still an offence. When your vessel operates beyond 12nm from nearest land, best environmental practice is for all garbage to be disposed at facilities on land.
A distance “from nearest land” must be measured from the baseline from which the Australian territorial sea is determined. Sometimes what you think is just a sand bar or a reef is refined as land under Australian laws, therefore you must be aware that the baseline is not just the low water mark in some coastal or offshore areas. For more information see: NearestLand.
If you are boating in the Great Barrier Reef and Torres Strait region, you should know the discharge of all types of garbage is prohibited. The only exception is the release of small quantities of food waste for the specific purpose of fish feeding for tourist or fishing operations.
The law does permit the disposal of certain types of garbage beyond 12nm from nearest land however there are strict requirements on where and how this can be done. Large vessels with specialised grinding/shredding equipment are able to discharge certain types of garbage at a specific distance from land.
Penalties
Fines of up to $A1.3 million for companies and $A260,000 for individuals may be imposed on vessel operators illegally discharging garbage at sea. To avoid a fine, bring your garbage back to shore facilities.
Recently there have been a number of prosecutions for garbage offences in Australian waters. Examples of penalties imposed on vessel owners include: for food waste discharges in the Great Barrier Reef fines ranging from $4825 to $6000; and for plastic discharged into the sea fines ranging from $350 to $35,000.
Types of Garbage
Garbage from vessels may be classed as domestic, operational or maintenance wastes. This includes but is not limited to:
| food wastes | paper products/cardboad | rags |
| glass | metal | bottles |
| crockery | fishing gear | nets |
| bait boxes | lining | packing materials |
| deck sweepings | paints | wood products |
| wire | cargo residues | all plastic products etc |
Total Ban on Plastics
The discharge of plastics into the sea is totally prohibited in any location. Boat operators must retain all plastic material for disposal at shore facilities. A wide variety of plastic products are manufactured and vessel operators should be aware of these materials. Sometimes you may not realise that a product contains plastic.
Plastic material used at sea includes:
| trawl and fishing nets | synthetic ropes and nets | plastic sheeting, bags or utensils |
| 'six pack' holders | electrical and electronic components | fibreglass |
| paints | fishing floats or buoys | strapping bands |
Photograph courtesy of Cynthia Vanderlip – Algalita Marine Research foundation
Minimise how much you take to sea
Boat operators need to plan ways to reduce the amount of garbage onboard.
Minimise the amount of garbage you generate onboard by carefully planning what you take to sea. For example don't use disposable products - use crockery instead of paper cups and plates.Reduce the amount of plastics and use bulk packaging of consumables. If you compact or crush your garbage it will take up less space on the vessel and can be disposed later at shore facilities. Food waste can be double bagged and /or frozen if you have a freezer onboard. Replace plastic sheeting with reusable covering material.
Fishing gear
Fishing vessel operators have an added responsibility not to pollute the resource which provides their livelihood. Discarded trawl, gill and other fishing nets can become a navigational hazard and cause considerable damage and affect the safety of other vessels. It is preferable for fishing gear to have biodegradable panels of natural material to reduce the potential for entanglement of marine life if the gear is lost. In addition operators are encouraged to utilise gear identification systems to assist recovery and return lost gear.
Fishers are encouraged to make every effort to retrieve all lost gear and other persistent garbage found at sea if safety practices allow. If you do lose large amounts of fishing gear, report the approximate position and reasons for the loss to the Rescue Coordination Centre (RCC-Australia). This allows other vessels to look out for the lost gear and avoid or retrieve it if practical.
Signage or Placards
All vessels of 12 metres or more in length are required to display signs or placards which provide information about the garbage laws. The placards should be visible in areas where garbage may be generated and in full view of crew and passengers. The wording for the placards should be similar to the following example:
| INTERNATIONAL POLLUTION REGULATIONS MARPOL CONVENTION, ANNEX V DISPOSAL OF ALL PLASTICS INTO THE SEA IS
PROHIBITED ALL GARBAGE SHOULD BE RETAINED ON-BOARD AND DISPOSED USING FACILITIES IN THE PORT OR MARINA. DISPOSAL OF ANY GARBAGE IS PROHIBITED IN THE GREAT BARRIER REEF OR TORRES STRAIT AREA. OUTSIDE THIS AREA, SOME GARBAGE (EG. FOOD WASTE, PAPER) CAN BE DISPOSED AT SEA ONLY IF THE VESSEL IS MORE THAN 12 NM FROM THE NEAREST LAND (INCLUDING CAYS, REEFS). CONTACT MARITIME AUTHORITIES FOR MORE DETAILED INFORMATION |
If you operate your vessel beyond 12nm from the nearest land, you need to include specific information about where non-plastic garbage is permitted to be discharged. (See further information below).
Shore Facilities
Under international and Australian requirements shore, facilities for the disposal of waste from vessels should be available. Facilities must be appropriate for the amount of boating or shipping activity in the area.
If shore facilities are not adequate for the disposal of your garbage, let the marina owner or port authority know. You should also notify State/Territory and local officials of the inadequate facilities. If enough people express concern the facilities are likely to be upgraded.
Shipboard waste management
MARPOL requires vessels over 400 tons to develop a waste management plan which contains procedures for collecting, storing, processing and disposal of garbage. Ships may also be fitted with appropriate garbage handling equipment such as compactors or incinerators.
Vessels over 400 tons also need maintain a garbage record book and enter details of every garbage incineration, disposal at sea or waste reception facility receipts’ in this book. The record book must be kept on board for a minimum of two years and be available for inspection by authorities.
More information
If you want more information on maritime garbage disposal laws, contact your local state marine/port/ transport authority or
Environment Protection
Maritime Standards Division
Australian Maritime Safety Authority
GPO Box 2181
CANBERRA ACT 2601
Phone: 02 6279 5933
Facsimile: 02 6279 5026
Email: email
You can help
The protection of the marine environment is the responsibility of everybody. Be aware of the threats to our waterways and oceans and of the serious effects pollutants can have on the marine environment.
All illegal discharges of garbage should be reported to the local authorities or to AMSA. Polluters must be held responsible for their actions.
If you witness a vessel polluting, make a report to the local maritime/port/transport authority or through the Rescue Coordination Centre (RCC) in Canberra. Be sure to get the vessel's name or number, the location of the discharge and a description of the type of garbage disposed. Take photographs or collect the garbage if possible. This will be useful for further investigation and possible prosecution of the polluters.
RCC operates 24 hours and can be contacted on:
FREECALL: 1800 641 792
Phone: 02 6230 6811
Facsimile: 02 6230 6868