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Review of ship safety and pollution prevention measures in the Great Barrier Reef

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ATTACHMENT A

TERMS OF REFERENCE

The review is to provide strategies to address the legal, technical, operational, commercial and indigenous issues involved with implementing the following initiatives to enhance ship safety and marine environment protection in the waters of the Great Barrier Reef region:

Extending the compulsory pilotage area along the Inner Shipping Route to improve ship safety and reduce the risk of ship sourced pollution taking into account the availability of skilled pilots and the possible impact of any changes on fatigue management;

Advancing the introduction of technological developments to track and monitor shipping operations in the Reef;

Enhancing existing ship routeing, traffic management and Emergency Response Division arrangements;

Constraining certain types of ships from operation in the inner Reef, or adjacent to the Reef, having regard to the ship's condition, operational status and nature of its cargo;

Improving legislative powers of intervention and enforcement, heightening the level of offences and penalties, and ordering restitution, to the maximum extent possible under international law.

The review is to present an interim report to the Minister for Transport and Regional Services by 15 December 2000 which is to include the review's recommended strategy to implement the extension of the compulsory pilotage area and progress in considering introduction of the other initiatives. A final report is to be presented by 29 June 2001 providing recommended strategies for carrying forward the other initiatives.¹⁰¹

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ATTACHMENT B

PERSONS AND ORGANISATIONS MAKING SUBMISSIONS

ASP Ship Management
ATSIC Cairns Regional Council/North Qld Land Council
ATSIC Queensland Land and Sea Policy Group
ATSIC Townsville Regional Council
AUSLIG (Australian Surveying and Land Information Group)
Australian Chamber of Shipping Ltd
Australian Customs Service
Australian Defence Force - Chief of Navy
Australian Hydrographic Office
Australian Maritime College
Australian Marine Conservation Society
Australian Marine Pilots Association
Australian Reef Pilots Pty Ltd
Australian Shipowners Association
Captain Cook Cruises NSW Pty Ltd
Carney, Mr CW
Central Queensland Land Council Aboriginal Corporation
Commonwealth Department of Industry Science and Resources
Coral Sea Shipping Lines
Corrie, Mr Shaun
Dalrymple Bay Coal Terminal Pty Ltd
Duelberg, Capt Reini (Coastal Pilot)
Edgcome-Lucas, Capt JF (Coastal Pilot)
Environment Australia
Every Capt Mark (Coastal Pilot)
Foley Capt John (Coastal Pilot)
Ferriby Group of Companies Pty Ltd
Gladstone Economic and Industry Development Board
Gladstone Port Authority
Great Barrier Reef Marine Park Authority
Hart, Capt R (Coastal Pilot)
Holmes, Capt G. (Coastal Pilot)
Hydro Pilots Australia Pty Ltd
Jardine Shipping Pty Ltd
Kingfisher Unmanned Aviation Systems Aust Pty Ltd
Low Isles Preservation Society Inc
Meridian Marine Services Pty Ltd
MIM Holdings Limited
National Bulk Commodities Group/Minerals Council of Australia
North Queensland Conservation Council Inc
North Queensland Land Council Aboriginal Corporation
OMA International Consultants (Capt Sean O'Mahony)
Perrott Salvage and Construction Pty Ltd
Ports Corporation of Queensland
Prout, Ms Shirley
Queensland Alumina Limited
Queensland Department of Primary Industries
Queensland Department of Tourism, Racing and Fair Trading
Queensland Government
Queensland Mining Council
5Queensland Ports Association
Richardson, David (Coastal Pilot)
Rio Tinto Shipping Pty Ltd
Sea Freight Council of Queensland
Sea Pilots Queensland
Sea Swift Pty Ltd
Small, Capt Peter (Coastal Pilot)
Stockings, Capt Peter (Coastal Pilot)
Torres Pilots Pty Ltd
Torres Shire Council
Torres Strait Prawn Entitlement Holders Association Inc
Tourism Task Force Ltd
Tyrrell, Mr Greg
United Salvage Pty Ltd
World Wide Fund for Nature

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ATTACHMENT C

MARINE INCIDENTS IN GREAT BARRIER REEF AND TORRES STRAIT 1985-2000

NAME OF SHIP	FLAG	INCIDENT TYPE	DATE	LOCATION	SHIP LENGTH	SHIP TYPE/CARGO	PILOT
TNT Alltrans	Australia	Grounding	Mar-85	Lady Musgrave Is	189	Bulk/Alumina	No
River Boyne/fv Babirusa	Australia	Collision	Jun-85	Barrow Island	255	Bulk/Bauxite	Yes
Iron Cumberland/fv Saltfjord	Hong Kong*	Collision	Jun-85	Princess Charlotte	190	Bulk/Ballast	Yes
Maritime Gardenia	Liberia	Grounding	Aug-85	Alert Patches	128	Bulk/Wheat	No
fv Dhikarr/Cape Moreton	Australia/ Australia	Collision	Jun-86	Cape Cleveland	74	Fish/Light Tender	No
Mobil Endeavour	Liberia	Grounding	Jul-86	Alert Patches	171	Tanker/Oil	No
Alam Indah	Liberia	Grounding	Sep-86	Chapman Reef	142	Cargo/General	No
Ruca Challenge	Cyprus	Grounding	Apr-87	Piper Reef	80	Bulk/Pot Nitrate	No
River Embley	Australia	Grounding	May-87	Alert Patches	255	Bulk/Bauxite	Yes
Leichhardt	Australia	Grounding	Dec-87	Endeavour Strait	64	Ro/Ro	No
Pacific Ace	Panama	Grounding	Aug-88	Waterwitch Reef	154	Bulk	No
Spartan 11/fv unknown	Panama	Collision	Jan-89	Eel Reef		Supply/300m Tow	No
Adele	Denmark	Grounding	Jun-89	Heath Reef	89	Livestock/Livestock	No
Caraka Jaya Niaga 3	Indonesia	Grounding	Apr-90	Sth Warden Reef	98	Cargo/Ballast	No
Pioneer Tween/fv Elizabeth	Liberia	Collision	Aug-90	Unison Reef	145	Cargo/General	No
Gulf Tide	Australia	Grounding	Jan-91	Endeavour Strait	56	Mother Ship/Oil	No
Jin Shan Hai/fv Kekenni	China	Collision	Jun-91	Sth of Low Isle	176	Bulk/Alumina	No
Jovian Loop	Panama	Grounding	Sep-91	Unison Reef	107	Tanker/Tallow	Yes
Khudozhik Ioganson/fv Zodiac	Russia	Collision	Sep-91	Off Cairns	169	Container/Container	No
TNT Carpentaria	Australia	Grounding	Oct-91	Harrison Reef	225	Bulk/Alumina	Yes
Fareast/fv Ronda Lene	Bahamas	Collision	Dec-92	Middle Reef	144	Bulk/Coal	Yes
ET Ocean 2	Singapore	Grounding	Jun-93	Sunk Reef	60	Supply/Nil	No
Cape Moreton	Australia	Grounding	Mar-93	Mid Reef	74	Light Tender/Nil	No
Darya Kamal	Hong Kong	Grounding	Mar-93	Hammond Rock	188	Bulk/Coal	Yes
Cape Grafton	Australia	Grounding	Jun-94	Dent Island	74	Light Tender/ Nil	No
M Nuri Cerrahoglu	Turkey	Grounding	Nov-94	Larpent Bank	249	Bulk/Coal	Yes
Carola	Germany	Grounding	Mar-95	Sth Ledge Reef	158	Containers	No
Svendborg Guardian	Danish	Grounding	Jun-95	Murdering Point	78	Containers	No
River Embley/fv Bronzewing	Australia/ Australia	Collision	Jul-95	Fitzroy Island	255/17	Ballast	No
Peacock	Panama	Grounding	Jul-96	Piper Reef	125	Ballast	Yes
fv Galaxy/Alam Tenggirri	Australia/ Malaya	Collision	Sep-96	High Peak Is	145	Concentrate	No
fv Nimbus/Maersk Tapah	Australia/ Singapore	Collision	Nov-96	Satellite Reef	226	Coal	Yes
fv Moonshot/Gumbet	Australia/ Turkey	Collision	Dec-96	Off Townsville	225	Ballast	No
River Embley/HMAS Fremantle	Australia/ Australia	Collision	Mar-97	Heath Reef	225/42	Bauxite	Yes
Thebes	Egypt	Grounding	Jun-97	Larpent Bank	188	Light	Yes
Dakshineshwar	India	Grounding	Jul-97	Wednesday Island	189	Coal	Yes
No l Amber	Singapore	Grounding	Nov-97	Larpent Bank		Containers	Yes
New Reach	Panama	Grounding	May-99	Heath Reef		Bulk	Yes
Silver Bin/fv Chinderah Star	Liberia	Collision	Mar-00	Off Cape Direction		Bulk	Yes
Bunga Teratai Satu	Malaysia	Grounding	Nov-00	Sudbury Reef		Containers	No

* Vessel registered in Honk Kong but had Australian Master and crew

fv Fishing vessel

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ATTACHMENT D

LEGISLATIVE POWERS OF INTERVENTION AND ENFORCEMENT

Great Barrier Reef Marine Park Act 1975

Intervention

1. Under the "Access in Special Circumstance" provisions of the Zoning Plans for the Cairns Section, the Central Section, and the Mackay/Capricorn Section of the Great Barrier Reef Marine Park, removal of a vessel that is wrecked, stranded, sunk or abandoned must only be done after notification to GBRMPA and subject to any directions that GBRMPA may impose, as are reasonably necessary for the conservation, protection and preservation of the Marine Park.

2. Section 38D of the Act provides that where, under a zoning plan, a zone may only be used or entered for a particular purpose except after notification to GBRMPA, a person must not intentionally or negligently use or enter the zone for that purpose unless the person has notified GBRMPA that the person proposes to use or enter the zone for that purpose. A contravention of this provision attracts a maximum penalty of 200 penalty units ($22,000) for a natural person and 1,000 penalty units ($110,000) for a body corporate.

3. Sub-regulation 7(1) of the Great Barrier Reef Marine Park Regulations 1983 provides that where a person notifies GBRMPA in accordance with section 38D of the Act that the person proposes to use or enter a zone, GBRMPA may give a direction to the person:

that is in respect of the person's use of, or entry to, the zone; and
that is reasonably necessary for the protection or preservation of the Marine Park or property or things in the Marine Park; and
that does not require the person to remove a vessel etc that is in the Marine Park.

4. A direction given under sub-regulation 7(1) is declared to be a direction to which section 38E of the Act applies (sub-regulation 7(2)).

5. Section 38E provides that a person must not intentionally or negligently contravene a direction given to a person by GBRMPA under the Regulations, being a direction:

that is declared by the Regulations to be a direction to which this section applies;
that is in respect of the person's use of, or entry to, a zone;
that is reasonably necessary for the protection or preservation of the Marine Park or property or things in the Marine Park; and
that does not require the person to remove a vessel etc that is in the Marine Park.

6. A contravention of this provision attracts a maximum penalty of 200 penalty units for a natural person ($22,000) and 1,000 penalty units ($110,000) for a body corporate.

7. For consistency with the "Access in Special Circumstance" provisions of the various zoning plans, GBRMPA proposes that paragraph 7(1)(b) of the Regulations and sub-section 38E(c) of the Act should include the word "conservation"; that is, "reasonably necessary for the conservation, protection, or preservation of the Marine Park". In addition, Section 38D and section 38E of the Act are proposed to be revised with a view to increasing the maximum penalties payable under these provisions to the maximum extent possible under Commonwealth Criminal Law Policy.

8. Regulation 39 provides that GBRMPA may order "the responsible person" (which is broadly defined in sub-regulation 39(6)) to remove property of the kind referred to in paragraph 38H(b) if the property is abandoned, sunk, or wrecked. Section 38H provides that a person must not intentionally or negligently contravene an order requiring the removal of a vessel that is in the Marine Park. Contravention of section 38H attracts a maximum penalty of 200 penalty units ($22,000) for a natural person and 1,000 penalty units ($110,000) for a body corporate (subsection 4B(3) of the Crimes Act 1914).

9. GBRMPA proposes that section 38H of the Act should be revised with a view to increasing the maximum penalties payable under this provision to the maximum extent possible under Commonwealth Criminal Law Policy.

10. Section 38J of the Act is an offence provision in instances where waste is discharged in the Marine Park. Contravention of section 38J attracts a maximum penalty of 2000 penalty units ($22,000) for an individual and 10,000 penalty units ($1.1 million) for a body corporate. This provision also imposes strict liability. Sub-section 38J(5) provides exceptions to the provision in circumstances where:

the discharge was for the purpose of securing the safety of a vessel or for the purpose of saving life at sea; or
the discharge:
was for the purpose of combating specific incidents of pollution in order to minimise the damage from pollution; and
it was approved by a prescribed officer.

11. The term "prescribed officer" has the same meaning as in sub-section 3(2) of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983but includes a person declared by the regulations to be a prescribed officer for the purpose of the section (sub-section 38J(7)). Prescribed officers with authority to approve the use of dispersants etc in the Marine Park, are declared under regulation 5A.

Detention

12. The Great Barrier Reef Marine Park Act 1975 does not provide for detention of a vessel although it does provide for seizure of a vessel. Because of the Commonwealth's potential liability for compensation where a prosecution is not successful, GBRMPA is reluctant to use these seizure powers or at least is reluctant to seize a vehicle for more than seven days (see sub-section 47(3)).

13. An "inspector" (see sections 43 & 44) may seize any vessel that he or she reasonably believes to have been used or otherwise involved in the commission of an offence against the Act and may retain it until the expiration of 60 days after the seizure or, if a prosecution of an offence in the commission of which the vessel may have been used or otherwise involved is instituted within that period, until the prosecution is terminated (sub-section 47(2)).

14. By virtue of sub-section 47(3), where a vessel is seized and retained for a period exceeding 7 days and such vessel was not used or otherwise involved in the commission of an offence, any person who has suffered loss or damage by reason of the seizure is entitled to reasonable compensation.

15. Inspectors appointed by GBRMPA (section 43) or by force of section 44 are members of the Australian Federal Police, have a range of powers to assist with the investigation of suspected contraventions of the Act (sections 45A, 46, 46A, 46B, 46C, 46D, 47, 47A, 47B, 48, 48AA, 48AB, and 48A).

Navigation Act 1912

Intervention

16. The Navigation Act 1912provides for a broad regulation-making power including the imposition of penalties in respect of collisions (ss.258 and 425) which includes:

measures to be observed for the prevention of collisions (s.258(1)); and
provision for giving effect to the Convention on the International Regulations for Preventing Collisions at Sea, 1972 (the Collision Regulations) (s.258(2)).

"Collision" is not defined in the Act or the IMO Collision Regulations. Legal advice indicates that it is unlikely that a grounding of a vessel can be considered to be a "collision" and therefore the Act makes no provision for intervention to a ship grounding incident.

17. The offence provisions have low penalties, for example, under the Collision Regulations,

if the offender is a natural person-by a fine not exceeding $10,000 or imprisonment for a period not exceeding 2 years, or both; or
if the offender is a body corporate-by a fine not exceeding $20,000."

Detention

18. The Act provides for the detention of unseaworthy and standard ships (section 210(1)). Section 207 defines a seaworthy ship as being "in a fit state as to the condition of its hull and equipment, boilers and machinery, stowage of ballast or cargo, number and qualifications of crew including officers and in every respect, to encounter the ordinary perils of the voyage entered upon." This power is relevant where a vessel involved in an incident is unseaworthy but is not expressly directed at addressing maritime pollution incidents.

19. Where a ship is detained under a provision of Part IV (Ships and Shipping) of the Navigation Act 1912 under certain circumstances the owner of the ship is liable to pay AMSA the costs of and incidental to the detention and survey of the ship and those costs are recoverable by AMSA (s.211).

Protection of the Sea (Prevention of Pollution from Ships) Act 1983

Intervention

20. The Protection of the Sea (Prevention of Pollution from Ships) Act 1983 applies in circumstances where actual pollution has occurred and provides no powers to intervene prior to a pollution incident.

Detention

21. The Act provides for the detention of a foreign ship if:

the ship is voluntarily at a port and there are clear grounds for believing that a pollution breach has occurred as a result of acts or omissions in relation to the ship in the territorial sea or the EEZ; or
the ship is in the territorial sea and there are clear grounds for believing that a pollution breach has occurred as a result of acts or omissions in relation to the ship while navigating in the territorial sea; or
the ship is in the territorial sea or the EEZ and there is clear objective evidence that:
- a pollution breach has occurred as a result of acts or omissions in relation to the ship in the EEZ; and
- the actions resulted in a discharge from the ship that has caused or threatens to cause major damage to the coastline of Australia, to related interests of Australia, or to any resources of the territorial sea or the exclusive also provides conditions for immediate release and for security.

Protection of the Sea (Powers of Intervention) Act, 1981

Intervention

22. The Protection of the Sea (Powers of Intervention) Act (s. 10) provides AMSA with powers of intervention in the case of any ship in the Australian coastal sea. The power in section 10 extends also to any ship in internal waters which comes under the Commonwealth's powers under the Navigation Act 1912 and to any Australian ship on the high seas.

23. The power of intervention may be exercised where oil or a noxious substance is escaping, or has escaped, from a ship or AMSA is satisfied that oil or a noxious substance is likely to escape from a ship. The intervention power may be exercised to prevent or reduce the extent of pollution and damage from oil or a noxious substance to Australian waters, any part of the Australian coast or any Australian reef (s.10(2)).

24. The Protection of the Sea (Powers of Intervention) Act 1981 empowers AMSA to take action under the following circumstances:

on the high seas, where there is a grave or imminent threat to the coastline of Australia, or to the related interests of Australia, from pollution or threat of pollution of the sea by oil or other substances which may reasonably be expected to result in major harmful consequences (ss.8 and 9); and
in the Australian coastal sea (ie the Australian territorial sea), or in relation to any Australian ship on the high seas, where oil or a noxious substance is escaping or has escaped or where AMSA is satisfied that such a substance is likely to escape from such a ship (s.10).

25. The power extendsto such measures as AMSA considers necessary" (s.10(2)). The measures that AMSA may take are wide-ranging and listed non-exhaustively (s.10(3)). The Act provides for an offence of contravention or non-compliance with a direction under the Act, with a penalty not exceeding, in the case of a person $20,000; and in the case of a body corporate $50,000.

26. The Minister and AMSA "shall" exercise their powers under section 10 in accordance with principles set down in s.10(4). These principles state, inter alia, that measures taken under the Act shall not unnecessarily interfere with the rights and interests of other countries, and of any persons, likely to be affected by the measures (s.10(4)(d)).

Detention

27. The Act does not provide explicitly for a detention power but does provide that AMSA may "take over control of the ship or part of the ship" in the circumstances set out in Section 10 of the Act.

QUEENSLAND LEGISLATION

Transport Operations (Marine Pollution) Act 1994

Intervention

28. The Transport Operations (Marine Pollution) Act 1994 contains emergency powers inPart 12 Division 6.

to discharges from ships that happen, or are taken to happen, in the first three nautical miles of the territorial sea (ie Queensland coastal waters) (s.11(3)); and
to the discharge or probable discharge of pollutant (s.92), with pollutant defined as a harmful substance under the MARPOL definition, and includes oil.

29. The Act states that Queensland has the principal responsibility for directing and coordinating the response to a discharge or probable discharge of pollutant into costal waters (s.93(2)). The Queensland Minister for Transport may by emergency declaration overrule a local law (se.94).

30. The Act provides for extensive powers for an authorised officer appointed under the Act (s.95(1)), provided that the authorised officer is satisfied on reasonable grounds that:

a discharge of pollutant into coastal waters has happened, or is likely to happen; and
urgent action is necessary to prevent or minimise the discharge and its effect on Queensland's marine and coastal environment.

31. The authorised officer's wide range of powers is set out non-exhaustively in s.95. These include directing any person to take stated action within a stated period of time or taking action "to remove, destroy or disperse a discharged pollutant" (s.95(3)(a)).

32. The Queensland powers of intervention are set out in Part 12 Division 7 of the Act. The power of intervention applies if: "the chief executive (of Queensland Transport) is satisfied, following a maritime casualty or acts related to a maritime casualty, that there is grave and imminent danger to the Queensland coastline, or to related Queensland interests, from the discharge or threat of discharge of pollutant into coastal waters that may reasonably be expected to result in major harmful consequences" (s.98). A maritime casualty includes "a collision of ships, stranding or other incident of navigation" (s.97).

33. The Queensland Minister for Transport and Chief Executive of Queensland Transport must satisfy certain conditions in relation to the exercise of power under section 98 (subsection 98(5 )) but some of these conditions do not apply if the power to intervene must be exercised urgently (s.100.(1).

Detention

34. Both the Transport Operations (Marine Safety) Act 1994and the Transport Operations (Marine Pollution) Act 1995 include the power to detain ships.

35. The Transport Operations (Marine Pollution) Act 1995provides that an inspector may seize a ship: "if the inspector believes, on reasonable grounds, the . ship . is evidence of the commission of an offence" against the Act (s.168). An offence against the Act includes causing a ship to be operated unsafely (s.3). The procedures to be followed after a ship is seized under this provision, including conditions for its return, are set out in s.170.

36. The Act also makes provision for a regulation providing that a ship may also be detained if a penalty payable by the owner or master has not been paid (s.216 (1)(b)). The Transport Operations (Marine Safety) Regulation 1995does not appear to contain such a Regulation.

37. The Transport Operations (Marine Pollution) Act provides for a power to detain a ship "if the officer has clear grounds for believing a discharge offence has happened because of acts or omissions in relation to the ship in coastal waters" (s.84). A "discharge offence" for the purposes of this Section is an actual discharge (s. 84(6)) except in the case of oil residues where a "discharge offence" is committed "if any oil residues that cannot be discharged from a ship without contravening section 26(1) [a discharge] are not retained on board the ship while the ship is in coastal waters".

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ATTACHMENT E

LEGISLATIVE PENALTIES AND OFFENCES

Commonwealth Legislation

Navigation Act 1912

1. The Navigation Act 1912 provides, in respect of collisions, for a regulation-making power which extends to the high seas and the territorial sea of Australia (s.258(2A)). It provides for penalties under the Regulations as follows (s.258(7)):

if the offender is a natural person-by a fine not exceeding $10,000 or imprisonment for a period not exceeding 2 years, or both; or
if the offender is a body corporate-by a fine not exceeding $20,000."

2. The Navigation Act 1912does not provide for any other relevant penalties. There is no provision in the Navigation Act 1912 that covers the grounding of vessel or the negligent operation of a vessel within the Commonwealth's jurisdiction.

Protection of the Sea (Powers of Intervention) Act 1981

3. The Protection of the Sea (Powers of Intervention) Act 1981provides for an offence of contravention or non-compliance with a direction under the Act, with a penalty not exceeding, in the case of a person $20,000; and in the case of a body corporate $50,000.

Protection of the Sea (Prevention of Pollution from Ships) Act 1983

4. The Protection of the Sea (Prevention of Pollution from Ships) Act 1983 provides for penalties for the principal offences under the Act (i.e. actual discharges) of a fine on a person not exceeding $20,000 or on a body corporate not exceeding $100,000 (s.28(4)). The Act provides for penalties for lesser offences (eg refusing to disclose information to an inspector) of fines not exceeding $8,000 for a person or $40,000 for a body corporate (s.28(3)).

5. The Act also provides a regulation-making power (s.33) prescribing penalties, not exceeding:

in the case of an individual-a fine of $2,000 or imprisonment for one year; or
in the case of a body corporate-a fine of $5,000;

for a contravention of, or failure to comply with, a provision of the regulations or of any of the orders made under section 34 [providing for the making of orders under the Act]."

6. The only relevant Regulation provides for a penalty of 20 penalty units or (for a body corporate) 50 penalty units for the contravention of a provision of an order made under Section 34 of the Act that is expressed to be a penal provision.

Great Barrier Reef Marine Park Act 1975

7. The Great Barrier Reef Marine Park Act 1975 provides that if by use of a vessel, aircraft or platform, an offence is committed against section 38J and a "responsible person" knew, or had reasonable grounds to suspect, the the vessel, aircraft or platform would be used in committing the offence and did not take reasonable steps to prevent the use of the vessel, aircraft or platform in committing the offence, is guilty of an indictable offence punishable on conviction by a fine of not more than 2000 penalty units(38L). A "responsible person" includes the master, the person in charge of the vessel, the owner, co-owner or the operator of the vessel (38L). During the review penalties for intention or negligent discharge of waste were increased to $1.1 million under section 38J.

8. During the period of the review, a number of initiatives were implemented to improve the offence provisions under the Great Barrier Reef Marine Park Act 1975, including introduction of new provisions to prohibit:

A person to use or enter a zone for a purpose other than a purpose permitted under the relevant Zoning Plan. This is provision imposes strict liability;
A ship to operating in a zone where a ship is not permitted to be operated under the relevant Zoning Plan. This is a two-tiered offence where the first tier provides for a maximum penalty of $1.1 million and the second tier imposing strict liability;
A ship operating in a Zone without permission of GBRMPA where such permission is required under the relevant Zoning Plan. This is a two-tiered offence where the first tier provides for a maximum penalty of $1.1 million and the second tier imposing strict liability;
A person operating a ship contrary to the conditions of a permission. Maximum penalty being $1.1 million.
A person to negligently operating a vessel in the Great Barrier Reef Marine Park in circumstances where that operation results in, or is likely to result in, damage to the Marine Park. This is a two-tiered offence where the first tier provides for a maximum penalty of $1.1 million and the second tier imposing strict liability;

Queensland legislation

9. The Transport Operations (Marine Safety) Act 1995provides for a penalty of 300 penalty units or imprisonment for one year for a person involved in a ship's operation who causes a ship to be operated unsafely (section 43(1)).

10. The Transport Operations (Marine Pollution) Act 1995 provides for penalties of a maximum of 3,500 penalty points for the discharge of oil, noxious liquid substances and harmful substances (ss.26(1), 35(1) and 42.(1). It provides for defences that the discharge did not result from intentional damage and all reasonable precautions were taken to prevent or minimise the discharge of the relevant pollutant. The Act also provides for lesser penalties for the discharge of sewage and garbage (ss.47(1) and 55(1)).

11. Under the Penalties and Sentences Act 1992 (Queensland),the court may impose both a fine and imprisonment where an Act provides for either a fine or imprisonment, and the court may impose on a body corporate a fine of five times the maximum fine which could be imposed on an individual.

12. The Marine Parks Regulations 1990provide that a person must not discharge any waste in a Marine Park (s.20) or without permission abandon any vessel in a Marine Park (s.24). The penalty for contravening or failing to comply with these or other provisions of the Regulations is 100 penalty points (s.42).

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ATTACHMENT F

LEGISLATIVE POWERS OF RESTITUTION AND RECOVERY OF COSTS

Queensland Legislation

Transport Operations (Marine Safety) Act

1. The Transport Operations (Marine Pollution) Act provides that the State or a port authority may recover discharge expenses as a debt (s.122). Discharge expenses are defined in s.111, including

The reasonable expenses incurred by the State or a port authority in rehabilitation or restoring Queensland's marine and coastal environment (s.111(a)(iv); and
The reasonable costs and expenses of exercise of emergency or intervention powers under Part 12 Divisions 6 and 7 of the Act (s.111(a)(v).

2. The Chief Executive of Queensland Transport must release a detained ship if a security or guarantee is given to cover the State's discharge expenses and/or the port authority's discharge expenses, the likely penalty for the discharge offence, and interest on the discharge expenses (s.113).

3. The Act also provides for a court

to order a person to pay the State or a port authority the amount they could have recovered under s.122; and
to take stated action to rehabilitate or restore Queensland's marine and coastal environment (s.127).

Commonwealth Legislation

Navigation Act 1912

4. The Navigation Act 1912provides that, where a ship is detained under a provision of Part IV (Ships and Shipping), in certain circumstances the owner of the ship is liable to pay AMSA the costs of and incidental to the detention and survey of the ship and those costs are recoverable by AMSA (s.211).

Protection of the Sea (Pollution from Ships) Act 1983

5. The Protection of the Sea (Pollution from Ships) Act 1983 provides that where AMSA has detained a ship, it must release it if security is provided equivalent to the maximum amount of all penalties, other amounts of money, costs and expenses that could be payable by the master and owner of the ship in respect of the pollution breach (s.27A(4)). There does not appear to be an explicit provision of the Act allowing for recovery but the reference to "costs and expenses" would cover a court order for recovery of costs.

Protection of the Sea (Civil Liability) Act 1981

13. The Protection of the Sea (Civil Liability) Act 1981implements the International Convention on Civil Liability for Oil Pollution Damage. The Act provides for the recovery of compensation in the event in the event of oil pollution damage (s.9), including recovery of loss by AMSA suffered or incurred in preventing or mitigating pollution damage (s.22A). The Act also provides for penalties in the case of failure to carry insurance certificates (Section 15). The amounts recoverable are limited by the terms of the Convention which, inter alia, state that:

The Convention applies exclusively to pollution damage caused on the territory or territorial sea of a Contracting State and to preventive measures taken to prevent or minimise such damage (Article II)
The liability of the owner of a ship is limited in respect of any one incident to 210 million francs (the franc is a specified gold unit) (Article V)
Any claim against the owner has to be met from the specified amount (Article VI).

Great Barrier Reef Marine Park Act 1975

14. The Great Barrier Reef Marine Park Act 1975provides for restoration of the environment, where the Commonwealth Minister for the Environment and Heritage (or his/her delegate - sub-section 61A(3)) believes that an act or omission constitutes an offence against the GBRMP Act, the Minister may cause to be taken such steps as the Minister thinks proper:

to repair or remedy any condition arising from that act or omission;
to mitigate any damage arising from that act or omission; or
to prevent any damage likely to arise from that act or omission (sub-section 61A(1)).

The term "mitigate", in relation to damage, includes prevent further damage (sub-section 3(1)).

15. Where the Minister believes that an act or omission constitutes an offence against section 38H (that is, where a person upon whom an order for removal has been served intentionally or negligently contravenes an order relating to the removal of a vessel), the Minister may cause to be taken such steps as the Minister thinks proper:

to remove that vessel;
to repair or remedy any condition arising from that removal;
to mitigate any damage arising from that removal; or
to prevent any damage likely to arise from that removal (sub-section 61A(2)).

16. Section 38H provides that a person must not intentionally or negligently contravene an order requiring the removal of a vessel that is in the Marine Park. Regulation 39 provides that the Authority may order "the responsible person" (which is broadly defined in sub-regulation 39(6)) to remove property of the kind referred to in paragraph 38H(b) if the property is abandoned, sunk, or wrecked. Contravention of section 38H attracts a maximum penalty of 200 penalty units ($22,000) for a natural person and 1,000 penalty units ($110,000) for a body corporate.

17. GBRMPA considers that subregulation 39(1)(b) should be amended to include the word "stranded" to ensure consistency with the Special Circumstance provisions of the Zoning Plans, and broaden generally the circumstances in which the provision can apply. It also believes the penalty under section 38H should be revised with a view to increasing the maximum penalty to the greatest extent possible under Commonwealth Criminal Law Policy.

18. The Act provides that, where a person has been convicted of an offence against the GBRMP Act; and the Commonwealth or GBRMPA has incurred expenses or other liabilities in relation to:

if the offence is an ancillary offence - rectifying the act or omission constituting the primary offence to which the ancillary offence relates; or
in any other case - rectifying the act or omission constituting the offence;

The person convicted is liable to pay to the Commonwealth or to GBRMPA, as the case requires, an amount equal to the total amount of those expenses and liabilities of the Commonwealth or the Authority (sub-section 61B(1)).

19. The amount under section 61B may be recovered as a debt to the Commonwealth or GBRMPA (sub-section 61B(4)), or where a person is convicted of an offence against the GBRMP Act the court, in addition to any penalty, may order the person to pay the amount that the person is liable to pay under this section (sub-section 61B(5)).

20. The reference to "rectifying an act or omission constituting an offence against this Act" expressly includes (see sub-section 61B(9)):

in the case of an offence against section 38H in relation to an order relating to the removal of a vessel etc - to the taking of steps:
to remove that vessel etc;
to repair or remedy any condition arising from that removal;
to mitigate any damage arising from that removal; or
to prevent any damage likely to arise from that removal; and
in all cases - to the taking of steps:
to repair or remedy any condition arising from that act or omission;
to mitigate any damage arising from that act or omission; or
to prevent any damage likely to arise from that act or omission.

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ATTACHMENT G

LEGISLATION GOVERNING RESPONSE TO A SHIPPING INCIDENT

Queensland Coastal Waters (3 nautical miles)	Australian territorial sea (12 nautical miles)	Australian Exclusive Economic Zone (200 nautical miles)	High Seas
SHIPPING INCIDENT WITH NO OIL SPILL AND NO REAL RISK OF OIL SPILL
Transport Operations (Marine Safety) Act 1994 Section 11(1): Applies to all ships on interstate and overseas voyages while in Queensland waters Section 30: Imposes general obligations for safety on ship's master and crew. Section 43: Imposes obligation on a person involved with operation of a ship not to operate it unsafely. Navigation Act 1912 Section 2: Applies to trading ships on interstate and overseas voyages and fishing and fishing support vessels on overseas voyages. Section 258: Requires measures to be observed for prevention of collisions. Section 210: Provides for detention of unseaworthy and substandard ships Great Barrier Reef Marine Park Act 1975 Section 38A: Prohibits person intentionally or negligently using or entering a Zone in the Marine Park for a purpose other than one permitted under Zoning Plan. Section 38D: Prohibits a person intentionally or negligently using or entering a Zone for a particular purpose where, under a zoning plan, a Zone may only be used or entered for that particular purpose. Section 38E: Prohibits a person intentionally or negligently contravening a direction given by GBRMPA under its regulations.	Navigation Act 1912 Section 2: Applies to trading ships on interstate and overseas voyages, fishing and fishing support vessels on overseas voyages, offshore industry mobile units and offshore vessels. Section 258: Requires measures to be observed for prevention of collisions. Great Barrier Reef Marine Park Act 1975 Section 38A: Prohibits person intentionally or negligently using or entering a Zone in the Marine Park for a purpose other than one permitted under Zoning Plan. Section 38D: Prohibits a person intentionally or negligently using or entering a Zone for a particular purpose where, under a zoning plan, a Zone may only be used or entered for that particular purpose. Section 38E: Prohibits a person intentionally or negligently contravening a direction given by GBRMPA under its regulations.	Navigation Act 1912 Section 2: Applies to trading ships on interstate and overseas voyages, fishing and fishing support vessels on overseas voyages, offshore industry mobile units and offshore vessels. Section 258: Requires measures to be observed for prevention of collisions. Great Barrier Reef Marine Park Act 1975 Section 38A: Prohibits person intentionally or negligently using or entering a Zone in the Marine Park for a purpose other than one permitted under Zoning Plan. Section 38D: Prohibits a person intentionally or negligently using or entering a Zone for a particular purpose where, under a Zoning Plan, a Zone may only be used or entered for that particular purpose. Section 38E: Prohibits a person intentionally or negligently contravening a direction given by GBRMPA under its regulations.

Queensland Coastal Waters

(3 nautical miles)

Australian territorial sea

(12 nautical miles)

Australian Exclusive Economic Zone

(200 nautical miles)

High Seas

SHIPPING INCIDENT WITH NO OIL SPILL AND NO REAL RISK OF OIL SPILL

Transport Operations (Marine Safety) Act 1994

Section 11(1): Applies to all ships on interstate and overseas voyages while in Queensland waters

Section 30: Imposes general obligations for safety on ship's master and crew.

Section 43: Imposes obligation on a person involved with operation of a ship not to operate it unsafely.

Navigation Act 1912

Section 2: Applies to trading ships on interstate and overseas voyages and fishing and fishing support vessels on overseas voyages.

Section 258: Requires measures to be observed for prevention of collisions.

Section 210: Provides for detention of unseaworthy and substandard ships

Great Barrier Reef Marine Park Act 1975

Section 38A: Prohibits person intentionally or negligently using or entering a Zone in the Marine Park for a purpose other than one permitted under Zoning Plan.

Section 38D: Prohibits a person intentionally or negligently using or entering a Zone for a particular purpose where, under a zoning plan, a Zone may only be used or entered for that particular purpose.

Section 38E: Prohibits a person intentionally or negligently contravening a direction given by GBRMPA under its regulations.

Navigation Act 1912

Section 2: Applies to trading ships on interstate and overseas voyages, fishing and fishing support vessels on overseas voyages, offshore industry mobile units and offshore vessels.

Section 258: Requires measures to be observed for prevention of collisions.

Great Barrier Reef Marine Park Act 1975

Section 38A: Prohibits person intentionally or negligently using or entering a Zone in the Marine Park for a purpose other than one permitted under Zoning Plan.

Section 38E: Prohibits a person intentionally or negligently contravening a direction given by GBRMPA under its regulations.

Navigation Act 1912

Section 2: Applies to trading ships on interstate and overseas voyages, fishing and fishing support vessels on overseas voyages, offshore industry mobile units and offshore vessels.

Section 258: Requires measures to be observed for prevention of collisions.

Great Barrier Reef Marine Park Act 1975

Section 38A: Prohibits person intentionally or negligently using or entering a Zone in the Marine Park for a purpose other than one permitted under Zoning Plan.

Section 38D: Prohibits a person intentionally or negligently using or entering a Zone for a particular purpose where, under a Zoning Plan, a Zone may only be used or entered for that particular purpose.

Section 38E: Prohibits a person intentionally or negligently contravening a direction given by GBRMPA under its regulations.

Queensland Coastal Waters (3 nautical miles)	Australian territorial sea (12 nautical miles)	Australian Exclusive Economic Zone (200 nautical miles)	High Seas
Shipping incident with a real likelihood of oil spill
Transport Operations (Marine Pollution) Act 1995 Section 11: Applies to discharges or threat of discharge from ship occurring in first 3 nautical miles of territorial sea. Section 3: Gives power to deal with shipping casualties that are polluting, or threatening to pollute coastal waters and gives effect to MARPOL. Part 12: Provides for investigation, prevention, minimisation, and enforcement action. Section 92: Provides for response action to probable discharge of pollutant into coastal waters. Section 98: Provides power of intervention if grave or imminent danger to Queensland coastline, or related Queensland interests, from threat of pollutant discharge into coastal waters that may reasonably be expected to result in major harmful consequences. Great Barrier Reef Marine Park Act 1975 Section 38A: Prohibits person intentionally or negligently using or entering a Zone for a purpose other than one permitted under Zoning Plan. Section 38D: Prohibits a person intentionally or negligently using or entering a Zone for a particular purpose where, under a zoning plan, a Zone may only be used or entered for that particular purpose. Section 38E: Prohibits a person intentionally or negligently contravening a direction given by GBRMPA under its regulations.	Protection of the Sea (Powers of Intervention) Act 1981 Section 10: Applies in Australian coastal waters (ie territorial sea) or any Australian ship on the high seas where oil or noxious substance is escaping or has escaped or where satisfied that it is likely to escape from such ship. Minister or AMSA shall act in accordance with principles which, inter alia, will not unnecessarily interfere with rights and interests of other countries and of any persons likely to be affected by the measures. Great Barrier Reef Marine Park Act 1975 Section 38A: Prohibits person intentionally or negligently using or entering a Zone for a purpose other than one permitted under Zoning Plan. Section 38D: Prohibits a person intentionally or negligently using or entering a Zone for a particular purpose where, under a zoning plan, a Zone may only be used or entered for that particular purpose. Section 38E: Prohibits a person intentionally or negligently contravening a direction given by GBRMPA under its regulations	Great Barrier Reef Marine Park Act 1975 Section 38A: Prohibits person intentionally or negligently using or entering a Zone in the Marine Park for a purpose other than one permitted under Zoning Plan. Section 38D: Prohibits a person intentionally or negligently using or entering a Zone for a particular purpose where, under a Zoning Plan, a Zone may only be used or entered for that particular purpose. Section 38E: Prohibits a person intentionally or negligently contravening a direction given by GBRMPA under its regulations	Protection of the Sea (Powers of Intervention) Act 1981 Sections 8 and 9: Applies on the high seas, where there is a grave and imminent threat to the coastline of Australia, or to the related interest of Australia, from pollution or threat of pollution on the sea by oil or other substances which may reasonably e expected to result in major harmful consequences. Minister or AMSA shall act in accordance with principles which, inter alia, will not unnecessarily interfere with rights and interests of other countries and of any persons likely to be affected by the measures.

Queensland Coastal Waters

(3 nautical miles)

Australian territorial sea

(12 nautical miles)

Australian Exclusive Economic Zone

(200 nautical miles)

High Seas

Shipping incident with a real likelihood of oil spill

Transport Operations (Marine Pollution) Act 1995

Section 11: Applies to discharges or threat of discharge from ship occurring in first 3 nautical miles of territorial sea.

Section 3: Gives power to deal with shipping casualties that are polluting, or threatening to pollute coastal waters and gives effect to MARPOL.

Part 12: Provides for investigation, prevention, minimisation, and enforcement action.

Section 92: Provides for response action to probable discharge of pollutant into coastal waters.

Section 98: Provides power of intervention if grave or imminent danger to Queensland coastline, or related Queensland interests, from threat of pollutant discharge into coastal waters that may reasonably be expected to result in major harmful consequences.

Great Barrier Reef Marine Park Act 1975

Section 38A: Prohibits person intentionally or negligently using or entering a Zone for a purpose other than one permitted under Zoning Plan.

Section 38E: Prohibits a person intentionally or negligently contravening a direction given by GBRMPA under its regulations.

Protection of the Sea (Powers of Intervention) Act 1981

Section 10: Applies in Australian coastal waters (ie territorial sea) or any Australian ship on the high seas where oil or noxious substance is escaping or has escaped or where satisfied that it is likely to escape from such ship.

Minister or AMSA shall act in accordance with principles which, inter alia, will not unnecessarily interfere with rights and interests of other countries and of any persons likely to be affected by the measures.

Great Barrier Reef Marine Park Act 1975

Section 38A: Prohibits person intentionally or negligently using or entering a Zone for a purpose other than one permitted under Zoning Plan.

Section 38E: Prohibits a person intentionally or negligently contravening a direction given by GBRMPA under its regulations

Great Barrier Reef Marine Park Act 1975

Section 38A: Prohibits person intentionally or negligently using or entering a Zone in the Marine Park for a purpose other than one permitted under Zoning Plan.

Section 38E: Prohibits a person intentionally or negligently contravening a direction given by GBRMPA under its regulations

Protection of the Sea (Powers of Intervention) Act 1981

Sections 8 and 9: Applies on the high seas, where there is a grave and imminent threat to the coastline of Australia, or to the related interest of Australia, from pollution or threat of pollution on the sea by oil or other substances which may reasonably e expected to result in major harmful consequences.

Queensland Coastal Waters (3 nautical miles)	Australian territorial sea (12 nautical miles)	Australian Exclusive Economic Zone (200 nautical miles)	High Seas
Shipping incident involving oil spill
Transport Operations (Marine Pollution) Act 1994 Section 11: Applies to discharges or threat of discharge from ship occurring in first 3 nautical miles of territorial sea. Section 3: Gives power to deal with shipping casualties that are polluting, or threatening to pollute coastal waters and gives effect to MARPOL. Part 12: Provides for investigation, prevention, minimisation, and enforcement action. Section 92: Provides for response action to discharge of pollutant into coastal waters. Sections 96 and 98: Provides penalties when a direction of an authorised officer is not complied with and for similar offences. Section 98: Provides power of intervention if grave or imminent danger to Queensland coastline, or related Queensland interests, from threat of pollutant discharge into coastal waters that may reasonably be expected to result in major harmful consequences.	Protection of the Sea (Powers of Intervention) Act 1981 Section 10: Applies in Australian coastal waters (ie territorial sea) or to any Australian ship on the high seas where oil or noxious substance is escaping or has escaped or where satisfied that it is likely to escape from such a ship. Minister or AMSA shall act in accordance with principles which, inter alia, will not unnecessarily interfere with rights and interests of other countries and of any persons likely to be affected by the measures. Protection of the Sea (Prevention of Pollution) from Ships 1983 Section 27A: Provides for detention of a foreign ship in the territorial sea and there are clear grounds for believing that a pollution breach has occurred as a result of acts or omissions in relation to the ship while navigating in the territorial sea. Transport Operations (Marine Pollution) Act 1994 Section 3: Gives power to deal with shipping casualties that are polluting, or threatening to pollute coastal waters and gives effect to MARPOL.	Protection of the Sea (Prevention of Pollution) from Ships 1983 Section 27A: Provides for detention of a foreign ship in the Australian EEZ if clear objective evidence that a pollution breach occurred as a result of acts or omissions in relation to the ship in the EEZ and the actions resulted in a discharge from the ship that caused or threatens to cause major damage to the Australian coastline, to related Australian interests or to any resources of the territorial sea or EEZ. Great Barrier Reef Marine Park Act 1975 Section 38A: Prohibits person intentionally or negligently using or entering a Zone in the Marine Park for a purpose other than one permitted under Zoning Plan. Section 38D: Prohibits a person intentionally or negligently using or entering a Zone for a particular purpose where, under a zoning plan, a Zone may only be used or entered for that particular purpose. Section 38E: Prohibits a person intentionally or negligently contravening a direction given by GBRMPA under its regulations.	Protection of the Sea (Powers of Intervention) Act 1981 Sections 8 and 9: Applies on the high seas, where there is a grave and imminent threat to the coastline of Australia, or to the related interest of Australia, from pollution or threat of pollution on the sea by oil or other substances which may reasonably e expected to result in major harmful consequences. Minister or AMSA shall act in accordance with principles which, inter alia, will not unnecessarily interfere with rights and interests of other countries and of any persons likely to be affected by the measures.
Queensland Coastal Waters (3 nautical miles)	Australian territorial sea (12 nautical miles)	Australian Exclusive Economic Zone (200 nautical miles)	High Seas
Shipping incident involving oil spill (cont.)
Great Barrier Reef Marine Park Act 1975 Section 38A: Prohibits person intentionally or negligently using or entering a Zone in the Marine Park for a purpose other than one permitted under Zoning Plan. Section 38D: Prohibits a person intentionally or negligently using or entering a Zone for a particular purpose where, under a Zoning Plan, a Zone may only be used or entered for that particular purpose. Section 38E: Prohibits a person intentionally or negligently contravening a direction given by GBRMPA under its regulations. Section 38L: Provides for an offence to intentionally or negligently discharge waste from a vessel in the Marine Park. Section 38J: Waste includes oil within the meaning of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983	Transport Operations (Marine Pollution) Act 1994 (cont) Part 12: Provides for investigation, prevention, minimisation, and enforcement action. Section 92: Provides for response action to discharge of pollutant into coastal waters. Sections 96 and 98: Provides penalties when a direction of an authorised officer is not complied with and similar offences. Section 98: Provides power of intervention if grave or imminent danger to Queensland coastline, or related Queensland interests, from threat of pollutant discharge into coastal waters that may reasonably be expected to result in major harmful consequences. Great Barrier Reef Marine Park Act 1975 Section 38A: Prohibits person intentionally or negligently using or entering a Zone in the Marine Park for a purpose other than one permitted under Zoning Plan. Section 38D: Prohibits a person intentionally or negligently using or entering a Zone for a particular purpose where, under a Zoning Plan, a Zone may only be used or entered for that particular purpose. Section 38E: Prohibits a person intentionally or negligently contravening a direction given by GBRMPA under its regulations. Section 38L: Provides for an offence to intentionally or negligently discharge waste from a vessel in the Marine Park. Section 38J: Waste includes oil within meaning of Protection of the Sea (Prevention of Pollution from Ships) Act 1983.	Great Barrier Reef Marine Park Act 1975 (Cont) Section 38L: Provides for an offence to intentionally or negligently discharge waste from a vessel in the Marine Park. Section 38J: Waste includes oil within the meaning of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983

Queensland Coastal Waters (3 nautical miles)

Australian territorial sea

(12 nautical miles)

Australian Exclusive Economic Zone

(200 nautical miles)

High Seas

Shipping incident involving oil spill

Transport Operations (Marine Pollution) Act 1994

Section 11: Applies to discharges or threat of discharge from ship occurring in first 3 nautical miles of territorial sea.

Section 3: Gives power to deal with shipping casualties that are polluting, or threatening to pollute coastal waters and gives effect to MARPOL.

Part 12: Provides for investigation, prevention, minimisation, and enforcement action.

Section 92: Provides for response action to discharge of pollutant into coastal waters.

Sections 96 and 98: Provides penalties when a direction of an authorised officer is not complied with and for similar offences.

Protection of the Sea (Powers of Intervention) Act 1981

Section 10: Applies in Australian coastal waters (ie territorial sea) or to any Australian ship on the high seas where oil or noxious substance is escaping or has escaped or where satisfied that it is likely to escape from such a ship.

Protection of the Sea (Prevention of Pollution) from Ships 1983

Section 27A: Provides for detention of a foreign ship in the territorial sea and there are clear grounds for believing that a pollution breach has occurred as a result of acts or omissions in relation to the ship while navigating in the territorial sea.

Transport Operations (Marine Pollution) Act 1994

Section 3: Gives power to deal with shipping casualties that are polluting, or threatening to pollute coastal waters and gives effect to MARPOL.

Protection of the Sea (Prevention of Pollution) from Ships 1983

Section 27A: Provides for detention of a foreign ship in the Australian EEZ if clear objective evidence that a pollution breach occurred as a result of acts or omissions in relation to the ship in the EEZ and the actions resulted in a discharge from the ship that caused or threatens to cause major damage to the Australian coastline, to related Australian interests or to any resources of the territorial sea or EEZ.

Great Barrier Reef Marine Park Act 1975

Section 38A: Prohibits person intentionally or negligently using or entering a Zone in the Marine Park for a purpose other than one permitted under Zoning Plan.

Section 38E: Prohibits a person intentionally or negligently contravening a direction given by GBRMPA under its regulations.

Protection of the Sea (Powers of Intervention) Act 1981

Queensland Coastal Waters (3 nautical miles)

Australian territorial sea

(12 nautical miles)

Australian Exclusive Economic Zone

(200 nautical miles)

High Seas

Shipping incident involving oil spill (cont.)

Great Barrier Reef Marine Park Act 1975

Section 38A: Prohibits person intentionally or negligently using or entering a Zone in the Marine Park for a purpose other than one permitted under Zoning Plan.

Section 38E: Prohibits a person intentionally or negligently contravening a direction given by GBRMPA under its regulations.

Section 38L: Provides for an offence to intentionally or negligently discharge waste from a vessel in the Marine Park.

Section 38J: Waste includes oil within the meaning of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983

Transport Operations (Marine Pollution) Act 1994 (cont)

Part 12: Provides for investigation, prevention, minimisation, and enforcement action.

Section 92: Provides for response action to discharge of pollutant into coastal waters.

Sections 96 and 98: Provides penalties when a direction of an authorised officer is not complied with and similar offences.

Great Barrier Reef Marine Park Act 1975

Section 38A: Prohibits person intentionally or negligently using or entering a Zone in the Marine Park for a purpose other than one permitted under Zoning Plan.

Section 38E: Prohibits a person intentionally or negligently contravening a direction given by GBRMPA under its regulations.

Section 38L: Provides for an offence to intentionally or negligently discharge waste from a vessel in the Marine Park.

Section 38J: Waste includes oil within meaning of Protection of the Sea (Prevention of Pollution from Ships) Act 1983.

Great Barrier Reef Marine Park Act 1975 (Cont)

Section 38L: Provides for an offence to intentionally or negligently discharge waste from a vessel in the Marine Park.

Section 38J: Waste includes oil within the meaning of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983

¹⁰¹ The Minister for Transport and Regional Services subsequently agreed to an extension of the reporting date to the end of July 2001 to allow for further consultations with indigenous communities in northern Queensland.

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last updated: 4 September 2001