Protection of the sea conventions and legislation

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 Judgments) Regulations (S.R. No 221 of 1983)

There is no complementary state or territory legislation.

(Also 2003 protocol to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage 1992)

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 (International) 13 October 2009 (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 (1992 Fund) Act 1994
• Protection of the Sea (1992 Fund) Regulations 1994
• Protection of the Sea (Supplementary Fund) Regulations 2009

There is no complementary state or territory legislation.

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 and Territories (except Western Australia) have implemented complementary powers of intervention legislation by including provisions in the acts:

• New South Wales—Marine Pollution Act 2012, section 183
• 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 and Regulations 

(Also 2000 protocol on preparedness, response and co-operation to pollution incidents by hazardous and noxious substances)

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 plans for noxious liquid substances
• the Commonwealth Protection of the Sea (Prevention of Pollution From Ships) Act 1983 (section 22A)

Entry into force: 17 September 2008 (International and Australia).

Implementation

The Commonwealth legislation giving effect to this convention is the Protection of the Sea (Harmful Anti-fouling Systems) Act 2006.

This convention was tabled in parliament at the Joint Standing Committee on Treaties on 8 May 2006. The national interest analysis can be found on the Australian Parliament web site.

Entry into force: 21 November 2008 (international) 16 June 2009 (Australia).

Implementation

The Commonwealth legislation giving effect to this convention is the Protection of the Sea (Civil Liability for Bunker Oil Pollution Damage) Act 2008.

Entry into force: 8 September 2017.

Australia signed on 29 May 2005 and ratified on 7 June 2017.

Implementation

The convention was tabled in Parliament on 13 June 2007.

The convention is implemented in legislation and enforced by the Department of Agriculture and Water Resources.