Protection of the sea conventions and legislation

The Civil Liability Convention ensures that adequate compensation is available to persons who suffer oil pollution damage resulting from maritime incidents involving oil-carrying ships, even if the ship's insurance is exhausted. 

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 Fund Convention provides funds for compensation when the Civil Liability Convention’s protections aren’t enough to cover the full cost of an incident.

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.

The Intervention Convention affirms the right of a coastal State to take action to prevent, mitigate or eliminate damage from pollution by oil from upon a maritime casualty.

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)

Parties to the OPRC are required to establish measures for dealing with pollution incidents, either nationally or in co-operation with other countries.

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)

The Bunkers Convention was adopted to ensure that adequate, prompt, and effective compensation is available to persons who suffer damage caused by spills of oil, when carried as fuel in ships' bunkers.

Implementation

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

The Ballast Water Management Convention aims to prevent the spread of harmful aquatic organisms from one region to another, by establishing standards and procedures for the management and control of ships' ballast water and sediments.

Implementation

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

The Convention prohibits the use of harmful organotins in anti-fouling paints used on ships and establishes a mechanism to prevent the potential future use of other harmful substances in anti-fouling systems.

Implementation

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

The Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter 1972 (the London Convention).

Also the 1996 Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter 1972, the ‘London Protocol'.

The London Convention and London Protocol aim to take all practicable steps to prevent pollution of the sea by dumping of wastes and other matter by prohibiting the dumping of wastes at sea (with the exception of some wastes which may be dumped if granted a permit).

The convention is implemented in legislation and enforced by the >Department of Agriculture, and Water and the Environment.