Protection of the sea conventions and legislation

Australia is a part of the International Maritime Organization — maritime safety and marine pollution prevention are more effective when carried out internationally.

International conventions and Commonwealth legislation

A global regulation system has been implemented by the International Maritime Organization (IMO) to ensure ships are subject to uniform pollution standards whether they are on the high seas, in territorial waters or in port. Australia is a member of the IMO, because maritime safety and marine pollution prevention are more effective when carried out internationally. 

Australia has ratified the following international conventions, developed by the IMO, dealing specifically with ship-related marine pollution matters. Australia is very active at the IMO, influencing international ship safety, search and rescue protocols and marine environment standards and encouraging their effective implementation, which complements our own compliance regime applied to ships arriving in Australian ports.

Click on the conventions to see how they are implemented in Australian law.

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International Convention on Civil Liability for Oil Pollution Damage 1992 (the Civil Liability Convention)

The International Convention on Civil Liability for Oil Pollution Damage 1992 (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 and places the liability for such damage on the owner of the ship from which the polluting oil escaped or was discharged.

Implementation

The Civil Liability Convention is implemented in legislation and enforced by the Department of Infrastructure, Transport, Regional Development, Communications and the Arts. 

The Commonwealth legislation giving effect to this convention:

You can apply for a Civil Liability Convention Certificate of Insurance using AMSA form 1892.

Apply now

International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage 1992 (The 1992 Fund Convention)

The International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage 1992 (Fund Convention) is supplementary to the Civil Liability Convention and provides funds for compensation when the Civil Liability Convention’s protections aren’t enough to cover the full cost of an incident.

Implementation

The Fund Convention is implemented in legislation and enforced by the Department of Infrastructure, Transport, Regional Development, Communications and the Arts. 

The Commonwealth legislation giving effect to this convention:

The Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties 1969 

The International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties 1969 (Intervention Convention) affirms the right of a coastal State to take such measures on the high seas as may be necessary to prevent, mitigate or eliminate danger to its coastline or related interests from pollution by oil or the threat thereof, following upon a maritime casualty. 

Implementation

The Intervention Convention is implemented in legislation and enforced by the Department of Infrastructure, Transport, Regional Development, Communications and the Arts.  

The Commonwealth legislation giving effect to this convention:

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

International Convention on Oil Pollution Preparedness, Response and Cooperation 1990

The International Convention on Oil Pollution Preparedness, Response and Co-operation 1990 (OPRC Convention) provides a global framework to establish measures for dealing with pollution incidents, either nationally or in co-operation with other countries.

The Protocol on Preparedness, Response and Co-operation to pollution Incidents by Hazardous and Noxious Substances 2000 (OPRC-HNS Protocol) aims to establish national systems for preparedness and response and to provide a global framework for international co-operation in combating major incidents or threats of marine pollution.

The National Plan for Maritime Environmental Emergencies (National Plan) sets out national arrangements, policies and principles for responding to maritime emergencies. This is how federal, state and territory response capabilities work together.

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 International Convention on Civil Liability for Bunker Oil Pollution Damage 2001

The International Convention on Civil Liability for Bunker Oil Pollution Damage 2001 (Bunker Convention) establishes a scheme to provide compensation for pollution damage from bunker or fuel oil from ships when the Civil Liability Convention does not apply.

Implementation

The Bunker Convention is implemented in legislation and enforced by the Department of Infrastructure, Transport, Regional Development, Communications and the Arts. 

The Commonwealth legislation giving effect to this convention:

You can apply for a Bunker Convention Certificate of Insurance using AMSA form 350.

Apply now

International Convention for the Control and Management of Ships’ Ballast Water and Sediments 2004

The International Convention for the Control and Management of Ships' Ballast Water and Sediments 2004 (Ballast Water Management (BWM) Convention) aims to prevent the introduction and spread of marine species into and around Australian waters through biofouling, or in a ship’s ballast water, which can harm fisheries, threaten healthy fish habitats and have widespread economic and health effects.

Implementation

The BWM Convention is implemented in legislation and enforced by the Department of Agriculture, Fisheries and Forestry.

The Commonwealth legislation giving effect to this convention:

International Convention on the Control of Harmful Anti-fouling Systems on Ships 2001

The International Convention on the Control of Harmful Anti-fouling Systems on Ships 2001 (anti-fouling systems (AFS) 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.

Anti-fouling paints are used to inhibit growth of marine organisms to maintain the efficiency of vessels and infrastructure.

Implementation

The AFS Convention is implemented in legislation and enforced by the Department of Infrastructure, Transport, Regional Development, Communications and the Arts. 

The Commonwealth legislation giving effect to this convention:

International Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter 1972

The International Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter 1972 (London Convention) aims to protect the marine environment from human activities. It promotes the effective control of all sources of marine pollution and takes all practicable steps to prevent pollution of the sea by dumping of wastes and other matter.

The London Protocol was agreed to further modernise the Convention and, eventually, replace it. Under the Protocol, all dumping is prohibited, except for possibly acceptable wastes on the so-called "reverse list".

Implementation

The Commonwealth legislation giving effect to this convention:

Waters surrounding Australia's coastlines are protected from waste and pollution dumped at sea by the Sea Dumping Act 1981 which regulates the loading and dumping of waste at sea and the creation of artificial reefs in Australian waters. Australian waters stretch from the low-water mark of the Australian shoreline out to 200 nautical miles (nm). It does not include waters within the limits of a state or territory.

Related information

Last updated: 3 December 2024

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