Protection of the sea conventions and legislation

We coordinate a national pollution prevention and response strategy to protect Australia's marine environment from pollution caused by shipping and related activities.

In accordance with Australia’s responsibilities and policies, we coordinate a national pollution prevention and response strategy to protect Australia's marine environment from pollution caused by shipping and related activities.

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

Commonwealth legislation

The following Commonwealth legislation applies except where a state or territory does not maintain complementary legislation for a specific regulations of the convention:

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

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.

International convention on the establishment of an international fund for compensation for oil pollution damage 1992

(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:

There is no complementary state or territory legislation.

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

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

International Convention on Oil Pollution Preparedness, Response and Cooperation 1990 (OPRC 90)

(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)

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

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.

The International Convention on Civil Liability for Bunker Oil Pollution Damage 2001

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.

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

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.

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Thursday 13 August 2020

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