Version No. 001
Pollution of Waters by Oil and Noxious
Substances Regulations 2012
S.R. No. 7/2012
Version as at
17 February 2012
TABLE OF PROVISIONS
Regulation
Page
PART 1—PRELIMINARY
1
2
3
4
5
1
Objectives
Authorising provisions
Commencement
Revocation
Definitions
1
1
1
2
2
PART 2—POLLUTION BY OIL OR OILY MIXTURES
6
7
8
9
10
11
12
13
Prescribed officers—sections 8 and 10 of the Act
Prescribed manner of notifying a discharge
Prescribed form of report of a discharge
Prescribed time for furnishing report
Oil record book
Prescribed operations and occurrences
Prescribed officers—section 13 of the Act
Exemptions—prescribed classes of ships
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3
3
3
3
4
4
5
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ENDNOTES
6
1. General Information
6
2. Table of Amendments
7
3. Explanatory Details
8
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Version No. 001
Pollution of Waters by Oil and Noxious
Substances Regulations 2012
S.R. No. 7/2012
Version as at
17 February 2012
PART 1—PRELIMINARY
1 Objectives
The objectives of these Regulations are to
prescribe—
(a) the officers to whom, the manner and form in
which, and the time within which a discharge
or probable discharge of oil or an oily
mixture must be notified or reported; and
(b) the operations and occurrences which
necessitate entries being made in a ship's oil
record book, the form of the oil record book
and the officers with whom oil record books
may be deposited; and
(c) exemptions from specified provisions of the
Act and from these Regulations.
2 Authorising provisions
These Regulations are made under sections 30
and 32 of the Pollution of Waters by Oil and
Noxious Substances Act 1986.
3 Commencement
These Regulations come into operation on
17 February 2012.
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Pollution of Waters by Oil and Noxious Substances Regulations 2012
S.R. No. 7/2012
Part 1—Preliminary
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4 Revocation
The Pollution of Waters by Oil and Noxious
Substances Regulations 20021 are revoked.
5 Definitions
In these Regulations—
authorized officer has the same meaning as in the
Environment Protection Act 1970;
Commonwealth Act means the Protection of the
Sea (Prevention of Pollution from Ships) Act
1983 of the Commonwealth;
Marine Orders means Marine Orders—Part 91:
Marine Pollution Prevention—Oil, Issue 5
(Order No. 15 of 2006) made under
section 34 of the Commonwealth Act;
Rescue Coordination Centre means the Rescue
Coordination Centre—Australia, which is
part of the Australian Maritime Safety
Authority established by the Australian
Maritime Safety Authority Act 1990 of the
Commonwealth;
Secretary has the same meaning as in the Marine
Act 1988;
the Act means the Pollution of Waters by Oil
and Noxious Substances Act 1986.
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Pollution of Waters by Oil and Noxious Substances Regulations 2012
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PART 2—POLLUTION BY OIL OR OILY MIXTURES
6 Prescribed officers—sections 8 and 10 of the Act
For the purposes of sections 8 and 10 of the Act,
the Secretary is a prescribed officer.
7 Prescribed manner of notifying a discharge
For the purposes of section 10(1) and (3) of the
Act, an incident is notified in the prescribed
manner if—
(a) it is notified by means of a telephone
message, a radio message, an email or a fax;
and
(b) the message is conveyed through—
(i) any office of the Secretary; or
(ii) the Rescue Coordination Centre; and
(c) the message commences with the code letters
POLREP and the name and radio call sign of
the ship.
8 Prescribed form of report of a discharge
For the purposes of section 10(6) and (7) of the
Act, the prescribed form of report of a discharge is
Form MO—91/2 in the appendix to the Marine
Orders as if that form did not include item X3.
9 Prescribed time for furnishing report
For the purposes of section 10(6) and (7) of the
Act, the period of 24 hours immediately following
receipt of a request for a report is the prescribed
time.
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Pollution of Waters by Oil and Noxious Substances Regulations 2012
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r. 10
10 Oil record book
(1) A ship of a type referred to in section 11(1) of the
Act that is an oil tanker must carry oil record
books of the kind specified in
subregulation (3)(a).
(2) A ship of a type referred to in section 11(1) of the
Act other than an oil tanker must carry an oil
record book of the kind specified in
subregulation (3)(b).
(3) For the purposes of section 11(3) of the Act—
(a) the prescribed form of oil record book for oil
tankers is the form of oil record book set out
in Part I and in Part II of Appendix III to
Annex I of the Convention; and
(b) the prescribed form of oil record book for
ships other than oil tankers is the form of oil
record book set out in Part I of Appendix III
to Annex I of the Convention.
Note
The definition of Convention in the Act, when read with the
definitions of the 1973 Convention and the 1978 Protocol
in the Act, incorporates various amendments to the 1973
Convention and the 1978 Protocol as accepted in Australia
from time to time. Current versions of these forms may be
accessed at www.amsa.gov.au.
11 Prescribed operations and occurrences
(1) For the purposes of section 11(5) of the Act, each
of the operations prescribed by order 10.10.1 of
the Marine Orders is a prescribed operation for a
ship (including an oil tanker).
(2) For the purposes of section 11(5) of the Act, each
of the operations prescribed by order 10.10.2 of
the Marine Orders is a prescribed operation for a
ship that is an oil tanker.
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(3) For the purposes of section 11(5) of the Act, each
of the occurrences prescribed by order 10.10.3 of
the Marine Orders is a prescribed occurrence for a
ship (including an oil tanker).
12 Prescribed officers—section 13 of the Act
For the purposes of section 13 of the Act, an
authorized officer is a prescribed officer.
13 Exemptions—prescribed classes of ships
A ship included in the following classes of ships is
exempt from Division 1 of Part 2 of the Act and
from these Regulations—
(a) ships under the control of the Australian
Defence Force;
(b) warships, naval auxiliaries or other ships
owned or operated by a foreign country and
used, for the time being, only in government
non-commercial service.
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Pollution of Waters by Oil and Noxious Substances Regulations 2012
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Endnotes
ENDNOTES
1. General Information
The Pollution of Waters by Oil and Noxious Substances Regulations 2012,
S.R. No. 7/2012 were made on 14 February 2012 by the Governor in Council
under sections 30 and 32 of the Pollution of Waters by Oil and Noxious
Substances Act 1986, No. 27/1986 and came into operation on 17 February
2012: regulation 3.
The Pollution of Waters by Oil and Noxious Substances Regulations 2012
will sunset 10 years after the day of making on 14 February 2022 (see
section 5 of the Subordinate Legislation Act 1994).
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Endnotes
2. Table of Amendments
There are no amendments made to the Pollution of Waters by Oil and
Noxious Substances Regulations 2012 by statutory rules, subordinate
instruments and Acts.
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Pollution of Waters by Oil and Noxious Substances Regulations 2012
S.R. No. 7/2012
Endnotes
3. Explanatory Details
1
Reg. 4: S.R. No. 11/2002 as amended by S.R. No. 88/2004.
——
Table of Applied, Adopted or Incorporated Matter
The following table of applied, adopted or incorporated matter is included in
accordance with the requirements of regulation 5 of the Subordinate Legislation
Regulations 2004.
Statutory rule
provision
Title of applied, adopted or
incorporated document
Matter in
applied,
adopted or
incorporated
document
Regulation 5
Definition of Marine
Orders
Marine Orders—Part 91:
Marine Pollution
Prevention—Oil, Issue 5
(Order No. 15 of 2006) made
under section 34 of the
Protection of the Sea
(Prevention of Pollution from
Ships) Act 1983 of the
Commonwealth, issued by the
Australian Maritime Safety
Authority on 18 December
2006
The whole
Regulation 8
Marine Orders—Part 91:
Marine Pollution
Prevention—Oil, Issue 5
(Order No. 15 of 2006) made
under section 34 of the
Protection of the Sea
(Prevention of Pollution from
Ships) Act 1983 of the
Commonwealth, issued by the
Australian Maritime Safety
Authority on 18 December
2006
Form MO—
91/2 (except
item X3)
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Pollution of Waters by Oil and Noxious Substances Regulations 2012
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Statutory rule
provision
Title of applied, adopted or
incorporated document
Matter in
applied,
adopted or
incorporated
document
Regulation 11
Marine Orders—Part 91:
Marine Pollution
Prevention—Oil, Issue 5
(Order No. 15 of 2006) made
under section 34 of the
Protection of the Sea
(Prevention of Pollution from
Ships) Act 1983 of the
Commonwealth, issued by the
Australian Maritime Safety
Authority on 18 December
2006
Orders 10.10.1,
10.10.2, 10.10.3
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