Protection of the Sea Act 1983 and MARPOL Annexes

Australian implementation of MARPOL

The Protection of the Sea (Prevention of Pollution from Ships) Act 1983 (Cth) incorporates the requirements of the International Convention for the Prevention of Pollution from Ships (MARPOL) into Australian law. Australia is a party to all six MARPOL Annexes, meaning Australian ships and foreign ships operating in Australian waters are subject to these international standards. The Australian Maritime Safety Authority (AMSA) is the primary body responsible for regulating compliance.

The Navigation Act 2012 (Cth) works in conjunction with the 1983 Act, implementing MARPOL requirements through AMSA Marine Orders. This legislative framework aims to prevent pollution of the marine environment from ships, and is often considered alongside other environmental legislation such as the EPBC Act environment protection biodiversity and the Biosecurity Act 2015 overview.

Failure to comply with the Protection of the Sea Act 1983 can result in substantial fines for each offence. AMSA inspectors also have the authority to detain ships that are found to be in breach of MARPOL requirements. State and Northern Territory legislation provides additional regulation of shipping pollution within coastal waters.

The six MARPOL Annexes

The Protection of the Sea Act 1983 incorporates the six technical annexes of the International Convention for the Prevention of Pollution from Ships (MARPOL). These annexes establish international standards to minimise pollution from ships. Australia, as a signatory to MARPOL, implements these standards through national legislation. NGER greenhouse and energy reporting Act 2007 requirements may also intersect with certain MARPOL Annex obligations.

Annex I focuses on preventing pollution from oil, outlining requirements such as double-hull tankers and limitations on oil discharges. Annex II regulates pollution from noxious liquid substances carried in bulk, while Annex III addresses the carriage of harmful substances in packaged form. Ships also must comply with Annex IV, which governs sewage discharge, and Annex V, which regulates garbage disposal, including prohibiting plastics from being discharged overboard.

Finally, Annex VI deals with air pollution prevention from ships, setting limits for sulphur emissions and nitrogen oxides. Compliance with these annexes is essential for ships operating in Australian waters and contributes to the protection of the marine environment.

Oil record books and operational compliance

Ships of 400 gross tonnage and above are required to maintain an Oil Record Book Part I. This record documents engine-room operations, including bunkering and bilge discharges. Oil tankers of 150 gross tonnage and above must also maintain an Oil Record Book Part II, which details cargo and ballast operations. Biosecurity Act 2015 overview

Annex V requirements mandate the use of Garbage Record Books for ships of 100 gross tonnage and above, and for all ships carrying 15 or more persons. These records document garbage management activities.

Failure to maintain accurate oil record book entries, or falsifying those entries, constitutes a serious offence. AMSA and equivalent overseas regulators regularly prosecute such breaches. Ships engaged in international trade must carry an International Oil Pollution Prevention (IOPP) Certificate, which may be inspected by port state control inspectors.

AMSA enforcement and Marine Orders

The Australian Maritime Safety Authority (AMSA) is responsible for enforcing the Protection of the Sea Act 1983 and its relationship to the MARPOL Annexes. AMSA issues Marine Orders that provide technical details for compliance, such as Marine Order 91 relating to marine pollution prevention – oil, for Annex I requirements. These orders clarify how regulations are to be implemented. EPBC environment protection biodiversity considerations also inform AMSA’s actions.

Port state control inspections are conducted to verify that ships are meeting pollution prevention requirements. These inspections examine pollution-prevention equipment, certificates, and entries in oil record books, comparing them to operational records. If deficiencies are found, AMSA has the authority to detain ships until the issues are corrected. This may include failures in the operation of oily water separators or the maintenance of segregated ballast.

Reportable pollution incidents trigger the National Plan for Maritime Environmental Emergencies and require notification to AMSA's Maritime Emergency Response Commander. AMSA works with state environmental regulators and Maritime Safety Queensland to respond to incidents occurring within state waters.