Comply with MARPOL — Protection of the Sea (Prevention of Pollution from Ships) Act 1983
Ship operators must comply with MARPOL Convention implementation.
Who must comply
Masters, owners, charterers, managers and operators of ships in Australian waters, including Australian vessels on overseas voyages, domestic commercial vessels and fishing vessels, and operators of fixed or floating platforms. Record-keeping thresholds depend on tonnage, voyage and passenger numbers.
What triggers it
Operating a vessel or platform that generates oil residues, garbage, sewage or emissions, carrying oil, noxious liquid substances or packaged harmful substances, or being involved in a discharge or probable discharge above permitted MARPOL levels.
When due
Continuously while operating; each discharge, incineration or oil operation is recorded when it occurs. A reportable MARPOL incident is notified to AMSA without delay, and a written pollution report is provided within 24 hours after AMSA asks for it. Garbage record books are kept for 2 years after the last entry and oil record books for 3 years.
Evidence required
Oil record book Parts I and II (paper or approved electronic); garbage management plan and placards where required; garbage record book (mandatory for vessels of 400 GT or more, vessels of 100 GT or more on an overseas voyage, vessels certified to carry 15 or more people on an overseas voyage, and fixed or floating platforms); records of lost fishing gear; MARPOL incident notifications and POLREP reports.
Max penalty
AMSA states there are substantial penalties for MARPOL breaches under the Protection of the Sea (Prevention of Pollution from Ships) Act 1983, and that wrongful discharge of garbage can lead to fines or prosecution under state, territory or federal law depending on where the offence occurs
Summary
The Protection of the Sea (Prevention of Pollution from Ships) Act 1983 (Cth) and AMSA's Marine Orders implement the International Convention for the Prevention of Pollution from Ships (MARPOL), the main international convention on ship-sourced pollution. Discharge requirements cover oil, noxious liquid substances, harmful substances in packaged form, sewage, garbage and air emissions. Annex V prohibits discharging garbage into the sea, with narrow exceptions for ship safety, saving life and accidental loss after reasonable precautions. Vessel operators must keep the records MARPOL requires: oil record books for oil tankers of 150 gross tonnage (GT) or more and all ships of 400 GT or more, and garbage management plans, placards and garbage record books for the vessels and platforms that need them. Certain pollution incidents must be reported to AMSA without delay, and state, territory or Commonwealth officials may inspect vessels for compliance.
Enforced by
Industries
Topics
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Frequently asked questions
- Who must comply with MARPOL — Protection of the Sea (Prevention of Pollution from Ships) Act 1983?
- Masters, owners, charterers, managers and operators of ships in Australian waters, including Australian vessels on overseas voyages, domestic commercial vessels and fishing vessels, and operators of fixed or floating platforms. Record-keeping thresholds depend on tonnage, voyage and passenger numbers.
- What triggers MARPOL — Protection of the Sea (Prevention of Pollution from Ships) Act 1983?
- Operating a vessel or platform that generates oil residues, garbage, sewage or emissions, carrying oil, noxious liquid substances or packaged harmful substances, or being involved in a discharge or probable discharge above permitted MARPOL levels.
- When is MARPOL — Protection of the Sea (Prevention of Pollution from Ships) Act 1983 due?
- Continuously while operating; each discharge, incineration or oil operation is recorded when it occurs. A reportable MARPOL incident is notified to AMSA without delay, and a written pollution report is provided within 24 hours after AMSA asks for it. Garbage record books are kept for 2 years after the last entry and oil record books for 3 years.
- What is the maximum penalty for MARPOL — Protection of the Sea (Prevention of Pollution from Ships) Act 1983?
- AMSA states there are substantial penalties for MARPOL breaches under the Protection of the Sea (Prevention of Pollution from Ships) Act 1983, and that wrongful discharge of garbage can lead to fines or prosecution under state, territory or federal law depending on where the offence occurs
- What evidence is required for MARPOL — Protection of the Sea (Prevention of Pollution from Ships) Act 1983?
- Oil record book Parts I and II (paper or approved electronic); garbage management plan and placards where required; garbage record book (mandatory for vessels of 400 GT or more, vessels of 100 GT or more on an overseas voyage, vessels certified to carry 15 or more people on an overseas voyage, and fixed or floating platforms); records of lost fishing gear; MARPOL incident notifications and POLREP reports.
Source: https://www.amsa.gov.au/marine-environment/marine-pollution. Rules Mate is not a law firm. Always verify against the live regulator source before acting.