Who must comply with MARPOL — Protection of the Sea (Prevention of Pollution from Ships)?

Ship operators must comply with MARPOL Convention implementation.

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.

Applies when the business has industry: Maritime & ports.

How the regulator frames it: 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.

Jurisdiction: Commonwealth law, so the test is the same in every state and territory.

Outcome across the 35 industries Rules Mate maps (1 of 35: yes; 34 of 35: no).

Structure does not change the answer in maritime & ports: for every structure the answer is "yes".

Size does not change the answer in maritime & ports: at every size band the answer is "yes".

Each line is one run of the Rules Mate applicability engine for a single business profile, with the reason the engine gives:

• Pty Ltd company in maritime & ports with 6–19 employees, turnover $1M–$3M: applies. Industry: Maritime & ports.
• Pty Ltd company in real estate agents with 6–19 employees, turnover $1M–$3M: does not apply. Requires industry: Maritime & ports.

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.

Frequency

Ongoing

Evidence to keep

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.

Status

Current

Priority

Critical

Maximum 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.

Rules Mate has not yet classified the audit or assurance level for this obligation. Any audit, review or certification requirement is set by the regulator source listed below.

If this obligation applies to you, so does this one: the engine uses the same rule for each.

• Survey + certify Domestic Commercial Vessels (DCV)

Rules Mate tracks 2 published obligations tagged "maritime", 1 of them rated critical. For a professional services Pty Ltd company with 6–19 employees operating in every state, 0 of those apply outright. This obligation is rated critical priority and carries criminal liability, and is an ongoing duty.

Regulated by Australian Maritime Safety Authority.

AMSA: Maritime safety and ship registration regulator.

• Australian Maritime Safety Authority

Free tools that help with this obligation:

• Compliance calendar builder