Pollution of Waters by Oil and Noxious Substances Regulations 2017

Pollution of Waters by Oil and Noxious Substances Regulations 2017

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Pollution of Waters by Oil and Noxious Substances Act 1987 .

4 December 2017

C. WARNER

Governor

By Her Excellency's Command,

ELISE ARCHER

Minister for Environment and Parks

1.   Short title

These regulations may be cited as the Pollution of Waters by Oil and Noxious Substances Regulations 2017 .

2.   Commencement

These regulations take effect on the day on which their making is notified in the Gazette.

3.   Interpretation

(1)  In these regulations –

Act means the Pollution of Waters by Oil and Noxious Substances Act 1987 .

(2)  In these regulations, a reference to a form by number is a reference to the form so numbered in Schedule 1 .

(3)  Unless otherwise specified, an expression that is used in these regulations and in the Convention (whether or not a particular meaning is assigned to it by the Convention) has, in these regulations, the same meaning as in the Convention.

4.   Prescribed office for the purposes of section 3(2)(b) of Act

For the purposes of section 3(2)(b) of the Act, the office of Deputy Secretary of the Department, being the Deputy Secretary responsible for the management of the division of the Department that makes officers and employees available to the Environment Protection Authority in accordance with section 19 of the Environmental Management and Pollution Control Act 1994 , is prescribed as the office for the purposes of sections 8 , 13 , 20 , 25 , 25C , 25F , 25H and 25I of the Act.

5.   Prescribed manner of notifying prescribed officer of incident

For the purposes of section 25I(1) and (3) of the Act, the prescribed manner in which the master of a ship must notify a prescribed officer of an incident in relation to a ship is by a message that –

(a) commences with the code letters "POLREP" and the name, IMO number and radio call-sign of the ship; and

(b) is conveyed to the prescribed officer, using the contact information for the prescribed officer published by the Department, by –

(i) telephone; or

(ii) radio; or

(iii) email.

6.   Prescribed forms for requested report of incident

For the purposes of sections 25I(6) and (7) of the Act –

(a) the prescribed form for a requested report of an incident in relation to a ship is –

(iv) Form 1, if the incident relates to the discharge, or probable discharge, from the ship of oil or an oily mixture contrary to section 8(1) of the Act, other than a discharge to which section 8(6) of the Act applies; and

(v) Form 2, if the incident relates to the discharge, or probable discharge, from the ship of a noxious liquid substance, or a mixture containing a noxious liquid substance, carried as cargo or part cargo in bulk contrary to section 20(1) of the Act, other than a discharge to which section 20(4) , (5) , (6) , (7) , (8) , (9) , (10) , (11) or (12) of the Act applies; and

(vi) Form 3, if the incident relates to the jettisoning, or probable jettisoning, from the ship of a harmful substance carried as cargo in packaged form contrary to section 25C(1) of the Act; and

(vii) Form 4, if the incident relates to the disposal, or probable disposal, of garbage from the ship contrary to section 25F(1) of the Act; and

(b) the prescribed time within which that report must be furnished to a prescribed officer is within 24 hours immediately after the receipt of the request for the report from the prescribed officer.

SCHEDULE 1 - Forms

Form 1 - Oil

Regulation 6

Form 2 - Noxious Liquid Substances

Regulation 6

Form 3 - Packaged Harmful Substances

Regulation 6

Form 4 - Garbage

Regulation 6

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 13 December 2017

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations prescribe, for the purposes of the Pollution of Waters by Oil and Noxious Substances Act 1987  –

(a) the office of a certain Deputy Secretary of the Department as a prescribed officer under that Act; and

(b) notification procedures for certain incidents in relation to a ship; and

(c) the forms of requested reports for certain incidents in relation to a ship.