Protection of the Sea (Powers of Intervention) Act 1981
Act No. 33 of 1981 as amended
This compilation was prepared on 3 March 2010
taking into account amendments up to Act No. 8 of 2010
The text of any of those amendments not in force
on that date is appended in the Notes section
The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section
Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra
Contents
1 Short title [see Note 1]
2 Commencement [see Note 1]
3 Interpretation
4 Act to bind Crown
5 Relationship to other laws
6 Operation of Act
7 Delegation
8 Taking of measures to prevent pollution of sea by oil—maritime casualty on the high seas
9 Taking of measures to prevent pollution of sea by substances other than oil—maritime casualty on the high seas
10 Taking of measures to prevent pollution of sea by oil or noxious substances—general powers
11 Directions under Act may require taking of action etc.
12 Addressing of directions under Act etc.
13 Issuing of more than one direction in relation to a ship
14 Directions under Act to ship or tangible asset with more than one owner etc.
15 Revocation and variation of directions under Act
16 Directions under Act to be in writing
17 Service of directions under Act
17A Liability for acts and omissions
17B Expenses of compliance with certain directions under Act may be recovered from owner of ship
18 Change in ownership or master of ship, or change in ownership of tangible asset
19 Contravention of direction under Act etc.
20 No time limit for prosecution
21 Evidence
22 Compensation for acquisition of property
23 Regulations
Schedule 1—International Convention relating to Intervention on the High Seas in Cases of Oil Pollution Casualties
Schedule 2—Protocol relating to Intervention on the High Seas in Cases of Pollution by substances other than Oil, 1973
Schedule 3—Resolution MEPC.49(31)
Schedule 4—Resolution MEPC. 72(38) by Marine Environment Protection Committee
Notes
An Act authorizing the Commonwealth to take measures for the purpose of protecting the sea from pollution by oil and other noxious substances discharged from ships, and for related purposes
This Act may be cited as the Protection of the Sea (Powers of Intervention) Act 1981.
(1) This Act shall come into operation on a date to be fixed by Proclamation.
(2) The date fixed under subsection (1) shall not be a date earlier than the date on which the International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties comes into force for Australia.
(1) In this Act, unless the contrary intention appears:
aircraft means any machine or craft that can derive support in the atmosphere from the reactions of the air.
Australia includes the external Territories.
Australian coastal sea means:
(a) the territorial sea of Australia; and
(b) the sea on the landward side of the territorial sea of Australia and not within the limits of a State or the Northern Territory.
Australian ship means:
(a) a ship registered in Australia; or
(b) an unregistered ship having Australian nationality.
Authority means the Australian Maritime Safety Authority established by the Australian Maritime Safety Authority Act 1990.
cargo includes ballast and ship’s stores and fuel.
civil proceeding includes a civil action.
constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.
controller of a tangible asset means:
(a) in the case of land, seabed or premises—the occupier of the land, seabed or premises; or
(b) in the case of a facility, structure or installation—the person in charge of the facility, structure or installation; or
(c) in the case of goods—the person in control or possession of the goods.
Convention means the International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties (a copy of the English text of which is set forth in Schedule 1), as amended from time to time.
direction under this Act means a direction under paragraph 8(2)(b), 9(2)(b) or 10(3)(b) or a further direction under section 15.
electronic communication has the same meaning as in the Electronic Transactions Act 1999.
engage in conduct has the same meaning as in the Criminal Code.
exclusive economic zone has the same meaning as in the Seas and Submerged Lands Act 1973.
goods has the same meaning as in the Trade Practices Act 1974.
high seas means all parts of the sea to which Part VII of the UN Convention on the Law of the Sea applies.
Note: Article 86 of the UN Convention on the Law of the Sea provides that the provisions of Part VII of the Convention apply to “all parts of the sea that are not included in the exclusive economic zone, in the territorial sea or in the internal waters of a State, or in the archipelagic waters of an archipelagic State”.
internal waters means waters of the sea within the limits of a State or the Northern Territory. For this purpose, sea includes any waters within the ebb and flow of the tide.
master, in relation to a ship, means the person having command or charge of the ship.
owner, in relation to a ship that is operated by a person (not being the owner of the ship) who has whole possession and control of the ship, means the operator of the ship.
Protocol means the Protocol Relating to Intervention on the High Seas in Cases of Pollution by Substances other than Oil, 1973 (being the Protocol a copy of whose English text is set out in Schedule 2), as affected by the following resolutions of the Marine Environment Protection Committee of the International Maritime Organization revising the list of substances to be annexed to the Protocol:
(a) the resolution adopted on 4 July 1991 (being the resolution a copy of whose English text is set out in Schedule 3);
(b) the resolution adopted on 10 July 1996 (being the resolution a copy of whose English text is set out in Schedule 4);
and as amended from time to time.
services has the same meaning as in the Trade Practices Act 1974, and includes services provided by an employee.
ship:
(a) when used in relation to a matter arising under, or relating to, section 8 or 9—has the same meaning as in the Convention; or
(b) when used in relation to a matter arising under, or relating to, section 10—has the same meaning as in the Navigation Act 1912.
supply has the same meaning as in the Trade Practices Act 1974.
tangible asset means:
(a) land or seabed; or
(b) premises; or
(c) a facility; or
(d) a structure; or
(e) an installation; or
(f) any of the following goods:
(i) a vessel;
(ii) an aircraft;
(iii) a vehicle;
(iv) an item of equipment or machinery;
(v) a tool;
(vi) any other article.
territorial sea has the same meaning as in the Seas and Submerged Lands Act 1973.
UN Convention on the Law of the Sea means the United Nations Convention on the Law of the Sea done at Montego Bay on 10 December 1982.
Note: The text of the Convention is set out in Australian Treaty Series 1994 No. 31. In 2006, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).
(2) It is hereby declared to be the intention of the Parliament that the provisions of this Act that relate to the Protocol shall have full force and effect whether or not the Protocol has entered into force.
(1) This Act binds the Crown in right of the Commonwealth, of each of the States, of the Northern Territory and of Norfolk Island.
(2) Nothing in this Act renders the Commonwealth, the Authority or a State or Territory liable to be prosecuted for an offence.
(3) Subsection (2) does not affect any liability of an employee or agent of the Commonwealth, the Authority or a State or Territory to be prosecuted for an offence.
State/Territory laws
(1) This Act is not intended to exclude or limit the operation of a law of a State or Territory to the extent that the law is capable of operating concurrently with this Act.
(1A) A direction under this Act prevails over a direction (however described) under a law of a State or Territory to the extent of any inconsistency.
(1B) Subsection (1A) does not, by implication, limit:
(a) the application of section 109 of the Constitution to a law of a State; or
(b) the application of the corresponding principle to a law of a Territory.
Commonwealth laws
(1C) A direction under this Act prevails over a direction (however described) under another Act to the extent of any inconsistency, unless the other Act:
(a) is enacted after the commencement of this subsection; and
(b) refers specifically to a direction under this Act.
(2) Nothing in the Historic Shipwrecks Act 1976 affects the operation of this Act.
This Act applies both within and outside Australia and extends to every external Territory.
The Minister may, by writing signed by him or her, delegate to a person any of his or her powers under this Act.
Note: See sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901.
8 Taking of measures to prevent pollution of sea by oil—maritime casualty on the high seas
(1) Where the Authority is satisfied that, following upon a maritime casualty on the high seas or acts related to such a casualty, there is grave and imminent danger to the coastline of Australia, or to the related interests of Australia, from pollution or threat of pollution of the sea by oil which may reasonably be expected to result in major harmful consequences, the Authority may take such measures, whether on the high seas or elsewhere, as it considers necessary to prevent, mitigate or eliminate the danger.
(2) Without limiting the generality of subsection (1), the measures that the Authority may take under this section in relation to the ship, or any of the ships, involved in the maritime casualty include:
(a) the taking of action, whether or not directions have been issued under paragraph (b) in relation to the ship:
(i) to move the ship or part of the ship to another place;
(ii) to remove cargo from the ship;
(iii) to salvage the ship, part of the ship or any of the ship’s cargo;
(iv) to sink or destroy the ship or part of the ship;
(v) to sink, destroy or discharge into the sea any of the ship’s cargo; or
(vi) to take over control of the ship or part of the ship; or
(b) the issuing of directions of the kind authorized by section 11:
(i) to the owner of the ship;
(ii) to the master of the ship; or
(iii) to any salvor in possession of the ship; or
(iv) to any other person.
(2A) The Authority must not exercise its powers under subparagraph (2)(a)(iv) without the approval of the Minister.
(2B) Without limiting subparagraph (2)(b)(iv), a direction under that subparagraph may be issued to:
(a) the owner of any other ship; or
(b) the master of any other ship; or
(c) the owner of a tangible asset; or
(d) the controller of a tangible asset; or
(e) the supplier of goods; or
(f) a person to whom goods are being, or are proposed to be, supplied; or
(g) the supplier of a service; or
(h) a person to whom a service is being, or is proposed to be, supplied.
(2C) The Authority must not issue a direction under subparagraph (2)(b)(iv) to the owner or master of another ship unless the other ship is:
(a) in internal waters; or
(b) in the Australian coastal sea; or
(c) in the exclusive economic zone of Australia; or
(d) an Australian ship.
(3) This section does not authorize the taking of measures against a warship or other ship owned or operated by a foreign State and used, for the time being, only on government non‑commercial service.
(4) The Minister and the Authority shall, in and in relation to the exercise of powers under this section, act in accordance with Articles III and V of the Convention. For this purpose, those Articles are taken to extend to the taking of measures under this section elsewhere than on the high seas.
(5) This section shall not be construed as limiting or otherwise affecting any right or power that the Commonwealth may have, whether under international law, under this Act or otherwise, apart from this section.
(6) An expression (other than high seas) that is used in this section (other than paragraph (2B)(c), (d), (e), (f), (g) or (h) or (2C)(a), (b), (c) or (d)) and in the Convention (whether or not a particular meaning is assigned to it by the Convention) has, in this section, the same meaning as in the Convention.
(7) A direction under this Act is taken to relate to a ship involved in a maritime casualty referred to in subsection (1) even if the direction is issued under subparagraph (2)(b)(iv).
(1) Where the Authority is satisfied that, following upon a maritime casualty on the high seas or acts related to such a casualty, there is grave and imminent danger to the coastline of Australia, or to the related interests of Australia, from pollution or threat of pollution of the sea by substances other than oil which may reasonably be expected to result in major harmful consequences, the Authority may take such measures, whether on the high seas or elsewhere, as it considers necessary to prevent, mitigate or eliminate the danger.
(2) Without limiting the generality of subsection (1), the measures that the Authority may take under this section in relation to the ship, or any of the ships, involved in the maritime casualty include:
(a) the taking of action, whether or not directions have been issued under paragraph (b) in relation to the ship:
(i) to move the ship or part of the ship to another place;
(ii) to remove cargo from the ship;
(iii) to salvage the ship, part of the ship or any of the ship’s cargo;
(iv) to sink or destroy the ship or part of the ship;
(v) to sink, destroy or discharge into the sea any of the ship’s cargo; or
(vi) to take over control of the ship or part of the ship; or
(b) the issuing of directions of the kind authorized by section 11:
(i) to the owner of the ship;
(ii) to the master of the ship; or
(iii) to any salvor in possession of the ship; or
(iv) to any other person.
(2A) The Authority must not exercise its powers under subparagraph (2)(a)(iv) without the approval of the Minister.
(2B) Without limiting subparagraph (2)(b)(iv), a direction under that subparagraph may be issued to:
(a) the owner of any other ship; or
(b) the master of any other ship; or
(c) the owner of a tangible asset; or
(d) the controller of a tangible asset; or
(e) the supplier of goods; or
(f) a person to whom goods are being, or are proposed to be, supplied; or
(g) the supplier of a service; or
(h) a person to whom a service is being, or is proposed to be, supplied.
(2C) The Authority must not issue a direction under subparagraph (2)(b)(iv) to the owner or master of another ship unless the other ship is:
(a) in internal waters; or
(b) in the Australian coastal sea; or
(c) in the exclusive economic zone of Australia; or
(d) an Australian ship.
(3) This section does not authorize the taking of measures against a warship or other ship owned or operated by a foreign State and used, for the time being, only on government non‑commercial service.
(4) The Minister and the Authority shall, in and in relation to the exercise of powers under this section, act in accordance with Articles III and V of the Convention as applying by virtue of Article II of the Protocol or, if the Protocol has not entered into force, in accordance with those Articles of the Convention as they would apply by virtue of that Article of the Protocol if the Protocol had entered into force. For this purpose, those Articles of the Convention as applying by virtue of Article II of the Protocol are taken to extend to the taking of measures under this section elsewhere than on the high seas.
(5) This section shall not be construed as limiting or otherwise affecting any right or power that the Commonwealth may have, whether under international law, under this Act or otherwise, apart from this section.
(6) Where an expression (other than high seas) is used in this section (other than paragraph (2B)(c), (d), (e), (f), (g) or (h) or (2C)(a), (b), (c) or (d)):
(a) if the expression is also used in the Protocol (whether or not a particular meaning is assigned to it by the Protocol)—the expression has, in this section, the same meaning as in the Protocol; or
(b) subject to paragraph (a), if the expression is also used in the provisions of the Convention referred to in paragraph 1 of Article II of the Protocol (whether or not a particular meaning is assigned to it by the Convention)—the expression has, in this section, the same meaning as in the Convention.
(7) A direction under this Act is taken to relate to a ship involved in a maritime casualty referred to in subsection (1) even if the direction is issued under subparagraph (2)(b)(iv).
10 Taking of measures to prevent pollution of sea by oil or noxious substances—general powers
(1) This section (other than subsections (3B) and (3C)) applies in relation to:
(a) any ship in internal waters, where:
(i) the ship is a ship in relation to which Australia has relevant international rights or obligations, whether arising under an international convention, treaty or otherwise; or
(ii) the ship is engaged in trade or commerce between Australia and a place or places outside Australia; or
(iii) the ship is engaged in trade or commerce between 2 places outside Australia; or
(iv) the ship is engaged in trade or commerce among the States; or
(v) the ship is engaged in trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or
(vi) the ship is engaged in operations incidental to trade or commerce referred to in subparagraph (ii), (iii), (iv) or (v); or
(vii) the ship is owned, operated, managed or controlled by a constitutional corporation; or
(viii) the ship is demised or sub‑demised to, or in the exclusive possession of, a constitutional corporation; or
(ix) the beneficial interest in the ship is vested in a constitutional corporation; and
(b) any ship in the Australian coastal sea; and
(ba) any ship in the exclusive economic zone of Australia; and
(c) any Australian ship on the high seas.
(2) Where oil or a noxious substance is escaping, or has escaped, from a ship in relation to which this section applies, or the Authority is satisfied that oil or a noxious substance is likely to escape from such a ship, the Authority may, subject to subsection (4), take such measures as it considers necessary:
(a) to prevent, or reduce the extent of, the pollution or likely pollution, by the oil or noxious substance, of any Australian waters, any part of the Australian coast or any Australian reef;
(b) to prevent damage, or reduce the extent, or likely extent, of damage, to any of the related interests of Australia by reason of the pollution, or likely pollution, of the sea by the oil or noxious substance;
(c) to protect any Australian waters, any part of the Australian coast or any Australian reef from pollution or likely pollution by the oil or noxious substance;
(d) to protect any other related interests of Australia from damage by reason of the pollution, or likely pollution, of the sea by the oil or noxious substance; or
(e) in a case where the oil or noxious substance has escaped—to remove or reduce the effects, or likely effects, of pollution or likely pollution, by the oil or noxious substance, on any Australian waters, any part of the Australian coast, any Australian reef or any of the related interests of Australia.
(3) Without limiting the generality of subsection (2), the measures that the Authority may take under this section in relation to the ship include:
(a) the taking of action, whether or not directions have been issued under paragraph (b) in relation to the ship:
(i) to move the ship or part of the ship to another place;
(ii) to remove cargo from the ship;
(iii) to salvage the ship, part of the ship or any of the ship’s cargo;
(iv) to sink or destroy the ship or part of the ship;
(v) to sink, destroy or discharge into the sea any of the ship’s cargo; or
(vi) to take over control of the ship or part of the ship; or
(b) the issuing of directions of the kind authorized by section 11:
(i) to the owner of the ship;
(ii) to the master of the ship; or
(iii) to any salvor in possession of the ship; or
(iv) to any other person.
(3A) The Authority must not exercise its powers under subparagraph (3)(a)(iv) without the approval of the Minister.
(3B) Without limiting subparagraph (3)(b)(iv), a direction under that subparagraph may be issued to:
(a) the owner of any other ship; or
(b) the master of any other ship; or
(c) the owner of a tangible asset; or
(d) the controller of a tangible asset; or
(e) the supplier of goods; or
(f) a person to whom goods are being, or are proposed to be, supplied; or
(g) the supplier of a service; or
(h) a person to whom a service is being, or is proposed to be, supplied.
(3C) The Authority must not issue a direction under subparagraph (3)(b)(iv) to the owner or master of another ship unless the other ship is:
(a) in internal waters; or
(b) in the Australian coastal sea; or
(c) in the exclusive economic zone of Australia; or
(d) an Australian ship.
(4) The Minister and the Authority shall, in the exercise of powers under this section, act in accordance with the following principles:
(a) measures taken under this section shall be in proportion to the damage, whether actual or threatened, in relation to which the measures are taken;
(b) in determining whether measures are in proportion to the damage in relation to which the measures are taken, regard shall be had to:
(i) the extent and probability of imminent damage if the measures are not taken;
(ii) the likelihood of those measures being effective; and
(iii) the extent of the damage which may be caused by the measures;
(c) measures taken under this section shall not exceed those reasonably necessary to achieve the end sought to be achieved by the measures and shall cease as soon as that end has been achieved;
(d) measures taken under this section shall not unnecessarily interfere with the rights and interests of other countries, and of any persons, likely to be affected by the measures;
(e) in taking measures under this section, any risk to human life shall, as far as possible, be avoided.
(5) Where oil or a noxious substance is being, has been or is likely to be, discharged, intentionally or otherwise, from a ship, the discharge or likely discharge of the oil or noxious substance from the ship shall, for the purposes of this section, be deemed to be an escape or likely escape of the oil or noxious substance, as the case may be, from the ship.
(6) A direction under this Act is taken to relate to a ship referred to in subsection (2) even if the direction was issued under subparagraph (3)(b)(iv).
(8) In this section:
Australian coast includes the coast and the shores of any island forming part of Australia and the shores of any internal waters.
Australian reef means a reef in Australian waters or a reef outside Australian waters but forming part of the continental shelf of Australia.
Australian ship means:
(a) a ship registered in Australia; or
(b) an unregistered ship having Australian nationality.
Australian waters means the Australian coastal sea and internal waters.
continental shelf has the same meaning as in the Seas and Submerged Lands Act 1973.
noxious substance means a substance other than oil.
oil means crude oil, fuel oil, diesel oil and lubricating oil.
related interests of Australia, in relation to an escape or likely escape of oil or a noxious substance from a ship, means the interests of Australia directly affected or threatened by the escape or likely escape and, without limiting the generality of the foregoing, includes any of the following interests of Australia:
(a) maritime coastal, port or estuarine activities, including fisheries activities, in or connected with Australia, being activities constituting an essential means of livelihood of persons;
(b) the tourist attractions of any part of Australia; and
(c) the health of the coastal population of, and the well‑being of, any area of Australia, including the conservation of living marine resources and of wildlife in or connected with any area of Australia.
sea includes any waters within the ebb and flow of the tide.
substance other than oil has the same meaning as in the Protocol.
11 Directions under Act may require taking of action etc.
(1) A direction under this Act issued in relation to a ship (the first ship) covered by either of the following paragraphs:
(aa) a ship involved in a maritime casualty referred to in subsection 8(1) or 9(1);
(ab) a ship referred to in subsection 10(2);
may require the doing of any act or thing with respect to the first ship or the first ship’s cargo, or prohibit the doing of any such act or thing and, without limiting the generality of the foregoing, may:
(a) require or prohibit the movement of the first ship or part of the first ship, its movement to a place or area or its removal from a place or area; or
(b) require or prohibit the removal of cargo from the first ship; or
(c) require or prohibit the taking of salvage measures in relation to the first ship, part of the first ship or any of the first ship’s cargo; or
(d) require or prohibit the sinking or destruction of the first ship or part of the first ship; or
(e) require or prohibit the sinking, destruction or discharging into the sea of any of the first ship’s cargo; or
(f) require or prohibit the handing over of control of the first ship or part of the first ship; or
(g) require another ship to be made available for purposes in connection with unloading, receiving, treating, storing or disposing of any of the first ship’s cargo; or
(h) require another ship to be made available for purposes in connection with repairing, piloting, towing, berthing or securing the first ship; or
(i) require:
(i) the movement of another ship; or
(ii) the removal of another ship from a place or area;
where the movement or removal facilitates unloading, receiving, treating, storing or disposing of any of the first ship’s cargo; or
(j) require:
(i) the movement of another ship; or
(ii) the removal of another ship from a place or area;
where the movement or removal facilitates repairing, piloting, towing, berthing or securing the first ship; or
(k) prohibit:
(i) the movement of another ship; or
(ii) the removal of another ship from a place or area;
where the movement or removal is likely to impede or interfere with unloading, receiving, treating, storing or disposing of any of the first ship’s cargo; or
(l) prohibit:
(i) the movement of another ship; or
(ii) the removal of another ship from a place or area;
where the movement or removal is likely to impede or interfere with repairing, piloting, towing, berthing or securing the first ship; or
(m) require a tangible asset (other than a ship) to be made available for purposes in connection with unloading, receiving, treating, storing or disposing of any of the first ship’s cargo; or
(n) require a tangible asset (other than a ship) to be made available for purposes in connection with repairing, piloting, towing, berthing or securing the first ship; or
(o) require:
(i) the movement of a tangible asset (other than a ship); or
(ii) the removal of a tangible asset (other than a ship) from a place or area;
where the movement or removal facilitates unloading, receiving, treating, storing or disposing of any of the first ship’s cargo; or
(p) require:
(i) the movement of a tangible asset (other than a ship); or
(ii) the removal of a tangible asset (other than a ship) from a place or area;
where the movement or removal facilitates repairing, piloting, towing, berthing or securing the first ship; or
(q) prohibit:
(i) the movement of a tangible asset (other than a ship); or
(ii) the removal of a tangible asset (other than a ship) from a place or area;
where the movement or removal is likely to impede or interfere with unloading, receiving, treating, storing or disposing of any of the first ship’s cargo; or
(r) prohibit:
(i) the movement of a tangible asset (other than a ship); or
(ii) the removal of a tangible asset (other than a ship) from a place or area;
where the movement or removal is likely to impede or interfere with repairing, piloting, towing, berthing or securing the first ship; or
(s) require a specified place to be treated as a place of refuge for the first ship; or
(t) require the supply of services by way of, or in connection with:
(i) unloading, receiving, treating, storing or disposing of any of the first ship’s cargo; or
(ii) repairing, piloting, towing, berthing or securing the first ship; or
(u) require the temporary release of contractual obligations, where the fulfilment of those obligations is likely to impede or interfere with the carrying out of any other direction under this Act that relates to the first ship.
(1A) The Authority must not issue a direction under paragraph (1)(d) without the approval of the Minister.
(2) Without limiting the generality of subsection (1), a direction under this Act may:
(a) require that an act or thing be done in accordance with the direction, or with the approval, or in accordance with the instructions, of a specified person; or
(b) prohibit the doing of an act or thing except in accordance with the direction, or with the approval, or in accordance with the instructions, of a specified person.
12 Addressing of directions under Act etc.
A direction under this Act:
(a) in the case of a direction to the owner of a ship—may be addressed to the owner of the ship without specifying the name of the owner or any of the owners of the ship; or
(b) in the case of a direction to the master of a ship—may be addressed to the master of the ship without specifying him or her by name; or
(c) in the case of a direction to the salvor in possession of a ship—may be addressed to the salvor in possession of the ship without specifying him or her by name; or
(d) in the case of a direction to the owner of a tangible asset (other than a ship)—may be addressed to the owner of the tangible asset without specifying the name of the owner, or any of the owners, of the tangible asset; or
(e) in the case of a direction to the controller of a tangible asset (other than a ship)—may be addressed to the controller of the tangible asset without specifying the name of the controller, or any of the controllers, of the tangible asset.
13 Issuing of more than one direction in relation to a ship
Nothing in this Act shall be taken to prevent the issuing (whether to the same person or to different persons) of more than one direction under this Act, or under a provision of this Act, in relation to a ship.
14 Directions under Act to ship or tangible asset with more than one owner etc.
(1) Where there is more than one owner of a ship or more than one salvor in possession of a ship, a direction under this Act issued to the owner of the ship or to the salvor in possession of the ship has effect, for the purposes of this Act, as a direction issued to each of the owners of the ship or each salvor in possession of the ship, as the case requires.
(2) If there is more than one owner of a tangible asset (other than a ship), a direction under this Act issued to the owner of the tangible asset has effect, for the purposes of this Act, as a direction issued to each of the owners of the tangible asset.
(3) If there is more than one controller of a tangible asset (other than a ship), a direction under this Act issued to the controller of the tangible asset has effect, for the purposes of this Act, as a direction issued to each of the controllers of the tangible asset.
15 Revocation and variation of directions under Act
Where the Authority has issued a direction under this Act to a person or to 2 or more persons, the Authority may, by a further direction issued to that person or those persons, revoke or vary the earlier direction.
16 Directions under Act to be in writing
A direction under this Act shall be in writing.
17 Service of directions under Act
Service of directions on the owner, master or salvor of a ship
(1) A direction under this Act to any of the following persons:
(a) the owner of a ship;
(b) the master of a ship;
(c) the salvor in possession of a ship;
is to be served on the person in accordance with subsections (2) to (7) and, for the purposes of section 19, is taken to have been issued to the person at the time when it is served on the person in accordance with subsections (2) to (7).
(2) Service of a direction under this Act on the owner or the owners of a ship may be effected:
(a) by serving it personally on the owner or on all or any of the owners, as the case may be, of the ship or, if an owner who is to be served is a body corporate, on a director, secretary or other officer of the body coporate;
(b) by serving it personally on any agent of the ship or, if an agent who is to be served is a body corporate, on a director, secretary or other officer of the body corporate; or
(c) by serving it on the master of the ship.
(3) Where there is more than one owner of a ship, a direction under this Act that is served on any of the owners of the ship shall be deemed, for the purposes of this Act, to be served on all those owners.
(4) Service of a direction under this Act on the master of a ship may be effected by serving it personally on the master of the ship or, if for any reason (including the absence of the master from the ship) it is not practicable to serve the notice on the master, by delivering it to any person on board the ship who appears to be an officer of the ship.
(5) Service of a direction under this Act on a salvor in possession of a ship may be effected by serving it personally on the person who appears to be in charge of salvage operations.
(6) Where it is not reasonably practicable to serve a direction under this Act in accordance with the preceding provisions of this section, the direction shall be deemed to have been served on the person or persons to whom it is issued if the contents are transmitted to the ship concerned by any means and receipt of the transmission is acknowledged by a person on board the ship.
(7) A person authorized in writing by the Authority for the purposes of this section may go on board a ship for the purpose of serving a direction under this Act on a person on board the ship.
Service of directions on persons other than the owner, master or salvor of a ship
(8) A direction under this Act to a person other than:
(a) the owner of a ship; or
(b) the master of a ship; or
(c) the salvor in possession of a ship;
is to be served on the person in accordance with subsection (9) or (10) and, for the purposes of section 19, is taken to have been issued to the person:
(d) if paragraph (9)(d) applies—at the time when it is served on the person in accordance with section 28A of the Acts Interpretation Act 1901; or
(e) if paragraph (9)(e) applies—at the time of receipt of the electronic communication (see section 14 of the Electronic Transactions Act 1999); or
(f) if paragraph (10)(d) applies—at the time when it is served on the person in accordance with that paragraph; or
(g) if paragraph (10)(e) applies—at the time of receipt of the electronic communication (see section 14 of the Electronic Transactions Act 1999).
Note: See also section 29 of the Acts Interpretation Act 1901.
(9) Service of a direction under this Act on a person other than:
(a) the owner of a ship; or
(b) the master of a ship; or
(c) the salvor in possession of a ship;
may, in a case where the person is an individual or a body corporate, be effected:
(d) in accordance with section 28A of the Acts Interpretation Act 1901; or
(e) by sending the contents of the direction to the person by means of an electronic communication.
(10) Service of a direction under this Act on a person other than:
(a) the owner of a ship; or
(b) the master of a ship; or
(c) the salvor in possession of a ship;
may, in a case where the person is a body politic, be effected:
(d) by leaving it at, or sending it by pre‑paid post to, an office of a department or agency of the body politic; or
(e) by sending the contents of the direction to the person, or to a representative of the person, by means of an electronic communication.
17A Liability for acts and omissions
Minister
(1) Criminal or civil proceedings do not lie against:
(a) the Minister; or
(b) a delegate of the Minister;
because of an act done or omitted to be done in the exercise of any power conferred on the Minister by or under this Act.
Authority
(2) Criminal or civil proceedings do not lie against:
(a) the Authority; or
(b) a member of the Authority; or
(c) a member of the staff of the Authority; or
(d) a delegate of the Authority;
because of an act done or omitted to be done in the exercise of any power conferred on the Authority by or under this Act.
Persons specified in directions under this Act
(3) If a person was specified in a direction under this Act as mentioned in paragraph 11(2)(a) or (b), criminal or civil proceedings do not lie against the person because of an act done or omitted to be done in the exercise of any power conferred on the person by or under the direction.
Persons subject to directions under this Act
(4) If a direction under this Act is or was issued to a person, criminal or civil proceedings do not lie against the person because of an act done or omitted to be done in compliance with the direction.
(5) Subsection (4) does not apply to a proceeding under the Protection of the Sea (Civil Liability) Act 1981.
(5A) Subsection (4) does not apply to:
(a) a proceeding under the Protection of the Sea (Civil Liability for Bunker Oil Pollution Damage) Act 2008; or
(b) a proceeding on a maritime claim referred to in paragraph 4(3)(ba) of the Admiralty Act 1988 (about claims relating to bunker oil pollution damage).
(6) Subsection (4) does not apply to the extent to which it is inconsistent with an international agreement to which Australia is a party.
Compensation for acquisition of property
(7) This section does not apply to a proceeding under section 22.
Varied direction
(8) A reference in this section to a direction under this Act must, in the case of a direction that has been varied by a further direction issued under section 15, be construed as a reference to the direction as so varied by that further direction.
Application
(9) Subsections (1), (2), (3) and (4) do not apply to an act done, or omitted to be done, before the commencement of this section.
17B Expenses of compliance with certain directions under Act may be recovered from owner of ship
(1) If:
(a) a person is or was subject to a direction under this Act; and
(b) the direction relates to:
(i) a ship involved in a maritime casualty referred to in subsection 8(1) or 9(1); or
(ii) a ship referred to in subsection 10(2); and
(c) the person is not the owner, or one of the owners, of the ship; and
(d) the person incurs a reasonable expense in complying with the direction; and
(e) the direction requires the supply of a service to the owner of the ship; and
(f) apart from this section, the owner of the ship is not liable to pay the amount of the expense to the person;
the amount of the expense is a debt due to the person:
(g) if there is only one owner of the ship—by the owner of the ship; or
(h) if there are 2 or more owners of the ship—jointly and severally by the owners of the ship.
(2) A debt due under subsection (1) may be recovered in:
(a) the Federal Court of Australia; or
(b) any other court of competent jurisdiction.
(3) Subsection (1) does not apply to the extent to which it is inconsistent with an international agreement to which Australia is a party.
Varied direction
(4) A reference in this section to a direction under this Act must, in the case of a direction that has been varied by a further direction issued under section 15, be construed as a reference to the direction as so varied by that further direction.
Application
(5) Subsection (1) does not apply to a direction issued before the commencement of this section.
18 Change in ownership or master of ship, or change in ownership of tangible asset
(1) Where a direction under this Act issued to the owner of a ship is served in accordance with subsections 17(2) to (7) and a change in the ownership of the ship subsequently occurs while the direction is in force, the person who was the owner at the time the notice was served:
(a) shall forthwith notify any new owner of the ship of the existence and contents of the direction; and
(b) shall forthwith notify the Authority, in accordance with the regulations, of the change in the ownership of the ship and furnish the Authority with such particulars of the change as are prescribed for the purposes of this subsection.
(2) Where a direction under this Act issued to the master of a ship is served in accordance with subsections 17(2) to (7) and the person who is the master of the ship subsequently ceases to be the master of the ship while the direction is in force, the person who ceases to be the master of the ship:
(a) shall forthwith notify the new master (if any) of the existence and contents of the direction; and
(b) shall forthwith notify the Authority, in accordance with the regulations, of his or her ceasing to be the master of the ship and furnish the Authority with such particulars as are prescribed for the purposes of this subsection.
(3) If a direction under this Act issued to the owner of a tangible asset (other than a ship) is served in accordance with subsection 17(9) or (10) and a change in the ownership of the tangible asset subsequently occurs while the direction is in force, the person who was the owner at the time the notice was served:
(a) must immediately notify any new owner of the tangible asset of the existence and contents of the direction; and
(b) must immediately notify the Authority, in accordance with the regulations, of the change in the ownership of the tangible asset and give the Authority such particulars of the change as are prescribed for the purposes of this subsection.
(4) A person commits an offence if:
(a) a person is subject to a requirement under subsection (1), (2) or (3); and
(b) the person engages in conduct; and
(c) the person’s conduct breaches the requirement.
Penalty: 50 penalty units.
19 Contravention of direction under Act etc.
(1) A person commits an offence if:
(a) a person is subject to a direction under this Act; and
(b) the person engages in conduct; and
(c) the person’s conduct breaches the direction.
Penalty: 2,000 penalty units or imprisonment for 5 years, or both.
(4) It is a defence to a prosecution for an offence against subsection (1) if it is proved:
(a) that the breach of the direction resulted from the need to save life at sea; or
(b) that compliance with the direction was not possible; or
(c) if the direction requires an act or thing to be done before a particular time—that compliance with the direction was not possible before that time and the direction was complied with as soon as possible after that time.
(5) A reference in this section to a direction under this Act shall, in the case of a direction that has been varied by a further direction issued under section 15, be construed as a reference to the direction as so varied by that further direction.
20 No time limit for prosecution
A prosecution for an offence against this Act may be brought at any time.
Where in proceedings for an offence against a provision of this Act it is established:
(a) that a direction under this Act has been served on the owner of a ship by serving it on a person or body corporate as the agent of the ship; and
(b) that the person or body corporate had, at any time before the direction was so served, acted as an agent of the ship;
the person or body corporate shall be deemed, unless the contrary is proved, to have been an agent of the ship at the time when the direction was served.
Note: The defendant bears a legal burden in relation to the matter in this section (see section 13.4 of the Criminal Code).
22 Compensation for acquisition of property
(1) If the operation of this Act would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.
(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in:
(a) the Federal Court of Australia; or
(b) any other court of competent jurisdiction;
for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.
(3) In this section:
acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.
just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.
The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to this Act and, in particular, exempting, either absolutely or subject to conditions, a prescribed ship, or ships included in a prescribed class of ships, from all or any of the provisions of this Act.
Subsection 3(1)
The States Parties to the present Convention,
CONSCIOUS of the need to protect the interests of their peoples against the grave consequences of a maritime casualty resulting in danger of oil pollution of sea and coastlines,
CONVINCED that under these circumstances measures of an exceptional character to protect such interests might be necessary on the high seas and that these measures do not affect the principle of freedom of the high seas,
HAVE AGREED as follows:
ARTICLE I
1. Parties to the present Convention may take such measures on the high seas as may be necessary to prevent, mitigate or eliminate grave and imminent danger to their coastline or related interests from pollution or threat of pollution of the sea by oil, following upon a maritime casualty or acts related to such a casualty, which may reasonably be expected to result in major harmful consequences.
2. However, no measures shall be taken under the present Convention against any warship or other ship owned or operated by a State and used, for the time being, only on government non‑commercial service.
ARTICLE II
For the purposes of the present Convention:
1. “maritime casualty” means a collision of ships, stranding or other incident of navigation, or other occurrence on board a ship or external to it resulting in material damage or imminent threat of material damage to a ship or cargo;
2. “ship” means:
(a) any sea‑going vessel of any type whatsoever, and
(b) any floating craft, with the exception of an installation or device engaged in the exploration and exploitation of the resources of the sea‑bed and the ocean floor and the subsoil thereof;
3. “oil” means crude oil, fuel oil, diesel oil and lubricating oil;
4. “related interests” means the interests of a coastal State directly affected or threatened by the maritime casualty, such as:
(a) maritime coastal, port or estuarine activities, including fisheries activities, constituting an essential means of livelihood of the persons concerned;
(b) tourist attractions of the area concerned;
(c) the health of the coastal population and the well‑being of the area concerned, including conservation of living marine resources and of wildlife;
5. “Organization” means the Inter‑Governmental Maritime Consultative Organization.
ARTICLE III
When a coastal State is exercising the right to take measures in accordance with Article I, the following provisions shall apply:
(a) before taking any measures, a coastal State shall proceed to consultations with other States affected by the maritime casualty, particularly with the flag State or States;
(b) the coastal State shall notify without delay the proposed measures to any persons physical or corporate known to the coastal State, or made known to it during the consultations, to have interests which can reasonably be expected to be affected by those measures. The coastal State shall take into account any views they may submit;
(c) before any measure is taken, the coastal State may proceed to a consultation with independent experts, whose names shall be chosen from a list maintained by the Organization;
(d) in cases of extreme urgency requiring measures to be taken immediately, the coastal State may take measures rendered necessary by the urgency of the situation, without prior notification or consultation or without continuing consultations already begun;
(e) a coastal State shall, before taking such measures and during their course, use its best endeavours to avoid any risk to human life, and to afford persons in distress any assistance of which they may stand in need, and in appropriate cases to facilitate the repatriation of ships’ crews, and to raise no obstacle thereto;
(f) measures which have been taken in application of Article I shall be notified without delay to the States and to the known physical or corporate persons concerned, as well as to the Secretary‑General of the Organization.
ARTICLE IV
1. Under the supervision of the Organization, there shall be set up and maintained the list of experts contemplated by Article III of the present Convention, and the Organization shall make necessary and appropriate regulations in connexion therewith, including the determination of the required qualifications.
2. Nominations to the list may be made by Member States of the Organization and by Parties to this Convention. The experts shall be paid on the basis of services rendered by the States utilizing those services.
ARTICLE V
1. Measures taken by the coastal State in accordance with Article I shall be proportionate to the damage actual or threatened to it.
2. Such measures shall not go beyond what is reasonably necessary to achieve the end mentioned in Article I and shall cease as soon as that end has been achieved; they shall not unnecessarily interfere with the rights and interests of the flag State, third States and of any persons, physical or corporate, concerned.
3. In considering whether the measures are proportionate to the damage, account shall be taken of:
(a) the extent and probability of imminent damage if those measures are not taken; and
(b) the likelihood of those measures being effective; and
(c) the extent of the damage which may be caused by such measures.
ARTICLE VI
Any Party which has taken measures in contravention of the provisions of the present Convention causing damage to others, shall be obliged to pay compensation to the extent of the damage caused by measures which exceed those reasonably necessary to achieve the end mentioned in Article I.
ARTICLE VII
Except as specifically provided, nothing in the present Convention shall prejudice any otherwise applicable right, duty, privilege or immunity or deprive any of the Parties or any interested physical or corporate person of any remedy otherwise applicable.
ARTICLE VIII
1. Any controversy between the Parties as to whether measures taken under Article I were in contravention of the provisions of the present Convention, to whether compensation is obliged to be paid under Article VI, and to the amount of such compensation shall, if settlement by negotiation between the Parties involved or between the Party which took the measures and the physical or corporate claimants has not been possible, and if the Parties do not otherwise agree, be submitted upon request of any of the Parties concerned to conciliation or, if conciliation does not succeed, to arbitration, as set out in the Annex to the present Convention.
2. The Party which took the measures shall not be entitled to refuse a request for conciliation or arbitration under provisions of the preceding paragraph solely on the grounds that any remedies under municipal law in its own courts have not been exhausted.
ARTICLE IX
1. The present Convention shall remain open for signature until 31 December 1970 and shall thereafter remain open for accession.
2. States Members of the United Nations or any of the Specialized Agencies or of the International Atomic Energy Agency or Parties to the Statute of the International Court of Justice may become Parties to this Convention by:
(a) signature without reservation as to ratification, acceptance or approval;
(b) signature subject to ratification, acceptance or approval followed by ratification, acceptance or approval; or
(c) accession.
ARTICLE X
1. Ratification, acceptance, approval or accession shall be effected by the deposit of a formal instrument to that effect with the Secretary‑General of the Organization.
2. Any instrument of ratification, acceptance, approval or accession deposited after the entry into force of an amendment to the present Convention with respect to all existing Parties or after the completion of all measures required for the entry into force of the amendment with respect to those Parties shall be deemed to apply to the Convention as modified by the amendment.
ARTICLE XI
1. The present Convention shall enter into force on the ninetieth day following the date on which Governments of fifteen States have either signed it without reservation as to ratification, acceptance or approval or have deposited instruments of ratification, acceptance, approval or accession with the Secretary‑General of the Organization.
2. For each State which subsequently ratifies, accepts, approves or accedes to it the present Convention shall come into force on the ninetieth day after deposit by such State of the appropriate instrument.
ARTICLE XII
1. The present Convention may be denounced by any Party at any time after the date on which the Convention comes into force for that State.
2. Denunciation shall be effected by the deposit of an instrument with the Secretary‑General of the Organization.
3. A denunciation shall take effect one year, or such longer period as may be specified in the instrument of denunciation, after its deposit with the Secretary‑General of the Organization.
ARTICLE XIII
1. The United Nations where it is the administering authority for a territory, or any State Party to the present Convention responsible for the international relations of a territory, shall as soon as possible consult with the appropriate authorities of such territories or take such other measures as may be appropriate, in order to extend the present Convention to that territory and may at any time by notification in writing to the Secretary‑General of the Organization declare that the present Convention shall extend to such territory.
2. The present Convention shall, from the date of receipt of the notification or from such other date as may be specified in the notification, extend to the territory named therein.
3. The United Nations, or any Party which has made a declaration under paragraph 1 of this Article may at any time after the date on which the Convention has been so extended to any territory declare by notification in writing to the Secretary‑General of the Organization that the present Convention shall cease to extend to any such territory named in the notification.
4. The present Convention shall cease to extend to any territory mentioned in such notification one year, or such longer period as may be specified therein, after the date of receipt of the notification by the Secretary‑General of the Organization.
ARTICLE XIV
1. A Conference for the purpose of revising or amending the present Convention may be convened by the Organization.
2. The Organization shall convene a Conference of the States Parties to the present Convention for revising or amending the present Convention at the request of not less than one‑third of the Parties.
ARTICLE XV
1. The present Convention shall be deposited with the Secretary‑General of the Organization.
2. The Secretary‑General of the Organization shall:
(a) inform all States which have signed or acceded to the Convention of:
(i) each new signature or deposit of instrument together with the date thereof;
(ii) the deposit of any instrument of denunciation of this Convention together with the date of the deposit;
(iii) the extension of the present Convention to any territory under paragraph 1 of Article XIII and of the termination of any such extension under the provisions of paragraph 4 of that Article stating in each case the date on which the present Convention has been or will cease to be so extended;
(b) transmit certified true copies of the present Convention to all Signatory States and to all States which accede to the present Convention.
ARTICLE XVI
As soon as the present Convention comes into force, the text shall be transmitted by the Secretary‑General of the Organization to the Secretariat of the United Nations for registration and publication in accordance with Article 102 of the Charter of the United Nations.
ARTICLE XVII
The present Convention is established in a single copy in the English and French languages, both texts being equally authentic. Official translations in the Russian and Spanish languages shall be prepared and deposited with the signed original.
IN WITNESS WHEREOF the undersigned being duly authorized by their respective Governments for that purpose have signed the present Convention.
DONE at Brussels this twenty‑ninth day of November 1969.
ANNEX
CHAPTER I
CONCILIATION
ARTICLE 1
Provided the Parties concerned do not decide otherwise, the procedure for conciliation shall be in accordance with the rules set out in this Chapter.
ARTICLE 2
1. A Conciliation Commission shall be established upon the request of one Party addressed to another in application of Article VIII of the Convention.
2. The request for conciliation submitted by a Party shall consist of a statement of the case together with any supporting documents.
3. If a procedure has been initiated between two Parties, any other Party the nationals or property of which have been affected by the same measures, or which is a coastal State having taken similar measures, may join in the conciliation procedure by giving written notice to the Parties which have originally initiated the procedure unless either of the latter Parties object to such joinder.
ARTICLE 3
1. The Conciliation Commission shall be composed of three members: one nominated by the coastal State which took the measures, one nominated by the State the nationals or property of which have been affected by those measures and a third, who shall preside over the Commission and shall be nominated by agreement between the two original members.
2. The Conciliators shall be selected from a list previously drawn up in accordance with the procedure set out in Article 4 below.
3. If within a period of 60 days from the date of receipt of the request for conciliation, the Party to which such request is made has not given notice to the other Party to the controversy of the nomination of the Conciliator for whose selection it is responsible, or if, within a period of 30 days from the date of nomination of the second of the members of the Commission to be designated by the Parties, the first two Conciliators have not been able to designate by common agreement the Chairmen of the Commission, the Secretary‑General of the Organization shall upon request of either Party and within a period of 30 days, proceed to the required nomination. The members of the Commission thus nominated shall be selected from the list prescribed in the preceding paragraph.
4. In no case shall the Chairman of the Commission be or have been a national of one of the original Parties to the procedure, whatever the method of his nomination.
ARTICLE 4
1. The list prescribed in Article 3 above shall consist of qualified persons designated by the Parties and shall be kept up to date by the Organization. Each Party may designate for inclusion on the list four persons, who shall not necessarily be its nationals. The nominations shall be for periods of six years each and shall be renewable.
2. In the case of the decease or resignation of a person whose name appears on the list, the Party which nominated such person shall be permitted to nominate a replacement for the remainder of the term of office.
ARTICLE 5
1. Provided the Parties do not agree otherwise, the Conciliation Commission shall establish its own procedures, which shall in all cases permit a fair hearing. As regards examination, the Commission, unless it unanimously decides otherwise, shall conform with the provisions of Chapter III of The Hague Convention for the Peaceful Settlement of International Disputes of 18 October 1907.
2. The Parties shall be represented before the Conciliation Commission by agents whose duty shall be to act as intermediaries between the Parties and the Commission. Each of the Parties may seek also the assistance of advisers and experts nominated by it for this purpose and may request the hearing of all persons whose evidence the Party considers useful.
3. The Commission shall have the right to request explanations from agents, advisers and experts of the Parties as well as from any persons whom, with the consent of their Governments, it may deem useful to call.
ARTICLE 6
Provided the Parties do not agree otherwise, decisions of the Conciliation Commission shall be taken by a majority vote and the Commission shall not pronounce on the substance of the controversy unless all its members are present.
ARTICLE 7
The Parties shall facilitate the work of the Conciliation Commission and in particular, in accordance with their legislation, and using all means at their disposal:
(a) provide the Commission with the necessary documents and information;
(b) enable the Commission to enter their territory, to hear witnesses or experts, and to visit the scene.
ARTICLE 8
The task of the Conciliation Commission will be to clarify the matters under dispute, to assemble for this purpose all relevant information by means of examination or other means, and to endeavour to reconcile the Parties. After examining the case, the Commission shall communicate to the Parties a recommendation which appears to the Commission to be appropriate to the matter and shall fix a period of not more than 90 days within which the Parties are called upon to state whether or not they accept the recommendation.
ARTICLE 9
The recommendation shall be accompanied by a statement of reasons. If the recommendation does not represent in whole or in part the unanimous opinion of the Commission, any Conciliator shall be entitled to deliver a separate opinion.
ARTICLE 10
A conciliation shall be deemed unsuccessful if, 90 days after the Parties have been notified of the recommendation, either Party shall not have notified the other Party of its acceptance of the recommendation. Conciliation shall likewise be deemed unsuccessful if the Commission shall not have been established within the period prescribed in the third paragraph of Article 3 above, or provided the Parties have not agreed otherwise, if the Commission shall not have issued its recommendation within one year from the date on which the Chairman of the Commission was nominated.
ARTICLE 11
1. Each member of the Commission shall receive remuneration for his work, such remuneration to be fixed by agreement between the Parties which shall each contribute an equal proportion.
2. Contributions for miscellaneous expenditure incurred by the work of the Commission shall be apportioned in the same manner.
ARTICLE 12
The parties to the controversy may at any time during the conciliation procedure decide in agreement to have recourse to a different procedure for settlement of disputes.
CHAPTER II
ARBITRATION
ARTICLE 13
1. Arbitration procedure, unless the Parties decide otherwise, shall be in accordance with the rules set out in this Chapter.
2. Where conciliation is unsuccessful, a request for arbitration may only be made within a period of 180 days following the failure of conciliation.
ARTICLE 14
The Arbitration Tribunal shall consist of three members: one Arbitrator nominated by the coastal State which took the measures, one Arbitrator nominated by the State the nationals or property of which have been affected by those measures, and another Arbitrator who shall be nominated by agreement between the two first‑named, and shall act as its Chairman.
ARTICLE 15
1. If, at the end of a period of 60 days from the nomination of the second Arbitrator, the Chairman of the Tribunal shall not have been nominated, the Secretary‑General of the Organization upon request of either Party shall within a further period of 60 days proceed to such nomination, selecting from a list of qualified persons previously drawn up in accordance with the provisions of Article 4 above. This list shall be separate from the list of experts prescribed in Article IV of the Convention and from the list of Conciliators prescribed in Article 4 of the present Annex; the name of the same person may, however, appear both on the list of Conciliators and on the list of Arbitrators. A person who has acted as Conciliator in a dispute may not, however, be chosen to act as Arbitrator in the same matter.
2. If, within a period of 60 days from the date of the receipt of the request, one of the Parties shall not have nominated the member of the Tribunal for whose designation it is responsible, the other Party may directly inform the Secretary‑General of the Organization who shall nominate the Chairman of the Tribunal within a period of 60 days, selecting him from the list prescribed in paragraph 1 of the present Article.
3. The Chairman of the Tribunal shall, upon nomination, request the Party which has not provided an Arbitrator, to do so in the same manner and under the same conditions. If the Party does not make the required nomination, the Chairman of the Tribunal shall request the Secretary‑General of the Organization to make the nomination in the form and conditions prescribed in the preceding paragraph.
4. The Chairman of the Tribunal, if nominated under the provisions of the present Article, shall not be or have been a national of one of the Parties concerned, except with the consent of the other Party or Parties.
5. In the case of the decease or default of an Arbitrator for whose nomination one of the Parties is responsible, the said Party shall nominate a replacement within a period of 60 days from the date of decease or default. Should the said Party not make the nomination, the arbitration shall proceed under the remaining Arbitrators. In the case of decease or default of the Chairman of the Tribunal, a replacement shall be nominated in accordance with the provisions of Article 14 above, or in the absence of agreement between the members of the Tribunal within a period of 60 days of the decease or default, according to the provisions of the present Article.
ARTICLE 16
If a procedure has been initiated between two Parties, any other Party, the nationals or property of which have been affected by the same measures or which is a coastal State having taken similar measures, may join in the arbitration procedure by giving written notice to the Parties which have originally initiated the procedure unless either of the latter Parties object to such joinder.
ARTICLE 17
Any Arbitration Tribunal established under the provisions of the present Annex shall decide its own rules of procedure.
ARTICLE 18
1. Decisions of the Tribunal both as to its procedure and its place of meeting and as to any controversy laid before it, shall be taken by majority vote of its members; the absence or abstention of one of the members of the Tribunal for whose nomination the Parties were responsible shall not constitute an impediment to the Tribunal reaching a decision. In cases of equal voting, the Chairman shall cast the deciding vote.
2. The Parties shall facilitate the work of the Tribunal and in particular, in accordance with their legislation, and using all means at their disposal:
(a) provide the Tribunal with the necessary documents and information;
(b) enable the Tribunal to enter their territory, to hear witnesses or experts, and to visit the scene.
3. Absence or default of one Party shall not constitute an impediment to the procedure.
ARTICLE 19
1. The award of the Tribunal shall be accompanied by a statement of reasons. It shall be final and without appeal. The Parties shall immediately comply with the award.
2. Any controversy which may arise between the Parties as regards interpretation and execution of the award may be submitted by either Party for judgment to the Tribunal which made the award, or, if it is not available, to another Tribunal constituted for this purpose in the same manner as the original Tribunal.
Subsection 3(1)
THE PARTIES TO THE PRESENT PROTOCOL,
BEING PARTIES to the International Convention relating to Intervention on the High Seas in Cases of Oil Pollution Casualties, done at Brussels on 29 November 1969,
TAKING INTO ACCOUNT the Resolution on International Co‑operation Concerning Pollutants other than Oil adopted by the International Legal Conference on Marine Pollution Damage, 1969,
FURTHER TAKING INTO ACCOUNT that pursuant to the Resolution, the Inter‑Governmental Maritime Consultative Organization has intensified its work, in collaboration with all interested international organizations, on all aspects of pollution by substances other than oil,
HAVE AGREED as follows:
ARTICLE I
1. Parties to the present Protocol may take such measures on the high seas as may be necessary to prevent, mitigate or eliminate grave and imminent danger to their coastline or related interests from pollution or threat of pollution by substances other than oil following upon a maritime casualty or acts related to such a casualty, which may reasonably be expected to result in major harmful consequences.
2. “Substances other than oil” as referred to in paragraph 1 shall be:
(a) those substances enumerated in a list which shall be established by an appropriate body designated by the Organization and which shall be annexed to the present Protocol, and
(b) those other substances which are liable to create hazards to human health, to harm living resources and marine life, to damage amenities or to interfere with other legitimate uses of the sea.
3. Whenever an intervening Party takes action with regard to a substance referred to in paragraph 2 (b) above that Party shall have the burden of establishing that the substance, under the circumstances present at the time of the intervention, could reasonably pose a grave and imminent danger analogous to that posed by any of the substances enumerated in the list referred to in paragraph 2 (a) above.
ARTICLE II
1. The provisions of paragraph 2 of Article I and of Articles II to VIII of the Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties, 1969, and the Annex thereto as they relate to oil, shall be applicable with regard to the substances referred to in Article I of the present Protocol.
2. For the purpose of the present Protocol the list of experts referred to in Articles III (c) and IV of the Convention shall be extended to include experts qualified to give advice in relation to substances other than oil. Nominations to the list may be made by Member States of the Organization and by Parties to the present Protocol.
ARTICLE III
1. The list referred to in paragraph 2 (a) of Article I shall be maintained by the appropriate body designated by the Organization.
2. Any amendment to the list proposed by a Party to the present Protocol shall be submitted to the Organization and circulated by it to all Members of the Organization and all Parties to the present Protocol at least three months prior to its consideration by the appropriate body.
3. Parties to the present Protocol whether or not Members of the Organization shall be entitled to participate in the proceedings of the appropriate body.
4. Amendments shall be adopted by a two‑thirds majority of only the Parties to the present Protocol present and voting.
5. If adopted in accordance with paragraph 4 above, the amendment shall be communicated by the Organization to all Parties to the present Protocol for acceptance.
6. The amendment shall be deemed to have been accepted at the end of a period of six months after it has been communicated, unless within that period an objection to the amendment has been communicated to the Organization by not less than one‑third of the Parties to the present Protocol.
7. An amendment deemed to have been accepted in accordance with paragraph 6 above shall enter into force three months after its acceptance for all Parties to the present Protocol, with the exception of those which before that date have made a declaration of non‑acceptance of the said amendment.
ARTICLE IV
1. The present Protocol shall be open for signature by the States which have signed the Convention referred to in Article II or acceded thereto, and by any State invited to be represented at the International Conference on Marine Pollution 1973. The Protocol shall remain open for signature from 15 January 1974 until 31 December 1974 at the Headquarters of the Organization.
2. Subject to paragraph 4 of this Article, the present Protocol shall be subject to ratification, acceptance or approval by the States which have signed it.
3. Subject to paragraph 4, this Protocol shall be open for accession by States which did not sign it.
4. The present Protocol may be ratified, accepted, approved or acceded to only by States which have ratified, accepted, approved or acceded to the Convention referred to in Article II.
ARTICLE V
1. Ratification, acceptance, approval or accession shall be effected by the deposit of a formal instrument to that effect with the Secretary‑General of the Organization.
2. Any instrument of ratification, acceptance, approval or accession deposited after the entry into force of an amendment to the present Protocol with respect to all existing Parties or after the completion of all measures required for the entry into force of the amendment with respect to all existing Parties shall be deemed to apply to the Protocol as modified by the amendment.
ARTICLE VI
1. The present Protocol shall enter into force on the ninetieth day following the date on which fifteen States have deposited instruments of ratification, acceptance, approval or accession with the Secretary‑General of the Organization, provided however that the present Protocol shall not enter into force before the Convention referred to in Article II has entered into force.
2. For each State which subsequently ratifies, accepts, approves or accedes to it, the present Protocol shall enter into force on the ninetieth day after the deposit by such State of the appropriate instrument.
ARTICLE VII
1. The present Protocol may be denounced by any Party at any time after the date on which the Protocol enters into force for that Party.
2. Denunciation shall be effected by the deposit of an instrument to that effect with the Secretary‑General of the Organization.
3. Denunciation shall take effect one year, or such longer period as may be specified in the instrument of denunciation, after its deposit with the Secretary‑General of the Organization.
4. Denunciation of the Convention referred to in Article II by a Party shall be deemed to be a denunciation of the present Protocol by that Party. Such denunciation shall take effect on the same day as the denunciation of the Convention takes effect in accordance with paragraph 3 of Article XII of that Convention.
ARTICLE VIII
1. A conference for the purpose of revising or amending the present Protocol may be convened by the Organization.
2. The Organization shall convene a conference of Parties to the present Protocol for the purpose of revising or amending it at the request of not less than one‑third of the Parties.
ARTICLE IX
1. The present Protocol shall be deposited with the Secretary‑General of the Organization.
2. The Secretary‑General of the Organization shall:
(a) inform all States which have signed the present Protocol or acceded thereto of:
(i) each new signature or deposit of an instrument together with the date thereof;
(ii) the date of entry into force of the present Protocol;
(iii) the deposit of any instrument of denunciation of the present Protocol together with the date on which the denunciation takes effect;
(iv) any amendments to the present Protocol or its Annex and any objection or declaration of non‑acceptance of the said amendment;
(b) transmit certified true copies of the present Protocol to all States which have signed the present Protocol or acceded thereto.
ARTICLE X
As soon as the present Protocol enters into force, a certified true copy thereof shall be transmitted by the Secretary‑General of the Organization to the Secretariat of the United Nations for registration and publication in accordance with Article 102 of the Charter of the United Nations.
ARTICLE XI
The present Protocol is established in a single original in the English, French, Russian and Spanish languages, all four texts being equally authentic.
IN WITNESS WHEREOF the undersigned being duly authorized for that purpose have signed the present Protocol.
DONE AT LONDON this second day of November one thousand nine hundred and seventy‑three.
ANNEX
LIST OF SUBSTANCES ESTABLISHED BY THE MARINE ENVIRONMENT PROTECTION COMMITTEE OF THE ORGANIZATION IN ACCORDANCE WITH PARAGRAPH 2 (a) OF ARTICLE I
1. Oil (when carried in bulk)
Asphalt Solutions
Blending Stocks
Roofers Flux
Straight Run Residue
Oil
Clarified
Mixtures containing Crude Oil
Road Oil
Aromatic Oil (excluding vegetable oil)
Blending Stocks
Mineral Oil
Penetrating Oil
Spindle Oil
Turbine Oil
Distillates
Straight Run
Flashed Feed Stocks
Gas Oil
Cracked
Gasoline Blending Stocks
Alkylates—fuel
Reformates
Polymer—fuel
Gasolines
Casinghead (natural)
Automotive
Aviation
Straight Run
Jet Fuels
JP‑1 (Kerosene)
JP‑3
JP‑4
JP‑5 (Kerosene, heavy)
Turbo Fuel
Mineral Spirit
Naphtha
Solvent
Petroleum
Heartcut Distillate Oil
2. Noxious Substances
Acetic anhydride
Acetone
Acetone cyanohydrin
Acrolein
Acrylonitrile
Aldrin
Allyl isothiocyanate
Aluminium phosphide
Ammonia (28% aqueous)
Ammonium phosphate
Amyl mercaptan
Aniline
Aniline hydrochloride
Antimony compounds
Arsenic compounds
Atrazine
Azinphos methyl (Guthion)
Barium azide
Barium cyanide
Barium oxide
Benzene
Benzenehexachloride isomers (Lindane)
Benzidine
Beryllium powder
Bromine
Bromobenzyl cyanide
n‑Butyl acrylate
Butyric acid
Cacodylic acid
Cadmium compounds
Carbaryl (Sevin)
Carbon disulphide
Carbontetrachloride
Chlorodane
Chloroacetone
Chloroacetophenone
Chlorodinitrobenzene
Chloroform
Chlorohydrins (crude)
Chloropicrin
Chromic acid (Chromium trioxide)
Cocculus (solid)
Copper compounds
Cresols
Cupriethylene diamine
Cyanide compounds
Cyanogen bromide
Cyanogen chloride
DDT
Dichloroanilines
Dichlorobenzenes
Dieldrin
Dimethoate (Cygon)
Dimethyl amine (40% aqueous)
Dinitroanilines
4, 6‑Dinitroorthocresol
Dinitrophenols
Endosulphan (Thiodan)
Endrin
Epichlorohydrin
Ethyl bromoacetate
Ethylene chlorohydrin (2‑Chloro‑ethanol)
Ethylene dichloride
Ethyl parathion
Fentin acetate (dry)
Fluosilicic acid
Heptachlor
Hexachlorobenzene
Hexaethyl tetraphosphate
Hydrocyanic acid
Hydrofluoric acid (40% aqueous)
Isoprene
Lead compounds
Lindane (Gammexane, BHC)
Malathion
Mercuric compounds
Methyl alcohol
Methylene chloride
Molasses
Naphthalene (molten)
Naphthylthiourea
Nitric acid (90%)
Oleum
Parathion
Paraquat
Phenol
Phosphoric acid
Phosphorus (elemental)
Polyhalogenated biphenyls
Sodium pentachlorophenate (solution)
Styrene monomer
Toluene
Toluene diisocyanate
Toxaphene
Tritolyl phosphate (Tricresyl phosphate)
2, 4, 5‑T
3. Liquefied Gases (when carried in bulk)
Acetaldehyde
Anhydrous Ammonia
Butadiene
Butane
Butane/Propane Mixtures
Butylenes
Chlorine
Dimethylamine
Ethyl Chloride
Ethane
Ethylene
Ethylene Oxide
Methane (LNG)
Methyl Acetylene Propadiene mixture
Methyl Bromide
Methyl Chloride
Propane
Propylene
Vinyl Chloride Monomer
Anhydrous Hydrogen Chloride
Anhydrous Hydrogen Fluoride
Sulphur Dioxide
4. Radioactive Substances
Radioactive substances, including, but not limited to, elements and compounds the isotopes of which are subject to the requirements of Section 835 of the Regulations for the Safe Transport of Radioactive Materials, 1973 Revised Edition, published by the International Atomic Energy Agency, and which may be found to be stored or transported as substances and/or materials in Type A packages, Type B packages, as fissile materials or materials transported under special arrangements, such as
60Co, 137Cs, 226Ra, 239Pu, 235U.
Schedule 3—Resolution MEPC.49(31)
Subsection 3 (1)
adopted on 4 July 1991
REVISION OF THE LIST OF SUBSTANCES TO BE ANNEXED TO THE PROTOCOL RELATING TO INTERVENTION ON THE HIGH SEAS IN CASES OF MARINE POLLUTION BY SUBSTANCES OTHER THAN OIL
THE MARINE ENVIRONMENT PROTECTION COMMITTEE,
NOTING Resolution 26 of the International Conference on Marine Pollution, 1973 which requested the appropriate body designated by the Organization to establish, not later than 30 November 1974, the list of substances to be annexed to the Protocol relating to Intervention on the High Seas in Cases of Marine Pollution by Substances Other than Oil, 1973, (the 1973 Protocol),
NOTING FURTHER Resolution A.296 (VIII) by which the Assembly designated the Committee as the appropriate body referred to in articles I and III of the above‑mentioned Protocol,
RECALLING Resolution MEPC.1 (II) by which the Committee established on 21 November 1974 a list of substances to be annexed to the Protocol relating to Intervention on the High Seas in Cases of Marine Pollution by Substances Other than Oil, in accordance with Resolution 26 of the International Conference on Marine Pollution, 1973, and Resolution A.296 (VIII),
HAVING CONSIDERED proposals by governments for revising the list,
HAVING taken account of scientific advice provided by the Joint Group of Experts on the Scientific Aspects of Marine Pollution (GESAMP) with regard to evaluation of the hazards of harmful substances in the marine environment and by the International Atomic Energy Agency in respect of radioactive materials,
HAVING taken account of technical advice provided by the Sub‑Committee on Bulk Chemicals and by the Sub‑Committee on the Carriage of Dangerous Goods,
1. ADOPTS by the required two‑thirds majority of the Parties to the 1973 Protocol present and voting in the Committee the amended list which appears in the Annex to this Resolution;
2. REQUESTS the Secretary‑General to communicate the amended list to all Parties to the 1973 Protocol in accordance with article III, paragraph 5, for acceptance, and to inform them that the amended list shall be deemed to have been accepted at the end of the period of six months after it has been communicated, unless within that period an objection to these amendments has been communicated to the Organization by not less than one third of the Parties, and that the amended list shall enter into force three months after it has been deemed to have been accepted;
3. REQUESTS FURTHER the Secretary‑General to annex copies thereof to the authentic text of the Protocol in accordance with article I, paragraph 2 (a), once the amended list has been accepted in accordance with article III, paragraph 6, to replace the existing list;
4. DECIDES that the list should be kept under review, in consultation and co‑operation with competent international organizations, in particular the International Atomic Energy Agency in respect of radioactive materials.
ANNEX
LIST OF SUBSTANCES
Appendix 1
Oil carried in bulk as listed in appendix I to Annex I of MARPOL 73/78 other
than those covered by the 1969 Intervention Convention
Asphalt solutions | Gasolines blending stocks |
Blending stocks | Alkylates—fuel |
Roofers flux | Reformates |
Straight run residue | Polymer—fuel |
Oils | Gasolines |
Clarified | Casinghead (natural) |
Road oil | Automotive |
Transformer oil | Aviation |
Aromatic oil (excluding vegetable oil) | Straight run |
Mineral oil | Fuel oil No. 1 (Kerosene) |
Motor oil | Fuel oil No. 1‑D |
Penetrating oil | Fuel oil No. 2 |
Spindle oil | Fuel oil No. 2‑D |
Turbine oil | Jet fuels |
Distillates | JP‑1 (Kerosene) |
Straight run | JP‑3 |
Flashed feed stocks | JP‑5 (Kerosene, heavy) |
Gas oil | Turbo fuel |
Cracked | Kerosene |
Naphtha | Mineral spirit |
Solvent |
|
Petroleum |
|
Heartcut distillate oil |
|
Appendix 2
Noxious liquid substances carried in bulk
Acetone cyanohydrin
Acetic anhydride
Acrylonitrile
Alcohol (C12‑C15) poly (1‑3) ethoxylates
Alcohol (C12‑C15) poly (3‑11) ethoxylates
Alcohol (C6‑C17) (secondary) poly (3‑6) ethoxylates
Alcohol (C6‑C17) (secondary) poly (7‑12) ethoxylates
Allyl alcohol
Allyl chloride
Ammonium sulphide solution (45% or less)
Aniline
Benzene and mixtures having 10% benzene or more
Benzyl chloride
Butene oligomer
n‑Butyl acrylate
Butylbenzenes (all isomers)
Butyl benzyl phthalate
n‑Butyraldehyde
Calcium hypochlorite solution (more than 15%)
Calcium naphthenate in mineral oil
Camphor oil
Carbolic oil
Carbon disulphide
Carbon tetrachloride
Chlorinated paraffins (C10‑C13)
Chlorobenzene
Chloroform
o‑Chloronitrobenzene
m‑Chlorotoluene
o‑Chlorotoluene
p‑Chlorotoluene
Chlorotoluenes (mixed isomers)
Coal tar
Coal tar naphtha solvent
Cobalt naphthenate in solvent naphtha
Creosote (coal tar)
Creosote (wood)
Cresols (all isomers)
Cresylic acid, sodium salt solution
Crotonaldehyde
Cyclohexyl acetate
1,3‑Cyclopentadiene dimer (molten)
Cyclopentene
Decene
Decyl acrylate
Decyl alcohol (all isomers)
Dibutyl phthalate
Dichlorobenzenes (all isomers)
1,1‑Dichloroethane
Dichloroethyl ether
1,6‑Dichlorohexene
2,4‑Dichlorophenol
2,4‑Dichlorophenoxyacetic acid, diethanolamine salt solution
2,4‑Dichlorophenoxyacetic acid, dimethylamine salt solution (70% or less)
2,4‑Dichlorophenoxyacetic acid, triisopropanolamine salt solution
1,1‑Dichloropropane
1,2‑Dichloropropane
1,3‑Dichloropropane
1,3‑Dichloropropene
Dichloropropene/Dichloropropane mixtures
Diethyl sulphate
Diglycidyl ether of bisphenol A
Diglycidyl ether of bisphenol F
Di‑n‑hexyl adipate
Diisobutylene
Diisobutyl phthalate
Diisopropylbenzene (all isomers)
Dimethyl adipate
Dimethylamine solution (45% or less)
Dimethylamine solution (greater than 45% but not greater than 55%)
Dimethylamine solution (greater than 55% but not greater than 65%)
Dinitrotoluene (molten)
Diphenyl
Diphenyl/Diphenyl ether mixtures
Diphenyl ether
Diphenyl ether/Diphenyl phenyl ether mixture
Diphenylmethane diisocyanate
Diphenylol propane‑epichlorohydrin resins
Dodecene (all isomers)
Dodecyl alcohol
Dodecyl diphenyl ether disulphonate solution
Dodecyl phenol
Drilling brines, containing Zinc salts
Epichlorohydrin
Ethyl acrylate
Ethylene chlorohydrin
Ethylene dibromide
Ethylene dichloride
2‑Ethylhexyl acrylate
2‑Ethylhexylamine
Ethylidene norbornene
o‑Ethylphenol
2‑Ethyl‑3‑propylacrolein
Ethyltoluene
Fluorosilicic acid
Fumaric adduct of rosin, water dispersion
Glycidyl ester of C10 trialkylacetic acid
Heptyl acetate
Hexyl acetate
2‑Hydroxyethyl acrylate
Isobutyl acrylate
Isophorone diisocyanate
Isopropylbenzene
Lactonitrile solution (80% or less)
Lauric acid
Mercaptobenzothiazol, sodium salt solution
Metam sodium solution
Methacrylic resin in 1,2‑Dichloroethane solution
Methacrylonitrile
Methyl acrylate
Methylcyclopentadiene dimer
2‑Methyl‑5‑ethyl pyridine
Methyl heptyl ketone
Methylnaphthalene
2‑Methylpyridine
4‑Methylpyridine
N‑Methyl‑2‑pyrrolidone
Methyl salicylate
alpha‑Methylstyrene
Motor fuel anti‑knock compounds
Naphthalene (molten)
Naphthenic acids
Nitrobenzene
o‑Nitrophenol (molten)
Nonene
Nonylphenol
Nonylphenol poly (4‑12) ethoxylates
Octane (all isomers)
Octene (all isomers)
Octyl aldehydes
Octyl nitrates (all isomers)
Olefin mixtures (C5‑C15)
Oleum
alpha‑Olefins (C6‑C18) mixtures
Pentachloroethane
Perchloroethylene
Phenol
Phosphorus, yellow or white
Pinene
n‑Propyl chloride
Propylene tetramer
Propylene trimer
Rosin
Rosin soap (disproportionated) solution
Sodium hydrosulphide/Ammonium sulphide solution
Sodium hydrosulphide solution (45% or less)
Sodium sulphide solution
Sodium nitrite solution
Sodium thiocyanate solution (56% or less)
Styrene monomer
Tall oil (crude and distilled)
Tall oil soap (disproportionated) solution
Tetrachloroethane
Toluene
Toluene diisocyanate
Tributyl phosphate
1,2,4‑Trichlorobenzene
1,1,1‑Trichloroethane
1,1,2‑Trichloroethane
Trichloroethylene
1,2,3‑Trichloropropane
Tricresyl phosphate (containing less than 1% ortho‑isomer)
Tricresyl phosphate (containing 1% or more ortho‑isomer)
Triethylbenzene
Trimethyl benzenes (all isomers)
Trimethylhexamethylene diisocyanate (2,2,4‑and 2,4,4‑isomers)
Trixylyl phosphate
Turpentine
1‑Undecene
Undecyl alcohol
Vinylidene chloride
Vinyl neodecanoate
Vinyltoluene
White spirit, low (15‑20%) aromatic
Xylenol
Appendix 3
Harmful substances carried in packaged form
Substances
Binapacryl
Cadmium compounds, except Cadmium selenide and Cadmium sulphide
Chlorined paraffins (C10‑C13)
Chlorophenates
Copper cyanide
Coumarin derivative pesticides as follows:
Brodifacoum
Coumaphos
Cresyl diphenyl phosphate
Cypermethrin
Diphenylamine chloroarsine
Diphenylchloroarsine
Dodecylphenol
Ethyldichloroarsine
Fenpropathrin
Hexachlorobutadiene
Mercuric arsenate
Mercuric chloride
Mercuric nitrate
Mercuric potassium cyanide
Mercurous nitrate
Mercury acetates
Mercury ammonium chloride
Mercury based pesticides
Mercury benzoate
Mercury bromides
Mercury compounds except Mercuric sulphide and Mercury iodide
Mercury cyanide
Mercury gluconate
Mercury nucleate
Mercury oleate
Mercury oxide
Mercury oxycyanide desensitized
Mercury potassium iodide
Mercury salicylate
Mercury sulphates
Mercury thiocyanate
Nickel cyanide
Nickel carbonyl
Organochlorine pesticides as follows:
Aldrin
Camphechlor
Chlordane
DDT
Dieldrin
Endosulfan
Endrin
Heptachlor
Lindane (gamma‑BCH)
Organophosphorus pesticides as follows:
Azinphos‑methyl
Azinphos‑ethyl
Bromophos‑ethyl
Carbophenothion
Chlorpyriphos
Chlorthiophos
Dialifos
Diazinon
Dichlofenthion
Dichlorvos
Dimethoate
EPN Ethion
Fenitrothion
Fenthion
Fonofos
Isoxathion
Mevinphos
Parathion
Parathion‑methyl
Pirimiphos ethyl
Phenthoate
Phorate
Phosalone
Phosphamidon
Pyrazophos
Sulprophos
Terbufos
Organotin compounds
Organotin pesticides
Osmium tetroxide
Pentachlorophenol
Phenylmercuric acetate
Phenylmercuric compounds
Phenylmercuric nitrate
Phosphorus, white or yellow
Polychlorinated biphenyls or terphenyls
Polyhalogenated biphenyls or terphenyls
Potassium cuprocyanide
Silver arsenite
Sodium cuprocyanide
Sodium pentachlorophenate
Triaryl phosphates
Tricresyl phosphates, more than 1% ortho‑isomer
Zinc cyanide
Appendix 4
Radioactive materials
Radioactive materials which are transported in type B packages, or as fissile materials, or under special arrangement, as covered by the provisions of schedules 10 to 13 of class 7 of the International Maritime Dangerous Goods Code.
Appendix 5
Liquefied gases carried in bulk
Acetaldehyde
Anhydrous Ammonia
Chlorine
Dimethylamine
Ethyl chloride
Ethylene oxide
Hydrogen chloride, anhydrous
Hydrogen fluoride, anhydrous
Methyl bromide
Methyl chloride
Sulphur dioxide
Vinyl chloride monomer
Schedule 4—Resolution MEPC. 72(38) by Marine Environment Protection Committee
Note: See subsection 3(1).
REVISION OF THE ANNEX (LIST OF SUBSTANCES) TO THE PROTOCOL RELATING TO INTERVENTION ON THE HIGH SEAS IN CASES OF POLLUTION BY SUBSTANCES OTHER THAN OIL OF 2 NOVEMBER 1973
THE MARINE ENVIRONMENT PROTECTION COMMITTEE,
NOTING Resolution 26 of the International Conference on Marine Pollution, 1973 which requested the appropriate body designated by the Organization to establish, not later than 30 November 1974, the list of substances to be annexed to the Protocol relating to Intervention on the High Seas in Cases of Pollution by Substances Other than Oil, 1973 (the 1973 Intervention Protocol),
NOTING FURTHER Resolution A.296(VIII) by which the Assembly designated the Committee as the appropriate body referred to in Articles I and III of the above‑mentioned Protocol,
RECALLING Resolution MEPC.49(31) by which the Committee adopted on 4 July 1991 an amended list to replace the original list annexed to the Protocol,
RECALLING FURTHER that it had approved, at its thirty‑fifth session, the Criteria for the Selection of Substances for Inclusion in the Annex to the 1973 Intervention Protocol,
NOTING ALSO that the 1992 amendments to the IBC Code and Amendment 27 of the IMDG Code had entered into force,
HAVING CONSIDERED the proposed amendments to Appendix 2, noxious liquid substances carried in bulk, and Appendix 3, harmful substances carried in packaged form, prepared by the Secretariat in accordance with the above‑mentioned criteria and taking into account the recent amendments to the IBC and IMDG Codes,
1. ADOPTS, by the required two‑thirds majority of the Parties to the 1973 Intervention Protocol present and voting in the Committee, the amended list which appears in the Annex to this Resolution;
2. REQUESTS the Secretary‑General to communicate the amended list to all Parties to the 1973 Intervention Protocol in accordance with Article III, paragraph 5, for acceptance, and to inform them that the amended list shall be deemed to have been accepted at the end of the period of six months after it has been communicated, unless within that period an objection to these amendments has been communicated to the Organization by not less than one third of the Parties, and that the amended list shall enter into force three months after it has been deemed to have been accepted; and
3. REQUESTS FURTHER the Secretary‑General to annex copies thereof to the authentic text of the Protocol in accordance with Article I, paragraph 2(a), once the amended list has been accepted in accordance with Article III, paragraph 6, to replace the existing list.
ANNEX
LIST OF SUBSTANCES
APPENDIX 1
OIL CARRIED IN BULK AS LISTED IN APPENDIX I TO ANNEX I OF MARPOL 73/78 OTHER THAN THOSE COVERED BY THE 1969 INTERVENTION CONVENTION
Asphalt solutions
Blending stocks
Roofers flux
Straight run residue
Oils
Clarified
Road oil
Transformer oil
Aromatic oil (excluding vegetable oil)
Mineral oil
Motor oil
Penetrating oil
Spindle oil
Turbine oil
Distillates
Straight run
Flashed feed stocks
Gas oil
Cracked
Naphtha
Solvent
Petroleum
Heartcut distillate oil
Gasoline blending stocks
Alkylates ‑ fuel
Reformates
Polymer ‑ fuel
Gasolines
Casinghead (natural)
Automotive
Aviation
Straight run
Fuel oil No. 1 (Kerosene)
Fuel oil No. 1‑D
Fuel oil No. 2
Fuel oil No. 2‑D
Jet fuels
JP‑1 (Kerosene)
JP‑3
JP‑5 (Kerosene, heavy)
Turbo fuel
Kerosene
Mineral spirit
APPENDIX 2
NOXIOUS LIQUID SUBSTANCES CARRIED IN BULK
Acetone cyanohydrin
Acylonitrile
Alachlor technical (90% or more)
Alcohol (C6‑C17) (secondary) poly(3‑6) ethoxylates
Alcohol (C12‑C15) poly(1‑6) ethoxylates
Alcohol (C6‑C17) (secondary) poly(7‑12) ethoxylates
Alcohol (C12‑C15) poly(7‑19) ethoxylates
Alkaryl polyethers (C9‑C20)
Alkyl (C3‑C4) benzenes
Alkyl (C5‑C8) benzenes
Alkyl (C7‑C9) nitrates
Alkyl acrylate‑vinyl pyridine copolymer in toluene
Alkylbenzene, alkylindane, alkylindene mixture (each C12‑C17)
Allyl alcohol
Allyl chloride
Ammonium sulphide solution (45% or less)
Aniline
Benzene and mixtures having 10% benzene or more*
Benzyl chloride
Benzyl alcohol
Butene oligomer
Butyl butyrate (all isomers)
Butyl benzyl phthalate
Butyl acrylate (all isomers)
Butylamine (all isomers)
Butyraldehyde (all isomers)
Calcium alkyl (C9) phenol sulphide/Polyolefin phosphorosulphide mixture
Calcium hypochlorite solution (more than 15%)
Calcium long‑chain alkyl phenate sulphide (C8‑C40)
Camphor oil
Carbolic oil
Carbon disulphide
Carbon tetrachloride
Chlorinated paraffins (C10‑C13)
Chloroacetic acid (80% or less)
Chlorobenzene
o‑Chloronitrobenzene
Chloroform
Chlorohydrins (crude)
2‑ or 3‑Chloropropionic acid
m‑Chlorotoluene
o‑Chlorotoluene
p‑Chlorotoluene
Chlorotoluenes (mixed isomers)
Coal tar
Coal tar naphtha solvent
Coal tar pitch (molten)
Cobalt naphthenate in solvent naphtha
Creosote (coal tar)
Creosote (wood)
Cresols (all isomers)
Cresylic acid, dephenolized
Cresylic acid, sodium salt solution
Crotonaldehyde
1,5,9‑Cyclododecatriene
Cyclohexyl acetate
Cyclohexylamine
1,3‑Cyclopentadiene dimer (molten)
Cyclopentene
Decanoic acid
Decene
Decyl acetate
Decyl alcohol (all isomers)
Decyl acrylate
Decyloxytetrahydro‑thiophene dioxide
Di‑n‑hexyl adipate
Di‑n‑propylamine
Dibutyl phthalate
Dibutyl hydrogen phosphonate
Dibutylamine
Dichlorobenzene (all isomers)
Dichloroethyl ether
1,6‑Dichlorohexane
2,4‑Dichlorophenol
2,4‑Dichlorophenoxyacetic acid, diethanolamine salt solution
2,4‑Dichlorophenoxyacetic acid, dimethylamine salt solution (70% or less)
2,4‑Dichlorophenoxyacetic acid, triisopropanolamine salt solution
1,2‑Dichloropropane
1,3‑Dichloropropene
Dichloropropene/Dichloro‑ propane mixtures
Diethyl sulphate
Diethylamine
Diethylaminoethanol
Diethylbenzene
Diglycidyl ether of bisphenol F
Diglycidyl ether of bisphenol A
Diisobutyl phthalate
Diisobutylamine
Diisobutylene
Diisopropylamine
Diisopropylbenzene (all isomers)
Dimethyl octanoic acid
Dimethyl adipate
Dimethyl hydrogen phosphite
Dimethylamine solution (greater than 55% but not greater than 65%)
Dimethylamine solution (greater than 45% but not greater than 55%)
Dimethylamine solution (45% or less)
N,N‑Dimethylcyclohexylamine
Dinitrotoluene (molten)
1,4‑Dioxane
Diphenyl
Diphenyl ether
Diphenyl ether/Diphenyl phenyl ether mixture
Diphenyl/Diphenyl ether mixtures
Diphenylamine, reaction product with 2,2,4‑Trimethylpentene
Diphenylamines, alkylated
Diphenylmethane diisocyanate
Diphenylol propane
Diphenylol propane‑ epichlorohydrin resins
Dodocene (all isomers)
Dodecyl alcohol
Dodecyl diphenyl ether disulphonate solution
Dodecyl phenol
Dodecylamine/Tetradecylamine mixture
Dodecyldimethylamine/Tetradecyldimethylamine mixture
Drilling brines (containing Zinc salts)
Epichlorohydrin
Ethyl acrylate
Ethylamine solutions (72% or less)
Ethylamine
Ethylbenzene
N‑Ethylbutylamine
Ethylene dichloride
Ethylene dibromide
Ethylene chlorohydrin
Ethylene oxide/Propylene oxide mixture with an Ethylene oxide content of not more than 30% in weight
Ethylene glycol methyl ether acetate
Ethylenediamine
2‑Ethylhexyl acrylate
2‑Ethylhexylamine
Ethylidene norbornene
o‑Ethylphenol
2‑Ethyl‑3‑propylacrolein
Ethyltoluene
Fluorosilicic acid (20‑30%) in water solution
Formaldehyde solutions (45% or less)
Fumaric adduct of rosin, water dispersion
Furfural
Glycidyl ester of C10 trialkylacetic acid
Heptyl acetate
Hexamethylenediamine solution
Hexyl acetate
2‑Hydroxyethyl acrylate
2‑Hydroxy‑4‑(methylthio) butanoic acid
Isophorone diisocyanate
Isophoronediamine
Lactonitrile solution (80% or less)
Lauric acid
Liquid chemical wastes
Long chain polyetheramine in alkyl (C2‑C4) benzenes
Long chain polyetheramine in aromatic solvent
Long chain alkaryl polyether (C11‑C20)
Magnesium long chain alkyl salicylate (C11+)
Mercaptobenzothiazol, sodium salt solution
Metam sodium solution
Methacrylic resin in Ethylene dichloride
Methyl acrylate
Methyl butyl ketone
2‑Methyl‑6‑ethyl aniline
Methyl heptyl ketone
Methyl methacrylate
Methylcyclopentadiene dimer
Methyl naphthalene (molten)
3‑Methylpyridine
Methyl salicylate
alpha‑Methylstyrene
Motor fuel anti‑knock compounds (containing lead alkyls)
Naphthalene (molten)
Naphthenic acids
Neodecanoic acid
Nitrating acid (mixture of sulphuric and nitric acids)
Nitrobenzene
o‑Nitrophenol (molten)
o‑ or p‑Nitrotoluenes
Nonene (all isomers)
Nonyl phenol
Nonyl phenol poly(4‑12) ethoxylates
Noxious liquid, N.F, (1) n.o.s. (trade name ..., contains ... ) S.T.1, Cat.A*
Noxious liquid, F, (2) n.o.s. (trade name ..., contains ... ) S.T.1, Cat.A*
Noxious liquid, N.F, (3) n.o.s. (trade name ..., contains ... ) S.T.2, Cat.A*
Noxious liquid, F, (4) n.o.s. (trade name ..., contains ... ) S.T.2, Cat.A*
Noxious liquid, N.F, (5) n.o.s. (trade name ..., contains ... ) S.T.2, Cat.B*
Noxious liquid, N.F, (6) n.o.s. (trade name ..., contains ... ) S.T.2, Cat.B*, mp
Noxious liquid, F, (7) n.o.s. (trade name ..., contains ... ) S.T.2, Cat.B*
Noxious liquid, F, (8) n.o.s. (trade name ..., contains ... ) S.T.2, Cat.B*, mp
Noxious liquid, N.F, (9) n.o.s. (trade name ..., contains ... ) S.T.3, Cat.A*
Noxious liquid, F, (10) n.o.s. (trade name ..., contains ... ) S.T.3, Cat.A*
Noxious liquid, N.F, (11) n.o.s. (trade name ..., contains ... ) S.T.3, Cat.B*
Noxious liquid, N.F, (12) n.o.s. (trade name ..., contains ... ) S.T.3, Cat.B*, mp
Noxious liquid, F, (13) n.o.s. (trade name ..., contains ... ) S.T.3, Cat.B*
Noxious liquid, F, (14) n.o.s. (trade name ..., contains ... ) S.T.3, Cat.B*, mp
Octene (all isomers)
Octyl aldehydes
Olefin mixtures (C5‑C15)
alpha‑Olefins (C6‑C18) mixtures
Oleum
Oleylamine
Palm kernel acid oil
Pentachloroethane
Perchloroethylene
Phosphorus, yellow or white
Phthalic anhydride (molten)
alpha‑Pinene
beta‑Pinene
Poly(2+)cyclic aromatics
Polyethylene polyamines
Polyolefin amide alkeneamine (C28+)
Polyolefin amide alkeneamine borate (C28‑C250)
Polyolefin amide alkeneamine polyol
Polyolefinamine in aromatic solvent
Polyolefinamine in alkyl (C2‑C4) benzenes
Polyolefin ester (C28‑C250)
beta‑Propiolactone
Propionitrile
n‑Propylamine
Propylbenzene (all isomers)
Propylene trimer
Propylene oxide
Propylene tetramer
Rosin soap (disproportionated) solution
Rosin
Sodium sulphide solution (15% or less)
Sodium dichromate solution (70% or less)
Sodium hydrogen sulphide (6% or less)/Sodium carbonate (3% or less) solution
Sodium hydrosulphide solution (45% or less)
Sodium hydrosulphide/Ammonium sulphide solution
Sodium petroleum sulfonate
Sodium nitrite solution
Sodium thiocyanate solution (56% or less)
Styrene monomer
Sulpho hydrocarbon long chain (C18+) alkylamine mixture
Sulphuric acid
Sulphuric acid, spent
Tall oil (crude and distilled)
Tall oil fatty acid (resin acids less than 20%)
Tall oil soap (disproportionated) solution
Tall oil fatty acid, barium salt
Tetrachloroethane
Tetramethylbenzene (all isomers)
Toluene
Toluene diisocyanate
Toluenediamine
o‑Toluidine
Tributyl phosphate
1,2,4‑Trichlorobenzene
Trichloroethylene
Tricresyl phosphate (containing 1% or more ortho‑isomer)
Tricresyl phosphate (containing less than 1% ortho‑isomer)
Triethylamine
Triethylbenzene
Triethylenetetramine
Triethylphosphite
Triisopropylated phenyl phosphates
Trimethylamine solution (30% or less)
Trimethylbenzene (all isomers)
Trimethylhexamethylene diisocyanate (2,2,4‑ and 2,4,4‑isomers)
Trixylyl phosphate
Turpentine
Undecanoic acid
1‑Undecene
Undecyl alcohol
Vinyl neodecanoate
Vinylidene chloride
Vinyltoluene
White spirit, low (15‑20%) aromatic
Xylenes
Xylenol
Zinc alkaryl dithiophosphate (C7‑C16)
Zinc alkyl dithiophosphate (C3‑C14)
APPENDIX 3
HARMFUL SUBSTANCES IN PACKAGED FORM
Aldrin
Azinphos‑ethyl
Azinphos‑methyl
gamma‑BHC
Binapacryl
Brodifacoum
Bromophos‑ethyl
Cadmium compound
Camphechlor
Carbophenothion
Chlordane
Chlorinated paraffin (C10‑C13)
Chlorophenolates, liquid
Chlorophenolates, solid
Chlorpyriphos
Chlorthiophos
Copper cyanide
Copper metal powder
Coumaphos
Cresyl diphenylphosphate
Cupric cyanide
Cupric sulphate
1,5,9‑Cyclododecatriene
Cyhexatin
Cymenes (ortho‑; meta‑; para‑)
Cymol
Cypermethrin
DDT
Dialifos
Diazinon
Dichlofenthion
Dichlorvos
Dieldrin
Dimethoate
Diphenylaminechloroarsine
Diphenylchloroarsine, liquid
Diphenylchloroarsine, solid
Dodecylphenol
Endosulfan
Endrin
EPN
Esfenvalerate
Ethion
Fenbutatin oxide
Fenitrothion
Fenpropathrin
Fenthion
Fentin acetate
Fentin hydroxide
Fonofos
Heptachlor
Hexachlorobutadiene
Hexachloro‑1,3‑butadiene
1,3‑Hexachlorobutadiene
Isopropyltoluene
Isopropyltoluol
Isoxathion
Lindane
Mercuric acetate
Mercuric ammonium chloride
Mercuric arsenate
Mercuric benzoate
Mercuric bisulphate
Mercuric bromide
Mercuric chloride
Mercuric cyanide
Mercuric gluconate
Mercuric nitrate
Mercuric oleate
Mercuric oxide
Mercuric oxycyanide, desensitized
Mercuric potassium cyanide
Mercuric sulphate
Mercuric thiocyanate
Mercurol
Mercurous acetate
Mercurous bisulphate
Mercurous bromide
Mercurous chloride
Mercurous nitrate
Mercurous salicylate
Mercurous sulphate
Mercury acetate
Mercury ammonium chloride
Mercury‑based pesticide, liquid, flammable, toxic, flashpoint less than 23deg.C c.c.
Mercury‑based pesticide, liquid, toxic
Mercury‑based pesticide, liquid, toxic, flammable, flashpoint between 23deg.C and 61deg.C c.c.
Mercury‑based pesticide, solid, toxic
Mercury benzoate
Mercury bichloride
Mercury bisulphate
Mercury bromides
Mercury compound, liquid, n.o.s.
Mercury compound, solid, n.o.s.
Mercury(ii) (mercuric) compounds or Mercury(i)(mercurous) compounds
Mercury cyanide
Mercury gluconate
Mercury nucleate
Mercury oleate
Mercury oxide
Mercury oxycyanide, desensitized
Mercury potassium cyanide
Mercury potassium iodide
Mercury salicylate
Mercury sulphate
Mercury thiocyanate
Methylpropylbenzenes
Mevinphos
Nickel carbonyl
Nickel cyanide
Nickel tetracarbonyl
Organotin compound, liquid, n.o.s.
Organotin compound, solid, n.o.s.
Organotin compounds
(pesticides)
Organotin pesticide, liquid, flammable, toxic, flashpoint less than 23deg.C c.c.
Organotin pesticide, liquid, toxic
Organotin pesticide, liquid, toxic, flammable, flashpoint between 23deg.C and 61deg.C c.c.
Organotin pesticide, solid, toxic
Osmium tetroxide
Parathion
Parathion‑methyl
PCB’s
Pentachlorophenol
Phenarsazine chloride
Phenthoate
Phenylmercuric acetate
Phenylmercuric compound, n.o.s.
Phenylmercuric hydroxide
Phenylmercuric nitrate
Phorate
Phosalone
Phosphamidon
Phosphorus, white, dry
Phosphorus, white, molten
Phosphorus, white, under water
Phosphorus, yellow, dry
Phosphorus, yellow, molten
Phosphorus, yellow, under water
Polychlorinated biphenyls
Polyhalogenated biphenyls, liquid
Polyhalogenated biphenyls, solid
Polyhalogenated ter‑phenyls, liquid
Polyhalogenated ter‑phenyls, solid
Potassium cuprocyanide
Potassium cyanocuprate
Potassium cyanomercurate
Potassium mercuric iodide
Pyrazophos
Quizalofop
Quizalofop‑p‑ethyl
Sodium copper cyanide, solid
Sodium copper cyanide, solution
Sodium cuprocyanide, solid
Sodium cuprocyanide, solution
Sodium pentachlorophenate
Sulprophos
White phosphorus, dry
White phosphorus, wet
Yellow phosphorus, dry
Yellow phosphorus, wet
Terbufos
Tetrachlorvinphos
APPENDIX 4
RADIOACTIVE MATERIALS
Radioactive materials which are transported in type B package, or as fissile materials, or under special arrangements, as covered by the provisions of schedule 10 to 13 of class 7 of the International Maritime Dangerous Goods Code.
APPENDIX 5
LIQUEFIED GASES CARRIED IN BULK
Acetaldehyde
Anhydrous ammonia
Chlorine
Dimethylamine
Ethyl chloride
Ethylene oxide
Hydrogen chloride, anhydrous
Hydrogen fluoride, anhydrous
Methyl bromide
Methyl chloride
Sulphur dioxide
Vinyl chloride monomer
Notes to the Protection of the Sea (Powers of Intervention) Act 1981
Note 1
The Protection of the Sea (Powers of Intervention) Act 1981 as shown in this compilation comprises Act No. 33, 1981 amended as indicated in the Tables below.
All relevant information pertaining to application, saving or transitional provisions prior to 1 October 2001 is not included in this compilation. For subsequent information see Table A.
Table of Acts
Act | Number | Date | Date of commencement | Application, saving or transitional provisions |
Protection of the Sea (Powers of Intervention) Act 1981 | 33, 1981 | 14 Apr 1981 | 5 Feb 1984 (see Gazette 1984, No. S31) |
|
Statutory Instruments (Tabling and Disallowance) Legislation Amendment Act 1988 | 99, 1988 | 2 Dec 1988 | 2 Dec 1988 | — |
Australian Maritime Safety Authority Act 1990 | 78, 1990 | 22 Oct 1990 | Ss. 35, 48, 62 and 63: 1 Jan 1991 | S. 63 |
Transport and Communications Legislation Amendment Act (No. 2) 1992 | 71, 1992 | 26 June 1992 | Part 8 (ss. 26–28): Royal Assent (a) | — |
Statute Law Revision Act 1996 | 43, 1996 | 25 Oct 1996 | Schedule 5 (items 121, 122): Royal Assent (b) | — |
Transport and Regional Services Legislation Amendment (Application of Criminal Code) Act 2001 | 143, 2001 | 1 Oct 2001 | 2 Oct 2001 | S. 4 [see Table A] |
International Maritime Conventions Legislation Amendment Act 2001 | 149, 2001 | 1 Oct 2001 | Schedule 2: Royal Assent (c) | — |
Protection of the Sea (Powers of Intervention) Amendment Act 2006 | 44, 2006 | 22 May 2006 | 23 May 2006 | — |
Protection of the Sea (Civil Liability for Bunker Oil Pollution Damage) (Consequential Amendments) Act 2008 | 77, 2008 | 12 July 2008 | Schedule 1 (item 6): 16 June 2009 (see s. 2(1)) | — |
Statute Law Revision Act 2010 | 8, 2010 | 1 Mar 2010 | Schedule 5 (item 83): Royal Assent | — |
(a) The Protection of the Sea (Powers of Intervention) Act 1981 was amended by Part 8 (sections 26–28) only of the Transport and Communications Legislation Amendment Act (No. 2) 1992, subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(b) The Protection of the Sea (Powers of Intervention) Act 1981 was amended by Schedule 5 (items 121 and 122) only of the Statute Law Revision Act 1996, subsection 2(1) of which provides as follows:
(1) Subject to subsections (2) and (3), this Act commences on the day on which it receives the Royal Assent.
(c) The Protection of the Sea (Powers of Intervention) Act 1981 was amended by Schedule 2 only of the International Maritime Conventions Legislation Amendment Act 2001, subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted | |
Provision affected | How affected |
S. 3.................... | am. No. 78, 1990; No. 71, 1992; No. 149, 2001; No. 44, 2006; No. 8, 2010 |
S. 3A................... | ad. No. 143, 2001 |
| rep. No. 44, 2006 |
S. 4.................... | am. No. 78, 1990; No. 44, 2006 |
Heading to s. 5............ | am. No. 44, 2006 |
S. 5.................... | am. No. 44, 2006 |
S. 7.................... | am. No. 43, 1996; No. 44, 2006 |
Note to s. 7(1)............. | ad. No. 44, 2006 |
Heading to s. 8............ | am. No. 44, 2006 |
S. 8.................... | am. No. 78, 1990; No. 44, 2006 |
Heading to s. 9............ | am. No. 44, 2006 |
S. 9.................... | am. No. 78, 1990; No. 44, 2006 |
Heading to s. 10........... | am. No. 44, 2006 |
Ss. 10, 11................ | am. No. 78, 1990; No. 44, 2006 |
S. 12................... | am. No. 43, 1996; No. 44, 2006 |
Heading to s. 14........... | am. No. 44, 2006 |
S. 14................... | am. No. 44, 2006 |
S. 15................... | am. No. 78, 1990 |
S. 17................... | am. No. 78, 1990; No. 44, 2006 |
S. 17A.................. | ad. No. 44, 2006 |
| am. No. 77, 2008 |
S. 17B.................. | ad. No. 44, 2006 |
Heading to s. 18........... | am. No. 44, 2006 |
S. 18................... | am. No. 78, 1990; No. 43, 1996; No. 44, 2006 |
S. 19................... | am. No. 44, 2006 |
S. 21................... | am. No. 44, 2006 |
Note to s. 21.............. | ad. No. 143, 2001 |
| am. No. 44, 2006 |
S. 22................... | rs. No. 44, 2006 |
S. 23................... | am. No. 78, 1990 |
S. 24................... | am. No. 99, 1988; No. 78, 1990 |
| rep. No. 44, 2006 |
Schedule 3............... | ad. No. 71, 1992 |
Schedule 4............... | ad. No. 149, 2001 |
Table A
Application, saving or transitional provisions
Transport and Regional Services Legislation Amendment (Application of Criminal Code) Act 2001 (No. 143, 2001)
(1) Each amendment made by this Act applies to acts and omissions that take place after the amendment commences.
(2) For the purposes of this section, if an act or omission is alleged to have taken place between 2 dates, one before and one on or after the day on which a particular amendment commences, the act or omission is alleged to have taken place before the amendment commences.