Protection of the Sea Legislation Amendment Act 2018

No. 40, 2018

An Act to amend the law relating to the protection of the sea, and for related purposes

Contents

1 Short title 1

2 Commencement 2

3 Schedules 2

Schedule 1—Main amendments 3

Protection of the Sea (Prevention of Pollution from Ships) Act 1983 3

Schedule 2—Other amendments 5

Protection of the Sea (Shipping Levy Collection) Act 1981 5

Protection of the Sea Legislation Amendment Act 2018

No. 40, 2018

An Act to amend the law relating to the protection of the sea, and for related purposes

[Assented to 22 May 2018]

The Parliament of Australia enacts:
1 Short title

This Act is the Protection of the Sea Legislation Amendment Act 2018.
2 Commencement 1

Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information Commencement information Commencement information
Column 1 Column 2 Column 3
Provisions Commencement Date/Details
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table The day this Act receives the Royal Assent. 22 May 2018
2. Schedule 1 The later of: (a) 1 March 2018; and (b) the day after this Act receives the Royal Assent. 23 May 2018 (paragraph (b) applies)
3. Schedule 2 The day after this Act receives the Royal Assent. 23 May 2018

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

 2

Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Schedules

Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Main amendments

Protection of the Sea (Prevention of Pollution from Ships) Act 1983

 1 After paragraph 26F(7)(d)

Insert:

 da

if the cargo residues are residues of solid bulk cargoes (except grain)—the master of the ship has a written declaration made by the shipper stating that:

 i

the solid bulk cargoes have been classified in accordance with the criteria mentioned in Appendix I of Annex V to the Convention; and

 ii

the solid bulk cargoes are not harmful to the marine environment;

 2 After paragraph 26F(8C)(c)

Insert:

 ca

if the garbage is cargo residues that are contained in cargo hold wash water and that are residues of solid bulk cargoes (except grain)—the master of the ship has a written declaration made by the shipper stating that:

 i

the solid bulk cargoes have been classified in accordance with the criteria mentioned in Appendix I of Annex V to the Convention; and

 ii

the solid bulk cargoes are not harmful to the marine environment;

 3 Paragraph 26F(8C)(f)

Omit “subparagraph 1.2.3”, substitute “subparagraph 1.2.5”.

 4 At the end of section 33

Add:

even if the instrument or other document does not exist when the regulations come into operation.

 4

(4) Despite Legislation Act 2003, the regulations may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other document:section 14 of the

a

as in force or existing at a particular time; or

 b

as in force or existing from time to time;

 5 Subsections 34(4), (5) and (6)

Omit “made pursuant to the regulations”.

 6 Subsection 34(8)

Repeal the subsection, substitute:

even if the instrument or other document does not exist when the order comes into operation.

 8

(8) Despite Legislation Act 2003, an order may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other document:section 14 of the

a

as in force or existing at a particular time; or

 b

as in force or existing from time to time;

 7 Application provision

The amendments of Protection of the Sea (Prevention of Pollution from Ships) Act 1983 made by this Schedule apply in relation to the discharge of garbage from a ship on or after the commencement of this item.section 26F of the

Other amendments

Protection of the Sea (Shipping Levy Collection) Act 1981

 1 Subsection 8(3)

Omit “by notice served on the master of the ship in such manner as is prescribed”, substitute “by written notice given to the master of the ship”.

[Minister’s second reading speech made in—

House of Representatives on 28 February 2018

Senate on 9 May 2018]

(17/18)