The International Convention for the Prevention of Pollution from Ships (MARPOL) includes regulations aimed at preventing both accidental pollution and pollution from routine vessel operations.
MARPOL includes six technical annexes:
- Annex I: Regulations for the prevention of pollution by oil
- Annex II: Regulations for the control of pollution by noxious liquid substances in bulk
- Annex III: Regulations for the prevention of pollution by harmful substances carried by sea in packaged form
- Annex IV: Regulations for the prevention of pollution by sewage from ships
- Annex V: Regulations for the prevention of pollution by garbage from ships
- Annex VI: Regulations for the prevention of air pollution from ships
Australia implements MARPOL through the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 and the Navigation Act 2012. Read the MARPOL convention.
The Protection of the Sea (Prevention of Pollution From Ships) Act 1983 includes a number of enforcement related provisions derived from the United Nations Convention on the Law of the Sea. These are:
- Extension of the application of the Act to the exclusive economic zone (EEZ) (section 6).
- Provisions which require foreign ships to provide information (section 26G).
- Detention of foreign ships suspected of involvement in pollution breaches. (The ship must be released on the posting of a bond or in the event of other circumstances arising as listed in the Act, section 27A).
- Provision that detention may include escorting a ship into port (subsection 27A(1A)).
- Provision to ensure that proceedings in Australia against a foreign ship for a pollution breach will be suspended if proceedings for the same pollution breach are taken in the flag state of the ship (subsection 29(2)).
- Provision of specific powers relating to inspection of ships in the EEZ which are suspected of having caused a pollution breach.
- A requirement for an Australian ship that is in the territorial sea or the EEZ of a foreign country to provide information required by that country to determine if a pollution breach has occurred (section 27C).
Implementation
The Commonwealth legislation giving effect to MARPOL is:
- Protection of the Sea (Prevention of Pollution From Ships) Act 1983
- Navigation Act 2012 (Chapter 4)
- Protection of the Sea (Prevention of Pollution From Ships) (orders) regulations
- Marine Order 91 (Marine pollution prevention—oil) 2014
- Marine Order 93 (Marine pollution prevention—noxious liquid substances) 2014
- Marine Order 94 (Marine pollution prevention—packaged harmful substances) 2014
- Marine Order 95 (Marine pollution prevention—garbage) 2013
- Marine Order 96 (Marine pollution prevention—sewage) 2013
- Marine Order 97 (Marine pollution prevention—air pollution) 2013.
State and territory legislation giving effect to MARPOL is:
- New South Wales—Marine Pollution Act 2012
- South Australia—Protection of Marine Waters (Prevention of Pollution From Ships) Act 1987
- Western Australia—Pollution of Waters by Oil and Noxious Substances Act 1987
- Tasmania—Marine-related Incidents (MARPOL Implementation) Act 2020
- Victoria—Pollution of Waters by Oil and Noxious Substances Act 1986
- Queensland—Transport Operations (Marine Pollution) Act 1995
- Northern Territory—Marine Pollution Act 1999.
| Annex I—oil | Annex II—chemicals | Annex III—packaged | Annex IV—sewage | Annex V—garbage | Annex VI—air pollution | |
|---|---|---|---|---|---|---|
| QLD | Yes | Yes | Yes | Yes | Yes | No |
| NSW | Yes | Yes | Yes | Yes | Yes | No |
| VIC* | Yes | No | No | No | Yes | No |
| TAS | Yes | Yes | Yes | Yes | Yes | No |
| SA | Yes | Yes | Yes | No | Yes | No |
| WA | Yes | Yes | No | No | No | No |
| NT | Yes | Yes | Yes | No | Yes | No |
*Operational aspects only
Annex IV of the Protocol on Environmental Protection to the Antarctic Treaty
The summary and text of this Protocol can be found at the Antarctic Treaty Committee for Environmental Protection website.
Entry into force: 14 January 1998 (International and for Australia)
Implementation
The Commonwealth legislation giving effect to the ship based pollution aspects of this Protocol is the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.