Transport and Communications Legislation Amendment Act (No. 2) 1992

No. 71 of 1992

TABLE OF PROVISIONS

PART 1—PRELIMINARY

TABLE OF PROVISIONS—continued

TABLE OF PROVISIONS—continued

SCHEDULE 1

ADDITIONAL SCHEDULES TO THE AIR NAVIGATION ACT 1920

SCHEDULE 2

SCHEDULE TO BE ADDED AT THE END OF THE PROTECTION OF THE SEA (POWERS OF INTERVENTION) ACT 1981

SCHEDULE 3

ANNEX TO BE SUBSTITUTED FOR ANNEX III TO THE CONVENTION SET OUT IN SCHEDULE 1 TO THE PROTECTION OF THE SEA (PREVENTION OF POLLUTION FROM SHIPS) ACT 1983

SCHEDULE 4

SCHEDULE TO BE ADDED AT THE END OF THE PROTECTION OF THE SEA (PREVENTION OF POLLUTION FROM SHIPS) ACT 1983

SCHEDULE 5

SCHEDULES TO BE INSERTED IN THE PROTECTION OF THE SEA (PREVENTION OF POLLUTION FROM SHIPS) ACT 1983

SCHEDULE 6

SCHEDULE TO BE ADDED AT THE END OF THE PROTECTION OF THE SEA (PREVENTION OF POLLUTION FROM SHIPS) ACT 1983

Transport and Communications Legislation Amendment Act (No. 2) 1992

No. 71 of 1992

An Act to amend various Acts relating to matters dealt with by the Department of Transport and Communications

[Assented to 26 June 1992]

The Parliament of Australia enacts:

PART 1—PRELIMINARY

Short title

1. This Act may be cited as the Transport and Communications Legislation Amendment Act (No. 2) 1992.

Commencement

2.(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.

(2)     Sections 18 and 23 are taken to have commenced on 1 July 1991.

(3)     Sections 20 and 22 are taken to have commenced immediately after the commencement of the Federal Airports Corporation Act 1986.

(4)     Part 7 is taken to have commenced immediately after the commencement of Part 5 of the Industrial Relations Legislation Amendment Act (No. 3) 1991.

(5)     Subsection 30(2), sections 32 and 43 and subsection 44(3) commence on 4 April 1993.

(6)     Subsection 30(3), sections 36 to 42 (inclusive) and subsection 44(4) commence on a day to be fixed by Proclamation, being the day on which the Protocol on Environmental Protection to the Antarctic Treaty (being the Protocol a copy of the English text of which, apart from Annexes I, II, III and V to it, is set out in the Schedule set out in Schedule 6) enters into force.

(7)     Sections 33, 34 and 35 commence immediately after the commencement of section 26 of the Protection of the Sea Legislation Amendment Act 1986.

(8)     Subsection 44(1) commences on 1 July 1992.

(9)     Part 11 is taken to have commenced immediately after the commencement of section 26 of the Transport and Communications Legislation Amendment Act 1990.

PART 2—AMENDMENTS OF THE AIR NAVIGATION ACT 1920

Principal Act

3. In this Part, "Principal Act" means the Air Navigation Act 19201.

Approval of ratification of Chicago Convention etc.

4. Section 3A of the Principal Act is amended:

Texts of Chicago Convention etc.

5. Section 4 of the Principal Act is amended by omitting "and 10" and substituting ", 10, 11 and 12".

New Schedules

6. The Principal Act is amended by adding at the end the Schedules set out in Schedule 1 to this Act.

PART 3—AMENDMENTS OF THE AUSTRALIAN MARITIME SAFETY AUTHORITY ACT 1990

Principal Act

7. In this Part, "Principal Act" means the Australian Maritime Safety Authority Act 19902.

Functions of Authority

8. Section 6 of the Principal Act is amended:

(a) by inserting after paragraph (1)(c) the following paragraph:

(b) by adding at the end the following subsection:

"(4) The Authority must not perform any of its functions otherwise than for a purpose in respect of which the Parliament has the power to make laws.".

PART 4—AMENDMENTS OF THE AUSTRALIAN POSTAL CORPORATION ACT 1989

Principal Act

9. In this Part, "Principal Act" means the Australian Postal Corporation Act 19893.

Extension of Act to certain external Territories

10. Section 8 of the Principal Act is amended by omitting ", Christmas Island and Cocos (Keeling) Islands".

Extension of Act to adjacent areas

11. Section 9 of the Principal Act is amended by omitting from the definition of "Territory" in subsection (4) ", Christmas Island or Cocos (Keeling) Islands".

Community service obligations

12. Section 27 of the Principal Act is amended by omitting subsection (5) and substituting the following subsection:

"(5) In this section:

'Australia' includes Christmas Island and Cocos (Keeling) Islands, but does not include any other external Territory to which this Act extends.".

PART 5—AMENDMENTS OF THE CIVIL AVIATION ACT 1988

Principal Act

13. In this Part, "Principal Act" means the Civil Aviation Act 19884.

Flying unregistered aircraft etc.

14. Section 20AA of the Principal Act is amended:

Offence related warrants

15. Section 32AF of the Principal Act is amended by inserting in paragraph (4)(b) "or" after "night" (first occurring).

Reimbursement of cost of complying with directions

16. Section 48 of the Principal Act is amended by omitting subsection (3) and substituting the following subsection:

"(3) This section does not apply to a direction of the Minister:

(b)     made under section 47 or 56.".

Cessation of lien

17.    Section 75 of the Principal Act is amended by inserting in subsection (1) ", and only if" after "If".

18.    Part VI of the Principal Act is amended by adding at the end the following Division:

"Division 3—Provisions relating to the Authority's liability to pay income tax

Interpretation

"83A. In this Division:

'Assessment Act' means the Income Tax Assessment Act 1936.

Commencement of the Authority's liability to pay income tax

"83B. Income derived by the Authority in a year of income commencing before 1 July 1991 is exempt income for the purposes of the Assessment Act.

Value of trading stock for income tax purposes

"83C.(1) For the purpose of ascertaining under Subdivision B of Division 2 of Part III of the Assessment Act the value to be taken into account at the beginning of the year of income commencing on 1 July 1991 in relation to the Authority's trading stock on hand at that time, the Authority may, in accordance with subsection (2), exercise any option, and give any notice, in relation to the value of its trading stock on hand at the end of the preceding year of income.

"(2) The option or notice is to be exercised or given in accordance with the requirements of Subdivision B of Division 2 of Part III of the Assessment Act on or before the day of lodgment of the Authority's return of income for the year of income commencing on 1 July 1991 or before such later day as the Commissioner of Taxation allows.

"(3) If the Authority does not exercise an option under subsection (1) in relation to particular trading stock, the value to be taken into account in accordance with that subsection in relation to that trading stock is to be the cost price.

"(4) If the Authority, under Subdivision B of Division 2 of Part III of the Assessment Act, adopts cost price as the basis of valuation in relation to any of its trading stock on hand at the end of the year of income commencing on 1 July 1991 that was on hand at the end of the preceding year of income, the cost price of that trading stock is to be taken to be equal to the value at which the trading stock was taken into account in accordance with subsection (1).

Accelerated depreciation not available for income tax purposes

"83D. Section 57AL of the Assessment Act, as in force immediately after the commencement of section 38 of the Taxation Laws Amendment Act (No. 4) 1988, does not apply in relation to any unit of property of the Authority.

Transitional provisions for capital gains tax

"83E.(1) If:

the following provisions have effect for the purpose of working out under Part IIIA of the Assessment Act whether a capital gain accrues in the event of a subsequent disposal of the asset by it:

"(2) If the asset is disposed of within 12 months of its acquisition by the Authority, subsection (1) has effect as if the references in that subsection to the indexed cost base to the Authority in relation to the asset were references to the cost base to the Authority in relation to the asset.

"(3) If:

(a)     the Authority owned an asset at the changeover time; and

the following provisions have effect for the purpose of working out under Part IIIA of the Assessment Act whether the Authority incurred a capital loss in the event of a subsequent disposal of the asset by it:

"(4) For the purposes of this section, in the case of an asset that was acquired by the Commonwealth and transferred to the Authority for no consideration:

(a)     the cost base to the Authority in relation to the asset; and

(c) the reduced cost base to the Authority in relation to the asset; are to be worked out as if the asset had at all relevant times been an asset of the Authority and anything done by the Commonwealth in relation to the asset had been done by the Authority.

"(5) An asset of the Authority that was acquired by the Commonwealth before 20 September 1985 and transferred to the Authority is taken, for the purposes of Part IIIA of the Assessment Act, to have been acquired by the Authority before that date.

"(6) Unless the contrary intention appears, expressions used in this section, and in Part IIIA of the Assessment Act, have the same respective meanings as in that Part.".

PART 6—AMENDMENTS OF THE FEDERAL AIRPORTS CORPORATION ACT 1986

Principal Act

19. In this Part, "Principal Act" means the Federal Airports Corporation Act 19865.

Interpretation

20. Section 3 of the Principal Act is amended by inserting in subsection (1) the following definitions:

" 'currency contract' means:

(a)     a forward exchange rate contract; or

(b)     a contract with respect to currency futures;

'futures contract' means:

(a)     a deferred delivery contract; or

(b)     a contract with respect to financial futures; or

(c)     a contract with respect to commodity futures;".

Reimbursement of cost of complying with directions

21. Section 42 of the Principal Act is amended:

(c) by inserting after subsection (1) the following subsection:

"(1A) Subsection (1) does not apply to a direction given under subsection 41(2) if:

(b)     it is a direction requiring the Corporation:

22. After section 54A of the Principal Act the following section is inserted:

Hedging through currency contracts etc.

"54AB.(1) Subject to subsection (4), the Corporation may enter into and deal with contracts to which this section applies for hedging purposes in relation to:

(b)     an investment of money by the Corporation; or

(c)     commodity purchases by the Corporation.

Note: For 'contracts to which this section applies', see subsection (6).

"(2) The Minister may, by written determination, set guidelines for the exercise by the Corporation of its power under subsection (1) and must give the Corporation a copy of each determination made.

"(3) Without limiting subsection (2), the guidelines may provide that:

"(4) The Corporation must not enter into or deal with a contract to which this section applies contrary to any guidelines in force under subsection (2).

"(5) A contract is taken to be entered into or dealt with for hedging purposes only if the contract is entered into or dealt with for the purposes of:

(a) reducing the risk of adverse variations in:

(b) maintaining the value of:

(i) investments made by the Corporation; or

"(6) This section applies to contracts of the following kinds:

(a)     currency contracts;

(b)     interest rate contracts;

(c)     futures contracts;

(d)     contracts relating to:

(i) dealings known as currency swaps; or

(ii) dealings known as interest rate swaps; or

(iii) dealings known as commodity swaps;

(f)      options (including futures options);

(g)     contracts of a kind approved in writing by the Minister.".

23. After Part VI of the Principal Act the following Part is inserted:

"PART VIA—PROVISIONS RELATING TO THE CORPORATION'S LIABILITY TO PAY INCOME TAX

Interpretation

"57A. In this Part:

'Assessment Act' means the Income Tax Assessment Act 1936.

Commencement of the Corporation's liability to pay income tax

"57B. Income derived by the Corporation in a year of income commencing before 1 July 1991 is exempt income for the purposes of the Assessment Act.

Accelerated depreciation not available for income tax purposes

"57C. Section 57AL of the Assessment Act, as in force immediately after the commencement of section 38 of the Taxation Laws Amendment Act (No. 4) 1988, does not apply in relation to any unit of property of the Corporation.

Capital gains tax

"57D.(1) If:

the following provisions have effect for the purpose of working out under Part IIIA of the Assessment Act whether a capital gain accrues in the event of a subsequent disposal of the asset by it:

"(2) If the asset is disposed of within 12 months of its actual acquisition by the Corporation, subsection (1) has effect as if the references in that subsection to the indexed cost base to the Corporation in relation to the asset were references to the cost base to the Corporation in relation to the asset.

"(3) If:

(a)     the Corporation owned an asset at the changeover time; and

the following provisions have effect for the purpose of working out under Part IIIA of the Assessment Act whether the Corporation incurred a capital loss in the event of a subsequent disposal of the asset by it:

"(4) Part IIIA of the Assessment Act does not apply in relation to: (a) the disposal of an asset of the Corporation that was acquired

by the Commonwealth before 20 September 1985 and transferred to, or vested in, the Corporation; or

"(5) Unless the contrary intention appears, expressions used in this section, and in Part IIIA of the Assessment Act, have the same respective meanings as in that Part.

Land and buildings etc.

"57E.(1) For the avoidance of doubt, land that under section 28 is vested in the Corporation is taken, for the purposes of the Assessment Act, to be owned by the Corporation.

"(2) If:

buildings and any other fixtures on the land so leased are taken, for the purposes of the Assessment Act, to be owned by the Corporation.

Superannuation payments

"57F. For the purposes of section 82AAC of the Assessment Act, a payment made by the Corporation to the Commonwealth under arrangements made for the purposes of paragraph 87J(8)(b) of the Public Service Act 1922 is taken to be a contribution to a fund for the purpose mentioned in paragraph 82AAC(1)(a) of the Assessment Act, being a fund that is an eligible superannuation fund, within the meaning of Part IX of the Assessment Act, in relation to the year of income of the fund in which the payment is made.".

PART 7—AMENDMENT OF THE NAVIGATION ACT 1912

Principal Act

24. In this Part, "Principal Act" means the Navigation Act 19126.

Regulations relating to accommodation

25. Section 136 of the Principal Act is amended by omitting from paragraph (2)(b) "Industrial" and substituting "International".

PART 8—AMENDMENTS OF THE PROTECTION OF THE SEA (POWERS OF INTERVENTION) ACT 1981

Principal Act

26. In this Part, "Principal Act" means the Protection of the Sea (Powers of Intervention) Act 19817.

Interpretation

27. Section 3 of the Principal Act is amended by adding at the end of the definition of "Protocol" in subsection (1) "as affected by the resolution of the Marine Environment Protection Committee (adopted on 4 July 1991) revising the list of substances to be annexed to the Protocol (a copy of the English text of which is set out in Schedule 3).

New Schedule

28. The Principal Act is amended by adding at the end the Schedule set out in Schedule 2 to this Act.

PART 9—AMENDMENTS OF THE PROTECTION OF THE SEA (PREVENTION OF POLLUTION FROM SHIPS) ACT 1983

Principal Act

29. In this Part, "Principal Act" means the Protection of the Sea (Prevention of Pollution from Ships) Act 19838.

Interpretation

30.(1) Section 3 of the Principal Act is amended by inserting after paragraph (ad) of the definition of "the 1978 Protocol" in subsection (1) the following paragraph:

(2) Section 3 of the Principal Act is amended by inserting after paragraph (ae) of the definition of "the 1978 Protocol" in subsection (1) the following paragraphs:

(3) Section 3 of the Principal Act is amended by inserting in subsection (1) the following definitions:

" 'Antarctic Area' means the sea area south of 60° south latitude;

'Antarctic Protocol' means the Protocol on Environmental Protection to the Antarctic Treaty (a copy of the English text of which, apart from Annexes I, II, III and V to it, is set out in Schedule 12);

Prohibition of discharge of oil or oily mixtures into sea

31.     Section 9 of the Principal Act is amended by inserting in paragraph (4)(h) "(other than the Antarctic Area)" after "special area".

32.     After section 11 of the Principal Act the following section is inserted:

Shipboard oil pollution emergency plan

"11A.(1) This section applies to:

"(2) In this section:

'prescribed incident', in relation to a ship, has the same meaning as in section 11.

"(3) There must be kept on board a ship to which this section applies a shipboard oil pollution emergency plan written in the working language of the master of, and the officers on board, the ship.

"(4) A shipboard oil pollution emergency plan must be in accordance with the prescribed form and set out the following particulars:

"(5) The procedure referred to in paragraph (4)(a) must be in accordance with the regulations prescribing, for the purposes of subsection 11(1), the manner in which a prescribed incident is to be notified.

"(6) Subsection (4) does not prevent other relevant particulars from being included in the shipboard oil pollution emergency plan.

"(7) If a ship to which this section applies does not have on board a shipboard oil pollution emergency plan, the master of the ship and the owner of the ship are each guilty of an offence punishable on conviction by a fine not exceeding $50,000.".

Interpretation

33. Section 26A of the Principal Act is amended by omitting subsection (1) and substituting the following subsection:

"(1) In this Part:

'harmful substance' means a substance which is identified as a marine pollutant in the International Maritime Dangerous Goods (IMDG) Code;

'packaged form' means a form of containment specified for harmful substances in the International Maritime Dangerous Goods (IMDG) Code.".

Repeal

34. Section 26AA of the Principal Act is repealed.

Prohibition of discharge by jettisoning of harmful substances into the sea

35.     Section 26AB of the Principal Act is amended by omitting from subsection (1) "or in a freight container, portable tank or road and rail tank wagon".

36.     After section 26B of the Principal Act the following Division and heading are inserted in Part IIIB:

"Division 1—Discharge of sewage in the Antarctic Area

Interpretation

"26BA. Unless the contrary intention appears, an expression that is used in this Division and in Annex IV of the Antarctic Protocol (whether or not a particular meaning is given to it by that Annex) has, in this Division, the same meaning as in that Annex.

Object of Division

"26BB. The object of this Division is to give effect to Australia's obligations regarding the discharge of sewage in the Antarctic Area under Annex IV of the Antarctic Protocol.

Prohibition of discharge of sewage

"26BC.(1) Subject to subsections (2) to (4) (inclusive), if any discharge of untreated sewage occurs from a ship (other than a ship certified to carry not more than 10 persons) into the sea in the Antarctic Area, the master of the ship and the owner of the ship are each guilty

of an offence punishable, upon conviction, by a fine not exceeding $200,000.

"(2) Subsection (1) does not apply to the discharge of sewage from a foreign ship unless the discharge occurs in the sea near the Australian Antarctic Territory.

"(3) Subsection (1) does not apply if the sewage was discharged for the purpose of:

(b)     saving life at sea.

"(4) Without limiting the generality of subsection (3), subsection (1) does not apply to the discharge of sewage from a ship if:

(a)     the sewage was stored in a holding tank; and

"(5) In proceedings for an offence against subsection (1) in relation to a ship, it is sufficient for the prosecution to allege and prove that a discharge of sewage occurred from the ship into the sea in the Antarctic Area, but it is a defence if it is proved that, because of subsection (2), (3) or (4), subsection (1) does not apply in relation to the discharge.

"Division 2—Discharge of sewage in other sea areas".

Interpretation

37. Section 26C of the Principal Act is amended:

(b)    by adding at the end the following subsection:

"(2) In this Division:

'sea' does not include the sea in the Antarctic Area.".

38. After section 26C of the Principal Act the following section is inserted:

Object of Division

"26CA. The object of this Division is to give effect to Australia's obligations regarding the discharge of sewage into the sea under Annex IV of the Convention.".

Operation of Division

39. Section 26DA is amended by omitting "Part" and substituting "Division".

Interpretation

40. Section 26E of the Principal Act is amended by adding at the end the following subsection:

"(2) Unless the contrary intention appears, an expression that is used in subsection 26F(8A) and in Annex IV to the Antarctic Protocol (whether or not a particular meaning is given by that Protocol) has, in that subsection, the same meaning as in that Annex.".

41. After section 26E of the Principal Act the following section is inserted:

Object of Part

"26EA. The object of this Part is to give effect to Australia's obligations:

Prohibition of disposal of garbage into the sea

42. Section 26F of the Principal Act is amended:

(b)    by inserting after subsection (8) the following subsection:

"(8A) Without limiting the generality of subsection (5), subsection (1) does not apply to the disposal of garbage, being food wastes, from a ship into the sea in the Antarctic Area if:

(c) by inserting in subsection (12) ", (8A)" after "(8)".

Application of certain provisions to foreign ships

43. Section 32 of the Principal Act is amended:

(a) by inserting after subsection (1) the following subsection:

"(1A) Subject to subsection (2), the regulations may provide that any of the provisions of this Act relating to the keeping of

a shipboard oil pollution emergency plan on board of Australian ships apply, with any modifications or exceptions that are prescribed, to foreign ships:

(a)     in a port in Australia; or

(b)     in the territorial sea of Australia; or

Schedules

44.(1) Schedule 1 to the Principal Act is amended by omitting from the text of the convention set out in that Schedule the text of Annex III to that convention and substituting the Annex set out in Schedule 3 to this Act.

(2)     The Principal Act is amended by adding at the end the Schedule set out in Schedule 4 to this Act.

(3)     The Principal Act is amended by inserting after Schedule 9 the Schedules set out in Schedule 5 to this Act.

(4)     The Principal Act is amended by adding at the end the Schedule set out in Schedule 6 to this Act.

PART 10—AMENDMENTS OF THE TELECOMMUNICATIONS ACT 1991

Principal Act

45. In this Part, "Principal Act" means the Telecommunications Act 19919.

Applications for general telecommunications licences and certain public mobile licences

46. Section 56 of the Principal Act is amended by omitting subsection (1) and substituting the following subsections:

"(1) An eligible corporation may apply to the Minister, in a manner and form approved by the Minister, for a general telecommunications licence.

"(1A) An eligible corporation:

may apply to the Minister, in a manner and form approved by the Minister, for a public mobile licence.".

47. After section 57 of the Principal Act the following section is inserted:

Allocation system for certain public mobile licences

"57A.(1) The Minister is to determine, in writing, an allocation system for the purpose of granting public mobile licences to eligible corporations, other than eligible corporations to which subsection 56(1A) applies.

"(2) Without limiting the operation of subsection (1), an allocation system may:

"(3) The Minister may vary or revoke a determination made under subsection (1).

"(4) The Minister may grant, or refuse to grant, a public mobile licence to an eligible corporation, other than an eligible corporation to which subsection 56(1A) applies, in accordance with a system determined under subsection (1).

"(5) The Minister must cause a copy of each licence to be laid before each House of the Parliament within 15 sitting days of that House after the licence is granted, but failure to do so does not affect the validity of a licence.".

Agreement with carrier about licences

48.     Section 70 of the Principal Act is amended by inserting in paragraph (1)(a) "or 57A" after "57".

49.     After Division 5 of Part 5 of the Principal Act, the following Division is inserted:

"Division 5A—Collection and recovery of public mobile licence charge

Definition

"87A. In this Division:

'charge' means the charge imposed by section 4 of the Telecommunications (Public Mobile Licence Charge) Act 1992.

When charge is payable

"87B.(1) Subject to subsection (2), charge is to be paid at the time a public mobile licence is granted under section 57A.

"(2) The Minister may determine, in writing, that charge is to be paid:

(a)     on a day determined by the Minister; or

"(3) The Minister may vary a determination made under subsection (2).

Unpaid charge is a debt due to Commonwealth

"87C. An amount of charge that is payable but has not been paid may be recovered in a court of competent jurisdiction as a debt due to the Commonwealth.".

A general carrier may replace, repair and maintain facilities etc.

50. Section 131 of the Principal Act is amended by omitting from subsection (3) "power" and substituting "owner".

Dominant carrier not to discriminate between acquirers of telecommunications services

51. Section 183 of the Principal Act is amended by adding at the end the following subsection:

"(3) Subsection (1) does not apply in relation to discrimination by a carrier in favour of:

Basic carriage service must be tariffed if supplied to a person other than a carrier

52. Section 194 of the Principal Act is amended by adding at the end the following subsection:

"(3) Subsection (1) does not apply in relation to such basic carriage services, or in such circumstances, (if any) as are prescribed.".

53. After section 402 of the Principal Act the following section is inserted:

Person not to use protected name or protected symbol

"402A.(1) A person must not, unless AUSTEL consents in writing:

(d)     use in relation to:

(i) goods or services; or

either:

Penalty: $3,000.

"(2) Nothing in subsection (1) limits anything else in that subsection.

"(3) Nothing in subsection (1), so far as it applies in relation to a protected name or in relation to the protected symbol, affects rights conferred by law on a person in relation to:

(b)     a design that is registered under the Designs Act 1906;

and was so registered immediately before the commencement of Part 10 of the Transport and Communications Legislation Amendment Act (No. 2) 1992 in relation to the name or symbol.

"(4) Nothing in this section, so far as it applies to a protected name or in relation to the protected symbol, affects the use, or rights conferred by law relating to the use, of the name or symbol by a person in a particular manner if, immediately before the commencement of Part 10 of the Transport and Communications Legislation Amendment Act (No. 2) 1992, the person:

"(5) This section does not apply to a person who uses or applies a protected name or the protected symbol for the purpose of labelling customer equipment in accordance with a permit in force under subsection 258(1).

"(6) In this section:

'protected name' means:

(a)     'AUSTEL'; or

(b)     'Australian Telecommunications Authority';

'protected symbol' means the official symbol of AUSTEL, the design of which is set out in the regulations.".

PART 11—AMENDMENT OF THE TRANSPORT AND COMMUNICATIONS LEGISLATION AMENDMENT ACT 1990

Principal Act

54. In this Part, "Principal Act" means the Transport and Communications Legislation Amendment Act 199010.

Interpretation

55. Section 26 of the Principal Act is amended by omitting "Section 3" and substituting "Section 5".

SCHEDULE 1 Section 6

ADDITIONAL SCHEDULES TO THE AIR NAVIGATION ACT 1920

SCHEDULE 11 Section 4

PROTOCOL

relating to an amendment to Article 56 of the Convention on International Civil Aviation

Signed at Montreal on 6 October 1989

HAVING MET in its Twenty-seventh Session at Montreal on 6 October 1989,

HAVING NOTED that it is the general desire of Contracting States to enlarge the membership of the Air Navigation Commission,

HAVING CONSIDERED it proper to increase the membership of that body from fifteen to nineteen, and

HAVING CONSIDERED it necessary to amend, for the purpose aforesaid, the Convention on International Civil Aviation done at Chicago on the seventh day of December 1944,

"In Article 56 of the Convention the expression 'fifteen members' shall be replaced by 'nineteen members'."

SCHEDULE 1—continued

CONSEQUENTLY, pursuant to the aforesaid action of the Assembly,

This Protocol has been drawn up by the Secretary General of the Organization.

SCHEDULE 1—continued

SCHEDULE 12 Section 4

PROTOCOL

relating to an amendment to Article 50(a) of the Convention on International Civil Aviation

Signed at Montreal on 26 October 1990

"In Article 50(a) of the Convention the second sentence shall be amended by replacing 'thirty-three' by 'thirty-six'.";

b)    The Protocol shall be open to ratification by any State which

SCHEDULE 1—continued

has ratified or adhered to the said Convention on International Civil Aviation.

CONSEQUENTLY, pursuant to the aforesaid action of the Assembly,

This Protocol has been drawn up by the Secretary General of the Organization.

SCHEDULE 2 Section 28

SCHEDULE TO BE ADDED AT THE END OF THE PROTECTION OF THE SEA (POWERS OF INTERVENTION) ACT 1981

SCHEDULE 3 Subsection 3(1)

RESOLUTION MEPC.49(31)

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,

SCHEDULE 2—continued

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

SCHEDULE 2—continued

Appendix 2

Noxious liquid substances carried in bulk

Acetone cyanohydrin

Acetic anhydride

Acrylonitrile

Alcohol (C12-C15) poly(l-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

SCHEDULE 2—continued

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, 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

SCHEDULE 2—continued

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

SCHEDULE 2—continued

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

SCHEDULE 2—continued

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

Chlorined paraffins (C10-C13)

Chlorophenates

Copper cyanide

Coumarin derivative pesticides as follows:

Brodifacoum

Coumaphos

Cresyl diphenyl phosphate

Cypermethrin

Diphenylamine chloroarsine

Diphenylchloroarsine

Dodecylphenol

Ethyldichloroarsine

Fenpropathrin

Hexachlorobutadienc

Mercuric arsenate

Mercuric chloride

Mercuric nitrate

SCHEDULE 2—continued

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

SCHEDULE 2—continued

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

SCHEDULE 2—continued

Dimethylamine

Ethyl chloride

Ethylene oxide

Hydrogen chloride, anhydrous

Hydrogen fluoride, anhydrous

Methyl bromide

Methyl chloride

Sulphur dioxide

Vinyl chloride monomer

SCHEDULE 3 Subsection 44(1)

ANNEX TO BE SUBSTITUTED FOR ANNEX III TO THE CONVENTION SET OUT IN SCHEDULE 1 TO THE PROTECTION OF THE SEA (PREVENTION OF POLLUTION FROM SHIPS) ACT 1983

ANNEX III

Regulations for the Prevention of Pollution by Harmful Substances Carried by Sea in Packaged Form

Regulation 1

Application

1 Unless expressly provided otherwise, the regulations of this Annex apply to all ships carrying harmful substances in packaged form.

1.1       For the purposes of this Annex, harmful substances are those substances which are identified as marine pollutants in the International Maritime Dangerous Goods Code (IMDG Code).*

1.2       Guidelines for the identification of harmful substances in packaged form are given in the appendix to this Annex.

1.3       For the purposes of this Annex, packaged form is defined as the forms of containment specified for harmful substances in the IMDG Code.*

2            Such carriage of harmful substances is prohibited except in accordance with the provisions of this Annex.

3            To supplement the provisions of this Annex, the Government of each Party to the Convention shall issue, or cause to be issued detailed requirements on packing, marking, labelling, documentation stowage, quantity limitations and exceptions for preventing or minimizing pollution of the marine environment by harmful substances.

4            For the purposes of this Annex, empty packagings which have been used previously for the carriage of harmful substances shall themselves be treated as harmful substances unless adequate precautions have been taken to ensure that they contain no residue that is harmful to the marine environment.

5            The requirements of this Annex do not apply to ships stores and equipment.

* Reference is made to the International Maritime Dangerous Goods Code (IMDG Code) adopted by Organisation resolution A.81(IV) as it has been or may be amended by the Maritime Safety Committee.

SCHEDULE 3—continued

Regulation 2

Packing

Packages shall be adequate to minimize the hazard to the marine environment having regard to their specific contents.

Regulation 3

Marking and labelling

1            Packages containing a harmful substance shall be durably marked with the correct technical name (trade names alone shall not be used) and, further, shall be durably marked or labelled to indicate that the substance is a marine pollutant. Such identification shall be supplemented where possible by any other means, for example by the use of the relevant United Nations number.

2            The method of marking the correct technical name and of affixing labels on packages containing a harmful substance shall be such that this information will still be identifiable on packages surviving at least three months' immersion in the sea. In considering suitable marking and labelling, account shall be taken of the durability of the materials used and of the surface of the package.

3            Packages containing small quantities of harmful substances may be exempted from the marking requirements.*

* Reference is made to the specific exemptions provided for in the International Maritime Dangerous Goods Code (IMDS Code).

SCHEDULE 3—continued

Regulation 4

Documentation**

1            In all documents relating to the carriage of harmful substances by sea where such substances are named, the correct technical name of each such substance shall be used (trade names alone shall not be used) and the substance further identified by the addition of the words "MARINE POLLUTANT".

2            The shipping documents supplied by the shipper shall include, or be accompanied by, a signed certificate or declaration that the shipment offered for carriage is properly packaged and marked or labelled and in proper condition for carriage to minimise the hazard to the marine environment.

3            Each ship carrying harmful substances shall have a special list or manifest setting forth the harmful substances on board and the location thereof. A detailed stowage plan which sets out the location of the harmful substances on board may be used in place of such a special list or manifest. Copies of such documents shall also be retained on shore by the owner of the ship or his representative until the harmful substances are unloaded. A copy of one of these documents shall be presented before departure to the person or organization designated by the port State authority.

4            When the ship carries a special list or manifest or a detailed stowage plan, required for the carriage of dangerous goods by the International Convention for the Safety of Life at Sea, 1974, as amended, the documents required by this regulation may be combined with those for dangerous goods. Where documents are combined, a clear distinction shall be made between dangerous goods and harmful substances covered by this Annex.

** Reference to "documents" in this regulation does not preclude the use of electronic data processing (EDP) and electronic data interchange (EDI) transmission techniques as an aid to paper documentation.

SCHEDULE 3—continued

Regulation 5

Stowage

Harmful substances shall be properly stowed and secured so as to minimise the hazards to the marine environment without impairing the safety of the ship and persons on board.

Regulation 6

Quantity limitations

Certain harmful substances may, for sound scientific and technical reasons, need to be prohibited for carriage or be limited as to the quantity which may be carried aboard any one ship. In limiting the quantity, due consideration shall be given to size, construction and equipment of the ship as well as packaging and the inherent nature of the substances.

Regulation 7

Exceptions

1            Jettisoning of harmful substances carried in packaged form shall be prohibited except where necessary for the purpose of securing the safety of the ship or saving life at sea.

2            Subject to the provisions of the present Convention, appropriate measures based on the physical, chemical and biological properties of harmful substances shall be taken to regulate the washing of leakages overboard provided that compliance with such measures would not impair the safety of the ship and persons on board.

SCHEDULE 3—continued

Appendix

GUIDELINES FOR THE IDENTIFICATION OF HARMFUL SUBSTANCES IN PACKAGED FORM

For the purposes of this Annex, substances identified by any one of the following criteria are harmful substances

* Reference is made to the Composite List of Hazard Profiles, prepared by the IMO/FAO/ UNESCO/WMO/WHO/IAEA/UN/UNEP Joint Group of Experts on the Scientific Aspects of Marine Pollution (GESAMP) which is circulated annually by the Organization by means of BCH circulars to all IMO Member States.

** The concentration of a substance which will, within the specified time (generally 96 hours) kill 50% of the exposed group of test organisms. LC50 is often specified in mg/l (parts per million (ppm)).

SCHEDULE 4 Subsection 44(2)

SCHEDULE TO BE ADDED AT THE END OF THE PROTECTION OF THE SEA (PREVENTION OF POLLUTION FROM SHIPS) ACT 1983

SCHEDULE 9 Section 3

RESOLUTION MEPC.42(30)

adopted by the Marine Environment Protection Committee on 16 November 1990

ADOPTION OF AMENDMENTS TO THE ANNEX OF THE PROTOCOL OF 1978 RELATING TO THE INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973

(Designation of Antarctic area as a special area under Annexes I and V of MARPOL 73/78)

THE MARINE ENVIRONMENT PROTECTION COMMITTEE,

RECALLING Article 38(a) of the Convention on the International Maritime Organization concerning the functions of the Committee,

NOTING article 16 of the International Convention for the Prevention of Pollution from Ships, 1973 (hereinafter referred to as the "1973 Convention") and article VI of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973 (hereinafter referred to as the "1978 Protocol") which confer upon the appropriate body of the Organization the function of considering and adopting amendments to the 1973 Convention, as modified by the 1978 Protocol (MARPOL 73/78),

HAVING CONSIDERED, at its thirtieth session, amendments to the 1978 Protocol proposed and circulated in accordance with article 16(2)(a) of the 1973 Convention,

HAVING CONSIDERED ALSO the objective that all wastes are to be removed from the Antarctic area due to the ecological importance of the fragile ecosystems of the area,

1.      ADOPTS, in accordance with article 16(2)(d) of the 1973 Convention, amendments to the Annex of the 1978 Protocol, the text of which is set out in the Annex to the present resolution;
2.      DETERMINES, in accordance with article 16(2)(f)(iii) of the 1973 Convention, that the amendments shall be deemed to have been accepted on 16 September 1991 unless, prior to this date, one third or

SCHEDULE 4—continued

more of the Parties, or the Parties the combined merchant fleets of which constitute fifty per cent or more of the gross tonnage of the world's merchant fleet, have communicated to the Organization their objections to the amendments;

3.        INVITES the Parties to note that, in accordance with article 16(2)(g)(ii) of 1973 Convention, the amendments shall enter into force on 17 March 1992 upon their acceptance in accordance with paragraph 2 above;

4.        DECIDES that the requirements of regulation 10 of Annex I and regulation 5 of Annex V of MARPOL 73/78 in respect of the Antarctic area shall take effect on the day the amendments thereto adopted under this resolution enter into force, which is expected to be 17 March 1992;

5.        REQUESTS the Secretary-General, in conformity with article 16(2)(e) of the 1973 Convention, to transmit to all Parties to Annexes I and V of MARPOL 73/78 certified copies of the present resolution and the text of the amendments contained in Annexes 1 and 2 respectively;

6.        FURTHER REQUESTS the Secretary-General to transmit to the Members of the Organization which are not Parties to Annexes I or V of MARPOL 73/78 copies of the resolution and its Annexes.

ANNEX 1

ADOPTION OF AMENDMENTS TO THE ANNEX OF THE PROTOCOL OF 1978 RELATING TO THE INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973

ANNEX I

REGULATIONS FOR THE PREVENTION OF POLLUTION BY OIL

Regulation 10 is amended to read as follows:

Regulation 10

Methods for the Prevention of Oil Pollution from Ships While Operating in Special Areas

(1) For the purposes of this Annex, the special areas are the Mediterranean Sea area, the Baltic Sea area, the Black Sea area, the Red Sea area, the "Gulfs area", the Gulf of Aden and the Antarctic area, which are defined as follows:

(a)-(f) No change.

SCHEDULE 4—continued

(2) Subject to the provisions of regulation 11 of this Annex:

(2)(b)(i), (ii), (iii) No change.

(3)-(7) No change.

(8) Notwithstanding paragraph (7) of this regulation, the following rules apply to the Antarctic area:

SCHEDULE 4—continued

ANNEX 2

ADOPTION OF AMENDMENTS TO THE ANNEX OF THE PROTOCOL OF 1978 RELATING TO THE INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973

ANNEX V

REGULATIONS FOR THE PREVENTION OF POLLUTION BY GARBAGE FROM SHIPS

Regulation 5 is amended to read as follows:

Regulation 5

Disposal of Garbage within Special Areas

(1) For the purposes of this Annex, the special areas are the Mediterranean Sea area, the Baltic Sea area, the Black Sea area, the Red Sea area, the "Gulfs area", the North Sea area and the Antarctic area, which are defined as follows:

(a)-(f) No change.

(g) The Antarctic area means the sea area south of 60° south latitude.

(2)-(4) No change.

(5) Notwithstanding paragraph 4 of this Regulation, the following rules apply to the Antarctic area:

SCHEDULE 5 Subsection 44(3)

SCHEDULES TO BE INSERTED IN THE PROTECTION OF THE SEA (PREVENTION OF POLLUTION FROM SHIPS) ACT 1983

SCHEDULE 10 Section 3

RESOLUTION MEPC.48(31)

adopted on 4 July 1991

AMENDMENTS TO THE ANNEX OF THE PROTOCOL OF 1978 RELATING TO THE INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973

(Designation of the Wider Caribbean area as a special area under Annex V of MARPOL 73/78)

THE MARINE ENVIRONMENT PROTECTION COMMITTEE,

RECALLING Article 38(a) of the Convention on the International Maritime Organization concerning the functions of the Committee,

NOTING article 16 of the International Convention for the Prevention of Pollution from Ships, 1973 (hereinafter referred to as the "1973 Convention") and article VI of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973 (hereinafter referred to as the "1978 Protocol") which confer upon the appropriate body of the Organization the function of considering and adopting amendments to the 1973 Convention, as modified by the 1978 Protocol (MARPOL 73/78),

HAVING CONSIDERED, at its thirty-first session, amendments to the 1978 Protocol proposed and circulated in accordance with article 16(2)(a) of the 1973 Convention,

1.     ADOPTS, in accordance with article 16(2)(d) of the 1973 Convention, amendments to the Annex of the 1978 Protocol, the text of which is set out in the Annex to the present resolution;
2.     DETERMINES, in accordance with article 16(2)(f)(iii) of the 1973 Convention, that the amendments shall be deemed to have been accepted on 4 October 1992, unless prior to this date one third or more of the Parties, or the Parties the combined merchant fleets of which constitute fifty per cent or more of the gross tonnage of the world's merchant fleet, have communicated to the Organization their objections to the amendments;
3.     INVITES the Parties to note that, in accordance with article 16(2)(g)(ii) of the 1973 Convention, the amendments shall enter into force on 4 April 1993 upon their acceptance in accordance with paragraph 2 above;
4.     REQUESTS the Secretary-General, in conformity with article 16(2)(e) of the 1973 Convention, to transmit to all Parties to Annex V of the 1978 Protocol certified copies of the present resolution and the text of the amendments contained in the Annex;
5.     FURTHER REQUESTS the Secretary-General to transmit to the Members of the Organization which are not Parties to Annex V of the 1978 Protocol copies of the resolution and its annex.

SCHEDULE 5—continued

ANNEX

AMENDMENTS TO REGULATION 5 OF ANNEX V OF MARPOL 73/78 (DESIGNATION OF THE WIDER CARIBBEAN AREA AS A SPECIAL AREA)

Regulation 5—Disposal of Garbage within Special Areas

The introductory sentence in paragraph (1) is amended to read as follows:

"(1) For the purposes of this Annex the special areas are the Mediterranean Sea area, the Baltic Sea area, the Black Sea area, the Red Sea area, the 'Gulfs area', the North Sea area, the Antarctic area and the Wider Caribbean Region, including the Gulf of Mexico and the Caribbean Sea, which are defined as follows:"

New subparagraph (h) is added to paragraph (1) as follows:

"(h) The Wider Caribbean Region, as defined in article 2, paragraph 1 of the Convention for the Protection and Development of the Marine Environment of the Wider Caribbean region (Cartagena de Indias, 1983), means the Gulf of Mexico and Caribbean Sea proper including the bays and seas therein and that portion of the Atlantic Ocean within the boundary constituted by the 30°N parallel from Florida eastward to 77°30'W meridian, thence a rhumb line to the intersection of 20°N parallel and 59°W meridian, thence a rhumb line to the intersection of 7°20'N parallel and 50°W meridian, thence a rhumb line drawn southwesterly to the eastern boundary of French Guiana."

New subparagraph (b) of paragraph (2) is amended to read as follows:

"(b) except as provided in subparagraph (c) of this paragraph, disposal into the sea of food wastes shall be made as far as practicable from land, but in any case not less than 12 nautical miles from the nearest land,"

New subparagraph (c) is added to paragraph (2) as follows:

"(c) disposal into the Wider Caribbean Region of food wastes which have been passed through a comminuter or grinder shall be made as far as practicable from land, but in any case not subject to regulation 4 not less than 3 nautical miles from the nearest land. Such comminuted or ground food wastes shall be capable of passing through a screen with openings no greater than 25 millimetres."

SCHEDULE 11 Section 3

RESOLUTION MEPC.47(31)

adopted on 4 July 1991

AMENDMENTS TO THE ANNEX OF THE PROTOCOL OF 1978 RELATING TO THE INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973

(New regulation 26 and other amendments to Annex 1 of MARPOL 73/78)

THE MARINE ENVIRONMENT PROTECTION COMMITTEE,

RECALLING Article 38(a) of the Convention on the International Maritime Organization concerning the functions of the Committee,

SCHEDULE 5—continued

NOTING article 16 of the International Convention for the Prevention of Pollution from Ships, 1973 (hereinafter referred to as the "1973 Convention") and article VI of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973 (hereinafter referred to as the "1978 Protocol") which confer upon the appropriate body of the Organization the function of considering and adopting amendments to the 1973 Convention, as modified by the 1978 Protocol (MARPOL 73/78),

NOTING ALSO that the International Conference on Oil Pollution Preparedness and Response convened by the Organization in November 1990, has adopted the International Convention on Oil Pollution Preparedness, Response and Co-operation, 1990 which required, inter alia, all ships to have a shipboard oil pollution emergency plan,

HAVING CONSIDERED, at its thirty-first session, amendments to the 1978 Protocol proposed and circulated in accordance with article 16(2)(a) of the 1973 Convention,

1.      ADOPTS, in accordance with article 16(2)(d) of the 1973 Convention, amendments to the Annex of the 1978 Protocol, the text of which is set out in the Annex to the present resolution;
2.      DETERMINES, in accordance with article 16(2)(f)(iii) of the 1973 Convention, that the amendments shall be deemed to have been accepted on 4 October 1992, unless prior to this date one third or more of the Parties, or the Parties the combined merchant fleets of which constitute fifty per cent or more of the gross tonnage of the world's merchant fleet, have communicated to the Organization their objections to the amendments;
3.      INVITES the Parties to note that, in accordance with article 16(2)(g)(ii) of the 1973 Convention, the amendments shall enter into force on 4 April 1993 upon their acceptance in accordance with paragraph 2 above;
4.      REQUESTS the Secretary-General, in conformity with article 16(2)(e) of the 1973 Convention, to transmit to all Parties to MARPOL 73/78 certified copies of the present resolution and the text of the amendments contained in the Annex;
5.      FURTHER REQUESTS the Secretary-General to transmit copies of the resolution and its Annex to the Members of the Organization which are not Parties to MARPOL 73/78.

ANNEX

AMENDMENTS TO ANNEX I OF MARPOL 73/78

1 The seventh sentence of regulation 15(3)(a) is replaced with the following two sentences:

"A manually operated alternative method shall be provided and may be used in the event of such failure, but the defective unit shall

SCHEDULE 5—continued

be made operable as soon as possible. The port State authority may allow the tanker with a defective unit to undertake one ballast voyage before proceeding to a repair port".

2 New paragraph (3) is added to regulation 17 as follows:

"(3) Piping to and from sludge tanks shall have no direct connection overboard, other than the standard discharge connection referred to in regulation 19".

3 The following new chapter IV is added to the existing text:

"CHAPTER IV— PREVENTION OF POLLUTION ARISING FROM AN OIL POLLUTION INCIDENT

Regulation 26

Shipboard Oil Pollution Emergency Plan

SCHEDULE 5—continued

Revised Forms of Supplements to the IOPP Certificate

Forms A and B of Supplements to the IOPP Certificate are replaced by those reproduced in the following pages.

FORM A

(Revised 1991)

SUPPLEMENT TO THE INTERNATIONAL OIL POLLUTION PREVENTION CERTIFICATE (IOPP CERTIFICATE)

RECORD OF CONSTRUCTION AND EQUIPMENT FOR SHIPS OTHER THAN OIL TANKERS

In respect of the provisions of Annex I of the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto (hereinafter referred to as "the Convention").

1 PARTICULARS OF SHIP

1.1        Name of ship ...............................................

1.2        Distinctive number or letters .....................................

1.3        Port of registry ..............................................

1.4        Gross tonnage ..............................................

1.5        Date of build:

SCHEDULE 5—continued

SCHEDULE 5—continued

3.1 The ship is provided with oil residue (sludge) tanks as follows:

SCHEDULE 5—continued

THIS IS TO CERTIFY that this Record is correct in all respects.

Issued at...............................................………………………..

(Place of issue of the Record)

..................19………..                 ………………………………………………….

(Signature of duly authorized officer issuing the Record)

(Seal or stamp of the issuing authority, as appropriate)

SCHEDULE 5—continued

FORM B

(Revised 1991)

SUPPLEMENT TO INTERNATIONAL OIL POLLUTION PREVENTION CERTIFICATE (IOPP CERTIFICATE)

RECORD OF CONSTRUCTION AND EQUIPMENT FOR OIL TANKERS

In respect of the provisions of the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto (hereinafter referred to as "the Convention").

1 PARTICULARS OF SHIP

1.1        Name of ship........................................................

1.2        Distinctive number of letters..............................................

1.3        Port of registry.......................................................

1.4        Gross tonnage........................................................

1.5        Carrying capacity of ship.............................................(m3)

1.6        Deadweight of ship...............................(metric tons) (regulation 1(22))

1.7        Length of ship........................................(m) (regulation (1(18))

SCHEDULE 5—continued

SCHEDULE 5—continued

SCHEDULE 5—continued

3 MEANS FOR RETENTION AND DISPOSAL OF OIL RESIDUES (SLUDGE) (regulation 17)

3.1 The ship is provided with oil residue (sludge) tanks as follows:

SCHEDULE 5—continued

SCHEDULE 5—continued

5.3.2 CBT are distributed as follows:

SCHEDULE 5—continued

SCHEDULE 5—continued

SCHEDULE 5—continued

SCHEDULE 5—continued

10 OIL-LIKE NOXIOUS LIQUID SUBSTANCES

The ship is permitted in accordance with regulation 14 of Annex II of the Convention to carry the oil-like noxious liquid substances specified in the list* attached.

11 EXEMPTION

Exemptions have been granted by the Administration from the requirements of chapters II and III of Annex I of the Convention in accordance with regulation 2(4)(a) on those items listed under paragraph(s)…………………………………………………………………………………………….

………………………………………………………………………………………………………….

…………………………………………………………………………………………. of this Record

SCHEDULE 5—continued

THIS IS TO CERTIFY that this Record is correct in all respects.

Issued at...............................................................

(Place of issue of the Record)

...19.....                                          ………………………………………………....

(Signature of duly authorized officer issuing the Record)

(Seal or stamp of the issuing authority, as appropriate)

Appendix III of Annex I of MARPOL 73/78 is replaced by the following:

"Appendix III

FORM OF OIL RECORD BOOK OIL RECORD BOOK

Part I—Machinery space operations

(All ships)

Name of ship:

Distinctive number

or letters:

Gross tonnage:

Period from: to:

SCHEDULE 5—continued

INTRODUCTION

The following pages of this section show a comprehensive list of items of machinery space operations which are, when appropriate, to be recorded in the Oil Record Book in accordance with regulation 20 of Annex I of the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto (MARPOL 73/78). The items have been grouped into operational sections, each of which is denoted by a letter code.

When making entries in the Oil Record Book, the date, operational code and item number shall be inserted in the appropriate columns and the required particulars shall be recorded chronologically in the blank spaces.

Each completed operation shall be signed for and dated by the officer or officers in charge. Each completed page shall be signed by the master of the ship.

The Oil Record Book contains many references to oil quantity. The limited accuracy of tank measurement devices, temperature variations and clingage will affect the accuracy of these readings. The entries in the Oil Record Book should be considered accordingly.

LIST OF ITEMS TO BE RECORDED

(A) BALLASTING OR CLEANING OF OIL FUEL TANKS

1. Identity of tank(s) ballasted.

3.    Cleaning process:

4. Ballasting:

.1 position of ship and time at start and end of ballasting;

.2 quantity of ballast if tanks are not cleaned;

.3 position of ship at start of cleaning;

.4 position of ship at start of ballasting.

5. Identity of tank(s).

SCHEDULE 5—continued

6.    Position of ship at start of discharge.

7.    Position of ship on completion of discharge.

8.    Ship's speed(s) during discharge.

9.    Method of discharge:

.1 through 100 ppm equipment;

.2 through 15 ppm equipment;

.3 to reception facilities.

10. Quantity discharged.

(C) COLLECTION AND DISPOSAL OF OIL RESIDUES (SLUDGE)

11. Collection of oil residues

Quantity of oil residues (sludge) retained on board at the end of a voyage, but not more frequently than once a week. When ships are on short voyages, the quantity should be recorded weekly1/:

-      identity of tank(s)...........

-      capacity of tank(s)........... m3

-      total quantity of retention...........m3;

-      identity of tank(s)...........

-      capacity of tank(s)........... m3

-      total quantity of retention...........m3.

12. Methods, of disposal of residue

State quantity of oil residues disposed of, the tank(s) emptied and the quantity of contents retained:

.1 to reception facilities (identify port)2/;

.3 incinerated (indicate total time of operation);

.4 other method (state which).

1/ Only in tanks listed in item 3 of Form A and B of the Supplement to the IOPP Certificate.

SCHEDULE 5—continued

13.    Quantity discharged or disposed of.

14.    Time of discharge or disposal (start and stop).

15.    Method of discharge or disposal:

.3 to reception facilities (identify port)2/;

18.    Time when the system has been put to manual operation.

19.    Method of discharge overboard:

.1 through 100 ppm equipment;

.2 through 15 ppm equipment.

20.    Time of system failure.

21.    Time when system has been made operational.

22.    Reasons for failure.

23.    Time of occurrence.

24.    Place or position of ship at time of occurrence.

SCHEDULE 5—continued

25.    Approximate quantity and type of oil.

(H) BUNKERING OF FUEL OR BULK LUBRICATING OIL

27. Bunkering.

.1 Place of bunkering.

.2 Time of bunkering.

SCHEDULE 5—continued

NAME OF SHIP .................................................................

DISTINCTIVE NUMBER

OR LETTERS ...................................................................

CARGO/BALLAST OPERATIONS (OIL TANKERS)*/MACHINERY SPACE OPERATIONS (ALL SHIPS)*

*Delete as appropriate Signature of master ................................

SCHEDULE 5—continued

OIL RECORD BOOK

Part II—Cargo/ballast operations

(Oil tankers)

Name of ship:

Distinctive number

or letters:

Gross tonnage:

Period from: to:

SCHEDULE 5—continued

NAME OF SHIP...........................................................

DISTINCTIVE NUMBER

OR LETTERS ............................................................

PLAN VIEW OF CARGO AND SLOP TANKS

(to be completed on board)

OIL RECORD BOOK—PART II

INTRODUCTION

The following pages of this section show a comprehensive list of items of cargo and ballast operations which are, when appropriate, to be recorded in the Oil Record Book in accordance with regulation 20 of Annex I of the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978

SCHEDULE 5—continued

relating thereto (MARPOL 73/78). The items have been grouped into operational sections, each of which is denoted by a code letter.

When making entries in the Oil Record Book, the date, operational code and item number shall be inserted in the appropriate columns and the required particulars shall be recorded chronologically in the blank spaces.

Each completed operation shall be signed for and dated by the officer or officers in charge. Each completed page shall be countersigned by the master of the ship. In respect of the oil tankers engaged in specific trades in accordance with regulation 13C of Annex I of MARPOL 73/78, appropriate entry in the Oil Record Book shall be endorsed by the competent Port State authority*.

The Oil Record Book contains many references to oil quantity. The limited accuracy of tank measurement devices, temperature variations and clingage will affect the accuracy of these readings. The entries in the Oil Record Book should be considered accordingly.

LIST OF ITEMS TO BE RECORDED

(A) LOADING OF OIL CARGO

1. Place of loading.
2. Type of oil loaded and identity of tank(s).
3. Total quantity of oil loaded (state quantity added and the total content of tank(s)).

(B) INTERNAL TRANSFER OF OIL CARGO DURING VOYAGE

4. Identity of the tank(s)

.1 From:

(C) UNLOADING OF OIL CARGO

6.    Place of unloading.

7.    Identity of tank(s) unloaded.

8.    Was (were) the tank(s) emptied? (If not, state quantity retained)

SCHEDULE 5—continued

10.    Identity of tank(s) washed1/.

11.    Number of machines in use.

12.    Time of start of washing.

13.    Washing pattern employed2/.

14.    Washing line pressure.

15.    Time washing was completed or stopped.

16.    State method of establishing that tank(s) was (were) dry.

17.    Remarks3/.

(E) BALLASTING OF CARGO TANKS

18.    Position of ship at start and end of ballasting.

19.    Ballasting process:

.1 identity of tank(s) ballasted;

.2 time of start and end;

20.    Identity of tank(s) ballasted.

26. Quantity of clean ballast taken on board.

(G) CLEANING OF CARGO TANKS

27. Identity of tank(s) cleaned.

1/ When an individual tank has more machines than can be operated simultaneously, as described in the Operations and Equipment Manual, then the section being crude oil washed should be identified, e.g. No. 2 centre, forward section.

2/ In accordance with the Operations and Equipment Manual, enter whether single-stage or multi-stage method of washing is employed. If multi-stage method is used, give the vertical are covered by the machines and the number of times that arc is covered for that particular stage of the programme.

SCHEDULE 5—continued

28.    Port or ship's position.

29.    Duration of cleaning.

30.    Method of cleaning4/.

31.    Tank washings transferred to:

.1 reception facilities (state port and quantity)5/;

(H) DISCHARGE OF DIRTY BALLAST

32.    Identity of tank(s).

33.    Position of ship at start of discharge into the sea.

34.    Position of ship on completion of discharge into the sea.

35.    Quantity discharged into the sea.