Pollution of Waters by Oil and Noxious Substances Regulations 2017

Contents (2017 - 98) Pollution of Waters by Oil and Noxious Substances Regulations 2017 Long Title 1. Short title 2. Commencement 3. Interpretation 4. Prescribed office for the purposes of section 3(2)(b) of Act 5. Prescribed manner of notifying prescribed officer of incident 6. Prescribed forms for requested report of incident Schedule 1 - Forms Pollution of Waters by Oil and Noxious Substances Regulations 2017 Version current from 13 December 2017 to date (accessed 19 October 2018 at 14:41) Pollution of Waters by Oil and Noxious Substances Regulations 2017 I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Pollution of Waters by Oil and Noxious Substances Act 1987 . 4 December 2017 C. WARNER Governor By Her Excellency's Command, ELISE ARCHER Minister for Environment and Parks 1. Short title These regulations may be cited as the Pollution of Waters by Oil and Noxious Substances Regulations 2017 . 2. Commencement These regulations take effect on the day on which their making is notified in the Gazette. https://www.legislation.tas.gov.au/view/html/inforce/current/sr-2017-098 https://www.legislation.tas.gov.au/view/html/inforce/2017-12-13/act-1987-095 https://www.legislation.tas.gov.au/view/html/inforce/2017-12-13/sr-2017-098 3. Interpretation (1) In these regulations – Act means the Pollution of Waters by Oil and Noxious Substances Act 1987 . (2) In these regulations, a reference to a form by number is a reference to the form so numbered in Schedule 1 . (3) Unless otherwise specified, an expression that is used in these regulations and in the Convention (whether or not a particular meaning is assigned to it by the Convention) has, in these regulations, the same meaning as in the Convention. 4. Prescribed office for the purposes of section 3(2)(b) of Act For the purposes of section 3(2)(b) of the Act, the office of Deputy Secretary of the Department, being the Deputy Secretary responsible for the management of the division of the Department that makes officers and employees available to the Environment Protection Authority in accordance with section 19 of the Environmental Management and Pollution Control Act 1994, is prescribed as the office for the purposes of sections 8 , 13 , 20 , 25 , 25C , 25F , 25H and 25I of the Act. 5. Prescribed manner of notifying prescribed officer of incident For the purposes of section 25I(1) and (3) of the Act, the prescribed manner in which the master of a ship must notify a prescribed officer of an incident in relation to a ship is by a message that – (a) commences with the code letters "POLREP" and the name, IMO number and radio call-sign of the ship; and (b) is conveyed to the prescribed officer, using the contact information for the prescribed officer published by the Department, by – (i) telephone; or (ii) radio; or (iii) email. 6. Prescribed forms for requested report of incident For the purposes of sections 25I(6) and (7) of the Act – (a) the prescribed form for a requested report of an incident in relation to a ship is – (iv) Form 1, if the incident relates to the discharge, or probable discharge, from the ship of oil or an oily mixture contrary to section 8(1) of the Act, other than a discharge to which section 8(6) of the Act applies; and (v) Form 2, if the incident relates to the discharge, or probable discharge, from the ship of a noxious liquid substance, or a mixture containing a noxious liquid substance, carried as cargo or part cargo in bulk contrary to section 20(1) of the Act, other than a discharge to which section 20(4) , (5) , (6) , (7) , (8) , (9) , (10) , (11) or (12) of the Act applies; and (vi) Form 3, if the incident relates to the jettisoning, or probable jettisoning, from the ship of a harmful substance carried as cargo in packaged form contrary to section 25C(1) of the Act; and (vii) Form 4, if the incident relates to the disposal, or probable disposal, of garbage from the ship contrary to section 25F(1) of the Act; and (b) the prescribed time within which that report must be furnished to a prescribed officer is within 24 hours immediately after the receipt of the request for the report from the prescribed officer. https://www.legislation.tas.gov.au/view/html/inforce/2017-12-13/act-1987-095 https://www.legislation.tas.gov.au/view/html/inforce/2017-12-13/act-1987-095#GS3@Gs2@Hpb@EN https://www.legislation.tas.gov.au/view/html/inforce/2017-12-13/act-1987-095#GS8@EN https://www.legislation.tas.gov.au/view/html/inforce/2017-12-13/act-1987-095#GS13@EN https://www.legislation.tas.gov.au/view/html/inforce/2017-12-13/act-1987-095#GS20@EN https://www.legislation.tas.gov.au/view/html/inforce/2017-12-13/act-1987-095#GS25@EN https://www.legislation.tas.gov.au/view/html/inforce/2017-12-13/act-1987-095#GS25C@EN https://www.legislation.tas.gov.au/view/html/inforce/2017-12-13/act-1987-095#GS25F@EN https://www.legislation.tas.gov.au/view/html/inforce/2017-12-13/act-1987-095#GS25H@EN https://www.legislation.tas.gov.au/view/html/inforce/2017-12-13/act-1987-095#GS25I@EN https://www.legislation.tas.gov.au/view/html/inforce/2017-12-13/act-1987-095#GS25I@Gs1@EN https://www.legislation.tas.gov.au/view/html/inforce/2017-12-13/act-1987-095#GS25I@Gs3@EN https://www.legislation.tas.gov.au/view/html/inforce/2017-12-13/act-1987-095#GS25I@Gs6@EN https://www.legislation.tas.gov.au/view/html/inforce/2017-12-13/act-1987-095#GS25I@Gs7@EN https://www.legislation.tas.gov.au/view/html/inforce/2017-12-13/act-1987-095#GS8@Gs1@EN https://www.legislation.tas.gov.au/view/html/inforce/2017-12-13/act-1987-095#GS8@Gs6@EN https://www.legislation.tas.gov.au/view/html/inforce/2017-12-13/act-1987-095#GS20@Gs1@EN https://www.legislation.tas.gov.au/view/html/inforce/2017-12-13/act-1987-095#GS20@Gs4@EN https://www.legislation.tas.gov.au/view/html/inforce/2017-12-13/act-1987-095#GS20@Gs5@EN https://www.legislation.tas.gov.au/view/html/inforce/2017-12-13/act-1987-095#GS20@Gs6@EN https://www.legislation.tas.gov.au/view/html/inforce/2017-12-13/act-1987-095#GS20@Gs7@EN https://www.legislation.tas.gov.au/view/html/inforce/2017-12-13/act-1987-095#GS20@Gs8@EN https://www.legislation.tas.gov.au/view/html/inforce/2017-12-13/act-1987-095#GS20@Gs9@EN https://www.legislation.tas.gov.au/view/html/inforce/2017-12-13/act-1987-095#GS20@Gs10@EN https://www.legislation.tas.gov.au/view/html/inforce/2017-12-13/act-1987-095#GS20@Gs11@EN https://www.legislation.tas.gov.au/view/html/inforce/2017-12-13/act-1987-095#GS20@Gs12@EN https://www.legislation.tas.gov.au/view/html/inforce/2017-12-13/act-1987-095#GS25C@Gs1@EN https://www.legislation.tas.gov.au/view/html/inforce/2017-12-13/act-1987-095#GS25F@Gs1@EN SCHEDULE 1 - Forms Form 1 - Oil Regulation 6 https://www.legislation.tas.gov.au/image/pwon171p1.gif Form 2 - Noxious Liquid Substances Regulation 6 https://www.legislation.tas.gov.au/image/pwon171p2.gif https://www.legislation.tas.gov.au/image/pwon172p1.gif Form 3 - Packaged Harmful Substances Regulation 6 https://www.legislation.tas.gov.au/image/pwon172p2.gif https://www.legislation.tas.gov.au/image/pwon173p1.gif Form 4 - Garbage Regulation 6 https://www.legislation.tas.gov.au/image/pwon173p2.gif https://www.legislation.tas.gov.au/image/pwon174p1.gif https://www.legislation.tas.gov.au/image/pwon174p2.gif Displayed and numbered in accordance with the Rules Publication Act 1953. Notified in the Gazette on 13 December 2017 https://www.legislation.tas.gov.au/view/html/inforce/current/act-1953-050