Western Australia
Pollution of Waters by Oil and Noxious Substances Act 1987
Pollution of Waters by Oil and Noxious Substances Regulations 1993
Reprint 1: The regulations as at 7 May 2004
Guide for using this reprint
What the reprint includes
Endnotes, Compilation table, and Table of provisions that have not come into operation
1.Details about the original regulations are shown in the Compilation table in endnote 1, at the back of the reprint. The table also shows any previous reprint.
2.A table of provisions that have not come into operation, to be found in endnote 1a if it is needed, lists any provisions that would amend the text if they were to come into operation. The table refers to another endnote setting out the text of the amendments in full.
Notes amongst text (italicised and within square brackets)
Editorial notes show if something has been omitted under the Reprints Act 1984 s. 7(4) (because, although still technically part of the text, it no longer has any effect).
The text of anything omitted can be found in an earlier reprint (if there is one) or the regulations as published.
Reprint numbering and date
1.The reprint number (in the footer of each page of the document) shows how many times the regulations have been reprinted. For example, numbering a reprint as “Reprint 3” would mean that the reprint was the 3rd reprint since the regulations were published. Reprint numbering was implemented as from 1 January 2003.
2.The information in the reprint is current on the date shown as the date as at which the regulations are reprinted. That date is not the date when the reprint was published by the State Law Publisher and it is probably not the date when the most recent amendment had effect.
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Reprinted under the Reprints Act 1984 as
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at 7 May 2004
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Western Australia
Pollution of Waters by Oil and Noxious Substances Act 1987
Pollution of Waters by Oil and Noxious Substances Regulations 1993
1.Citation
These regulations may be cited as the Pollution of Waters by Oil and Noxious Substances Regulations 1993 1.
2.Commencement
These regulations shall come into operation on the day on which the Pollution of Waters by Oil and Noxious Substances Act 1987 comes into operation 1.
3.Interpretation
In these regulations —
“Commonwealth Act” means the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 (Cwlth) as in force at the commencement of these regulations;
“Commonwealth regulations” means the Protection of the Sea (Prevention of Pollution from Ships) Regulations (Cwlth) as in force at the commencement of these regulations.
4.Prescribed offices
(1)For the purposes of sections 8 and 20 of the Act —
(a)each of the offices prescribed by the Commonwealth regulations for the purposes of the corresponding sections of the Commonwealth Act is prescribed; and
(b)each of the offices of Chief Executive Officer, Executive Marine Officer, and Senior Marine Officer — Pollution, in the Department of Marine and Harbours 2 is prescribed.
(2)For the purposes of sections 11 and 22 of the Act —
(a)each of the offices prescribed by the Commonwealth regulations for the purposes of the corresponding sections of the Commonwealth Act is prescribed; and
(b)the office of Chief Executive Officer, Department of Marine and Harbours 2, is prescribed; and
(c)if a prescribed incident (as defined in each of those sections) occurs within the boundaries of a port (as defined in the Western Australian Marine Act 1982) — the office of Harbour Master of that port (if any) is prescribed.
(3)For the purposes of section 12 of the Act —
(a)the office of Chief Executive Officer, Department of Marine and Harbours 2, is prescribed; and
(b)if a discharge occurs within the boundaries of a port (as defined in the Western Australian Marine Act 1982) — the office of Harbour Master of that port (if any) is prescribed.
(4)For the purposes of sections 15 and 25 of the Act each of the offices prescribed by the Commonwealth regulations for the purposes of the corresponding sections of the Commonwealth Act is prescribed.
(5)For the purposes of section 30(2) of the Act each of the offices of Chief Executive Officer, Executive Marine Officer, and Senior Marine Officer — Pollution, in the Department of Marine and Harbours 2 is prescribed.
5.Prescribed manner of notifying incidents etc.
(1)For the purposes of sections 11(1) and (3) and 22(1) and (3) of the Act, a prescribed incident is notified in the prescribed manner if it is notified —
(a)in the manner prescribed by the Commonwealth regulations made for the purposes of the corresponding sections of the Commonwealth Act; or
(b)in the manner prescribed by the Commonwealth regulations made for the purposes of the corresponding sections of the Commonwealth Act but conveyed through —
(i)the Marine Emergency Operations Centre, Department of Marine and Harbours 2; or
(ii)a port signal station.
(2)For the purposes of section 12(1) a discharge from a place on land is notified in the prescribed manner if it is notified in the manner prescribed by subregulation (1).
6.Prescribed time for report
For the purposes of sections 11(6) and (7), 12(2) and 22(6) and (7) of the Act, 24 hours immediately following the receipt of a request for a report is the prescribed time.
7.Prescribed form for report
(1)For the purposes of sections 11(6) and (7) and 22(6) and (7) of the Act, the form prescribed by the Commonwealth regulations for the purposes of the corresponding sections of the Commonwealth Act is prescribed.
(2)For the purposes of section 12(2) of the Act, the form prescribed by subregulation (1) with such modifications as are necessary and including —
(a)the name, address and telex, facsimile and telephone numbers of the occupier of the place on land from which the discharge occurred; and
(b)the geographical location where the discharge occurred,
is prescribed.
8.Oil record book
For the purposes of section 13(3) of the Act a ship shall carry an oil record book of the kind prescribed for the ship by the Commonwealth regulations for the purposes of the corresponding section of the Commonwealth Act.
9.Prescribed operations or occurrences (oil record book)
For the purposes of section 13(5) of the Act, each of the operations and occurrences prescribed by the Commonwealth regulations for the purposes of the corresponding section of the Commonwealth Act is a prescribed operation or occurrence, as the case may be.
10.Cargo record book
For the purposes of section 23(3) of the Act, the prescribed form for a cargo record book is that prescribed by the Commonwealth regulations for the purposes of the corresponding section of the Commonwealth Act.
11.Prescribed operations and occurrences (cargo record book)
For the purposes of section 23(5) of the Act, each of the operations and occurrences prescribed by the Commonwealth regulations for the purposes of the corresponding section of the Commonwealth Act is a prescribed operation or occurrence, as the case may be.
12.Regulation 8 of Annex II to have the force of law
Regulation 8 of Annex II to the Convention applies to ships in the manner and to the extent prescribed by the Commonwealth regulations.
13.Exemptions
The ships exempted by the Commonwealth regulations from the provisions of the Commonwealth Act and the Commonwealth regulations are exempted from the Act and these regulations.
Notes
1This is a reprint as at 7 May 2004 of the Pollution of Waters by Oil and Noxious Substances Regulations 1993. The following table contains information about those regulations and any reprint.
Compilation table
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Citation
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Gazettal
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Commencement
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Pollution of Waters by Oil and Noxious Substances Regulations 1993
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29 Jun 1993 p. 3179‑81
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1 Jul 1993 (see r. 2 and Gazette 29 Jun 1993 p. 3163)
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Reprint 1: The Pollution of Waters by Oil and Noxious Substances Regulations 1993 as at 7 May 2004
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2Under the Marine and Harbours Act 1981 s. 20(2), in any written law, unless the contrary intention appears, a reference to the Department of Marine and Harbours is to be read and construed as a reference to the department of the Public Service principally assisting the Minister in the administration of that Act.
By Authority: JOHN A. STRIJK, Government Printer