Commonwealth Consolidated Acts

PROTECTION OF THE SEA LEGISLATION AMENDMENT ACT 1986 - SCHEDULE 7

Subsection   34 (3)

ANNEX IV

Section   3

REGULATIONS FOR THE PREVENTION OF POLLUTION BY SEWAGE FROM SHIPS

Regulation 1

Definitions

F or the purposes of the present Annex:

(1)   " New ship " means a ship:

(a)   for which the building contract is placed, or in the absence of a building contract, the keel of which is laid, or which is at a similar stage of construction, on or after the date of ent ry into force of this Annex; or

(b)   the delivery of which is three years or more after the date of entry into force of this Annex.

(2)   " Existing ship " means a ship which is not a new ship.

(3)   " Sewage " means:

(a)   drainage and other wastes from any form of toilets, urinals , and WC scuppers;

(b)   drainage from medical premises (dispe nsary, sick bay, etc.) via wash basins, wash tubs and scu ppers located in such premises;

(c)   drainage from space s containing living animals; or

(d)   other waste waters when mixed wi th the drainages defined above.

(4)   " Holding tank " means a tank used fo r the collection and storage of sewage.

(5)   " Nearest land " , The term " from t he nearest land " means from the baseline from which the territorial sea of the territory in question is established in accordance with international la w except that, for the purposes of the present Convention " from the nearest la nd " off the north eastern coast of Australia shall mean from a line dra wn from a point on the coast of Australia in

latitude 11 degrees 00' S outh, longitude 142 degrees 08' East to a point in latitude 10 degrees 35' South,

longitude 141 degrees 55' East ; thence to a point latitude 10 degrees 00' South,

longitu de 142 degrees 00' East, thence to a poin t latitude 9 degrees 10' South,

longitu de 143 degrees 52' East, thence to a poin t latitude 9 degrees 00' South,

longitu de 144 degrees 30' East, thence to a point latitude 13 degrees 00' South,

longitu de 144 degrees 00' East, thence to a point latitude 15 degrees 00' South,

longitu de 146 degrees 00' East, thence to a point latitude 18 degrees 00' South,

longitu de 147 degrees 00' East, thence to a point latitude 21 degrees 00' South,

longitu de 153 degrees 00' East, thence to a poi nt on the coast of Australia in latitude 24 degrees 42' South, l ongitude 153 degrees 15' East.

Regulation 2

Application

The provision s of this Annex shall apply to:

(a)   (i)   new ships of 20 0 tons gross tonnage and above;

  (ii)   new ships of less than 200 tons gross tonnage which are certified to carry more than 10 persons;

  (iii)   new ships which do not have a measured gross tonnage and are certified to carry more than 10 p ersons; and

(b)   (i)   existing ships of 200 tons gr oss tonnage and above, 10 years after the date of entry into force of this Annex;

  (ii)   existing ships of less than 2 00 tons gross tonnage which are certified to carry more than 10 persons, 10 y ears after the date of entry into force of this Annex; and

  (iii)   existing ships which do not have a measured gross tonnage and are certified to carry more than 10 persons, 1 0 years after the date of entry into force of this Annex.

Regulation 3

Surveys

(1)   Every ship which is required to comply wi th the provisions of this Annex and which is engaged in voyages to ports or offshore terminals under the jurisdiction of other parties to the Con vention shall be subject to the surveys specified below:

(a )   An initial survey before the ship is put in service or before the Certificate required under Regulation 4 of thi s Annex is issued for the first time, which shall include a survey of the ship which shall be such as to ensure:

  (i)   when the ship is equipped with a s ewage treatment plant the plant shall meet operational requirements based on standards and the test methods developed by the Organization;

  (ii)   when the ship is fitted with a sy stem to comminute and disinfect the sewage, such a system shall be of a type approved by the Administration;

  (iii)   when the ship is equipped with a holding ta nk the capacity of such tank shall be to the satisfaction of the Admi nistration for the retention of all sewage having regard to the operation of the ship, the number of persons on board and other relevant factors. The hol ding tank shall have a means to indicate visually the amount of its contents; and

  (iv)   that the ship is equipped with a p ipeline leading to the exterior convenient for the discharge of sewage to a r eception facility and that such a pipeline is fitted with a standard shore connecti on in compliance with Regulation 11 of this Annex.

  This survey shall be such as to ensur e that the equipment, fittings, arrangements and material fully comply with the applicable requirements of this Annex.

(b)   Periodical surveys at intervals spec ified by the Administration but not exceeding five years which shall be such a s to ensure that the equipment, fittings, arrangements and material f ully comply with the applicable requirements of this Annex. However, where th e duration of the International Sewage Pollution Prevention Certificate (19 73) is extended as specified in Regulation 7 (2) or (4) of this Annex, the in terval of the periodical survey may be extended correspondingly.

(2)   The Administration shall establish appropriate measures for ship s which are not subject to provisions of paragraph   ( 1) of this Regulation in order to ensure that the provisions o f this Annex are complied with.

(3)   Surveys of the ship as regards enforc ement of the provisions of this Annex shall be carried out by officers of the Adm inistration. The Administration may, however, entrust the surveys either to surveyo rs nominated for the purpose or to organizations recognized by it. In every ca se the Administration concerned fully   guarantees the completeness and efficie ncy of the surveys.

(4)   After any survey of the ship under this Regulation has been completed, no significant change shall be made in the equipm ent, fittings, arrangements, or material covered by the survey without the approval of the Administration, except the direct replacement of such equipment or fittings.

Regulation 4

Issue of Certificate

(1)   An International Sewage Pollution Prevent ion Certificate (1973) shall be issued, after survey in accordance with th e provisions of Regulation 3 of this Annex, to any ship which is engaged in voyages to ports or offshore terminals under the jurisdiction of o ther Parties to the Convention.

(2)   Such Certificate shall be issued either by the Administration or by any persons or organization duly auth orized by it. In every case the Administration assumes full respons ibility for the Certificate.

Regulation 5

Issue of a Ce rtificate by another Government

(1)   The Government of a Party to the Conven tion may, at the request of the Administration, cause a ship to be surv eyed and, if satisfied that the provisions of this Annex are complied wit h, shall issue or authorize the issue of an International Sewage Pollution Preve ntion Certificate (1973) to the ship in accordance with this Annex.

(2)   A copy of the Certificate and a cop y of the survey report shall be transmitted as early as possible to the Admini stration requesting the survey.

(3)   A Certificate so issued shall contain a statement to the effect that it has been issued at the request of the Administration and it shall have the same force and receive the same recognition as the Certificate issued under Regulation 4 of this Annex.

(4)   No International Sewage Pollution Prevent ion Certificate (1973) shall be issued to a ship which is entitled to fly the flag of a St ate, which is not a Party.

Regulation 6

Form of Certificate

  The International Sewage Pollution Prevent ion Certificate (1973) shall be drawn up in an official language of the issuing coun try in the form corresponding to the model given in the Appendix to this Annex. If the language used is neither English nor French, the text s hall include a translation into one of these languages.

Regulation 7

Duration of Certificate

(1)   An International Sewage Pollution Prevent ion Certificate (1973) shall be issued for a period specified by the Adminis tration, which shall not exceed five years from the date of issue, except as provided in paragraph   ( 2), (3) and (4) of this Regulation.

(2)   If a ship at the time when the Certificate expires is not in a port or offshore terminal under the jurisdiction of th e Party to the Convention whose flag the ship is entitled to fly, the Certificate may be extended by the Administration, but such extension shall be granted only for the purpose of allowing the ship to complete its voyage to t he State whose flag the ship is entitled to fly or in which it is to be survey ed and then only in cases where it appears proper and reasonable to do so.

(3)   No Certificate shall be thus extende d for a period longer than five months and a ship to which such extension is granted shall not on its arrival in the State whose flag it is entitled to fly or the port in whic h it is to be surveyed, be entitled by virtue of such extens ion to leave that port or State without hav ing obtained a new Certificate.

(4)   A Certificate which has not been e xtended under the provisions of paragraph   ( 2) of this Regulation may be extended by the Administration for a period of grace of up to one month from t he date of expiry stated on it.

(5)   A Certificate shall cease to be valid if significant alterations have taken place in the equipment, fittings, arrangement or material required with out the approval of the Administration, except the direct replacement of such equipment or fittings.

(6)   A Certificate issued to a ship shall cea se to be valid upon transfer of such a ship to the flag of another State, except as provided in paragraph   ( 7) of this Regulation.

( 7)   Upon transfer of a ship to the flag of another Party, the Certificate shall remain in force for a period not exceeding fiv e months provided that it would not have expired before the end of that period, or until the Administrati on issues a replacement Certificate, whichever is earlier. As soon as possible after the tranfer has taken place the Governm ent of the Party whose flag the ship was formerly entitled to fly shall transm it to the Administration a copy of the Certificate carried by the ship before th e transfer and, if available, a copy of the relevant survey report.

Regulation 8

Discharge of Sewage

(1)   Subject to the provisions of Regulation 9 of this Annex , the discharge of sewage into the sea is prohibited, except when:

(a)   the ship is discharging comminuted and disinfected sewage using a system approved by the Administration in accordance with Regulation 3 (1) (a) at a distance of more than four nautical miles f rom the nearest land, or sewage which is not comminuted or disinfected at a distance of more than 12 nautical miles from the nearest land, provided that in any case, the sewage that has been stored in holding tanks shall not be discharged insta ntaneously but at a moderate rate when the ship is en route an d proceeding at not less than 4 knots; the rate of discharge shall be approved b y the Administration based upon standards de veloped by the Organization; or

(b)   the ship has in operation an approved s ewage treatment plant which has been certified by the Administration to me et the operational requirements referred to in Regulation 3 (1) (a) (i) of this Annex, and

  (i)   the test results of the pl ant are laid down in the ship ' s International Sewage Pollution Prevention Certificate (1973);

  (ii)   additionally, the effluent shall not produce visible floating solids in, nor cause discolouratio n of, the surrounding water; or

(c)   the ship is situated in the waters under the jurisdiction of a State and is discharging sewage in accordance with such less stringent requirements as may be imposed by such State.

(2)   When the sewage is mixed with wastes or waste water having different discharge requirements, the more strin gent requirements shall apply.

Regulation 9

Exceptions

Regulation 8 of this Annex shall not apply to:

(a)   the discharge of sewage from a sh ip necessary for the purpose of securing the safety of a ship and those on board or saving life at sea; or

(b)   the discharge of sewage resulti ng from damage to a ship or its equipment if all reasonable precautions have been taken before and after the occurrence of the damage, for the purpose of preventin g or minimizing the discharge.

Regulation 10

Reception Facilities

(1)   The Government of each Party to the Conv ention undertakes to ensure the provision of facilities at ports and terminals for the reception of se wage, without causing undue delay to ships, adequate to meet the needs of the ships using them.

(2)   The Government of each Party sh all notify the Organization for transmission to the Contracting Governments concerned of all cases where the facilities provided under this Regulation are allege d to be inadequate.

Regulation 11

Standard Discharge Connections

  To enable pipes of reception facilities to be connected with the ship ' s discharge pipeline, both lines shall be fitted with a s tandard discharge connection in accor dance with the following table:

STANDARD DIMENSIONS OF FLANGES FOR DISCHARGE CONNECTIONS

For ships having a moulded depth of 5 metres and less, the inner diameter of the discharge connection may be 38 millimetres.

Appendix

FORM OF CERTIFICATE

I NTERNATIONAL SEWAGE POLLUTION PREVENTION CERTIFICATE (1973)

Issued under the Provisions of the International Convention for the
Prevention   of Pollution from Ships, 1973, under the Authority of the Government of

..........................................................

(full designation of the country)

by ........................................................

(full designation of the competent person or organization authorized under the   provisions of the International Convention for the Prevention of Pollution from Ships, 1973)

New/existing ship*

Date of building contact ........................................

Date on which keel was laid or ship

was at a similar stage of construction ...............................

Date of delivery ..............................................

* Delete as appropriate

THIS IS TO CERTIFY THAT:

(1)   The ship is equipped with a sewage treatment plant/comminuter/holding tank* and a discharge pipeline in compliance with Regulation 3(1)(a)(i) to (iv) of Annex IV of the Convention as follows:

*(a)   Description of the sewage treatment plant:

Type of sewage treatment plant ..........................

Name of manufacturer ................................

The sewage treatment plant is certified by the Administration to meet the following effluent standards:** ......

*(b)   Description of comminuter:

Type of comminuter ..................................

Name of manufacturer ................................

Standard of sewage after disinfection.................................... .....

*(c)   Description of holding tank equipment:

Total capacity of the holding tank ........................

Location ..........................................

(d)   A pipeline for the discharge of sewage to a reception facility, fitted with a standard shore connection.

(2)   The ship has been surveyed in accordance with Regulation 3 of Annex IV of the International Convention for the Prevention of Pollution from Ships, 1973, concerning the prevention of pollution by sewage and the survey showed that the equipment of the ship and the condition thereof are in all respects satisfactory and the ship complies with the applicable requirements of Annex IV of the Convention.

This Certificate is valid until .....................................

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

(place of issue of Certificate)

......................................19   .   . ...........................

  (Signature of official issuing the Certificate)

(Seal or stamp of the Issuing Authority, as appropriate)

Under the provisions of Regulations 7 (2) and (4) of Annex IV of the Convention the validity of this Certificate is extended until

.............................................................................. ......................

  Signed .......................

  (Signature of duly authorized official)

  Place ........................

  Date ........................

(Seal or stamp of the Authority, as appropriate)

*   Delete as appropriate

** Parameters should be incorporated

ANNEX V

REGULATIONS FOR THE PREVENTION OF POLLUTION BY GARBAGE FROM SHIPS

Regulation 1

Definitions

  For the purposes of this Annex:

(1)   " Garbage " means all kinds of victual, domestic and operational waste excluding fresh fish and parts thereof, genera ted during the normal operation of the ship and liable to be disposed of cont inuously or periodically except those substances which are defined or listed in other Annexes to the present Convention.

(2)   " Nearest land " . The term " from the neares t land " means from the baseline from which the territorial sea of the territor y in question is established in accordance with international law excep t that, for the purposes of the present Convention " from the nearest land " off the north easte rn coast of Australia shall mean from a line drawn from a poi nt on the coast of Australia in

latitude 11 degress 00' S outh, longitude 142 degrees 08' East to a point in latitude 10 degrees 35' South,

longitude 141 degrees55' East, thence to a point lat itude 10 degrees00' South,

longitude 142 degrees00' East, thence t o a point latitude 9 degrees10' South,

longitude 143 degrees52' East, thence to a point latitud e 9 degrees00' South,

longitude 144 degrees30' East, thence to a point latitude 13 degrees00' South,

longitude 144 degrees00' East, thence to a point latitude 15 degrees00' South,

longitude 146 degrees00' East, thence to a point latitude 18 degrees 00' South,

longitude 147 degrees00' East, thence to a point latitude 21 degrees00' South,

longitude 153 degrees00' East, thence to a poi nt on the coast of Australia in latitude 24 degrees42' South, longitude 153 degrees15' East.

(3)   " Special area " means a sea area where for recognised technical reasons in relation to its oceanographical and ecological condition and to the particular character of its traffic the adoption of sp ecial mandatory methods for the prevention of sea pollution by garbage is re quired. Special areas shall include those listed in Regulation 5 of this Annex.

Regulation 2

Application

  The provisions of this Annex shall apply to all ships.

Regulation 3

Disposal o f Garbage outside Special Areas

(1)   Subject to the provisions of Regula tions 4, 5 and 6 of this Annex:

(a)   the disposal into the sea of all plas tics, including but not limited to synthetic ropes, synthetic fishing n ets and plastic garbage bags is prohibited;

(b)   the disposal into the sea of the fol lowing garbage shall be made as far as practicable from the nearest land but i n any case is prohibited if the distance from the nearest land is les s than:

  (i)   25 nautical miles for dunnage, lining and pack ing materials which will float;

  (ii)   12 nautical miles for food wastes and all other garbage including paper products, rags, glass, metal, bottle s, crockery and similar refuse;

(c)   disposal into the sea of garbage spec ified in sub - paragraph   ( b) (ii) of this Regulation may be permitted when it has passed through a comminuter or grinder and made as far as practicable from t he nearest land but in any case is prohibited if the distance from the neare st land is less than 3 nautical miles. Such comminuted or ground garbage shall be capable of passing through a screen with openings no greater than 25 millimetres.

(2)   When the garbage is mixed with other disch arges having different disposal or discharge requirements the more stri ngent requirements shall apply.

Regulation 4

Special Requirements for Disposal of Garbage

(1)   Subject to the provisions of paragraph   ( 2) of this Regulation, the disposal of any materials regulated by this Annex is pr ohibited from fixed or floating platforms engaged in the exploration, exploitation and associated offsho re processing of seabed mineral resources , and from all other ships when alongside or withi n 500 metres of such platforms.

(2)   The disposal into the sea of food wastes may be permitted when they have been passed through a comminuter or grinder from such f ixed or floating platforms located more than 12 nautical mile s from land and all other ships when alongside or within 500 metres of such platf orms. Such comminuted or ground food wastes shall be capable of passing through a screen with openings no greate r than 25 millimetres.

Regulation 5

Disposal of Garbage within Special Areas

(1)   For the purposes of this Annex the spec ial areas are the Mediterranean Sea area, the Baltic Sea area, the Black Sea a rea, the Red Sea area and the " Gulfs area " which are defined as follows:

(a )   The Mediterranean Sea area mea ns the Mediterranean Sea proper including the gulfs and seas therein with the boundar y between the Mediterranean and the Black Sea constituted by the 41 degreesN para llel and bounded to the west by the Straits of Gibraltar at the meridian of 5 degrees36'W.

(b)   The Baltic Sea area means the Bal tic Sea proper with the Gulf of Bothnia and the Gulf of Finland and the entrance to the Baltic Sea bou nded by the parallel of the Skaw in the Skagerrak at 57 degrees44.8'N.

(c)   The Black Sea area means the Bla ck Sea proper with the boundary between the Mediterranean and the Black Sea constitut ed by the parallel 41 degreesN.

(d)   The Red Sea area means the Red Sea pro per including the Gulfs of Suez and Aqaba bounded at the south by the rhumb line between Ras si Ane (12 degrees 8.5'N, 43 degrees19.6'E) and Husn Murad (12 de grees40.4'N, 43 degrees30.2'E).

(e)   The " Gulfs area " means the sea area loca ted north west of the rhumb line between Ras al Hadd (2 2 degrees30'N, 59 degrees 48'E) and Ras al Fasteh (25 degrees 04'N, 61 degrees25'E).

(2)   Subject to the provisions of Regulation 6 of this Annex:

(a)   disposal into the sea of the following is proh ibited:

  (i)   all plastics, including but not limited to synthetic ropes, synthetic fishing net s and plastic garbage bags; and

  (ii)   all other garbage, including pape r products, rags, glass, metal, bottles, crockery, dunnage, lining and packin g materials;

(b)   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.

(3)   When the garbage is mixed with other disch arges having different disposal o r discharge requirements the more stri ngent requirements shall apply.

(4)   Reception f acilities within special areas:

(a)   The Government of each Party to the Con vention, the coastline of which borders a special area undertakes to ensure that as soon a s possible in all ports within a special area, adequate recep tion facilities are provided in accordance with Regulation 7 of this Annex, taking into account the special needs of ships operating in these areas.

(b)   The Government of each Party concerned shall notify the Organization of the measures taken pursuant to sub - paragraph   ( a) of this Regulation. Upon receipt of sufficient notifications the Orga nization shall establish a date from which the requirements of this Regulation in respect of the area i n question shall take effect. The Organization shall no tify all Parties of the date so established no less than twelve months in advance of that date.

( c)   After the date so established, ships calling also at ports in these special areas where such facilities are not ye t available, shall fully comply with the re quirements of this Regulation.

Regulation 6

Exceptions

  Regulations 3, 4 and 5 of this Annex shall not apply to:

(a)   the disposal of garbage from a sh ip necessary for the purpose of securing the safety of a ship and those on board or saving life at sea; or

(b)   The escape of garbage resulting from da mage to a ship or its equipment provided all reasonable precautions have been taken before and after the occurrence of the damage, for the purpose of preventing or minimizing the escape; or

(c)   the accidental loss of synthetic fis hing nets or synthetic material incidental to the repair of such nets, provided that all rea sonable precautions have b een taken to prevent such loss.

Regulation 7

Reception Facilities

(1)   The Government of each Party to the Conv ention undertakes to ensure the provision of facilities at ports and terminal s for the reception of garbage, without causing undue delay to ships, and acco rding to the needs of the ships using them.

(2) The Government of each Party sh all notify the Organization for transmission to the Parties concerned of all cases wher e the facilities provided under this Regulatio n are alleged to be inadequate.

S chedule   8 -- Schedule substituted for Schedule   2 to the Protection of the Sea (Civil Liability) Act 1981

Section   40

SCHEDULE   2

Section   3

PROTOCOL OF 1992 TO AMEND THE INTERNATIONAL CONVENTION ON CIVIL LIABILITY FOR OIL POLLUTION DAMAGE, 1969

THE PARTIES TO THE PRESENT PROTOCOL,

HAVING CONSIDERED the International Convention on Civil Liability for Oil Pollution Damage, 1969, and the 1984 Protocol thereto,

HAVING NOTED that the 1984 Protocol to that Convention, which provides for improved scope and enhanced compensation, has not entered into force,

AFFIRMING the importance of maintaining the viability of the international oil pollution liability and compensation system,

AWARE OF the need to ensure the entry into force of the content of the 1984 Protocol as soon as possible,

RECOGNIZING that special provisions are necessary in connection with the introduction of corresponding amendments to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1971,

HAVE AGREED as follows:

Article 1

The Convention which the provisions of this Protocol amend is the International Convention on Civil Liability for Oil Pollution Damage, 1969, hereinafter referred to as the "1969 Liability Convention". For States Parties to the Protocol of 1976 to the 1969 Liability Convention, such reference shall be deemed to include the 1969 Liability Convention as amended by that Protocol.

Article 2

Article I of the 1969 Liability Convention is amended as follows:

1.   Paragraph 1 is replaced by the following text:

1.   "Ship" means any sea - going vessel and seaborne craft of any type whatsoever constructed or adapted for the carriage of oil in bulk as cargo, provided that a ship capable of carrying oil and other cargoes shall be regarded as a ship only when it is actually carrying oil in bulk as cargo and during any voyage following such carriage unless it is proved that it has no residues of such carriage of oil in bulk aboard.

2.   Paragraph 5 is replaced by the following text:

5.   "Oil" means any persistent hydrocarbon mineral oil such as crude oil, fuel oil, heavy diesel oil and lubricating oil, whether carried on board a ship as cargo or in the bunkers of such a ship.

3.   Paragraph 6 is replaced by the following text:

6.   "Pollution damage" means:

(a)   loss or damage caused outside the ship by contamination resulting from the escape or discharge of oil from the ship, wherever such escape or discharge may occur, provided that compensation for impairment of the environment other than loss of profit from such impairment shall be limited to costs of reasonable measures of reinstatement actually undertaken or to be undertaken;

(b)   the costs of preventive measures and further loss or damage caused by preventive measures.

4.   Paragraph 8 is replaced by the following text:

8.   "Incident" means any occurrence, or series of occurrences having the same origin, which causes pollution damage or creates a grave and imminent threat of causing such damage.

5.   Paragraph 9 is replaced by the following text:

9.   "Organization" means the International Maritime Organization.

6.   After paragraph 9 a new paragraph is inserted reading as follows:

10.   "1969 Liability Convention" means the International Convention on Civil Liability for Oil Pollution Damage, 1969. For States Parties to the Protocol of 1976 to that Convention, the term shall be deemed to include the 1969 Liability Convention as amended by that Protocol.

Article 3

Article II of the 1969 Liability Convention is replaced by the following text:

This Convention shall apply exclusively:

(a)   to pollution damage caused:

(i)   in the territory, including the territorial sea, of a Contracting State , and

(ii)   in the exclusive economic zone of a Contracting State, established in accordance with international law, or, if a Contracting State has not established such a zone, in an area beyond and adjacent to the territorial sea of that State determined by that State in accordance with international law and extending not more than 200 nautical miles from the baseline from which the breadth of its territorial sea is measured;

(b)   to preventive measures, wherever taken, to prevent or minimize such damage.

Article 4

Article III of the 1969 Liability Convention is amended as follows:

1.   Paragraph 1 is replaced by the following text:

1.   Except as provided in paragraphs 2 and 3 of this Article, the owner of a ship at the time of an incident, or, where the incident consists of a series of occurrences, at the time of the first such occurrence, shall be liable for any pollution damage caused by the ship as a result of the incident.

2.   Paragraph 4 is replaced by the following text:

4.   No claim for compensation for pollution damage may be made against the owner otherwise than in accordance with this Convention. Subject to paragraph 5 of this Article, no claim for compensation for pollution damage under this Convention or otherwise may be made against:

(a)   the servants or agents of the owner or the members of the crew;

(b)   the pilot or any other person who, without being a member of the crew, performs services for the ship;

(c)   any charterer (howsoever described, including a bareboat charterer), manager or operator of the ship;

(d)   any person performing salvage operations with the consent of the owner or on the instructions of a competent public authority;

(e)   any person taking preventive measures;

(f)   all servants or agents of persons mentioned in subparagraphs   ( c), (d) and (e);

unless the damage resulted from their personal act or omission, committed with the intent to cause such damage, or recklessly and with knowledge that such damage would probably result.

Article 5

Article IV of the 1969 Liability Convention is replaced by the following text:

When an incident involving two or more ships occurs and pollution damage results therefrom, the owners of all the ships concerned, unless exonerated under Article III, shall be jointly and severally liable for all such damage which is not reasonably separable.

Article 6

Article V of the 1969 Liability Convention is amended as follows:

1.   Paragraph 1 is replaced by the following text:

1.   The owner of a ship shall be entitled to limit his liability under this Convention in respect of any one incident to an aggregate amount calculated as follows:

(a)   3 million units of account for a ship not exceeding 5,000 units of tonnage;

(b)   for a ship with a tonnage in excess thereof, for each additional unit of tonnage, 420 units of account in addition to the amount mentioned in subparagraph   ( a);

provided, however, that this aggregate amount shall not in any event exceed 59.7 million units of account.

2.   Paragraph 2 is replaced by the following text:

2.   The owner shall not be entitled to limit his liability under this Convention if it is proved that the pollution damage resulted from his personal act or omission, committed with the intent to cause such damage, or recklessly and with knowledge that such damage would probably result.

3.   Paragraph 3 is replaced by the following text:

3.   For the purpose of availing himself of the benefit of limitation provided for in paragraph 1 of this Article the owner shall constitute a fund for the total sum representing the limit of his liability with the Court or other competent authority of any one of the Contracting States in which action is brought under Article IX or, if no action is brought, with any Court or other competent authority in any one of the Contracting States in which an action can be brought under Article IX. The fund can be constituted either by depositing the sum or by producing a bank guarantee or other guarantee, acceptable under the legislation of the Contracting State where the fund is constituted, and considered to be adequate by the Court or other competent authority.

4.   Paragraph 9 is replaced by the following text:

9(a).   The "unit of account" referred to in paragraph 1 of this Article is the Special Drawing Right as defined by the International Monetary Fund. The amounts mentioned in paragraph 1 shall be converted into national currency on the basis of the value of that currency by reference to the Special Drawing Right on the date of the constitution of the fund referred to in paragraph 3. The value of the national currency, in terms of the Special Drawing Right, of a Contracting State which is a member of the International Monetary Fund shall be calculated in accordance with the method of valuation applied by the International Monetary Fund in effect on the date in question for its operations and transactions. The value of the national currency, in terms of the Special Drawing Right, of a Contracting State which is not a member of the International Monetary Fund shall be calculated in a manner determined by that State.

9(b).   Nevertheless, a Contracting State which is not a member of the International Monetary Fund and whose law does not permit the application of the provisions of paragraph 9(a) may, at the time of ratification, acceptance, approval of or accession to this Convention or at any time thereafter, declare that the unit of account referred to in paragraph 9(a) shall be equal to 15 gold francs. The gold franc referred to in this paragraph corresponds to sixty - five and a half milligrammes of gold of millesimal fineness nine hundred. The conversion of the gold franc into the national currency shall be made according to the law of the State concerned.

9(c).   The calculation mentioned in the last sentence of paragraph 9(a) and the conversion mentioned in paragraph 9(b) shall be made in such manner as to express in the national currency of the Contracting State as far as possible the same real value for the amounts in paragraph 1 as would result from the application of the first three sentences of paragraph 9(a). Contracting States shall communicate to the depositary the manner of calculation pursuant to paragraph 9(a), or the result of the conversion in paragraph 9(b) as the case may be, when depositing an instrument of ratification, acceptance, approval of or accession to this Convention and whenever there is a change in either.

5.   Paragraph 10 is replaced by the following text:

10.   For the purpose of this Article the ship's tonnage shall be the gross tonnage calculated in accordance with the tonnage measurement regulations contained in Annex I of the International Convention on Tonnage Measurement of Ships, 1969.

6.   The second sentence of paragraph 11 is replaced by the following text:

Such a fund may be constituted even if, under the provisions of paragraph 2, the owner is not entitled to limit his liability, but its constitution shall in that case not prejudice the rights of any claimant against the owner.

Article 7

Article VII of the 1969 Liability Convention is amended as follows:

1.   The first two sentences of paragraph 2 are replaced by the following text:

A certificate attesting that insurance or other financial security is in force in accordance with the provisions of this Convention shall be issued to each ship after the appropriate authority of a Contracting State has determined that the requirements of paragraph 1 have been complied with. With respect to a ship registered in a Contracting State such certificate shall be issued or certified by the appropriate authority of the State of the ship's registry; with respect to a ship not registered in a Contracting State it may be issued or certified by the appropriate authority of any Contracting State .

2.   Paragraph 4 is replaced by the following text:

4.   The certificate shall be carried on board the ship and a copy shall be deposited with the authorities who keep the record of the ship's registry or, if the ship is not registered in a Contracting State, with the authorities of the State issuing or certifying the certificate.

3.   The first sentence of paragraph 7 is replaced by the following text:

Certificates issued or certified under the authority of a Contracting State in accordance with paragraph 2 shall be accepted by other Contracting States for the purposes of this Convention and shall be regarded by other Contracting States as having the same force as certificates issued or certified by them even if issued or certified in respect of a ship not registered in a Contracting State.

4.   In the second sentence of paragraph 7 the words "with the State of a ship's registry" are replaced by the words "with the issuing or certifying State".

5.   The second sentence of paragraph 8 is replaced by the following text:

In such case the defendant may, even if the owner is not entitled to limit his liability according to Article V, paragraph 2, avail himself of the limits of liability prescribed in Article V, paragraph 1.

Article 8

Article IX of the 1969 Liability Convention is amended as follows:

Paragraph 1 is replaced by the following text:

1.   Where an incident has caused pollution damage in the territory, including the territorial sea or an area referred to in Article II, of one or more Contracting States or preventive measures have been taken to prevent or minimize pollution damage in such territory including the territorial sea or area, actions for compensation may only be brought in the Courts of any such Contracting State or States. Reasonable notice of any such action shall be given to the defendant.

Article 9

After Article XII of the 1969 Liability Convention two new Articles are inserted as follows:

Article XII bis

Transitional provisions

The following transitional provisions shall apply in the case of a State which at the time of an incident is a Party both to this Convention and to the 1969 Liability Convention:

(a)   where an incident has caused pollution damage within the scope of this Convention, liability under this Convention shall be deemed to be discharged if, and to the extent that, it also arises under the 1969 Liability Convention;

(b)   where an incident has caused pollution damage within the scope of this Convention, and the State is a Party both to this Convention and to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1971, liability remaining to be discharged after the application of subparagraph   ( a) of this Article shall arise under this Convention only to the extent that pollution damage remains uncompensated after application of the said 1971 Convention;

(c)   in the application of Article III, paragraph 4, of this Convention the expression "this Compensation" shall be interpreted as referring to this Convention or the 1969 Liability Convention, as appropriate;

(d)   in the application of Article V, paragraph 3, of this Convention the total sum of the fund to be constituted shall be reduced by the amount by which liability has been deemed to be discharged in accordance with subparagraph   ( a) of this Article.

Article XII ter

Final clauses

The final clauses of this Convention shall be Articles 12 to 18 of the Protocol of 1992 to amend the 1969 Liability Convention. References in this Convention to Contracting States shall be taken to mean references to the Contracting States of that Protocol.

Article 10

The model of a certificate annexed to the 1969 Liability Convention is replaced by the model annexed to this Protocol.

Article 11

1.   The 1969 Liability Convention and this Protocol shall, as between the Parties to this Protocol, be read and interpreted together as one single instrument.

2.   Articles I to XII ter, including the model certificate, of the 1969 Liability Convention as amended by this Protocol shall be known as the International Convention of Civil Liability for Oil Pollution Damage, 1992 (1992 Liability Convention).

FINAL CLAUSES

Article 12

Signature, ratification, acceptance, approval and accession

1.   This Protocol shall be open for signature at London from 15   January 1993 to 14   January 1994 by all States.

2.   Subject to paragraph 4, any State may become a Party to this Protocol by:

(a)   signature subject to ratification, acceptance or approval followed by ratification, acceptance or approval; or

(b)   accession.

3.   Ratification, acceptance, approval or accession shall be effected by the deposit of a formal instrument to that effect with the Secretary - General of the Organization.

4.   Any Contracting State to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1971, hereinafter referred to as the 1971 Fund Convention, may ratify, accept, approve or accede to this Protocol only if it ratifies, accepts, approves or accedes to the Protocol of 1992 to amend that Convention at the same time, unless it denounces the 1971 Fund Convention to take effect on the date when this Protocol enters into force for that State.

5.   A State which is a Party to this Protocol but not a Party to the 1969 Liability Convention shall be bound by the provisions of the 1969 Liability Convention as amended by this Protocol in relation to other State Parties hereto, but shall not be bound by the provisions of the 1969 Liability Convention in relation to States Parties thereto.

6.   Any instrument of ratification, acceptance, approval or accession deposited after the entry into force of an amendment to the 1969 Liability Convention as amended by this Protocol shall be deemed to apply to the Convention so amended, as modified by such amendment.

Article 13

Entry into force

1.   This Protocol shall enter into force twelve months following the date on which ten States including four States each with not less than one million units of gross tanker tonnage have deposited instruments of ratification, acceptance, approval or accession with the Secretary - General of the Organization.

2.   However, any Contracting State to the 1971 Fund Convention may, at the time of the deposit of its instrument of ratification, acceptance, approval or accession in respect of this Protocol, declare that such instrument shall be deemed not to be effective for the purposes of this Article until the end of the six - month period in Article 31 of the Protocol of 1992 to amend the 1971 Fund Convention. A State which is not a Contracting State to the 1971 Fund Convention but which deposits an instrument of ratification, acceptance, approval or accession in respect of the Protocol of 1992 to amend the 1971 Fund Convention may also make a declaration in accordance with this paragraph at the same time.

3.   Any State which has made a declaration in accordance with the preceding paragraph may withdraw it at any time by means of a notification addressed to the Secretary - General of the Organization. Any such withdrawal shall take effect on the date the notification is received, provided that such State shall be deemed to have deposited its instrument of ratification, acceptance, approval or accession in respect of this Protocol on that date.

4.   For any State which ratifies, accepts, approves or accedes to it after the conditions in paragraph 1 for entry into force have been met, this Protocol shall enter into force twelve months following the date of deposit by such State of the appropriate instrument.

Article 14

Revision and amendment

1.   A Conference for the purposes of revising or amending the 1992 Liability Convention may be convened by the Organization.

2.   The Organization shall convene a Conference of Contracting States for the purpose of revising or amending the 1992 Liability Convention at the request of not less than one third of the Contracting States.

Article 15

Amendments of limitation amounts

1.   Upon the request of at least one quarter of the Contracting States any proposal to amend the limits of liability laid down in Article V, paragraph 1, of the 1969 Liability Convention as amended by this Protocol shall be circulated by the Secretary - General to all Members of the Organization and to all Contracting States.

2.   Any amendment proposed and circulated as above shall be submitted to the Legal Committee of the Organization for consideration at a date at least six months after the date of its circulation.

3.   All Contracting States to the 1969 Liability Convention as amended by this Protocol, whether or not Members of the Organization, shall be entitled to participate in the proceedings of the Legal Committee for the consideration and adoption of amendments.

4.   Amendments shall be adopted by a two - thirds majority of the Contracting States present and voting in the Legal Committee, expanded as provided for in paragraph 3, on condition that at least one half of the Contracting States shall be present at the time of voting.

5.   When acting on a proposal to amend the limits, the Legal Committee shall take into account the experience of incidents and in particular the amount of damage resulting therefrom, changes in the monetary values and the effect of the proposed amendment on the cost of insurance. It shall also take into account the relationship between the limits in Article V, paragraph 1, of the 1969 Liability Convention as amended by this Protocol and those in Article 4, paragraph 4, of the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1992.

6(a).   No amendment of the limits of liability under this Article may be considered before 15   January 1998 nor less than five years from the date of entry into force of a previous amendment under this Article. No amendment under this Article shall be considered before this Protocol has entered into force.

(b).   No limit may be increased so as to exceed an amount which corresponds to the limit laid down in the 1969 Liability Convention as amended by this Protocol increased by 6 per cent per year calculated on a compound basis from 15   January 1993.

(c).   No limit may be increased so as to exceed an amount which corresponds to the limits laid down in the 1969 Liability Convention as amended by this Protocol multiplied by 3.

7.   Any amendment adopted in accordance with paragraph 4 shall be notified by the Organization to all Contracting States. The amendment shall be deemed to have been accepted at the end of a period of eighteen months after the date of notification, unless within that period not less than one quarter of the States that were Contracting States at the time of the adoption of the amendment by the Legal Committee have communicated to the Organization that they do not accept the amendment in which case the amendment is rejected and shall have no effect.

8.   An amendment deemed to have been accepted in accordance with paragraph 7 shall enter into force eighteen months after its acceptance.

9.   All Contracting States shall be bound by the amendment, unless they denounce this Protocol in accordance with Article 16, paragraphs 1 and 2, at least six months before the amendment enters into force. Such denunciation shall take effect when the amendment enters into force.

10.   When an amendment has been adopted by the Legal Committee but the eighteen - month period for its acceptance has not yet expired, a State which becomes a Contracting State during that period shall be bound by the amendment if it enters into force. A State which becomes a Contracting State after that period shall be bound by an amendment which has been accepted in accordance with paragraph 7. In the cases referred to in this paragraph, a State becomes bound by an amendment when that amendment enters into force, or when this Protocol enters into force for that State, if later.

Article 16

Denunciation

1.   This Protocol may be denounced by any Party at any time after the date which it enters into force for that Party.

2.   Denunciation shall be effected by the deposit of an instrument with the Secretary - General of the Organization.

3.   A denunciation shall take effect twelve months, or such longer period as may be specified in the instrument of denunciation, after its deposit with the Secretary - General of the Organization.

4.   As between the Parties to this Protocol, denunciation by any of them of the 1969 Liability Convention in accordance with Article XVI thereof shall not be construed in any way as a denunciation of the 1969 Liability Convention as amended by this Protocol.

5.   Denunciation of the Protocol of 1992 to amend the 1971 Fund Convention by a State which remains a Party to the 1971 Fund Convention shall be deemed to be a denunciation of this Protocol. Such denunciation shall take effect on the date on which denunciation of the Protocol of 1992 to amend the 1971 Fund Convention takes effect according to Article 34 of that Protocol.

Article 17

Depositary

1.   This Protocol and any amendments accepted under Article 15 shall be deposited with the Secretary - General of the Organization.

2.   The Secretary - General of the Organization shall:

(a)   inform all States which have signed or acceded to this Protocol of:

(i)   each new signature or deposit of an instrument together with the date thereof;

(ii)   each declaration and notification under Article 13 and each declaration and communication under Article V, paragraph 9, of the 1992 Liability Convention;

(iii)   the date of entry into force of this Protocol;

(iv)   any proposal to amend limits of liability which has been made in accordance with Article 15, paragraph 1;

(v)   any amendment which has been adopted in accordance with Article 15, paragraph 4;

(vi)   any amendment deemed to have been accepted under Article 15, paragraph 7, together with the date on which that amendment shall enter into force in accordance with paragraphs 8 and 9 of that Article;

(vii)   the deposit of any instrument of denunciation of this Protocol together with the date of the deposit and the date on which it takes effect;

(viii)   any denunciation deemed to have been made under Article 16, paragraph 5;

(ix)   any communication called for by any Article of this Protocol;

(b)   transmit certified true copies of this Protocol to all Signatory States and to all States which accede to this Protocol.

3.   As soon as this Protocol enters into force, the text shall be transmitted by the Secretary - General of the Organization to the Secretariat of the United Nations for registration and publication in accordance with Article 102 of the Charter of the United Nations.

Article 18

Languages

This Protocol is established in a single original in the Arabic, Chinese, English, French, Russian and Spanish languages, each text being equally authentic.

DONE AT LONDON, this twenty - seventh day of November one thousand nine hundred and ninety - two.

IN WITNESS WHEREOF the undersigned, being duly authorized by their respective Governments for that purpose, have signed this Protocol.

ANNEX

CERTIFICATE OF INSURANCE OR OTHER FINANCIAL SECURITY IN RESPECT OF CIVIL LIABILITY FOR OIL POLLUTION DAMAGE

Issued in accordance with the provisions of Article VII of the International Convention on Civil Liability for Oil Pollution Damage, 1992.

This is to certify that there is in force in respect of the above - named ship a policy of insurance or other financial security satisfying the requirements of Article VII of the International Convention on Civil Liability for Oil Pollution Damage, 1992.

Type of Security ..............................................

..........................................................

Duration of Security ...........................................

..........................................................

Name and Address of the Insurer(s) and/or Guarantor(s)

Name ......................................................

Address ....................................................

This certificate is valid until ..................................

Issued or certified by the Government of .........................

.......................................................

(Full designation of the State)

At ...................... On ............................

(Place)   (Date)

...............................

Signature and Title of issuing or certifying Official

Explanatory notes:

1.   If desirable, the designation of the State may include a reference to the competent public authority of the country where the certificate is issued.

2.   If the total amount of security has been furnished by more than one source, the amount of each of them should be indicated.

3.   If security is furnished in several forms, these should be enumerated.

4.   The entry "Duration of Security" must stipulate the date on which such security takes effect. '. " .

Notes to the Protection of the Sea Legislation Amendment Act 1986

Note 1

The Protection of the Sea legislation Amendment Act 1986 as shown in this compilation comprises Act No.   167 , 1986 amended as indicated in the Tables below.

Table of Acts

(a)   The Protection of the Sea Legislation Amendment Act 1986 was amended by section   3 only of the Statute Law (Miscellaneous Provisions) Act 1987 , subsection 2(26) of which provides as follows:

  (26)   The amendments of paragraph 20(2)(b) of, and Schedules   1, 2 and 8 to, the Protection of the Sea Legislation Amendment Act 1986 made by this Act shall respectively come into operation or be deemed to have come into operation, as the case requires, on the commencement of subsection 20(2), subsection 15(1), subsection 15(2) and section   40 of the first - mentioned Act.

  The date fixed in pursuance of subsection 2(26) on the commencement of subsection 20(2) and section   15 was 14   January 1988 ( see Gazette 1988, No. S8) and section   40 was 9   October 1996 ( see Gazette 1996, No.   5376 ) .

(b)   The Protection of the Sea Legislation Amendment Act 1986 was amended by section   45 only of the Transport and Communications Legislation Amendment Act 1990 , paragraph 2(13)(d) of which provides as follows:

  (d)   the amendment of the Protection of the Sea Legislation Amendment Act 1986 is taken to have commenced immediately after the commencement of subsection 20(2) of that Act;

Subsection 20(2) commenced on 14   January 1988 ( see Gazette 1988, No. S8).

(c)   Subsection 2(1) (items   37 and 38) of the Statute Law Revision Act 2007 provides as follows:

  (1)   Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Table of Amendments

 UN number refers to 10 - 35%

 UN number 1114 applies to Benzene

 UN number 2574 applies to Tricresyl phosphate containing more than 3% ortho - isomer.

 Asterisk indicates that the substance has been provisionally included in this list and that further data are necessary in order to complete the evaluation of its environmental hazards, particularly in relation to living resources.