Jamie Briggs (Mayo, Liberal Party, Assistant Minister for Infrastructure and Regional Development) Share this | Hansard source

I move:

That this bill be now read a second time.

Australia has the fifth largest shipping task in the world. Ninety-nine per cent of our imports and exports are carried by ships. As a government, it is our duty to ensure that our laws for prevention of marine pollution are adequate, up to date and consistent with international law.

Today I introduce to the House the Maritime Legislation Amendment Bill that will implement measures to amend and correct errors in Australia's maritime legislation, ensuring our domestic obligations are aligned with various international conventions under our international obligations stemming from the International Maritime Organization, or the IMO.

The bill will amend four principle acts, namely theProtection of the Sea (Prevention of Pollution from Ships) Act 1983, known as the POTS Act; the Navigation Act 2012; the Protection of the Sea (Civil Liability for Bunker Oil Pollution Damage) Act 2008,known as the Bunkers Act; and the Protection of the Sea (Civil Liability) Act 1981,known as the CLC Act.

Of particular importance is the amendment to the Navigation Act, wherebythe definition of 'dangerous goods' is amended to align with the current definition of dangerous goods as defined in Chapter VII of the International Convention for Safety of Life at Sea, commonly referred to as SOLAS.

This bill also corrects minor drafting errors identified from the original drafting of the Navigation Act.

The bill will make amendments to the POTS Act to replace the definition of 'sea-near-a-state' that was amended as an unintended consequence of a drafting error in the Maritime Legislation Amendment Act 2012.

Importantly, this bill will include an additional measure to close a loophole that has been identified in relation to the carriage of heavy grade oil, HGO, in Antarctic waters. In 2014, the Marine Environment Protection Committee of the IMO was made aware that a fishing vessel had sunk in the Antarctic while carrying HGO in its ballast tank for later use as fuel once the ship had left the Antarctic Area—a ballast tank assists with ship stability and would ordinarily hold water. The flag state of this vessel did not take action, as they interpreted the regulation as not extending to banning HGO carried as ballast. This interpretation or loophole is inconsistent with the original intent to minimise the presence of HGO in Antarctic waters to the maximum extent practicable. It also highlighted the real risk to the Antarctic area since this loophole was brought to light as a result of this serious incident. As such, this amendment will close that loophole, ensuring Australia's domestic legislation is consistent with our obligations at the international level.

The Department of Infrastructure and Regional Development identified a drafting error in the Bunkers and CLC acts that affects the Australian Maritime Safety Authority's, or AMSA's, ability to take enforcement action against vessel operators who do not carry appropriate insurance certificates. This bill will correct the errors in that legislation, which will allow action to be taken by AMSA against non-compliant vessel operators. Currently the Bunkers and CLC acts do not accurately specify the appropriate certificate which is to be maintained by a vessel operator.

I commend this bill to the House.

Debate adjourned.

See this speech in context