Mark Vaile (Lyne, National Party, Deputy Prime Minister) Share this | Link to this | Hansard source

I move:

That this bill be now read a second time.

The Maritime Legislation Amendment (Prevention of Pollution from Ships) Bill 2006 amends the Navigation Act 1912 and the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 to implement revised annex I (prevention of pollution by oil) and revised annex II (prevention of pollution by noxious liquid substances) of the International Convention for the Prevention of Pollution from Ships, commonly known as MARPOL. Annexes I and II set out technical requirements aimed at preventing and minimising ship-sourced oil and chemical pollution respectively.

Amendments to annexes I and II were adopted by the International Maritime Organisation in October 2004, and the revised annexes will enter into force internationally on 1 January 2007. The bill should commence on 1 January 2007 to coincide with the international entry into force of the revised annexes I and II.

Revised annex I, Regulations for the prevention of pollution by oil, incorporates recent initiatives which reflect the development of technical best practice in the maritime industry, such as phasing in double hull requirements for oil tankers and designating new regions as ‘special areas’ under the annex. ‘Special areas’ are areas considered to be so vulnerable to pollution by oil that oil discharges within them have been completely prohibited, with minor and well-defined exceptions.

The structure of annex I has been simplified to facilitate ease of interpretation of the requirements under the annex. No substantive changes have been made to the technical requirements. It incorporates the various technical amendments adopted since MARPOL entered into force in 1983.

Revised annex II, Regulations for the control of pollution by noxious liquid substances in bulk, includes a new four-category categorisation system for noxious and liquid substances, which will change the current carriage requirements for some chemicals.

Revised annex II also includes changes to permissible levels of discharge for some noxious liquid substances. Improvements in ship technology have made significantly lower discharge levels of some noxious liquid substances attainable and cost effective. The discharge levels which are now acceptable under annex II have been lowered to reflect the progress made by new technologies. For ships constructed on or after 1 January 2007, the maximum permitted residue in the tank and its associated piping left after discharge will be set at a maximum of 75 litres for products in categories X, Y and Z, compared with previous limits which set a maximum of 100 or 300 litres depending on the product category.

The bill will incorporate the internationally accepted changes to annexes I and II into Australian domestic law, allowing Australia to enforce the more stringent technical requirements contained in the revised annexes to protect human health and the marine environment.

The bill amends the Navigation Act 1912 and the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 to ensure that all amendments to the annexes are implemented in domestic law and that references to the two annexes in existing legislation reflect the new structure and content of the revised annex I and II. I commend the bill to the House.

Debate (on motion by Mr Crean) adjourned.