International Commercial Law Series
First published by Uniserve Law, Australian National University, Canberra.
Ship Garbage Disposal - Prosecution Under MARPOL 73/78
Annaliese Caston The first successful conviction of a person under the Commonwealth Protection of the Sea legislation for illegally disposing of garbage from a vessel in Australian waters was handed down recently in the Cocos (Keeling) Islands. The legislation is based on Annex V of the International Convention for the Prevention of Pollution from Ships (known as MARPOL 73/78), introduced in Australia in 1990 and administered nationally by the Australian Maritime Safety Authority (AMSA). In this case, legal action was possible only after quick action by a yacht owner, who witnessed several articles of plastic and other garbage being thrown into a lagoon from another yacht. The witness retrieved the garbage and, a few days later, handed it back to the offender who again threw the same garbage into the lagoon. The witness retrieved the garbage for a second time and reported the matter to local police. The incidents occurred in January 1997. The offender was fined $350 in the Cocos Magistrates Court on 13 March 1997. Although the fine is relatively small, AMSA is hoping the Court action will prompt all boat owners and operators, commercial and recreational, to think twice before disposing of garbage at sea. Similar legal action is being considered following incidents in the Northern Territory and New South Wales. In this case, the offender was on board a vessel anchored approximately 100 metres from an island where the Cocos Island Shire Council provides rubbish bins that are regularly emptied. The international regulations for garbage disposal apply to all ships including yachts, fishing vessels and dinghies. The disposal of plastics is totally prohibited and no other unprocessed garbage should be discharged within 12 nautical miles of the nearest land. Countries are required to provide reception facilities to receive waste proportional to the level of shipping operating in the area. To minimise the amount of garbage onboard, owners of any vessel of 400 tonnes, gross tonnage and above and any vessel certified to carry 15 persons or more are required to develop waste management plans and address issues such as separation, storage and handling of garbage. Amendments to the MARPOL Annex in force in July 1997 include the compulsory recording of all garbage handling activities and the posting of placards on the vessel to provide all crew with information about the regulations. The regulations are applied in Australia nationally by sections 26E-26F of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983. Complementary State legislation applies in some areas. The legislation applies fines up to $1 million for corporations and $200,000 for individuals. For further information contact |