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Part 3—Certificates and permits—suspension and cancellation

15—Suspension and cancellation

(1) If the holder of a certificate or permit issued under this Schedule—

(a) contravenes or fails to comply with a requirement of the Act, these regulations, or other regulations or laws relating to safe or appropriate mining practices or procedures; or

(b) contravenes or fails to comply with a term or condition of the certificate or permit; or

(c) acts negligently or in an unsafe manner, or in a manner amounting to misconduct, in or in connection with the work of a manager; or

(d) ceases for any other reason to be a fit and proper person to be the holder of the certificate or permit,

the Board of Examiners may suspend or cancel the certificate or permit.

(2) However, before taking action under subclause (1), the Board of Examiners must give the holder of the certificate or permit a notice in writing—

(a) stating the proposed action; and

(b) stating the reasons for the proposed action; and

(c) inviting him or her to show, within a specified time (of at least 21 days), why the proposed action should not be taken.

(3) If, after considering any representation made within the specified time, the Board of Examiners still considers that action should be taken, the Board of Examiners may—

(a) suspend the certificate or permit for a specified period, until the fulfilment of specified conditions, or until further order; or

(b) cancel the certificate or permit; or

(c) take other action (for example, by attaching conditions to the certificate or permit) determined by the Board of Examiners to be appropriate in the circumstances.

(4) The Board of Examiners must inform the relevant person of the decision by notice in writing.

(5) If the Board of Examiners takes action under subclause (3), the notice must also state the reasons for the action.

16—Immediate suspension

(1) If the Board of Examiners considers that there would be an immediate threat to safety at a mine unless a certificate or permit is suspended immediately, the Board of Examiners may, without following the procedures set out in clause 15, suspend the certificate or permit immediately for a period, and on terms, specified in a written notice of suspension given to the holder of the certificate or permit.

(2) A suspension under subclause (1) cannot exceed 6 weeks except with the concurrence of the Minister.

(3) The Board of Examiners may—

(a) withdraw a suspension under this clause at any time;

(b) with the concurrence of the Minister, extend a suspension under this clause (pending resolution of the matter under clause 14, as appropriately modified to meet the circumstances of the case).

17—Review of decision

(1) Subject to this clause, a person who is (or has been) the holder of a certificate or permit and who is aggrieved by a decision of the Board of Examiners to suspend or cancel the certificate or permit may, within 14 days after receiving notice of the relevant decision, apply for a review of the matter under this clause.

(2) The application for review—

(a) must be made in writing to the Minister; and

(b) must contain a statement of the grounds on which the review is requested.

(3) A person applying for a review must ensure that a copy of the application is served on the Chief Inspector, or the secretary of the Board of Examiners, within 3 business days after the application is made to the Minister.

(4) Unless otherwise specifically directed by the Board of Examiners, the operation of the decision to which the review relates is suspended pending the outcome of the review.

(5) On the receipt of an application for review, the Minister must, in consultation with the Attorney General, appoint an independent person to review the relevant decision.

(6) In conducting a review, the person appointed under subclause (5)—

(a) must give the applicant and the Board of Examiners a reasonable opportunity to submit evidence, information and arguments relevant to the matters in issue; and

(b) is not bound by the rules of evidence, but may inform himself or herself on a matter as he or she thinks fit; and

(c) may determine the procedure to be followed in the matter.

(7) At the conclusion of the review, the person appointed under subclause (5) may do 1 or more of the following:

(a) affirm, vary or quash the relevant decision or substitute, or make in addition, a decision that the person thinks appropriate;

(b) remit the matter to the Board of Examiners for further consideration;

(c) make further or other orders that are appropriate to the circumstances of the case.

18—Inquiries by the Board

(1) The Board of Examiners may at any time conduct an inquiry into the conduct of the holder of a certificate or permit to establish whether or not the person should continue to hold the certificate or permit.

(2) An inquiry under subclause (1) will be conducted in such manner as the Board of Examiners thinks fit.

Part 4—Rules

19—Rules

(1) The Board of Examiners may make rules relevant to the performance of its functions.

(2) The rules may—

(a) provide for the manner and form in which applications may be made to the Board of Examiners;

(b) provide for the information and material that must accompany an application;

(c) prescribe courses of study, and deal with examinations conducted by the Board of Examiners;

(d) provide for the recognition of qualifications and experience obtained or gained outside the State;

(e) deal with other matters necessary or expedient for the effective and efficient operation of the Board of Examiners.

Schedule 2—Prescribed requirements for plans and programmes

The following requirements are prescribed for the purposes of regulation 9:

1—Locality plan of mine area

(1) A locality plan of the mine area and of an area not less than ............ metres, outside the boundaries of the mine area (ie area over which mining rights are held), on standard sheet (x) with date and north point and showing the following:

(a) the name of the county and hundred;

(b) the boundaries of sections and allotments and their section and allotment numbers;

(c) the names and addresses of the occupiers and owners of the mine area;

(d) the surface contours of the mine area at intervals not exceeding 3 metres related to sea level or to an established permanent local bench mark;

(e) the locations of public and private utilities, protected sites, housing and buildings existing within the limits of the plan, including transmission lines, watercourses, drains and water storages, and explosives storages and preparation buildings, and oil storages.

(2) In this clause—



Protected sites means historic buildings, monuments etc.

2—Working plan of mine area

A working plan of the mine area or the proposed mine area, as the case may be, and sections (at least 2, 1 longitudinal and 1 a cross section) giving contours at intervals not exceeding 3 metre intervals and showing the following:

(a) the boundaries of the land over which mining rights are held;

(b) the positions of bore holes and test excavations showing the depths, thicknesses and types of strata;

(c) the boundaries of all existing quarry excavations showing all bench floors and slopes of faces;

(d) all underground excavations, including excavations that have been backfilled;

(e) the locations of existing plant, machinery, buildings, roads, safety fences, services, and utilities, tree belts and other screens such as hedgerows or shelter belts, waste rock screens, and other barriers, explosives storages and preparation buildings, and oil storages;

(f) the locations of existing slime dams, tailing dams, settling ponds, water storages, watercourses and drains;

(g) the location of existing dumps of overburden and waste, and stockpiles of products;

(h) the proposed situation for ............ years at intervals ............ years or when mining is complete, with regard to—

(i) the boundaries of all quarry excavations showing also bench floors, slopes of faces;

(ii) the location of plant, machinery, buildings, roads, safety fences, services and utilities, tree belts and other screening such as hedgerows and waste rock screens, explosives storages and preparation buildings, and oil storages;

(iii) the location and the elevation of soil and overburden dumps;

(iv) the locations and the elevation of water storages, settling ponds, slime dams and tailings storages;

(v) the drainage system for disposal of water and liquid waste products.

3—Development programme

A development programme showing the following:

(a) the method of operation and the order of procedure or stages to be adopted in the progressive extraction of mineral substances;

(b) the provisions made or to be made for prevention of nuisances, and for the prevention of pollution of drainage waters;

(c) the method of operation and the order of procedure for screening and the progressive rehabilitation of worked out areas, dumps, dams etc so as to conform to the general amenity of the area, as well as the methods by which revegetation will be carried out.

Schedule 3—Fees




1

Application for a certificate under Schedule 1

$27.25

2

Each subject for examination for a second class quarry manager's certificate under Schedule 1

$17.40

3

Examination in mining law, environment and occupational health and safety law under Schedule 1

$17.40

4

Issue of a certificate under Schedule 1

$42.75

5

Issue of a replacement certificate

$27.25

Schedule 4—Revocation of Mines and Works Inspection Regulations 1998

The Mines and Works Inspection Regulations 1998 are revoked.



Note—

As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.



Made by the Governor

with the advice and consent of the Executive Council

on 29 August 2013

No 222 of 2013

MRD13/008CS

South Australia



Protection of Marine Waters (Prevention of Pollution from Ships) Regulations 2013

under the Protection of Marine Waters (Prevention of Pollution from Ships) Act 1987



Contents

Part 1—Preliminary

1 Short title

2 Commencement

3 Interpretation

Part 2—Pollution by oil or noxious substances

4 Prescribed officers

5 Oil record book

6 Matters to be recorded in an oil record book

7 Cargo record book

8 Matters to be recorded in a cargo record book

9 Regulation 8 of Annex II to have the force of law

Part 3—Pollution by packaged harmful substances

10 Interpretation

11 Purpose

12 Carriage of harmful substance

13 Packaging and marking of harmful substance

14 Stowage

15 Quantity limitations

16 Documents relating to carriage of harmful substance

17 Washing substances overboard

Part 4—Pollution by garbage

18 Interpretation

19 Placards

20 Garbage management plan

21 Garbage record book

Part 5—Reporting requirements

22 Notification of discharges

23 Discharge reports occurring other than from ships

24 Discharge reports occurring other than from ships

Part 6—Miscellaneous

25 Minister may make orders

26 Fee for deposit of oil record book or cargo record book

27 Exemptions

Schedule 1—Discharge report

Part 1—Preliminary

1—Short title

These regulations may be cited as the Protection of Marine Waters (Prevention of Pollution from Ships) Regulations 2013.



2—Commencement

These regulations will come into operation on 1 September 2013.



3—Interpretation

In these regulations, unless the contrary intention appears—



Act means the Protection of Marine Waters (Prevention of Pollution from Ships) Act 1987;

Department means the administrative unit of the Public Service that is, under the Minister, responsible for the administration of the Act;

IMO means the International Maritime Organization;

South Australian Marine Spill Contingency Action Plan means the plan developed and published under section 28A of the Act;

State Marine Pollution Controller means the person for the time being performing the duties and functions of State Marine Pollution Controller as detailed in the South Australian Marine Spill Contingency Action Plan.

Part 2—Pollution by oil or noxious substances

4—Prescribed officers

(1) The State Marine Pollution Controller and each port manager are prescribed officers for the purposes of sections 8(2) and 18(2) of the Act.

(2) For the purposes of sections 13(3) and (4) and 23(5) and (6) of the Act, the State Marine Pollution Controller is a prescribed officer.

(3) For the purposes of section 18(6), (7), (8) and (9) of the Act, the State Marine Pollution Controller is a prescribed officer.



5—Oil record book

(1) An oil tanker to which section 11 of the Act applies must carry—

(a) an oil record book in the form set out in Part I of Appendix III to Annex I of the 1978 Protocol; and

(b) an oil record book in the form set out in Part II of Appendix III to Annex I of the 1978 Protocol.

(2) A ship (other than an oil tanker) to which section 11 of the Act applies must carry an oil record book in the form set out in Part I of Appendix III to Annex I of the 1978 Protocol.

6—Matters to be recorded in an oil record book

(1) For the purposes of section 11(5) of the Act—

(a) each of the following operations (being a machinery space operation) is a prescribed operation in relation to a ship (including an oil tanker):

(i) the ballasting or cleaning of an oil fuel tank;

(ii) a discharge of dirty ballast or cleaning water from an oil fuel tank;

(iii) a disposal of oil residues (sludge);

(iv) a discharge overboard or other disposal of bilge water that has accumulated in any machinery space; and

(b) each of the following operations (being a cargo or a ballast operation) is a prescribed operation in relation to an oil tanker:

(i) the loading of oil cargo;

(ii) an internal transfer of oil cargo during a voyage or in port;

(iii) the unloading of oil cargo;

(iv) the ballasting of a cargo tank or a dedicated clean ballast tank;

(v) the cleaning of a cargo tank (including crude oil washing);

(vi) a discharge of ballast from a tank other than a segregated ballast tank;

(vii) a discharge of water from a slop tank;

(viii) the closing, after an operation referred to in subparagraph (vii), of all applicable valves or similar devices;

(ix) the closing, after an operation referred to in subparagraph (vii), of valves necessary for the isolation of a dedicated clean ballast tank from cargo and stripping lines;

(x) a disposal of residues.

(2) For the purposes of section 11(5) of the Act, each of the following occurrences is a prescribed occurrence in relation to a ship (including an oil tanker):

(a) the discharge into the sea of oil or an oily mixture from the ship for the purpose of—

(i) securing the safety of the ship; or

(ii) saving life at sea;

(b) the discharge into the sea of oil or an oily mixture in consequence of damage to the ship or its equipment;

(c) the discharge into the sea of substances containing oil for the purpose of combating specific pollution incidents;

(d) the failure of the ship's oil discharge monitoring and control system;

(e) the discharge into the sea of oil or an oily mixture, being—

(i) a discharge for an exceptional purpose other than a purpose referred to in paragraph (a) or (c); or

(ii) an accidental discharge other than a discharge referred to in paragraph (b).



7—Cargo record book

For the purposes of section 21 of the Act, the prescribed form of cargo record is the form set out in Appendix IV to Annex II of the 1978 Protocol.



8—Matters to be recorded in a cargo record book

(1) For the purposes of section 21(5) of the Act, each of the following operations is a prescribed operation in relation to a ship:

(a) the loading of cargo;

(b) an internal transfer of cargo during a voyage or in port;

(c) the unloading of cargo;

(d) the ballasting of a cargo tank;

(e) the cleaning of a cargo tank;

(f) a discharge of ballast from a cargo tank;

(g) a disposal of residues to a reception facility;

(h) the discharge of a noxious liquid substance, or of a mixture containing such a substance, into the sea in accordance with Regulation 5 of Annex II to the Convention;

(i) the removal by ventilation procedures of cargo residues from a tank in accordance with Regulation 5 of Annex II to the Convention.

(2) For the purposes of section 21(5) of the Act, each of the following occurrences is a prescribed occurrence in relation to a ship:

(a) the discharge into the sea of a noxious liquid substance, or of a mixture containing such a substance, for the purpose of—

(i) securing the safety of the ship; or

(ii) saving life at sea;

(b) the discharge into the sea of a noxious liquid substance, or of a mixture containing such a substance, in consequence of damage to the ship or its equipment;

(c) the discharge into the sea of a noxious liquid substance, or of a mixture containing such a substance, being—

(i) a discharge for an exceptional purpose other than a purpose referred to in paragraph (a); or

(ii) an accidental discharge other than a discharge referred to in paragraph (b).

9—Regulation 8 of Annex II to have the force of law

(1) Pursuant to section 24 of the Act, the provisions of Regulation 8 of Annex II to the Convention, other than paragraph (1) of that Regulation, apply to, and in relation to, the washing of a tank of a ship from which a noxious liquid substance has been unloaded.

(2) A person who is a surveyor accredited or otherwise recognised under the Marine Safety (Domestic Commercial Vessel) National Law is, by virtue of this subregulation, a surveyor authorised for the purpose of implementing Regulation 8 of Annex II to the Convention.

(3) If a tank of a ship from which a noxious liquid substance has been unloaded is not washed in accordance with whichever of the provisions of Regulation 8 of Annex II to the Convention is applicable to the tank, having regard to—

(a) whether the substance unloaded from the tank is a Category A, Category B, Category C or Category D substance; and

(b) whether the tank has been unloaded in a Special Area or an area other than a Special Area,

the master of the ship is guilty of an offence.

Maximum penalty: $5 000.

(4) In the application of Regulation 8 of Annex II to the Convention to, or in relation to, the washing of a tank of a ship—

(a) a reference to the receiving Party will be taken as a reference to Australia or to the State; and

(b) a reference to the Administration will be taken as a reference to the State Marine Pollution Controller; and

(c) a reference to the surveyor (however described) will be taken as a reference to a surveyor authorised under subregulation (2).

(5) A surveyor referred to in subregulation (2) must, in the exercise of any power or the performance of any function for the purpose of implementing Regulation 8 of Annex II to the Convention, comply with any control procedures developed by the IMO.

(6) An exemption referred to in paragraph (2)(b), (5)(b), (6)(b) or (7)(c) of Regulation 8 of Annex II to the Convention may only be granted to a ship engaged in voyages to ports or terminals under the jurisdiction of States, other than Australia, that are parties to the Convention and, on such an exemption being granted to a ship, the appropriate entry made in the ship's cargo record book must be endorsed by a surveyor.



Part 3—Pollution by packaged harmful substances

10—Interpretation

(1) Unless the contrary intention appears, an expression that is used in this Part and in Annex III to the Convention (whether or not a particular meaning is assigned to it by that Annex) has, in this Part, the same meaning as in that Annex.

(2) For the purposes of this Part—

cargo does not include a ship's stores or equipment.

11—Purpose

This Part—

(a) gives effect to regulations 1 to 6 of Annex III to the Convention; and

(b) prescribes matters for the purposes of Part 3AA of the Act.



12—Carriage of harmful substance

If a harmful substance is carried by sea as cargo in packaged form in contravention of these regulations, the master and the owner of the ship are each guilty of an offence.

Maximum penalty:

(a) if the offender is a natural person—$8 000 or imprisonment for 1 year; or

(b) if the offender is a body corporate—$20 000.

13—Packaging and marking of harmful substance

(1) A harmful substance carried by sea as cargo in packaged form must be packaged in accordance with the IMDG Code.

(2) The package must be marked or labelled—

(a) to indicate that the substance is a marine pollutant; and

(b) with the correct technical name of the harmful substance; and

(c) with the trade name (if any) of the substance.

(3) The marking or labelling of the package must be sufficiently durable so as to be legible after immersion in the sea for a period of 3 months.

(4) A package containing a harmful substance that is exempted from the marking requirements of the IMDG Code on the grounds that it contains only a small quantity of the harmful substance, is exempt from the marking requirements of this regulation.

14—Stowage

A harmful substance carried by sea as cargo in packaged form, and any package containing residue of a harmful substance, must be stowed and secured on the ship in accordance with the IMDG Code.



15—Quantity limitations

The quantity of a harmful substance that is carried by sea as cargo in packaged form must not exceed the quantity limitation for the particular substance specified by the IMDG Code.



16—Documents relating to carriage of harmful substance

If a ship is carrying a harmful substance by sea as cargo in packaged form the following provisions apply:

(a) any document relating to the carriage of the harmful substance must state that the substance being carried is a marine pollutant and the correct technical name of the substance;

(b) the shipping documents supplied by the shipper must include a signed certificate or declaration that the harmful substance is packaged and marked or labelled in accordance with these regulations;

(c) a list or stowage plan detailing the location of the harmful substance on the ship must be carried on the ship;

(d) where the harmful substance is loaded in this State, a copy of the list or stowage plan detailing the location of the harmful substance on the ship must—

(i) be retained on shore by the owner of the ship, or his or her representative, until the substance is unloaded; and

(ii) be deposited with the port manager prior to the departure of the ship.



17—Washing substances overboard

For the purposes of section 24AAB of the Act, a substance is taken to have been washed overboard in accordance with the regulations if the manner of disposal is the most appropriate having regard to the physical, chemical and biological properties of the substance.



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