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ARTICLE · 11 OCTOBER 2011

New Commonwealth offences and higher penalties for ship oil spills

The proposed amendments are in response to recent pollution incidents by ships in Australian waters.

AustraliaEnvironment

The Maritime Legislation Amendment Bill 2011 (Cth) (Bill) was introduced into the House of Representatives and received its second reading speech on 22 September 2011. The Bill is designed to amend the Navigation Act 1912 (Cth) (Navigation Act) and the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 (Cth) (Protection of the Sea Act).

The Bill creates new offences for oil pollution incidents, broadens the scope of liability to additional parties and increases penalties for pollution offences.

Prior to coming into force the Bill must pass both houses of Parliament and receive Royal Assent.

Why change the current legislation?

The proposed amendments are in response to recent pollution incidents by ships in Australian waters. The incidents highlighted the need for the regulatory system to be strengthened to provide a sufficient deterrent to shipping companies and their crews from engaging in unsafe and irresponsible actions at sea. On 11

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