Luke Hartsuyker (Cowper, National Party, Assistant Minister to the Deputy Prime Minister) Share this | Hansard source

I thank those members who have contributed to the debate. The Protection of the Sea (Prevention of Pollution from Ships) Amendment (Polar Code) Bill 2017 will ensure that Australia's framework for preventing maritime pollution remains consistent with international requirements.

The bill amends the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 to implement international obligations adopted at the International Maritime Organization into domestic law. Through the IMO, Australia has played an important role in developing the International Code for Ships Operating in Polar Waters, known as the Polar Code. The Polar Code was developed to supplement existing IMO instruments, to increase maritime safety and to mitigate environmental impacts in remote, vulnerable and harsh polar waters. The amendments are consistent with Australia's longstanding support for maritime environment and safety at sea and further highlights our commitment to the IMO as an institution and its agreements.

The Polar Code, through these amendments, covers a range of themes, including ship design, construction, equipment, training, qualifications, search and rescue capabilities, and environmental discharges in polar regions, including Antarctica. Australia has a strong national interest in Antarctica, including in the safety of shipping and the environmental protection of Antarctic waters. Australia has responsibilities in a very significant portion of the Southern Ocean, including search and rescue coordination, environmental protection, hydrography and nautical charting, and the safety of vessels operating in the area. Australia has been actively engaged in the development of the Polar Code at the IMO in order to influence and improve safety and pollution prevention outcomes in respect of Antarctic waters.

Australia's maritime interests are best advanced through internationally agreed arrangements, including the IMO. These arrangements will enhance existing legislative instruments to mitigate the potential risks and impacts in remote, vulnerable and harsh polar regions. It is an important area because ships are operating in very harsh environments in the Arctic and the Antarctic, and ships can certainly encounter very difficult sailing conditions, indeed.

I would like to draw to the attention of the House at this point some important elements of the bill that may not have been fully canvassed in the debate. I refer the House to section 26BCC, which regards the prohibition of discharge of sewage. The legislation states:

(1) A person commits an offence if:

  (a) the person engages in conduct; and

  (b) the person’s conduct causes a discharge of sewage from a ship in the Antarctic Area; and

  (c) the person is reckless or negligent as to causing the discharge by that conduct; and

  (d) the ship is a ship to which Annex IV to the Convention applies; and

  (e) if the discharge occurs outside the outer limits of the exclusive economic zone adjacent to the coast of the Australian Antarctic Territory—the ship is an Australian ship.

There is a significant penalty for that of some 2,000 penalty units. It also, I might add, states:

(2) A person commits an offence if:

  (a) the person engages in conduct; and

  (b) the person’s conduct causes a discharge of sewage from a ship in Arctic waters; and

  (c) the person is reckless or negligent as to causing the discharge by that conduct; and

  (d) the ship is a ship to which Annex IV to the Convention applies; and

  (e) the ship is an Australian ship.

Again, in this instance, there is a significant penalty of some 2,000 penalty units. The legislation goes on to say that:

(3) The master and the owner of a ship each commit an offence of strict liability if:

(a) sewage is discharged from the ship in the Antarctic Area; and

(b) the ship is a ship to which Annex IV to the Convention applies; and

(c) if the discharge occurs outside the outer limits of the exclusive economic zone adjacent to the coast of the Australian Antarctic Territory—the ship is an Australian ship.

The penalty for that offence is some 500 penalty units.

The detail of that legislation indicates the amount of thought and consideration that has gone into the upgrade of the Polar Code to ensure that we preserve the pristine environments that exist in our polar regions. It takes account of the very difficult conditions that can occur for vessels navigating that area. I commend the bill to the House.

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