Thynne & Macartney, our correspondents in Brisbane, Australia, advise that they have recently been involved in several incidents in which the Australian Maritime Safety Authority (AMSA) has detained vessels suspected of discharging garbage into Australian coastal waters in breach of the provisions of MARPOL.

The Australian Protection of the Sea (Prevention of Pollution from Ships) Act 1983 effectively incorporates the provisions of MARPOL into Australian law. Pursuant to section 26F of the Act, the master and/or owner of a vessel commit an offence where there is a disposal of garbage from a vessel into Australian waters contrary to the provisions of MARPOL. The offence carries a maximum penalty of AUD55,000 for individuals or AUD275,000 for a company and the offence is one of "strict liability" meaning that it does not matter whether the offence is committed intentionally or not. However, where the authorities can also prove that a person was reckless or negligent in causing the disposal, then the maximum penalty increases to AUD220,000 for an individual or AUD1.1 million for a company. The presence of a strict liability offence for the illegal disposal of garbage makes it easy for the authorities to prosecute the master, owners and operators where there has been a breach of the Act.

Environmental offences are treated very seriously in Australia and where AMSA suspects a breach of the Act has occurred, members can be certain that AMSA will detain the vessel and investigate the matter. Vessels will generally not be released from detention until security of at least AUD400,000 is posted.

In a recent case, AMSA detained a vessel suspected of having disposed of a black garbage bag (containing general waste from the vessel) into Australian waters. Also, in a similar case, AMSA detained another vessel in circumstances where an empty quarantine bag (formerly containing meat) was found washed ashore. AMSA detained each vessel on berthing and interviewed all the relevant ship personnel. On each occasion, the vessel was subsequently released after security for AUD400,000 was provided.

Members should ensure that all disposal of garbage from vessels is carried out in accordance with the provisions of MARPOL. All vessels should also have in place an adequate shipboard waste management plan (including prominent warning signs onboard the vessel for the crew) and operators should ensure that the crew are regularly informed of the proper procedures for garbage disposal. Masters should also ensure that the garbage record book is properly maintained and up-to-date.

This article courtesy of Brisbane correspondents, Thynne & Macartney.