NSW Regulations & Legislation

Pollution legislation in NSW has two distinct groupings. The first is the general legislation and regulations, which apply to all normal activities in NSW. The second grouping is the marine specific legislation and regulation.
The main laws for both groups are:
NSW has adopted Annexes I and II of MARPOL in the Marine Pollution Act 1987 (NSW) and Marine Orders Part 91 and 93 have been adopted, with minor modifications, at Schedule 3 of the NSW Marine Pollution Regulations 2006.
This means the provisions of Annexes I and II and Marine Orders Parts 91 and 93 are in force in NSW in general terms.
The NSW Marine Pollution Act 1987 applies in NSW ‘state waters’ which are defined as:
  • the territorial sea adjacent to the State (3nm)
  • the sea on the landward side of the territorial sea adjacent to the State that is not within the limits of the State
  • other waters within the limits of the State prescribed by the regulations for the purposes of this definition.  
This means that NSW vessels operating beyond 3NM from land must comply with the requirements of Marine Orders 91 – 97 which contain MARPOL Annexes I to VI.
All vessels operating within NSW waters (within 3NM) are subject to NSW law which currently has more stringent requirements and much harsher penalties than Marine Orders.