Commonwealth: Transport Legislation Amendment Act 1991 (Cth)

Transport Legislation Amendment Act 1991 No. 101 of 1991 TABLE OF PROVISIONS PART 1—INTRODUCTORY Section 1. Short title 2. Commencement 3. Savings provision PART 2—AMENDMENTS OF THE AUSTRALIAN MARITIME SAFETY AUTHORITY ACT 1990 4. Principal Act 5. Insertion of new section: 17. Leave of absence 6. Termination of appointment PART 3—AMENDMENTS OF THE AUSTRALIAN NATIONAL RAILWAYS COMMISSION ACT 1983 7. Principal Act 8. Superannuation 9. Application of certain provisions of the Compensation (Commonwealth Government Employees) Act 1971 to transferred employees PART 4—AMENDMENTS OF THE CIVIL AVIATION ACT 1988 10. Principal Act 11. Interpretation 12. Insertion of new Part: PART IIIA—INVESTIGATION POWERS 32aa. Appointment of investigators 32ab. Identity cards TABLE OF PROVISIONS—continued Section 32ac. Monitoring powers—exercised with consent 32ad. Monitoring warrants 32ae. Offence powers—exercised with consent 32af. Offence related warrants 32ag. Warrants may be granted by telephone 32ah. Discovery of evidence 32aj. Power to require persons to answer questions and produce documents 32ak. Powers in relation to aircraft etc. 13. Insertion of new section: 37. Leave of absence 14. Termination of appointment 15. Regulations 16. Previous transfer of assets from Commonwealth to Civil Aviation Authority PART 5—AMENDMENTS OF THE FEDERAL AIRPORTS CORPORATION ACT 1986 17. Principal Act 18. Interpretation 19. Extent of functions of Corporation 20. Leave of absence 21. Termination of appointments 22. Annual report PART 6—AMENDMENTS OF THE PROTECTION OF THE SEA (PREVENTION OF POLLUTION FROM SHIPS) ACT 1983 23. Principal Act 24. Interpretation 25. Insertion of new section: 29a. Service on master or owner of ship 26. New Schedules 6, 7 and 8 27. Increase in penalties SCHEDULE 1 NEW SCHEDULES 6, 7 AND 8 TO BE ADDED TO THE PROTECTION OF THE SEA (PREVENTION OF POLLUTION FROM SHIPS) ACT 1983 SCHEDULE 2 FURTHER AMENDMENTS OF THE PROTECTION OF THE SEA (PREVENTION OF POLLUTION FROM SHIPS) ACT 1983 INCREASE IN PENALTIES Transport Legislation Amendment Act 1991 No. 101 of 1991 An Act to amend certain laws relating to transport and the protection of the sea, and for related purposes [Assented to 27 June 1991] The Parliament of Australia enacts: PART 1—INTRODUCTORY Short title 1. This Act may be cited as the Transport Legislation Amendment Act 1991. Commencement 2. (1) Subject to this section, this Act commences on the day on which it receives the Royal Assent. (2) Part 3 is taken to have commenced on 17 February 1984. (3) Part 2 and sections 3, 13, 14, 20 and 21 commence: (a) on the same day as the Schedule to the Industrial Relations Legislation Amendment Act 1991 commences; or (b) if that Schedule has commenced before the day on which this Act receives the Royal Assent—on the day on which this Act receives the Royal Assent. (4) Paragraph 18 (b) and section 19 commence, or are taken to have commenced, as the case may be, on 1 July 1991. (5) Paragraphs 18 (a) and (c) and section 22 are taken to have commenced immediately before 1 April 1991. Savings provision 3. A person who: (a) immediately before the commencement of this section was the holder of a public office within the meaning of the Remuneration Tribunal Act 1973; and (b) on that commencement has, in respect of that office, such recreation leave entitlements as are determined by the Remuneration Tribunal; retains, in respect of that office, such rights (if any) in relation to leave of absence for recreation as had accrued to the person immediately before that commencement. PART 2—AMENDMENTS OF THE AUSTRALIAN MARITIME SAFETY AUTHORITY ACT 1990 Principal Act 4. In this Part, "Principal Act" means the Australian Maritime Safety Authority Act 19901. 5. Section 17 of the Principal Act is repealed and the following section is substituted: Leave of absence "17. (1) Subject to section 87e of the Public Service Act 1922, a Chairperson appointed as a full-time member has such recreation leave entitlements as are determined by the Remuneration Tribunal. "(2) The Minister may grant a Chairperson referred to in subsection (1) leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Minister determines in writing. "(3) The Minister may grant leave to a Chairperson appointed as a part-time member to be absent from a meeting or meetings of the Authority. "(4) The Chairperson may grant leave to another member (other than the Chief Executive Officer) to be absent from a meeting or meetings of the Authority.". Termination of appointment 6. Section 21 of the Principal Act is amended: (a) by omitting from subparagraph (2) (b) (ii) "granted by the Minister"; (b) by omitting from subparagraph (2) (c) (ii) "paragraph 17 (1) (b) or subsection 17 (2)" and substituting "section 17". PART 3—AMENDMENTS OF THE AUSTRALIAN NATIONAL RAILWAYS COMMISSION ACT 1983 Principal Act 7. In this Part, "Principal Act" means the Australian National Railways Commission Act 19832. Superannuation 8. Section 45 of the Principal Act is amended: (a) by adding at the end of paragraph (c) of the definition of "appropriate Superannuation Board" in subsection (4) "and continued in existence under the same name by section 10 of the Retirement Benefits Act 1982 of that State"; (b) by omitting "1970" from paragraph (b) of the definition of "State retirement benefits" in subsection (4) and substituting "1982". Application of certain provisions of the Compensation (Commonwealth Government Employees) Act 1971 to transferred employees 9. Section 48 of the Principal Act is amended by omitting from subsection (1) "1970" and substituting "1982". PART 4—AMENDMENTS OF THE CIVIL AVIATION ACT 1988 Principal Act 10. In this Part, "Principal Act" means the Civil Aviation Act 19883. Interpretation 11. Section 3 of the Principal Act is amended by inserting in subsection (1) the following definitions: " 'inspection powers', in relation to prescribed premises, means the following powers: (a) power to search the premises; (b) power to inspect, examine, and take samples of, any substance or thing on or in the premises; (c) power to photograph, or make sketches of, the premises and any substance or thing on or in the premises; (d) power to take extracts from, or make copies of, any books, records or documents relating to an aircraft or required to be kept under this Act or the regulations; 'investigator' means an investigator appointed under section 32aa; 'occupier', in relation to prescribed premises, being an aircraft, vessel or vehicle, means the person apparently in charge of the aircraft, vessel or vehicle; 'premises' means: (a) an area of land or any other place, whether or not it is enclosed or built on; or (b) a structure, building, aircraft, vessel or vehicle; and includes a part of any such premises; 'prescribed premises' means premises connected with, or used for the purposes of, activities related to civil aviation, or where any records relating to such activities are kept;". 12. After Part III of the Principal Act the following Part is inserted: "PART IIIa—INVESTIGATION POWERS Appointment of investigators "32aa. The Authority may, in writing, appoint an officer to be an investigator for the purposes of this Part. Identity cards "32ab. (1) The Authority must cause each investigator to be issued with an identity card in a form approved by the Authority and bearing a recent photograph of the investigator. "(2) A person who stops being an investigator must, as soon as practicable, return his or her identity card to the Authority. "(3) A person who, without reasonable excuse, contravenes subsection (2) is guilty of an offence punishable on conviction by a fine not exceeding $100. Monitoring powers—exercised with consent "32ac. (1) For the purpose of finding out whether the relevant legislation is being complied with, an investigator may, with the consent of, and after producing the investigator's identity card for inspection by, the occupier of prescribed premises, enter, and exercise inspection powers on, the premises. "(2) In this section: 'relevant legislation' means this Act, the regulations and the Civil Aviation Orders. Monitoring warrants "32ad. (1) An investigator may apply to a magistrate for a warrant under this section in relation to particular prescribed premises. "(2) Subject to subsection (3), the magistrate may issue the warrant if satisfied, by information on oath, that it is reasonably necessary that the investigator should have access to the premises for the purpose of finding out whether the relevant legislation is being complied with. "(3) The magistrate must not issue the warrant unless the investigator or someone else has given the magistrate, either orally or by affidavit, any further information the magistrate may require about the grounds on which the issue of the warrant is being sought. "(4) The warrant must: (a) authorise an investigator named in the warrant, with such assistance and by such force as is necessary and reasonable, to enter, and exercise inspection powers on, the premises; and (b) state whether the entry is authorised to be made at any time of the day or night or during specified hours of the day or night; and (c) specify the day (not more than one month after the issue of the warrant) on which the warrant ceases to have effect; and (d) state the purpose for which the warrant is issued. "(5) In this section: 'relevant legislation' has the same meaning as in section 32ac. Offence powers—exercised with consent "32ae. (1) Where an investigator has reasonable grounds for suspecting that there is on or in any premises a particular thing that may afford evidence of the commission of an offence against this Act, or the regulations, the investigator may, with the consent of, and after producing the investigator's identity card for inspection by, the occupier of the premises: (a) enter the premises; and (b) search the premises for the thing; and (c) if the thing is found—seize it. "(2) An investigator who has entered premises under subsection (1) must leave them if asked to do so by their occupier. Offence related warrants "32af. (1) An investigator may apply to a magistrate for a warrant under this section in relation to particular premises. "(2) Subject to subsection (3), the magistrate may issue the warrant if satisfied, by information on oath, that there are reasonable grounds for suspecting that there is, or there may be within the next 72 hours, on the premises a particular thing that may afford evidence of the commission of an offence against this Act or the regulations. "(3) The magistrate must not issue the warrant unless the investigator or someone else has given the magistrate, either orally or by affidavit, any further information the magistrate may require about the grounds on which the issue of the warrant is being sought. "(4) The warrant must: (a) authorise an investigator named in the warrant, with such assistance and by such force as is necessary and reasonable: (i) to enter the premises; and (ii) to search the premises for the thing; and (iii) if the thing is found—to seize it; and (b) state whether the entry is authorised to be made at any time of the day or night during specified hours of the day or night; and (c) specify the day (not more than one week after the issue of the warrant) on which the warrant ceases to have effect; and (d) state the purpose for which the warrant is issued. Warrants may be granted by telephone "32ag. (1) Where, because of circumstances of urgency, an investigator thinks it necessary to do so, the investigator may apply for a warrant under section 32af by telephone, in accordance with this section. "(2) Before making such an application, an investigator must prepare an information of the kind mentioned in subsection 32af (2) that sets out the grounds on which the issue of the warrant is being sought, but may, if it is necessary to do so, make the application before the information has been sworn. "(3) Where a magistrate to whom an application under this section is made is satisfied: (a) after having considered the terms of the information prepared under subsection (2); and (b) after having received any further information that the magistrate may require about the grounds on which the issue of the warrant is being sought; that there are reasonable grounds for issuing the warrant, the magistrate must complete and sign a warrant that is the same as the warrant that the magistrate would issue under section 32AF if the application had been made under that section. "(4) Where a magistrate signs a warrant under subsection (3): (a) the magistrate must inform the investigator of the terms of the warrant, the date and time when it was signed, and the day on which it ceases to have effect, and record on the warrant the reasons for issuing it; and (b) the investigator must complete a form of warrant in the terms given to the investigator by the magistrate and write on it the magistrate's name and the date and time when the warrant was signed. "(5) Where an investigator completes a form of warrant, the investigator must, not later than the day after: (a) the day on which the warrant ceases to have effect; or (b) the day on which the warrant is executed; whichever happens first, send the magistrate who signed the warrant the form of warrant completed by the investigator and the information duly sworn in connection with the warrant. "(6) Upon receipt of the documents mentioned in subsection (5), the magistrate must attach to them the warrant signed by the magistrate and deal with the documents in the same way that the magistrate would have dealt with the information if the application for the warrant had been made under section 32af. "(7) The form of warrant completed by an investigator under subsection (4) is, if it is in accordance with the terms of the warrant signed by the magistrate, authority for any entry, search, seizure or other exercise of a power that the warrant so signed authorised. "(8) Where, in any proceedings, the court must be satisfied that an entry, search, seizure, or other exercise of power, was authorised under this section, and the warrant signed by a magistrate under this section authorising the entry, search, seizure, or other exercise of power, is not produced in evidence, the court must assume, unless the contrary is proved, that the entry, search, seizure, or other exercise of power, was not authorised by such a warrant. Discovery of evidence "32ah. (1) Where an investigator who enters premises under section 32ae or under a warrant under section 32af or 32ag finds the thing (in this subsection called 'evidence') which the investigator entered the premises to find: (a) the investigator may seize the evidence; and (b) the investigator may keep the evidence for 60 days or, if a prosecution for an offence against this Act or the regulations, in the commission of which the evidence may have been used or otherwise involved, is started within that period, until the completion of the proceedings for the offence and of any appeal in relation to the proceedings; and (c) if the evidence is a book, record or document—while the investigator has possession of the evidence, the investigator must allow it to be inspected at any reasonable time by anyone who would be entitled to inspect it if it were not in the investigator's possession. "(2) If, in the course of searching premises entered under section 32ae or under a warrant under section 32af or 32ag, the investigator: (a) finds a thing that he or she believes on reasonable grounds to be: (i) a thing (other than the evidence mentioned in subsection (1)) that will afford evidence of the commission of the offence mentioned in that subsection; or (ii) a thing that will afford evidence of the commission of another offence against this Act or the regulations; and (b) the investigator believes, on reasonable grounds, that it is necessary to seize the thing to prevent its concealment, loss or destruction; subsection (1) applies to the thing as if it were the evidence mentioned in that subsection. "(3) The Authority may, in writing, authorise the release of any thing seized under subsection (2) to its owner, or to the person from whom it was seized, either unconditionally or subject to such conditions as the Authority thinks fit. Power to require persons to answer questions and produce documents "32aj. (1) An investigator who is on or in premises that he or she has entered under a warrant under this Part may require anyone on or in the premises to: (a) answer any questions put by the investigator; and (b) produce any books, records or documents requested by the investigator. "(2) A person must not, without reasonable excuse, fail to comply with a requirement under subsection (1). Penalty: $3,000. "(3) It is not a reasonable excuse for a person to refuse or fail to answer a question or produce a book, record or document on the ground that to do so would tend to incriminate the person, but the answer to any question, or any book, record or document produced, or any information or thing obtained as a direct or indirect consequence of answering the question or producing the book, record or document is not admissible in evidence against the person in any criminal proceedings, other than proceedings for an offence against subsection (2). Powers in relation to aircraft etc. "32ak. (1) An investigator may, for the purpose of performing the functions or exercising the powers of an investigator under this Part in relation to an aircraft, vessel or vehicle, require the person apparently in control of the aircraft, vessel or vehicle to do either or both of the following: (a) to stop and detain the aircraft, vehicle or vessel for such reasonable period as the investigator specifies; (b) to take all reasonable steps to ensure that the aircraft, vehicle or vessel, or a specified part of it, is left undisturbed for such reasonable period as the investigator specifies. "(2) A person must not, without reasonable excuse, fail to comply with a requirement under subsection (1). Penalty: $3,000.". 13. Section 37 of the Principal Act is repealed and the following section is substituted: Leave of absence "37. (1) Subject to section 87e of the Public Service Act 1922, a Chairperson appointed as a full-time member has such recreation leave entitlements as are determined by the Remuneration Tribunal. "(2) The Minister may grant a Chairperson referred to in subsection (1) leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Minister determine, in writing. "(3) The Minister may grant leave to a Chairperson appointed as part-time member to be absent from a meeting or meetings of the Board. "(4) The Chairperson may grant leave to another member to be absent from a meeting or meetings of the Board.". Termination of appointment 14. Section 42 of the Principal Act is amended: (a) by omitting from subparagraph (2) (b) (ii) "granted by the Minister"; (b) by omitting from subparagraph (2) (c) (ii) "paragraph 37 (1) (b) or subsection 37 (2)" and substituting "section 37". Regulations 15. (1) Section 98 of the Principal Act is amended: (a) by inserting after paragraph (3) (k) the following paragraphs: "(ka) requiring specified persons to prepare or alter flight manuals, operations manuals, procedures manuals, maintenance manuals, systems of maintenance and other specified manuals and documents relating to the safe operation of aircraft; (kb) the approval by the Authority of such manuals, systems and documents and of alterations of them; (kc) empowering the Authority to prepare and alter such manuals, systems and documents; (kd) requiring specified persons to comply with such manuals, systems and documents as in force at a particular time or from time to time;"; (b) by inserting after subsection (3) the following subsection: "(3a) The regulations may make provision for or in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in a written instrument or other document, as in force at a particular time or from time to time.". (2) Any regulations purporting to be in force under the Principal Act immediately before the commencement of this section, being regulations: (a) making provision for or in relation to the preparation, amendment and approval of flight manuals, operations manuals and procedures manuals; or (b) requiring certain persons to comply with such manuals as in force from time to time; are taken to be valid for all purposes. Previous transfer of assets from Commonwealth to Civil Aviation Authority 16. If, before the commencement of this section, an asset was transferred from the Commonwealth to the Civil Aviation Authority under section 49 or 50 of the Principal Act or under section 118 of the Lands Acquisition Act 1989, the day of transfer is, for the purposes of section 51 of the Principal Act, taken to be 1 July 1988. PART 5—AMENDMENTS OF THE FEDERAL AIRPORTS CORPORATION ACT 1986 Principal Act 17. In this Part, "Principal Act" means the Federal Airports Corporation Act 19864. Interpretation 18. Section 3 of the Principal Act is amended: (a) by omitting from subsection (1) the definition of "financial year"; (b) by inserting in subsection (1) the following definition: " 'airport security', in relation to Federal airports, means a combination of measures and human and material resources intended to safeguard the security of aircraft, persons and property at those airports;"; (c) by adding at the end the following subsection: "(5) For the purposes of this Act, each of the following periods is taken to be a financial year: (a) each period of 12 months starting on 1 April that occurs before 1 April 1990; (b) the period starting on 1 April 1990 and ending on 30 June 1991; (c) each period of 12 months starting on 1 July that occurs after 30 June 1991.". Extent of functions of Corporation 19. Section 8 of the Principal Act is amended by inserting after paragraph (1) (b) the following paragraph: "(ba) providing, or arranging for the provision of, airport security at, or in relation to, Federal airports;". Leave of absence 20. Section 17 of the Principal Act is amended by omitting subsection (1) and substituting the following subsections: "(1) Subject to section 87e of the Public Service Act 1922, a Chairperson appointed as a full-time member has such recreation leave entitlements as are determined by the Remuneration Tribunal. "(1a) The Minister may grant a Chairperson referred to in subsection (1) leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Minister determines in writing. "(1b) The Minister may grant leave to a Chairperson appointed as a part-time member to be absent from a meeting or meetings of the Board.". Termination of appointments 21. Section 19 of the Principal Act is amended: (a) by omitting from subparagraph (2) (b) (ii) "granted by the Minister"; (b) by omitting from subparagraph (2) (c) (ii) "paragraph 17 (1) (b) or subsection 17 (2)" and substituting "section 17". Annual report 22. Section 65 of the Principal Act is amended by omitting subsection (1) and substituting the following subsection: "(1) The Corporation must, as soon as practicable after the last day in each financial year that ends after the commencement of this subsection, prepare and give to the Minister a report on its operations during that financial year, together with financial statements for that financial year in such form as the Minister for Finance approves.". PART 6—AMENDMENTS OF THE PROTECTION OF THE SEA (PREVENTION OF POLLUTION FROM SHIPS) ACT 1983 Principal Act 23. In this Part, "Principal Act" means the Protection of the Sea (Prevention of Pollution from Ships) Act 19835. Interpretation 24. Section 3 of the Principal Act is amended: (a) by adding "and" at the end of paragraph (a) of the definition of "the 1978 Protocol" in subsection (1); (b) by inserting after paragraph (aa) of the definition of "the 1978 Protocol" in subsection (1) the following paragraphs: "(ab) the amendments to the Annex of the Protocol adopted on 1 December 1987 (a copy of the English text of which is set out in Schedule 6); and (ac) the amendments to the Annex of the Protocol adopted on 17 March 1989 (a copy of the English text of which is set out in Schedule 7); and (ad) the amendments to the Annex of the Protocol adopted on 17 October 1989 (a copy of the English text of which is set out in Schedule 8); and". 25. After section 29 of the Principal Act the following section is inserted: Service on master or owner of ship "29a. (1) A document to be served on the master or owner of a ship in respect of an offence against this Act may be served on the agent of the ship instead. "(2) A document served on the agent of a ship under subsection (1) is taken to have been served on the master or owner of the ship.". New Schedules 6, 7 and 8 26. The Principal Act is amended by adding at the end the Schedules set out in Schedule 1 to this Act. Increase in penalties 27. The Principal Act is further amended as set out in Schedule 2. SCHEDULE 1 Section 26 NEW SCHEDULES 6, 7 AND 8 TO BE ADDED TO THE PROTECTION OF THE SEA (PREVENTION OF POLLUTION FROM SHIPS) ACT 1983 SCHEDULE 6 Section 3 ADOPTION OF AMENDMENTS TO THE ANNEX OF THE PROTOCOL OF 1978 RELATING TO THE INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973 adopted on 1 December 1987 (Designation of the Gulf of Aden as a Special Area) THE MARINE ENVIRONMENT PROTECTION COMMITTEE, NOTING the functions which article 16 of the International Convention for the Prevention of Pollution from Ships, 1973 (hereinafter referred to as the "1973 Convention") and resolution A.297 (VIII) confer on the Marine Environment Protection Committee for the consideration and adoption of amendments to the 1973 Convention, NOTING FURTHER article VI of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973 (hereinafter referred to as the "1978 Protocol"), HAVING CONSIDERED at its twenty-fifth session amendments to the 1978 Protocol proposed and circulated in accordance with article 16 (2) (a) of the 1973 Convention, 1. ADOPTS in accordance with article 16 (2) (d) of the 1973 Convention amendments to the Annex of the 1978 Protocol, the text of which is set out in the Annex to the present resolution; 2. DETERMINES in accordance with article 16 (2) (f) (iii) of the 1973 Convention that the amendments shall be deemed to have been accepted on 1 October 1988 unless prior to this date one third or more of the Parties or the Parties, the combined merchant fleets of which constitute fifty per cent or more of the gross tonnage of the world's merchant fleet, have communicated to the Organization their objections to the amendments; 3. INVITES the Parties to note that in accordance with article 16 (2) (g) (ii) of the 1973 Convention the amendments shall enter into force on 1 April 1989 upon their acceptance in accordance with paragraph 2 above; SCHEDULE 1—continued 4. REQUESTS the Secretary-General in conformity with article 16 (2) (e) of the 1973 Convention to transmit to all Parties to the 1978 Protocol certified copies of the present resolution and the text of the amendments contained in the Annex; 5. FURTHER REQUESTS the Secretary-General to transmit to the Members of the Organization which are not Parties to the 1978 Protocol copies of the resolution and its Annex. ANNEX AMENDMENTS TO THE ANNEX OF THE PROTOCOL OF 1978 RELATING TO THE INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973 ANNEX I Regulations for the Prevention of Pollution by Oil Regulation 10 Methods for the Prevention of Oil Pollution from Ships while operating in Special Areas The existing text of paragraph (1) is replaced by the following: "(1) For the purposes of this Annex the special areas are the Mediterranean Sea area, the Baltic Sea area, the Black Sea area, the Red Sea area, the "Gulfs area" and the Gulf of Aden area, which are defined as follows: (a) The Mediterranean Sea area means the Mediterranean Sea proper including the gulfs and seas therein with the boundary between the Mediterranean and the Black Sea constituted by 41°N parallel and bounded to the west by the Straits of Gibraltar in the meridian of 5°36′W. (b) The Baltic Sea area means the Baltic Sea proper with the Gulf of Bothnia, the Gulf of Finland and the entrance to the Baltic Sea bounded by the parallel of the Skaw in the Skagerrak at 57°44.8′N. (c) The Black Sea area means the Black Sea proper with the boundary between the Mediterranean and the Black Sea constituted by the parallel 41°N. (d) The Red Sea area means the Red Sea proper including the Gulfs of Suez and Aqaba bounded at the south by the rhumb line between Ras si Ane (12°28.5′N, 43°19.6′E) and Husn Murad (12°40.4′N, 43°30.2′E). (e) The Gulfs area means the sea area located north west of the rhumb line between Ras al Hadd (22°30′N, 59°48′E) and Ras Al Fasteh (25°04′N, 61°25′E). (f) The Gulf of Aden area means that part of the Gulf of Aden between the Red Sea and the Arabian Sea bounded to the west SCHEDULE 1—continued by the rhumb line between Ras si Ane (12°28.5′N, 43°19.6′E) and Husn Murad (12°40.4′N, 43°30.2′E) and to the east by the rhumb line between Ras Asir (11°50′N, 51°16.9′E) and Ras Fartak (15°35′N, 52°13.8′E)." The existing text of paragraph 7 (b) is replaced by the following: "(b) Red Sea area, Gulfs area and Gulf of Aden area:". ______________ SCHEDULE 7 Section 3 ADOPTION OF AMENDMENTS TO THE ANNEX OF THE PROTOCOL OF 1978 RELATING TO THE INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973 (Appendices II and III of Annex II of MARPOL 73/78) adopted on 17 March 1989 THE MARINE ENVIRONMENT PROTECTION COMMITTEE, RECALLING article 38 (a) of the Convention on the International Maritime Organization concerning the function of the Committee conferred upon it by International Conventions for the Prevention and Control of Marine Pollution, NOTING article 16 of the International Convention for the Prevention of Pollution from Ships, 1973 (hereinafter referred to as the "1973 Convention") and article VI of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973 (hereinafter referred to as the "1978 Protocol"), which together specify the amendment procedure of the 1978 Protocol and confers upon the appropriate body of the Organization the function of considering and adopting amendments to the 1973 Convention, as modified by the 1978 Protocol (MARPOL 73/78), BEING DESIROUS of keeping appendices II and III of Annex II of MARPOL 73/78 up-to-date and compatible with the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (IBC Code) and the Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (BCH Code), NOTING FURTHER resolution MEPC.34 (27) by which the Committee adopted amendments to the IBC Code, RECOGNIZING the need to bring the corresponding amendments to appendices II and III of Annex II of MARPOL 73/78 into force on the date on which the amendments to the IBC Code enter into force, SCHEDULE 1—continued HAVING CONSIDERED, at its twenty-seventh session, the amendments to appendices II and III of Annex II of MARPOL 73/78 proposed by the Sub-Committee on Bulk Chemicals at its eighteenth session and circulated in accordance with article 16 (2) (a) of the 1973 Convention, 1. ADOPTS in accordance with article 16 (2) (d) of the 1973 Convention amendments to appendices II and III of Annex II of MARPOL 73/78, the text of which is set out in the Annex to the present resolution; 2. DETERMINES, in accordance with article 16 (2) (f) (iii) of the 1973 Convention, that the amendments shall be deemed to have been accepted on the date on which the conditions for the entry into force of the amendments to the IBC Code adopted by the Committee by resolution 34 (27) are met, unless prior to that date, not less than one third of the Parties or the Parties, the combined merchant fleets of which constitute not less than fifty per cent of the gross tonnage of the world's merchant fleet, have communicated to the Organization their objections to the amendments; 3. INVITES the Parties to note that in accordance with article 16 (2) (g) (ii) of the 1973 Convention the amendments shall enter into force six months after their acceptance in accordance with paragraph 2 above; 4. REQUESTS the Secretary-General, in conformity with article 16 (2) (e) of the 1973 Convention, to transmit to all Parties to the 1978 Protocol certified copies of the present resolution and the text of the amendments contained in the Annex; 5. REQUESTS FURTHER the Secretary-General to transmit to the Members of the Organization which are not parties to the 1978 Protocol copies of the resolution and its Annex. ANNEX AMENDMENTS TO APPENDICES II AND III OF ANNEX II OF MARPOL 73/78 The lists contained in Appendices II and III of Annex II of MARPOL 73/78 are replaced by the following: APPENDIX II Substance I II III IV Acetaldehyde 1089 C Acetic acid 2789 D Acetic anhydride D Acetone cyanohydrin 1541 A 0.1 0.05 Acrylamide solution (50% or less) 2074 D Acrylic acid 2218 D Acrylonitrile 1093 B SCHEDULE 1—continued Substance I II III IV Adiponitrile 2205 D Alcohol (C12-C15) poly(1-3) ethoxylates A 0.1 0.05 Alcohol (C12-C15) poly(3-11) ethoxylates A 0.1 0.05 Alcohol (C6-C17) (secondary) poly(3-6) ethoxylates A 0.1 0.05 Alcohol (C6-C17) (secondary) poly(7-12) ethoxylates B Alkyl acrylate/Vinyl pyridine copolymer in toluene C Alkyl (C9-C17) benzenes (D) Alkyl benzene sulphonic acid 2584 C 2586 Alkyl benzene sulphonic acid, sodium salt solution C Allyl alcohol 1098 B Allyl chloride 1100 B Aluminium chloride (30% or less)/ Hydrochloric acid (20% or less) solution D Aluminium sulphate solution D 2-(2-Aminoethoxy) ethanol 3055 D Aminoethyl ethanolamine (D) N-Aminoethylpiperazine 2815 D 2-Amino-2-methyl-l-propanol (90% or less) D Ammonia aqueous (28% or less) 2672* C Ammonium nitrate solution (93% or less) D Ammonium sulphate solution D Ammonium sulphide solution (45% or less) 2683 B Ammonium thiocyanate (25% or less)/ Ammonium thiosulphate (20% or less) solution (C) Ammonium thiosulphate solution (60% or less) (C) n-Amyl acetate 1104 C sec-Amyl acetate 1104 C Amyl acetate, commercial 1104 C n-Amyl alcohol 1105 D sec-Amyl alcohol 1105 D Amyl alcohol, primary 1105 D Aniline 1547 C Animal and fish oils, n.o.s. including: D Pollution Category in brackets indicates that the substance has been provisionally included in this list and that further data are necessary in order to complete the evaluation of its environmental hazards, particularly in relation to living resources. Until the hazard evaluation is completed the Pollution Category assigned shall be used. * UN number refers to 10-35%. SCHEDULE 1—continued Substance I II III IV Cod liver oil Sperm oil Aviation alkylates (C8 paraffins and iso-paraffins BPT 95—120 C) (C) Benzene and mixtures having 10% benzene or more 1114** C Benzene sulphonyl chloride 2225 D Benzyl acetate C Benzyl alcohol C Benzyl chloride 1738 B Brake fluid base mix: (Poly(2-8) alkylene (C2-C3) glycols/Polyalkylene (C2-C10) glycols monooalkyl(C1-C4) ethers and theif borate esters) D Butene oligomer B n-Butyl acetate 1123 C sec-Butyl acetate 1123 D n-Butyl acrylate 2348 B Butylamine (all isomers) C Butylbenzenes (all isomers) 2709 (A) 0.1 0.05 Butyl benzyl phthalate A 0.1 0.05 n-Butyl butyrate (C) Butyl/Decyl/Cetyl/Eicosyl methacrylate mixture D Butylene glycol D 1,2-Butylene oxide 3022 C n-Butyl ether 1149 C Butyl lactate D Butyl methacrylate D n-Butyraldehyde 1129 B Butyric acid 2820 D gamma-Butyrolactone D Calcium alkyl salicylate C Calcium hydroxide slurry D Calcium hypochlorite solution (15% or less) C Calcium hypochlorite solution (more than 15%) B Calcium naphthenate in mineral oil A 0.1 0.05 Camphor oil 1130 B epsilon-Caprolactam (molten or aqueous solutions) D Carbolic oil A 0.1 0.05 Carbon disulphide 1131 B Carbon tetrachloride 1846 B Cashew nut shell oil (untreated) D Chlorinated paraffins (C10-C13) A 0.1 0.05 Chloroacetic acid (80% or less) 1750 C Chlorobenzene 1134 B **UN number 1114 applies to Benzene. SCHEDULE 1—continued Substance I II III IV Chloroform 1888 B Chlorohydrins (crude) (D) o-Chloronitrobenzene 1578 B 2- or 3-Chloropropionic acid (C) Chlorosulphonic acid 1754 C m-Chlorotoluene 2238 B o-Chlorotoluene 2238 A 0.1 0.05 p-Chlorotoluene 2238 B Chlorotoluenes (mixed isomers) 2238 A 0.1 0.05 Choline chloride solutions D Citric acid D Coal tar A 0.1 0.05 Coal tar naphtha solvent B Coal tar pitch (molten) D Cobalt naphthenate in solvent naphtha A 0.1 0.05 Coconut oil fatty acid C Coconut oil fatty acid methyl ester D Creosote (coal tar) A 0.1 0.05 Creosote (wood) A 0.1 0.05 Cresols (all isomers) 2076 A 0.1 0.05 Cresylic acid, sodium salt solution A 0.1 0.05 Crotonaldehyde 1143 B Cycloheptane 2241 (C) Cyclohexane 1145 C Cyclohexanol C Cyclohexanone 1915 D Cyclohexyl acetate (B) Cyclohexylamine 2357 C 1,3-Cyclopentadiene dimer (molten) B Cyclopentane 1146 (C) Cyclopentene (B) p-Cymene 2046 C Decahydronaphthalene 1147 (D) Decanoic acid C Decene B Decyl acrylate A 0.1 0.05 Decyl alcohol (all isomers) B Decylbenzene D Diacetone alcohol 1148 D Dialkyl (C7-C13) phthalates D Dibutylamine C Dibutyl phthalate A 0.1 0.05 Dichlorobenzenes (all isomers) 1592 B 1,1-Dichloroethane 2362 B Dichloroethyl ether 1916 B 1,6-Dichlorohexane B 2,2-Dichloroisopropyl ether 2490 C Dichloromethane 1593 D 2,4-Dichlorophenol 2021 A 0.1 0.05 2,4-Dichlorophenoxyacetic acid, A 0.1 0.05 diethanolamine salt solution SCHEDULE 1—continued Substance I II III IV 2, 4-Dichlorophenoxyacetic acid, dimethylamine salt solution (70% or less) A 0.1 0.05 2,4-Dichlorophenoxyacetic acid, triisopropanolamine salt solution A 0.1 0.05 1,1-Dichloropropane B 1,2-Dichloropropane 1279 B 1,3-Dichloropropane B 1,3-Dichloropropene 2047 B Dichloropropene/Dichloropropane mixtures B 2,2-Dichloropropionic acid D Diethylamine 1154 C Diethylaminoethanol 2686 C Diethylbenzene 2049 C Diethylene glycol butyl ether acetate (D) Diethylene glycol dibutyl ether D Diethylene glycol ethyl ether acetate (D) Diethylene glycol methyl ether C Diethylene glycol methyl ether acetate (D) Diethylenetriamine 2079 D Di-(2-ethylhexyl) adipate D Di-(2-ethylhexyl) phosphoric acid 1902 C Diethyl phthalate C Diethyl sulphate 1594 (B) Diglycidyl ether of bisphenol A B Diglycidyl ether of bisphenol F B Di-n-hexyl adipate B l,4-Dihydro-9, 10-dihydroxy anthracene, disodium salt solution D Diisobutylamine 2361 (C) Diisobutylene 2050 B Diisobutyl ketone 1157 D Diisobutyl phthalate B Diisodecyl phthalate D Diisononyl adipate D Diisopropanolamine C Diisopropylamine 1158 C Diisopropylbenzene (all isomers) A 0.1 0.05 Diisopropyl naphthalene D N,N-Dimethylacetamide solution (40% or less) D Dimethyl adipate B Dimethylamine solution (45% or less) 1160 C Dimethylamine solution (greater than 45% but not greater than 55%) 1160 C Dimethylamine solution (greater than 55% but not greater than 65%) 1160 C N, N-Dimethylcyclohexylamine 2264 C Dimethylethanolamine 2051 D Dimethylformamide 2265 D Dimethyl glutarate C Dimethyl octanoic acid (C) SCHEDULE 1—continued Substance I II III IV Dimethyl phthalate C 2,2-Dimethylpropane-1,3-diol (D) Dimethyl succinate C Dinitrotoluene (molten) 1600 B Dinonyl phthalate D 1,4-Dioxane 1165 D Dipentene 2052 C Diphenyl A 0.1 0.05 Diphenyl/Diphenyl ether mixtures A 0.1 0.05 Diphenyl ether A 0.1 0.05 Diphenyl ether/Diphenyl phenyl ether mixture A 0.1 0.05 Diphenylmethane diisocyanate 2489 (B) Diphenylol propane-epichlorohydrin resins B Di-n-propylamine 2383 C Dipropylene glycol methyl ether (D) Ditridecyl phthalate D Diundecyl phthalate D Dodecene (all isomers) (B) Dodecenyl succinic acid, dipotassium salt solution (D) Dodecyl alcohol B Dodecyl diphenyl ether disulphonate solution B Dodecyl phenol A 0.1 0.05 Drilling brines, containing Zinc salts (A) 0.1 0.05 Epichlorohydrin 2023 C Ethanolamine 2491 D 2-Ethoxyethanol 1171 D 2-Ethoxyethyl acetate 1172 C Ethyl acetate 1173 D Ethyl acetoacetate (D) Ethyl acrylate 1917 A 0.1 0.05 Ethylamine 1036 (C) Ethylamine solutions (72% or less) 2270 (C) Ethyl amyl ketone 2271 C Ethylbenzene 1175 C N-Ethylbutylamine (C) Ethyl butyrate 1180 C Ethylcyclohexane (C) N-Ethylcyclohexylamine D Ethylene chlorohydrin 1135 C Ethylene cyanohydrin (D) Ethylenediamine 1604 C Ethylenediamine, Tetraacetic acid, Tetrasodium salt solution D Ethylene dibromide 1605 B Ethylene dichloride 1184 B Ethylene glycol D Ethylene glycol acetate (D) Ethylene glycol butyl ether acetate (C) Ethylene glycol diacetate C SCHEDULE 1—continued Substance I II III IV Ethylene glycol isopropyl ether D Ethylene glycol methyl butyl ether D Ethylene glycol methyl ether 1188 D Ethylene glycol methyl ether acetate 1189 D Ethylene glycol phenyle ether D Ethylene glycol phenyle ether/ D Diethylene glycol phenyl ether mixture Ethylene oxide/Propylene oxide mixture with an Ethylene oxide content of not more than 30% in weight 2983 D 2-Ethylhexanoic acid D 2-Ethylhexyl acrylate B 2-Ethylhexylamine 2276 B Ethylidene norbornene B Ethyl methacrylate 2277 (D) o-Ethylphenol (A) 0.1 0.05 Ethyl propionate 1195 D 2-Ethyl-3-propylacrolein (B) Ethyltoluene (B) Ferric chloride solutions 2582 C Ferric hydroxyethyl ethylenediamine triacetic acid, trisodium salt solution D Ferric nitrate/Nitric acid solution C Formaldehyde solutions (45% or less) 1198, C 2209 Formamide D Formic acid 1779 D Fumaric adduct of rosin, water dispersion B Furfural 1199 C Furfuryl alcohol 2874 C Glutaraldehyde solutions (50% or less) D Glycidyl ester of C10 trialkylacetic acid B Glyoxal solution (40% or less) D Heptane (all isomers) 1206 (C) n-Heptanoic acid (D) Heptanol (all isomers) C Heptene (all isomers) C Heptyl acetate (B) Hexamethylenediamine adipate (50% in water) D Hexamethylenediamine solution 1783 C Hexamethyleneimine 2493 C Hexamethylenetetramine solutions D Hexane (all isomers) 1208 (C) Hexanoic acid D Hexanol 2282 D Hexene (all isomers) (C) Hexyl acetate 1233 B Hydrochloric acid 1789 D SCHEDULE 1—continued Substance I II III IV Hydrogen peroxide solutions (over 8% but not over 60%) 2014, C 2984 Hydrogen peroxide solutions (over 60% but not over 70%) 2015 C 2-Hydroxyethyl acrylate B N-(Hydroxyethyl) ethylenediamine triacetic acid, trisodium salt solution D Isoamyl acetate 1104 C Isoamyl alcohol