Notes

1 This is a compilation of the Pollution of Waters by Oil and Noxious Substances Act 1987 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.

Compilation table
Short titleNumber and YearAssentCommencement
Pollution of Waters by Oil and Noxious Substances Act 198714 of 198729 Jun 19871 Jul 1993 (see s. 2 and Gazette 29 Jun 1993 p. 3163)
Ports (Functions) Act 1993 s. 4646 of 199320 Dec 199315 Jun 1994 (see s. 2 and Gazette 10 Jun 1994 p. 2373)
Acts Amendment (Department of Transport) Act 1993 Pt. 1147 of 199320 Dec 19931 Jan 1994 (see s. 2 and Gazette 31 Dec 1993 p. 6861)
Sunday Observance Laws Amendment and Repeal Act 1997 s. 549 of 199710 Dec 199710 Dec 1997 (see s. 2)
Reprint of the Pollution of Waters by Oil and Noxious Substances Act 1987 as at 12 Oct 2001 (includes amendments listed above)
Ports and Marine Legislation Amendment Act 2003 Pt. 371 of 200315 Dec 200315 Dec 2003 (see s. 2(1))
Courts Legislation Amendment and Repeal Act 2004 s. 141 59 of 200423 Nov 20041 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7128)
Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004 s. 7884 of 200416 Dec 20042 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7129 (correction in Gazette 7 Jan 2005 p. 53))

2 Repealed by the Port Authorities (Consequential Provisions) Act 1999.

3 On the date as at which this compilation was prepared the amendments to the Western Australian Marine Act 1982 which are to be effected by the Western Australian Marine Amendment Act 1987 s. 6 had not come into operation. The relevant part of s. 6 reads:

}

        6. Divisions 6 and 7 of Part IV inserted

        After Division 5 of Part IV of the principal Act, the following Divisions are inserted

        }


        Division 6 Prevention of Pollution from Ships Convention (Ships Carrying or Using Oil)
            90A. Interpretation

            (1) In this Division, unless the contrary intention appears

            }Annex I~ means Annex I to the Prevention of Pollution from Ships Convention;

            }foreign ship~ means a ship that is not an Australian ship.

            (2) Except in so far as the contrary intention appears, an expression that is used in this Division and in the Prevention of Pollution from Ships Convention, including Annex I but not including any other Annex to that Convention, (whether or not a particular meaning is assigned to it by that Convention) has, in this Division, the same meaning as in that Convention.

            (3) For the purposes of this Division, a ship shall not be taken to comply with the provisions of Annex I if it does not comply with the regulations and orders referred to in section 90B.

            90B. Regulations to give effect to Regulations 13 to 19 (inclusive) of Annex I

            (1) The regulations may make provision for and in relation to giving effect to Regulations 13 to 19 (inclusive) of Annex I.

            (2) Without limiting the generality of subsection (1), regulations made for the purposes of that subsection may empower the Minister to make orders with respect to any matter for or in relation to which provision may be made by the regulations by virtue of this section.

            (3) Sections 37, 41 and 42 of the Interpretation Act 1984 apply in relation to orders made in pursuance of regulations made under subsection (1) as if references in those sections to regulations were references to such orders and references in those sections to an Act included a reference to regulations.

            (4) Unless the contrary intention appears, expressions used in orders made in pursuance of the regulations made under subsection (1) have the same meanings as in this Division.

            (5) Orders made in pursuance of the regulations made under subsection (1) shall be read subject to this Act and the regulations and so as not to exceed the power conferred by this Act and the regulations to the intent that where such orders would, but for this subsection, have been construed as being in excess of the power conferred by subsection (1) and the regulations, they shall be deemed to be valid orders to the extent that they are not in excess of that power.

            (6) Where an order made in pursuance of the regulations made under subsection (1) is inconsistent with a provision of this Act or the regulations, the latter shall prevail and the former shall, to the extent of the inconsistency, be of no force or effect.

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Note: This is not an authorised version. The only authorised version is the hardcopy (printed) version published under authority of the Government Printer, available from the State Law Publisher, 10 William St Perth W.A. 6000.