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Best Practice Guidelines

for
Waste Reception Facilities at
Ports, Marinas and Boat Harbours
in Australia and New Zealand
Australian and New Zealand Environment
and Conservation Council
Australian Transport Council
Best Practice Guidelines for the Provision of Waste Reception Facilities
at Ports, Marinas and Boat harbours in Australia and New Zealand

Acknowledgments
The Australian and New Zealand Environment and Conservation Council (ANZECC) wishes to thank members
of the Maritime Accidents and Pollution Implementation Group (chaired by Pauline Semple, Queensland
Department of Environment) and its secretariat (Environment Protection Group, Commonwealth), members of
the ANZECC Waste Management from Shipping and Boating Working Group, ANZECC Standing Committees
on Environment Protection and Conservation, Commonwealth and New Zealand Government Environment and
Transport agencies, the Australian and New Zealand Maritime Safety Authorities, Australian Quarantine
Inspection Service, Royal Australian Navy, Local Government and shipping and boating industries who
contributed to the development of these guidelines.

Layout and production: Queensland Department of Environment

The cover illustration by Christer Eriksson was supplied by BHP Transport Division and illustrates the flagship
Iron Pacific.

Australian and New Zealand Environment and Conservation Council, 1997

Information presented in this document may be copied provided that any extracts are fully acknowledged.

ISBN: 064 633 8056

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Best Practice Guidelines for the Provision of Waste Reception Facilities
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TABLE OF CONTENTS

1. PREFACE 1
1.1 Objectives of the Guidelines 1
1.2 Environmental Outcome 1
1.3 Authority of Guidelines 1

2. BACKGROUND 3

3. RESPONSIBILITIES 5
3.1 Administering Authorities 5
3.2 Clients 5
3.3 Providers 5

4. BEST PRACTICE GUIDELINES - WASTE MANAGEMENT PRINCIPLES 7


4.1 Introduction 7
4.2 Waste Avoidance 8
4.3 Waste Reduction 8
4.4 Waste Segregation 9
4.5 Waste Segregation and Reuse 9
4.6 Waste Recycling 9
4.7 Waste Treatment 9
4.8 Waste Disposal 10
4.8.1 Disposal of Nonquarantine Wastes 10
4.8.2 Disposal of Quarantine Wastes 10
4.9 Quarantine Wastes 10

5. BEST PRACTICE GUIDELINES - PLANNING AND DESIGN OF SERVICES 12


5.1 Introduction 12
5.2 Adequacy 12
5.3 Undue delay 12
5.4 Overview of Planning 13
5.5 Process 13
5.6 Scoping 14
5.7 Design 16
5.8 Waste Management Plan 26
5.9 Consultation 30
5.10 Finalising Design and Management Plan 31
5.11 Drafting and Lodging Applications for Approval 31
5.12 Construction and Commissioning 31

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Best Practice Guidelines for the Provision of Waste Reception Facilities
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6. BEST PRACTICE GUIDELINES - OPERATION OF SERVICES 33


6.1 Waste Management Procedures 33
6.1.1 Management Plan 33
6.1.2 Quarantine Waste 33
6.1.3 Non-quarantine Waste 33
6.2 Documentation 33
6.3 Training 34
6.4 Operation and Maintenance 35
6.5 Waste Transfer Timing 36
6.6 Emergency Response 37

7. AVAILABILITY OF RECEPTION FACILITIES 38


7.1 Commercial Ports 38
7.2 Small Boat Harbours and Marinas 38

8. REFERENCES 39

9. ACKNOWLEDGMENTS 41

10. GLOSSARY 42

Appendix - International, Australian And New Zealand Legislation

A.1 International Conventions and Legislation


A.1.1 UNCLOS III A. 1
A.1.2 MARPOL 73/78 A. 1
A.1.3 SPREP A. 4
A.1.2 Torres Strait Treaty A. 4
A.2 Australian Legislation
A.2.1 Commonwealth A. 5
A.3 Australian State and Territory Legislation A. 6
A.3.1 New South Wales A. 7
A.3.2 Northern Territory A.8
A.3.3 Queensland A.9
A.3.4 South Australia A.10
A.3.5 Tasmania A.11
A.3.6 Victoria A.11
A.3.7 Western Australia A.13
A.4 New Zealand Legislation
A.4.1 National A.14
A.4.2 Regional and District A.16
A.5 Overview of the Waste Management Framework in Australia and New Zealand A.18

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Best Practice Guidelines for the Provision of Waste Reception Facilities
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1. PREFACE

1.1 Objectives of the Guidelines


The following Guidelines will assist managers of commercial ports, marinas, boat harbours,
and administering authorities, to ensure the provision of facilities and services for the
reception of wastes from vessels. The Guidelines provide information relating to ongoing
management, as well as for the planning and establishment of new services and facilities. The
scope of required facilities and services will depend on the types and quantities of wastes
carried by visiting vessels and the needs of the operators of those vessels. At large
commercial ports, there may be a significant demand for reception facilities that cater for a
wide range of shipboard wastes including waste oil and oily mixtures, noxious liquids,
sewage and garbage. At small boat harbours, where the normal traffic is limited to
recreational and fishing vessels, a solid waste bin and a drum for waste oil may suffice. In all
cases, the provision of waste reception facilities should be addressed as part of an overall
management plan.

Managers of commercial ports may already be familiar with the Comprehensive Manual on
Port Reception Facilities published by the International Maritime Organization (IMO). These
Guidelines are intended to complement and supplement the IMO Manual, by providing
local guidance relative to environmental regulatory requirements, standards and practices,
and the availability of facilities in Australia and New Zealand. Readers wishing to obtain a
more comprehensive coverage of the topic should refer to the IMO Manual and the other
reference sources listed in the Guidelines.

Preparation of the Guidelines involved extensive consultation with a representative sample of


port, marina and boat harbour managers and clients, and other stakeholders. Wherever
possible, comments and input from members of these consultative groups was incorporated
into the Guidelines.

1.2 Environmental Outcome


The environmental outcome of implementation of these Guidelines is the reduction of
inappropriate disposal of wastes from vessels of all sizes into marine waters and adjacent
shore areas to ensure the protection of environmental values. This reduction should occur
through use of available waste reception facilities by all users of Australian and New Zealand
waters. By implementing these Guidelines, the managers of ports, marinas and boat harbours
will ensure that suitable facilities are available.

1.3 Authority of Guidelines


These Guidelines provide practical advice on how to implement waste management required
by international law, MARPOL 73/78 (Convention for the Prevention of Pollution from Ships
1973 as modified by the Protocol of 1978), and reflected in Australian and New Zealand
legislation and regulations. It is anticipated that these Guidelines will be implemented by
Governments and Councils through licensing and approval processes where applicable for
ports, boat harbours and marinas, and other measures for ensuring effective environmental
management of theses facilities.

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Best Practice Guidelines for the Provision of Waste Reception Facilities
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A summary of marine pollution prevention conventions, acts and regulations presented in


Appendix A, is intended to provide the reader with an overview of the main legislation, its
context, and its particular relevance to the planning, establishment and management of vessel
waste reception facilities. Readers interested in more detailed assessment of the legislation
should refer to relevant summary publications such those listed in the reference section of
these Guidelines, or to the Conventions, Acts and Regulations themselves.

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Best Practice Guidelines for the Provision of Waste Reception Facilities
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2. BACKGROUND
Internationally, shipping, boating and ancillary services are seen as significant contributors to
degradation of the marine environment, affecting water quality, habitats and coastal amenity.
Oil spills, ballast water discharges, anti-fouling paints, disposal of wastes from vessels, port
dredging and port operations contribute to this in Australian and New Zealand waters.

In February 1992, the Australian and New Zealand Environment and Conservation Council
(ANZECC) established a Task Force to progress issues associated with maritime accidents
and pollution. Recommendations of the Task Force were adopted by the ANZECC Council in
April 1994. The ANZECC Maritime Accidents and Pollution Implementation Group was
established to develop the recommendations into a strategy and oversee implementation of
the Strategy. The national strategy on maritime accidents and pollution, Working together to
reduce impacts from shipping operations: ANZECC strategy to protect the marine
environment was released in June 1996 by ANZECC.

One of the priority issues identified in the strategy was that waste generated from shipping
and boating is a major cause of marine pollution.

The strategy recommends that all ANZECC jurisdictions should adopt and implement the
IMOs Comprehensive Manual on Port Reception Facilities as a starting point for achieving
compliance with international marine pollution prevention requirements. The ANZECC
Working Group on Waste Management from Shipping and Boating was subsequently
established in December 1994 to progress the implementation of the IMO Manual.

The first task of the Working Group was to carry out a comprehensive survey of ports,
marinas and boat harbours in Australia to ascertain the availability and adequacy of waste
reception facilities. The information on waste reception facilities obtained from this study are
summarised in Appendix B and C of this document.

The second task of the Working Group was to review the IMO Manual in the context of
Australian and New Zealand regulatory requirements and, if appropriate, develop an
information package to facilitate the local implementation of the IMO Manual. Hyder
Environmental Pty Ltd were engaged to assist the Working Group and this document, Best
Practice Guidelines for the Provision of Waste Reception Facilities at Ports, Marinas and
Boat harbours in Australia and New Zealand, is the outcome of this task.

Whilst the IMO Manual comprehensively addresses the planning and design of waste
reception facilities in a generic context, it was considered that a supplementary document was
required to enable Australian and New Zealand managers of commercial ports, marinas and
boat harbours to plan, establish and manage facilities in accordance with local requirements.
It is intended that this document will provide assistance to managers and administering
authorities for this purpose.

The Guidelines focus on best practice and performance criteria for waste reception facilities
and management procedures. MARPOL 73/78 approved facilities are recommended where
suitable and Australian and New Zealand standards are stipulated where appropriate. It is
anticipated that the Guidelines will encourage the establishment of adequate reception
facilities.

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Best Practice Guidelines for the Provision of Waste Reception Facilities
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The Guidelines give information on mandatory requirements but include recommended


approaches considered necessary to implement MARPOL 73/78 and achieve best practice
with regard to management of wastes in ports, marinas and boat harbours in Australia and
New Zealand.

Figure 2.1 Result of Inappropriate Waste Disposal from shipping

Off-shore dumping of land generated wastes is controlled internationally by the Convention on


Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972, known as the
London Convention. The provisions of the London Convention are addressed in Australia in the
Environment Protection (Sea Dumping) Act 1981. In New Zealand, the Convention has to date
been implemented through the Marine Pollution Act 1974 and the New Zealand Nuclear Free,
Disarmament and Arms Control Act 1987. Since this issue is not relevant to the provision of
land based vessel waste reception facilities, it will not be addressed further in these Guidelines.

Issues associated with the discharge of ballast water, antifoulants and gases (including ozone
depleting substances) have not been included in these Guidelines as these are being addressed
in other forums.

Wastes recovered from accidental spillages not associated with a waste reception facility, are
not included in this document. In instances of a spillage of MARPOL 73/78 Annex III materials
(harmful packaged substances) relevant authorities such as environment protection agencies and
dangerous goods regulating authorities, need to be contacted.

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3. RESPONSIBILITIES
The focus of these Guidelines is on the planning, establishment and management of vessel
waste reception facilities and services, to facilitate a reduction in marine pollution from
shipping and boating. Clearly for this to occur there needs to be widespread recognition of
responsibilities by managers (providers), users (clients) and administering authorities of
vessel waste reception facilities. These aspects are dealt with in more detail below.

3.1 Administering Authorities


Australia and New Zealand are signatories to MARPOL 73/78 and are required to provide
adequate waste reception facilities for all wastes generated by shipping and boating activities
for those Annexes which have been ratified (Appendix 1). The administering authorities of
national, state, territory and local governments have varied responsibilities, including
national, state and regional waste management strategies. These responsibilities are detailed
in the legislation and regulations, a summary of which is given in Appendix A. It is the
administering authorities duty to ensure that all laws are upheld and that the intent of the
legislation is met.

Governments need to ensure that the formalities associated with the use of reception
facilities, particularly customs, health, and administrative aspects, are as simple and
expeditious as possible to avoid undue delay of a vessel using a waste reception facility. It is
also the responsibility of governments to ensure that costs for receiving and processing
wastes are covered in such a manner that a disincentive does not exist for the use of the
facility.

3.2 Clients
The potential users of vessel waste reception facilities are termed clients throughout the
remainder of this document. Clients in this context are waste generators or transporters. That
is, they have responsibility for a vessel on which waste is being, or has been generated, or is
being transported. They may not be the owners of the waste but, by being the master or
skipper in charge of the vessel they are responsible for the proper management of the waste
on board the vessel. In the case of large ships, this responsibility may encompass making
arrangements for the shoreside reception of a wide range of liquid and solid wastes, including
quarantine wastes. For the skippers of recreational vessels, the proper management of wastes
may require only the collection and deposit of garbage into a bin provided at the marina or
boat ramp. In all cases, these clients need to be aware of their responsibilities as set out in
relevant local, state, national and international requirements.

3.3 Providers
The owners, managers, and operators of vessel waste reception facilities and services are
collectively termed providers in these Guidelines. Although there would normally be quite
distinct differences in the roles and responsibilities of each of these in relation to specific
sites and facilities, for the purposes of this document, no distinction is made. They are
considered jointly responsible for the provision of adequate vessel waste reception
facilities which meet the needs of the vessels using them, without causing undue delay, and
all management plans associated with waste management at their premises. The terms
adequate and without causing undue delay are defined in MARPOL 73/78 and discussed
in more detail in Section 5 of these Guidelines.

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In many of the major commercial ports in Australia and New Zealand, waste collection
services are provided by private contractors rather than port managers. The contractors have
no contractual obligation to the manager of the port, and the port manager has no role except
to ensure that a contractor is available and operates within the environment and safety
requirements of the port authority. The contractors are contacted by the ships agent and
arrangements are made for the contractor to meet the ship on arrival, to collect the waste.
The contractor invoices the ships agent for the service.

SUMMARY

RESPONSIBILITIES

Administering Authorities (National, State, Territory and Local Government)

Responsible for ensuring availability of port waste reception facilities


Responsible for ensuring that port waste reception facilities operate in an environmentally
sound manner

Clients (Users of Waste Reception Facilities)

Responsible for the proper management of wastes generated or transported on vessels and
appropriate disposal to waste reception facilities

Providers (Owners, Managers and Operators of Waste Reception Facilities)

Responsible for the provision of adequate vessel waste reception facilities


Responsible for ensuring that any waste disposal contractors working within their port,
boat harbour or marina do so within the environmental and safety requirements of the port,
boat harbour or marina
Responsible for meeting all legislative requirements of regulating authorities

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4. BEST PRACTICE GUIDELINES - WASTE MANAGEMENT PRINCIPLES

4.1 Introduction
The principles of cleaner production should be practised in the management of reception
facilities as well as in the management of wastes on vessels. Wastes include solids, liquids
and gases.

Waste can be categorised into various types depending on the physical properties and
ultimate destination of the material. Each category may not need to be catered for at every
reception facility if the need for that particular waste is not common. Alternatively, the
managers of a number of sites can coordinate their waste reception facilities to ensure that
shipping and boating have access to all necessary facilities within a region or port. Typical
vessel waste categories are shown in Table 1. Figure 1 gives a brief summary of the
MARPOL 73/78 Annexes with a full description given in Appendix A.1.1.

Table 4.1 Potential shiping and boating waste types


Waste Waste Description Reusable Relevant MARPOL
Category or Recyclable 73/78 Annex
Quarantine Various types Generally No IV, V
Waste
Solid Hazardous substances No V
Paper Yes V
Metals, glass Yes V
Plastics Some V
Fishing nets & other equipment No V
Medical wastes No V
Hold sweepings No V
Galley waste No V
Fish, animal or livestock wastes Some V
General garbage No V
Liquid Waste Oil Yes I
Oily mixtures including fuel Yes I
residues
Oily mixtures containing chemicals Possibly I, II
Tank wash water Yes I, II
Sewage No IV
Grey waters No IV
Noxious liquids No II

The following options form a hierarchy of waste management priorities, (in order of
preference with the first four being the most desirable), should be considered:

waste avoidance - practices which prevent the generation of waste altogether;


waste reduction - practices which reduce waste produced;
waste segregation - separate wastes making it useable or less difficult to dispose of
waste reuse - direct reuse of waste materials for the same grade of use;
waste recycling or reclamation - using valuable components of waste in other processes;

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Best Practice Guidelines for the Provision of Waste Reception Facilities
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waste treatment - to reduce hazard or nuisance, preferably at the site of generation; and
waste disposal - if necessary, this should be done in the most environmentally sound
manner.

MARPOL 73/78
Includes Protocol I (Reporting)
Protocol II (Arbitration)

ANNEX I ANNEX II ANNEX III ANNEX IV ANNEX V


(oil) (noxious liquid (harmful packaged (sewage) (garbage)
since substances) substances) not yet in since 31/12/88
2/10/83 since 6/4/87 since 1/7/92 force
Figure 4.1 - Structure of MARPOL 73/78

The following sections detail principles which should be followed to achieve optimum waste
management.

4.2 Waste Avoidance


Everyone has a responsibility to avoid waste production where possible. In the case of waste
reception facilities, there is limited control that the provider can have over waste production.
Regulating authorities can influence the reduction of production of wastes but the main
responsibility rests with the operators of vessels not to create wastes in their normal operation
of the vessel.

EXTRACT FROM
RECREATIONAL AND SPORT FISHERS CODE OF PRACTICE

Responsible fishers respect the environment

We take our rubbish away with us, so that it doesnt pollute the
environment or endanger wildlife

We immediately report pollution of fishing waters, especially


irresponsible use of fertilisers and pesticides or runoff of toxic wastes

4.3 Waste Reduction


Where wastes are produced, the quantity of waste should be minimised. Implementation of
waste minimisation methods in existing and proposed operations will reduce the
environmental impacts. The reduction of wastes is sound economics for all parties as it means
that more of a resource is being utilised and resources are not spent on handling the waste in
the most suitable manner.

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4.4 Waste Segregation


Both clients and providers of waste reception facilities should wherever possible segregate
wastes into different categories to facilitate the reuse, recycling or disposal of the resource or
wastes. With the increase in recycling and waste processing, the segregation of materials
within the waste stream is becoming of increasing value. Ships and boats should have
separate receptacles on board, in which to store segregated wastes.

Managers of reception facilities should ensure that wastes are not mixed by their clients or
when stored within the reception facility. Quarantine wastes should be segregated from
nonquarantine wastes as the mixing of these would increase the quantity of quarantine wastes
to be disposed of as well as the associated costs. Section 4.9 deals with quarantine wastes in
more detail.

4.5 Waste Segregation and Reuse


Where possible, waste should be segregated for reuse or partially treated to a reusable state
rather than being sent for disposal. In some areas the ability to reuse material such as organic
waste is becoming an option to disposal. Where this is occurring, the manager of the
reception facility should endeavour to implement this option. The precise requirement for
storing the material for reuse will need to be determined with the user of this material during
the planning phase of the establishment of the reception facility. Reuse of waste is feasible in
some situations, such as storage of tank washings to allow their reuse for future washing of
tanks.

4.6 Waste Recycling


Recycling is the preferred option to disposal. However, some reception facilities may not
have access to recycling systems due to remoteness or other local reasons. New Zealand has
waste recycling facilities available in most major port areas, and waste management
companies nation-wide that can provide recycling services.

Where plastics can be received for reuse or reprocessing, reception facilities should indicate
clearly which plastics are acceptable to the local system with separate receptacles labelled as
appropriate. Similarly, receptacles for all recyclable materials should be labelled clearly
showing the degree of segregation required. The recycling of used oils has significantly
increased in recent times and every opportunity should be taken to ensure that recycling of
used oils is carried out.

Any application to recycle quarantine waste will be considered on an individual basis by the
Chief Quarantine Officer of that state or the delegated representative.

4.7 Waste Treatment


Where waste treatment is required prior to reuse, recycling or disposal, this may occur at the
reception facility or at the facility to which a waste contractor delivers the waste. The need
for treatment and the level and type of treatment will be determined by the requirement of its
use or disposal.

For example, sewage pump out wastes can be treated on site for reuse or discharge, or
tankered or pumped from site to a municipal sewage treatment plant for reuse or disposal
with other sewage effluents of the area.

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Best Practice Guidelines for the Provision of Waste Reception Facilities
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4.8 Waste Disposal


The Commonwealth of Australia has adopted a national target of a 50% reduction by the year
2000 in waste going to landfill measured by weight per capita based on 1990 levels. Some
Australian states have adopted waste reductions greater than 50%.

Waste disposal has a variety of options depending on the type of waste. In all cases waste
disposal is regulated by the relevant authority and any proposed disposal or delegation of
disposal, should be carried out with the full knowledge that the disposal is being done in an
approved manner to acceptable environmental standards.
4.8.1 Disposal of Nonquarantine Wastes
Waste should be disposed of in an environmentally responsible manner. Approval by the
local environmental authority may be required to dispose of the waste on site or to have the
waste transported for disposal off site. An approved waste disposal contractor should be used
to ensure that the wastes are disposed of in an approved manner. Final disposal will generally
be to landfill with the possibility of incineration in some areas. In some states, Local
Government has the right to set acceptance criteria for waste disposed to landfill.

In New Zealand, regional and district authorities and private companies manage waste
disposal sites. Approval is required from regional councils for land use and disposal to
landfills.
4.8.2 Disposal of Quarantine Wastes
Wastes that are considered to require quarantine, because of their international source or
other reason, should be segregated from all other wastes and contained in an authorised
manner prior to disposal. While most shipboard wastes will be classified as either quarantine
or not quarantine for a specific vessel, there may be situations where some wastes may not
require the standard quarantine controls. For these and segregated wastes stored at reception
facilities, attention should be given to the maintenance of this segregation.

The options for disposal which include incineration, deep burial or sterilisation, will be site
specific and may be waste specific.

All methods of disposal in Australia must be authorised by Australian Quarantine and


Inspection Service (Australian Quarantine Inspection Service). In New Zealand, the Ministry
of Agricultures Regulatory Authority sets standards for the collection, transport and disposal
of all quarantine wastes from ships. The Ministry of Agricultures Quarantine Services
ensures these standards are being met.

4.9 Quarantine Wastes


Australia and New Zealand are relatively free from many diseases due to their island status. It
is important to maintain this situation for the protection of Australias and New Zealands
flora and fauna, and to safeguard agricultural industries and human health. It is essential that
the controls to prevent the introduction of pests and diseases be maintained and enforced.
One of the controls is the management and disposal of wastes of international origin from
ships and boats. The current Australian controls are described in the AQIS document Draft
Guidelines for the Storage, Collection, Disposal, and Monitoring of Quarantine Waste, a
copy of which is attached at Appendix E.

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Quarantine wastes comprise a wide range of shipboard materials, including:


organic galley and accommodation refuse including nonwashable items which may have
been in contact with such wastes;
dunnage (wood, straw, matting and other packing material) and floor sweepings in some
instances;
other organic waste which may constitute a health risk; and
interstate food subject to quarantine.

It is essential that quarantine wastes originating from an overseas vessel are not mixed with
wastes originating from a domestic vessel, otherwise all wastes will need to be classified as
quarantine waste and disposed of in a more controlled and potentially, more expensive
manner. Some metals such as aluminium cans are being permitted into the domestic
recycling stream with appropriate controls.

In New Zealand, the Biosecurity Act 1993 may require risk goods to be quarantined and
disposed of as necessary. Appropriate waste reception facilities are required where the import
of risk goods occurs or may occur.

SUMMARY

BEST PRACTICE GUIDELINES


WASTE MANAGEMENT PRINCIPLES

WASTE MANAGEMENT HIERARCHY


In order of priority:

Waste avoidance: practices which prevent the generation of waste;


Waste reduction: practices which reduce waste;
Waste reuse: direct reuse of waste materials for the same grade of use;
Waste recycling: using valuable components of waste in other processes;
Waste treatment: to reduce hazard or nuisance, preferably at the site of
generation;
Waste disposal: this should be done in the most environmentally sound
manner.

Waste types: MARPOL 73/78, solid, liquid, quarantine, recyclables

Segregation: domestic and quarantine wastes, recyclable and non-


recyclable

Waste Management Plan: essential part of overall Management Plan of port, marina or
boat harbour

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5. BEST PRACTICE GUIDELINES - PLANNING AND DESIGN OF SERVICES

5.1 Introduction
Waste reception facilities can be provided at regional or site specific level. If the requirement
for specific types of facilities does not justify multiple facilities in a particular region or
location, a management agreement between providers should ensure that arrangements are in
place to make adequate and viable installations available. This and the following section
address basic requirements of planning, design, construction and operation and maintenance.

In New Zealand there is only limited scope for regional waste reception facilities to be
developed (ie Bay of Islands, Marlborough Sounds). There is, however, scope for the
disposal of wastes collected from site specific facilities at a regional level.

While these Guidelines attempt to give detailed information on the planning and design of
waste reception facilities, they do not give complete details for every eventuality. Hence, it
may be appropriate in many situations to use additional expert services to adequately plan
and design a functional reception facility.

5.2 Adequacy
All reception facilities, regardless of size should be able to receive MARPOL 73/78 Annex V
wastes (garbage) and Annex I wastes (waste oils and oily mixtures), as well as be capable of
handling any other wastes in the quantities that would normally be handled or discharged
within that port, marina or boat harbour. The planning and design processes should ensure
that the facility has sufficient capacity to handle the peak load that would be imposed on the
facility.

The hours of operation and availability of the reception facility should be appropriate to the
needs of the vessels using the facility. Both the vessel and the facility should ensure that the
systems used by each are compatible so that the safe and environmentally sound transfer of
wastes can occur. Where special events such as a major yacht race occur, a contingency plan
is required.

5.3 Undue delay


Undue delay could be considered to apply when the time spent in port disposing of wastes
exceeds the normal turn-around time of the vessel in that port, unless the delay is caused by
the fault of the vessel, its master, its owner or authorised representative, safety requirements
or the normal port procedures.

The master, owner or the owners representative should contact the providers in good time,
generally not less than 24 hours before expected discharge of wastes. The transfer of
information on the type and quantity of waste and the time and place of transfer of the waste
should be made in advance at the initial time of contact.

This level of detail would not normally be required for small and recreational vessels using
facilities at marinas and boat harbours. The operation of a facility should address these issues
(refer to Section 6.4).

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5.4 Overview of Planning


The planning approvals and licences required to provide and operate a port, marina or boat
harbour are different between Australia and New Zealand, and may be different between
states within Australia.

In Australia, there is a Commonwealth National Waste Minimisation and Recycling Strategy.


The environment protection systems, including statutory framework, vary between States and
Territories. Approaches include State waste management strategies, State environment
protection policy, and licensing and regulation of facilities and operations that have the
potential to pollute the environment. Best practice guidelines provide assistance for
stakeholders to implement policy and conform with statutory requirements. An overview of
legislation and statutory requirements for ports, marinas and boat harbours is provided in
Appendix A.

In New Zealand no legislation exists to require a national waste minimisation strategy nor
provide for licensing of facilities. Legislation does exist requiring regional policies and plans
that may address waste management issues, resource consents, and the district councils are
required to prepare a Waste Management Plan (refer to Appendix A for a summary of
relevant legislation). The implementation of these Guidelines would be through these
management plans, conditions on consents for new facilities, or through voluntary
compliance.

5.5 Process
When planning and designing a new port, marina or boat harbour, or redeveloping an existing
facility, the following steps are recommended for inclusion:
Step 1: Scoping of the project including:
i) the information requirements on relevant matters;
ii) likely environmental effects;
iii) approvals and consents required and administrating authorities; and
iv) key interest groups requiring consultation.
Step 2: Initial design of the facility including:
i) the location of facilities;
ii) facility standards and design; and
iii) solutions to avoid, remedy or mitigate any adverse environmental
effects.
Step 3: Preparation of a draft Management Plan covering:
i) types of waste to be received and reception facilities to be provided;
ii) methods of collection and disposal;
iii) environmental effects and methods to avoid, remedy or mitigate any
adverse effects;
iv) operational procedures for cleaning and maintaining facilities;
v) emergency procedures;
vi) administrative matters including documentation requirements; signage;
protocol for selection of waste disposal contractors;
vii) contracts and agreements between waste disposal contactors;
viii) training programmes for operators, relevant workers and clients; and
ix) conditions on approvals and methods to comply with conditions,
including monitoring of any adverse environmental effects.

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Step 4: Consultation with Key interest groups including:


i) administering authorities to determine their information requirements,
timing for approvals, initial reaction to the project, and any major
issues that require addressing in the Management Plan;
ii) user groups to determine their interests and needs; and
iii) the wider community to determine their major concerns and to identify
supporters and opposers of the project.
Step 5: Finalising of design and the management plan incorporating matters raised
through consultation.

Step 6: Drafting and lodging of applications for approvals.

Step 7: Construction and commissioning.

5.6 Scoping
In designing and planning an acceptable facility it may be necessary to obtain and assess
information on the following matters:

port or boat harbour characteristics - size; type; traffic; services (eg vessel repair);
environment; commodities handled;
vessel characteristics - existing and future traffic and vessel characteristics;
waste characteristics - types and quantities from clients and within facility;
port waste handling characteristics - existing capacity; standard and type of reception
facilities; reception times; transport, access and parking requirements; available
registered or approved waste transport contractors; waste recycling; treatment and
disposal facilities;
hazard and risk assessment of facility and wastes to be processed by the facility;
occupational health and safety requirements;
environmental objectives and other environment protection requirements;
emergency response and cleanup requirements;
material for preparation of operational instructions;
locations and other requirements for signs; and
applicable laws, regulations, rules, guidelines, policies and approvals required.

The above information needs to be analysed from the following perspectives:

technical, engineering and scientific;


operational;
financial, economic;
environmental; and
socio-cultural.

The likely environmental effects should be identified as part of the scoping exercise through
a review of environmental impacts such as an environmental impact assessment or
equivalent. These investigations may be required to support the development application,
and may be obligatory in some areas.

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All relevant approvals from administering authorities such as local, district, regional or state
governments as appropriate must be applied for and obtained prior to construction and setting
into operation. An example of conditions for a recent New Zealand marina development is
given below. These can be equally applied in Australia as a starting point.

EXAMPLE NEW ZEALAND RESOURCE CONSENT CONDITIONS


WASTE MANAGEMENT AT MARINAS

The following is an example of resource consent conditions which may be applicable to future
marina developments, relative to waste reception facilities.

SEWAGE PUMP OUT FACILITY

1. Common user facilities for sewage pump-out, handling and disposal to service boats
shall be provided at a suitable location in the marina.
2. Sewage pump-out facilities shall be designed and operated at all times to ensure the risk
of spillage from operations is minimised.
3. Appropriate equipment to contain and remove spillages of sewage shall at all times be
kept stored in a convenient position near the facility and be available for immediate use.
4. Marina rules shall require that all boats using the marina shall use the facility with due
care, and shall prohibit the discharge of sewage and waste water from boats into the
harbour waters.
5. A contingency plan to deal with sewage spills shall be approved by the General Manager
of the Regional council or delegate before the sewage pump-out facility and associated
structures are constructed

CONTROL OF DISCHARGES

1. Facilities for the reception of rubbish from craft arriving directly from overseas ports
shall be provided.
2. Sufficient rubbish receptacles shall be provided and maintained around the marina.
These receptacles shall be designed and maintained in such a manner that birds are not
attracted to the marina by inappropriate rubbish disposal.
3. A receptacle for the collection of waste oil shall be provided and emptying of the
receptacle to an approved recycling area on a regular basis will be carried out.

MARINA MANAGEMENT PLAN

A management plan for the marina, approved by the General Manager of the regional Council
or delegate, shall exist. The plan shall include but is not limited to:
1. The berth contract provisions (marina agreement) which are directed at ensuring berth
holders act in an environmentally appropriate manner. Penalty provisions for
inappropriate actions should also be included.
2. A description of the facilities provided to ensure that the natural environment is not
contaminated by the operation of the marina which should include:
a) a description of their operation
b) their maintenance requirements
c) contingency measure associated with their operation
d) those responsible for their operation including any training required
Source: Environment BOP Decision 04 0148

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Key interest groups that require consultation will include:

administering authorities;
port, marina and boat harbour users (including recreational fishers);
waste management contractors;
boating associations or clubs;
fishing and marine related companies;
indigenous groups;
local community;
waste treatment and disposal bodies (e.g. landfills, sewerage authorities); and
facility associations (where they exist).

It is essential that the planning team has the relevant level and blend of expertise to ensure
that all of these scoping matters are considered.

5.7 Design

The design of the facilities should address the matters identified through the scoping exercise.
These Guidelines provides guidance on design aspects relating to: location of facilities;
facility standards; and types of waste.

Location of Facilities
The location of ship waste reception facilities (refer to IMO Manual - Page 125) within the
port, marina or boat harbour will be influenced by:
the types and volumes of waste being received;
the frequency of use and emptying requirements;
the disposal methods to be used;
the environmental and amenity values of the area; and
the access and security requirements.

The planning of the location of the ship waste reception facilities should therefore:
balance the operational requirements for easy access for use and for emptying
facilities with the need to preserve environmental and amenity values of the area;
avoid or reduce any adverse environmental effects of providing and operating waste
reception facilities (such as visual, noise, odour, attraction of rodents and birds,
cleaning discharges etc) through proper design, location and operation; and
require monitoring of any adverse environmental effects associated with the location
of ship waste reception facilities.

In particular, the following matters should be considered when designing the location of
specific facilities:

Fixed Reception Facilities


Fixed facilities will need to address all the local planning and environmental approval and
performance requirements. This may require environmental impact assessment especially if
long term storage or onsite treatment facilities are incorporated into the facility.
Consideration needs to be given to the ability of the vessels being serviced by the reception

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facility to load and unload concurrent with discharging wastes. In larger ports this may not be
feasible and the mobile facilities discussed below may be more appropriate. In smaller ports,
there may be a need to store ship waste for longer periods of time until disposal services are
available. The location of facilities in smaller ports need to therefore consider some of the
adverse environmental effects identified above.

Vehicles
In larger ports, the use of land based waste removal contractors is commonly used as it allows
flexibility for loading and unloading of cargo and negates the need to relocate the vessel to
discharge wastes or each berth having waste reception facilities. The most common type of
vehicle for this purpose is a road tanker fitted with a vacuum pumpout system. Vehicle access
and parking need to be considered. In smaller ports, road vehicles are commonly used for the
collection and disposal of waste from reception facilities. The location of the facilities
should therefore take into account vehicle access to facilities with adequate turn around and
parking bays provided. In some cases waste may be transported to a transfer station, and the
size of the vehicle requiring access may be smaller.

Barges
Where waste collection is by barge, specific attention should be given in the design of the
equipment to prevent spillage and provide containment and cleanup devices in the event of a
spill. This is particularly so for Annex I, II and IV wastes. Fendering systems should also be
included in all barge design. Barge mounted reception facilities are able to service vessels
that are located at a dock or buoy where reception facilities do not exist or where vehicle
access is not possible. Potential for spill incidents, servicing, emptying and cleaning the
barges should be considered when planning and designing floating reception facilities.

Facility Standards
The facility standards and design will relate to the port, marina and boat harbour
characteristics established in Step 1: Scoping.

EXTRACT FROM
IMO COMPREHENSIVE MANUAL ON PORT RECEPTION FACILITIES

The following considerations are important when selecting a site:


1. Other port operations should not be hindered;
2. The risk for wastes to enter the water should be minimised;
3. The site should be at a convenient place both for seafarers and for port personnel and
vehicles;
4. The site should have sufficient lighting to allow for and encourage garbage collection 24
hours a day;
5. Garbage reception areas need to be clearly marked and easily located;
6. Garbage reception areas must be secure to prevent abuse or misuse and to ensure the safety
of seafarers and port personnel using them;
7. The impact of the facilities on the surrounding community should be minimised, especially
with respect to noise, odour and outer appearance;
8. The facilities must comply with national, local and other applicable legislation on garbage
collection and processing. Source: IMO Manual

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The following design principles should be followed:


reception facilities, pump out points and receptacles or containers will need to be
positioned at locations convenient for use by clients and waste transport contractors;
all reception points and containers should be well labelled and directions to these
points should be well sign posted;
information on the correct use of each facility should be displayed on a readily visible
sign adjacent to the operating controls, containers or receptacles;
Australian Standard AS 3962 - 1991, Guidelines for design of marinas, Clauses 5.4
and 5.5 makes reference to the need for liquid and solid waste disposal - requirements
of this standard have been incorporated into these Guidelines;
standardised (international) connection fittings are required to ensure that fittings on
visiting vessels are compatible with the hose fittings at the port or marina waste
reception facilities;
appropriate location should be provided for protective clothing for handling wastes,
wash down facilities, etc; and
facilities should allow for tidal variations as appropriate to the port, boat harbour or
marina as practically possible.

CAPACITY REQUIREMENTS BASED ON FREQUENCY OF USE


Capacity shall be capable of receiving those residues and mixtures which are handled
within that port and which must be discharged to reception facilities.
All ports including marinas and fishing ports will need to provide adequate facilities to
receive Annex V wastes (garbage) and waste oil from engines.
Receptacle capacity should meet demand in terms of size, the number of receptacles
required, and space availability
Requirements for handling seasonal fluctuations in demand for waste disposal should be
considered when determining receptacle capacity
Container size will affect the servicing schedule which has implications for labour and
collection vehicle requirements. More frequent collection reduces health and safety
concerns and requires less storage space, but may increase costs through the use of more
vehicles and labour.
The receiving capability should be at least appropriate in time and availability to respond to
the continuing needs of ships using the port.
Source: IMO Manual

As part of the planning and design process, matters (including adverse environmental effects)
associated with the provision of facilities will be identified. There may be a variety of
methods to avoid, remedy or mitigate some of these matters including engineering,
operational or the inclusion of landscape solutions depending on the effects being addressed.
The initial design stage should identify these matters and resolution methods for inclusion in
the draft management plan and consultation steps.

In some areas specific waste management conditions may apply (e.g. requirements for
sewage containment on all vessels with appropriate treatment or transfer to land based
sewerage systems.

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Types of Waste
Specific design of waste reception facilities will be required for the following types of waste:

TYPES OF RECEPTION FACILITIES


Liquid Waste (MARPOL 73/78 Annex I, II and IV)

Reception of both Annex I and II wastes needs to be followed by the treatment of these wastes as
illustrated in Figure ? of a typical layout of a reception facility for these wastes.
Annex I - Waste oil
Reception of oily wastes can be carried out in a number of ways. Barges are a good option for
floating facilities. On-shore collection can be carried out by tank trucks or at a central collection
facility. In all cases, storage tanks with pumping facilities for oily wastes will be required to which
ships, collection barges or collection vehicles can discharge their (collected) wastes.
Annex II - Noxious liquid substances
These wastes usually result from tank cleaning activities. It is feasible to combine tank cleaning
facilities with reception facilities which require pumps and storage tanks. The most important
aspect for reception of Annex II wastes is ensuring chemicals are not mixed, as they may create very
dangerous situations.
Annex IV - Sewage
If the port area is served by a sewerage system, it may be possible to discharge ship-generated
sewage into the sewer system either by direct connection (e.g. by hose or pipe) or by transfer using
tanker trucks
If there is not an adequate sewerage system then a waste management strategy should facilitate an
integrated approach to the collection, treatment and disposal of sewage generated both on land and
on ships.
Solid Waste (MARPOL 73/78 Annex V)
Annex V - Garbage
A variety of containers/bins and dumpsters can be used for the collection of garbage. These need
to be functional in terms of their capacity, type and transportation. Figure ? illustrates the
various types of containers and other receptacles.
Segregation of various types of garbage may be useful or in some cases necessary (eg
quarantined wastes). Receptacles used for the collecting of recyclables should be easily
distinguishable from those used for non-recyclable garbage.
Receptacles should be chosen with characteristics to discourage their abuse or misuse.
Receptacles for garbage disposal may be placed on the ships while in port, therefore requiring
wire sling attachments. Receptacles must be compatible with the maximum load of the available
cranes and constructed of durable materials and equipped with lids to contain vermin, prevent
litter spreading and offensive odours.
Stationary compactors or baling equipment may be used to reduce the volume of the garbage.

Source: IMO Manual

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Quarantine Wastes

A designated secure area and/or receptacles are required for wastes classified as quarantine
wastes. Quarantine wastes require receptacles that are permanently marked with the word
Quarantine printed in black 15 mm high on a yellow background and securely covered to
effectively prevent the spillage of material or access by birds or animals.

The design should allow for access for the approved quarantine contractor to remove the
quarantined waste to an approved quarantine waste disposal site. The facility should also
have a suitable process to clean the receptacle after the collection of quarantined waste and
handle any wastes produced from the cleaning process.

Quarantine waste from cruise vessels should be transferred from the vessel to the transport
vehicle by a chute (plastic or canvas). Under no circumstances should the design include the
provision for dropping bags of waste over the side of the vessel into the transport vehicle.

Liquid Wastes

Provision should be made for the reception of liquid wastes of types required by prospective
clients. Specific attention should be given to the following:
type of liquid waste being received, any risks associated with storage of combinations
of liquid wastes, segregation where necessary;
use of standard fittings, with adaptors if necessary;
treatment or disposal methods;
transport access; and
statutory approvals to install and operate.

In the case of sewage, the reception facility will have to consider the following:
type of sewage, namely: septic sewage, sullage, galley waste, chemical toilet sewage,
grey water, sludge from aerobic treatment systems;
frequency of use and necessary capacity;
constraints of the receiving sewerage and treatment systems such as maximum
delivery rates;
limitations of sewage transfer such as pump capacity and pumping rates;
minimisation of odour release to the surrounding environment;
protection from accidental spillage during waste transfer;
provision of a freshwater hose for flushing out vessel sewage holding tanks; and
salt water flushed toilets.

Connections

The IMO Manual along with other guidelines commonly specify a 1 inch NPT, 1 inch
BSP or 40 mm sizes for sewage discharge connections from small vessels. All these are
equivalent and generally similar although technically not interchangeable. In Australia, 1
inch BSP fittings for liquid suction is commonly available and is recommended as the
standard for small vessels where sewage pumpout is required. The International standard is
ISO 228/1 for pipe threads where pressure-tight joints are not made on the threads.

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Storage Tanks

Adequate storage tanks should be considered for tank washings for ships carrying Annex II
cargoes, including vegetable oils. This will allow vessels to comply with Annex II. Direct
removal by a waste disposal contractor from the producing vessel is common, especially for
commercial shipping. Where this is the proposed method of disposal of wastes from a vessel,
provision for suitable access for the contractors vehicle is necessary. In large ports, these
types of wastes are normally handled by the bulk liquids terminal as part of its agreement
with the receiver of the product. A typical marina waste oil reception facility is shown in
Figure 6.1.

Discharge to local sewage systems

If the sewage or liquid waste is being discharged to a sewerage authority sewer, approvals for
the collection system, pretreatment, quality and quantity limits and any storage requirements
may be required along with agreement on any fees that may be applicable. In the case of a
large marina in a small town, the volume and strength of ship waste may be equivalent to or
more than the amount generated by the town, and design and pre-approval investigations will
be critical. It will be necessary to liaise with the relevant sewage treatment plant
management for discharges of sewage of an acceptable quality and at a rate compatible with
the plant capacity.

Figure 5.1 Oil Waste Disposal and Underground Storage Example

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Similar comments apply to other liquid wastes but it is rare for these to be discharged directly
to a treatment system from a port reception facility. Typical treatment methods for non-
sewage liquid wastes (eg oily mixtures) may consist of a settling tank or pit which may
double as a flow equalisation tank, followed by a corrugated plate interceptor, then a filter
designed to suit the waste. Discharge standards will vary depending on the receiving
environment and the regulating authority but suspended solids limits below 20 mg/L and no
visible oil and grease, are typical. The design of a reception facility where discharge to the
sewer or receiving environment does not occur, will require consideration of the pattern of
receipt of waste and pick up by waste contractors so that storage tanks, if required, can be
designed and sized appropriately. Where practical, pumpout facilities should be provided
adjacent to fuel dispensing facilities. This will save time for the vessel operator as well as
encourage the use of the pumpout facility.

If on site disposal is proposed, the approval of the environmental regulating authority will
normally be required. The level of detail on the proposed treatment system will depend on the
requirements of the approving authority.

Chemical and Salt Water Toilets

It is inadvisable to discharge chemical toilet wastes directly to small sewage treatment


systems as the chemicals contained therein, can be detrimental to a treatment plant
performance if they are discharged directly and form a significant proportion of the sewage
feed. This is also applicable to saline based sewage. There are acceptable methods of
designing holding and pumping systems that will ensure that the potential to upset the sewage
treatment system is minimised. Advice should be sought from the local sewerage authority.

EXAMPLE SEWAGE PUMPOUT FACILITY REGULATION

In Sydney Harbour, the River Murray and other inland waterways of NSW,
marinas with over eight berths must provide sewage pumpout facilities.
Marinas outside these areas are encouraged to provide facilities in the same
manner to allow boat owners to dispose of sewage in a legally and
environmentally acceptable manner. Boat owners can be prosecuted for
pollution if any liquid waste is discharged into any NSW waterway. Such a
service can be on a cooperative basis with a group of marinas in the same
locality. A typical sewage pump out facility is shown in Figure 5.2.
Source: Waterways Authority

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Figure 5.2 Sewage Pump Out

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Solid Wastes
Solid wastes will include general garbage (Annex V) as well as specific wastes from time to
time. For general solid wastes and for quarantined solids, specific receptacles or containers
will need to be supplied. Location of the waste containers should be accessible to both client
and waste removal contractor. Receptacles for all types of wastes received at the facility
should be available and clearly labelled and sign posted. Generally, waste storage areas
should be designed so that wind and vermin including birds and animals, cannot cause the
spreading of wastes and disease. A typical facility for harbour cruise vessels is shown in
Figure 5.3.

Figure 5.3 Solid Waste Reception Facilities for Segregated Waste

Some wastes, such as food wastes or fish can become obnoxious quite rapidly and hence
should not be stored for long periods in significant volumes. Planning of the site to suit waste
contractor services and the suitable design of the storage area can minimise the effects of
odours.

Spare bins should be available to replace local bins within any marina site to ensure that there
is always capacity for clients use. In the event that receptacles become full before the
scheduled collection time, procedures should exist to have an unscheduled collection.
Telephone numbers on the receptacle, or in a suitable location within the reception facility,
will allow quick notification to the appropriate collector so that an unscheduled collection
can be made.

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Incineration is an alternative method of disposal and is the AQIS preferred method of


disposal of quarantined wastes. Therefore, full attention should be given to the use of the best
available technology with suitable integrated air pollution control systems to gain community
and regulatory approval for such a method of disposal of wastes.

Figure 5.4 Garbage and Recyclable Material Bins

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5.8 Waste Management Plan


The main objective of waste management planning is to ensure that the design and operation
of facilities minimises the risk of adverse environmental impacts. The development of a
waste management plan for a facilities involves: identifying risks to the environment from
activities at the facility, identifying options for reducing that risk, and evaluating options for
managing the facility to reduce risks. Operational matters are addressed further in Section 6.4
Operation and Maintenance.

It is expected that the waste management plan would outline management objectives for:
1. OPERATIONAL:
- waste management, including consideration of seasonal variations
- facility management/maintenance
- responsibilities/contractual arrangements
- emergency responses
- infrastructure
- signage
- compliance with approval conditions, including auditing
- training and education

2. TECHNICAL:
- facility requirements
- standards for equipment/capacities, incorporation of new technologies

3. ENVIRONMENTAL:
- avoid, remedy or mitigate any adverse environmental effects
- water quality, including stormwater management
- noise
- visual
- odour
- natural character
- coastal processes

4. COMMUNITY:
- public access
- recreational use
- consultation

The waste management plan will need to include at least the following sections relative to
waste reception facilities:
waste management including types of waste to be received and facilities to be
provided, methods of collection, etc;
environmental effects and methods to avoid, remedy or mitigate adverse effects;
operational matters for cleaning and maintaining the facilities;
sections for inclusion in marina agreements regarding waste management;
signage for location and use of facilities;
protocol for selection of waste disposal contractors;
safety and emergency response plans;

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documentation for recording and tracking wastes;


training programmes for operators, relevant workers and clients; and
conditions on approvals and methods to comply with conditions.

METHODS OF DISPOSAL OF DIFFERENT TYPES OF WASTES


Oily Wastes (MARPOL 73/78 Annex I)
The choice of disposal methods should be based on environmental outcomes of the options.
Where several potential options exist the costs need to be considered against the benefits of
each option.
Incineration
- there are several types of incinerators for oily wastes. Not every type of waste can be
handled by a specific incinerator;
- pollution should not be transferred to the air as waste compounds can cause serious
air pollution.
Land farming
- the naturally occurring microbial population in the soil degrades oil; 80-90% of the
oil is destroyed within 2-3 year;
- More expensive than landfill as more land is needed and more maintenance of the
disposal site is required.
Landfill Storage
- should only be applied to oily wastes with a low hydrocarbon content and a high
solids content. Oil or liquid oily wastes should never be dumped on a landfill. Waste
can be treated with binding agents such as lime with additives to render it more
suitable to serve as filling material;
- groundwater should regularly be checked for contamination.
Chemical Wastes (MARPOL 73/78 Annex II)
The industry for which the cargo is shipped generally has the best facilities to dispose
/recycle chemical wastes, resulting from the tank washing of their chemical carriers.
Chemicals which can neither be discharged into the sea nor be treated biologically or
chemically will have to be disposed of in another way:
Incineration
- preferred option as it converts wastes into harmless substances and substantially
reduces the waste volume;
- certain components in the waste will require special techniques, leading to higher
incineration costs eg the presence of chlorine, sulphur, sodium, potassium, PCBs,
volatile metals, and brine wastes.
Landfill Storage
- May require extra provisions which are dependent on percolation behaviour of the
waste and its hazardous characteristics.
Garbage (MARPOL 73/78 Annex V)
The disposal of garbage is very closely linked with the municipal disposal system and
should be incorporated into this.
Garbage received in a reception installation in a port will generally be transported to a
shore waste disposal facility unless possibilities for recycling exist - the reception
installation for Annex V type wastes serves as a link between the ships and the land
disposal systems.
Some wastes e.g. quarantined wastes may not be easily transportable to normal land
disposal systems and may require special provisions. Source: IMO Manual

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OPERATING STANDARDS RELATING TO MAINTENANCE, CLEAN OUT


DURATION, CLEANING MATERIAL etc

1. In order to plan waste disposal in Ports, it is important that advance notification is


received as to when wastes a particular ship will want to discharge in the Port.

2. Whenever possible, waste should be delivered while the ship does other gainful
activities such as loading or unloading.

3. The management of Port reception facilities should keep records of all inadequacies
occurring during operation of the facilities e.g. occurrence of waste spills during
discharge, adequacy of waste reception procedure.

4. When discharging waste to Port reception facilities the operation must not lead to
unsafe situations. Safety regulations for the discharge of waste should be based on
national legislation, international conventions and recommendations, accepted
industry standards and guidelines and safe practices.
Source: IMO Manual

Other methods that could be included in the management plan to ensure integrated operation
and management include instructions/directions for clients and visitors. Typical instructions
should include as appropriate, equivalent statements to the following:

all waste oil is to be placed or pumped as appropriate into the waste oil receptacles or
tanks;
all oily waters are to be placed or pumped as appropriate into the oily waste reception
facility;
all noxious liquid substances (MARPOL 73/78 Annex II wastes) are to be deposited
in the facilities provided;
sewage (MARPOL 73/78 Annex IV wastes) from holding tanks or waste sludges from
biological treatment systems are to be pumped out into the sewage disposal system;
sewage wastes from chemical toilets are to be disposed of in the designated trough;
all garbage (MARPOL 73/78 Annex V wastes) shall be disposed of in the appropriate
recycling bins or waste containers provided;
all quarantine wastes are to be placed in the receptacles that are permanently marked
with the word Quarantine; and
during transfer of wastes to reception facilities, all spills and leakages must be
reported and action taken immediately the incident occurs, to prevent the continuance
of the spill or leakage and initiate clean up of the spill or leakage.

In many situations, especially at larger ports and specialist docks, detailed requirements
specific to the site will need to be developed, supplied and posted as appropriate for staff and
clients.

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The management plan will have a major focus on waste management and should incorporate
the following:

delegation of the responsible person for waste management within the facility
records of the quantity and nature of each waste received and method of tracking to
approved disposal
the current method of disposal of each waste
the proposed methods of treatment or disposal if improvements are required
the expected reduction in quantity of waste produced through waste minimisation and
cleaner production
the provision to carry out a waste audit within 2 years of implementation of the plan
and thereafter every 3 years
contingency plan to cope with incidents
a revision for the plan at specified intervals or on an as required basis should the plan
be found to be lacking in any way.

TYPICAL MARINA AGREEMENT OR BERTH CONTRACT CONDITIONS


Typical clauses regarding waste management for insertion in a Marina
Agreement for berthing a vessel, follow:

1. Refuse, garbage, plastic bags, boxes, beverage containers and papers


must not be thrown overboard, but should be placed in the rubbish and
recycling receptacles provided. If the refuse items are too large, the
management will advise or assist in arranging for their disposal.
2. Toilets on boats are not to be used under any conditions unless
provisions exist for pumping out sewage stored in tanks via a sewage
pump out facility.
3. Oil, spirit, flammables and oily bilge waters may not be discharged into
Marina waters. Waste oils and oily waters must be disposed of in the
receptacles provided.
Source: A Queensland Marina Agreement

As part of the Management Plan, appropriate training programmes will need to be developed,
including training and education of all personnel involved with the management and handling
of waste within the facility. These should be implemented at the start of the use of the
facility, employment of new staff, on a regular basis as a refresher course and at the
implementation of new procedures or equipment. Access to the training program should also
be made available to Clients.

In addition, each facility should have appropriate procedures and equipment for emergency
response and cleanup. Such procedures should be site specific and cater for incidents such as
solid waste spillage and liquid waste leaks. This may need to involve appropriate authorities
such as environment protection authorities and fire brigades. Appropriate protective clothing
should be provided for handling wastes. These should be stored in an accessible location
with suitable signage highlighting the location and correct method of use.

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The waste management plan should also outline an implementation strategy for how the
availability and proper use of the facilities will be communicated to the facility users. Such
methods will include information on the type, location and rules controlling the operation of
the facility being readily available to staff and clients of a facility. This can be in the form of
signs, leaflets or equivalent or combinations of any of these as suitable for the facility.

All facilities should have adequate signs which will give the following information:

i) advice at all points of initial vessel contact on the waste reception services available;
ii) direction to receptacle or disposal point location;
iii) labelling of all receptacles and disposal points as to the wastes to be deposited;
iv) contact numbers for waste contractor services at disposal point or receptacle; and
v) emergency procedures for the containment and cleanup of spills as appropriate.

These signs should be incorporated into the design phase of the project. Good design such as
height, use of symbols, general consistency and good location, is essential to maximise
effectiveness. If not in existence, or inadequate at an existing facility, additional signs should
be added.

Notices, signs and checklists should be provided to each waste reception facility in
appropriate languages and with appropriate international symbols.

5.9 Consultation

The aim of good consultation is to provide interested groups and the wider community with
information on the project being planned, to identify matters of concern or interest to these
groups, and to identify a number of solutions to meet their concerns or interests. Good
consultation should ensure that no major concerns or matters arise at the approval stage that
have not already been identified and addressed in some way. Provision of draft reports and
summaries of investigations to Key interest groups (where appropriate) may also facilitate
consultation and assist with the approval process.

The consultation methods used will be determined by a number of factors including:

the nature and scale of the project;


any statutory or legislative requirements;
the expectations and availability of the Key interest Groups; and
the timeframes and budgets available.

There are a wide range of consultation methods with varying levels of effectiveness. The
most acceptable methods of consultation (depending on the Key interest group to be
consulted) include:

meetings - public and/or private;


written correspondence through letter or fax;
verbal through telephone; and
establishment of working groups.

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Other methods that could be used to ensure wider comment is gained (where required)
include:

surveys and questionaries (postal and street corner);


public workshops;
advertising through a range of media; and
marketing campaigns.

5.10 Finalising Design and Management Plan

The final design of the facilities and the management plan should incorporate any matters
raised through consultation. It is important to be able to demonstrate at the approval stage
how matters raised by the Key interest groups have been addressed through either changes in
the design or through intended management policies and procedures. The inclusion of design
changes to accommodate matters should facilitate a quicker approval process. Finalising of
the design and management plan may include the preparation of supporting documentation
that outlines the matters raised, options considered, and logic behind the final design and
management plan.

5.11 Drafting and Lodging Applications for Approval

To avoid delays at the approval stage, all approvals required for the project, and the inclusion
of the supporting information required by consenting authorities, should be included with
applications as they are drafted and lodged. A good understanding of the consenting
authoritys operating procedures, and the procedures prescribed in the legislation, will also
assist applicants to provide adequate application. Depending on the scale of the project being
proposed, providing drafts of summaries of investigations and the application documents to
be lodged to the consenting authorities (where appropriate) is a good way to keep them well
informed of progress, and will allow them to identify any gaps or concerns at an early stage.

5.12 Construction and Commissioning

Construction should only begin when all requirements have been considered, the design has
been completed and approvals obtained from licensing and approval authorities. Some
construction may be phased, with augmentation of the facility by addition of treatment or
handling systems for additional waste streams. It is essential that each phase be planned and
designed adequately prior to initiation of construction.

The operator training sessions and commissioning should be planned so that the waste
management system is fully operational from the start of business of a new facility or
augmentation of an existing facility.

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SUMMARY

BEST PRACTICE GUIDELINES


PLANNING AND DESIGN OF SERVICES

Issues requiring attention by suitably qualified persons prior to building a waste reception
facility:

Adequacy - ability to receive garbage, waste oils and any other wastes as appropriate
Undue delay - facilities should be able to receive wastes while other port functions are
occurring

Planning Process
1. Scoping - consideration of the following from the technical, operational, financial,
environmental, economic, and socio-cultural perspectives: port, vessel and waste
characteristics; hazard and waste risk assessment; Occupational Health & Safety,
environmental, emergency and cleanup requirements; signs, documentation,
legislation; approvals; Environmental Impact Statement.
2. Design
Location of Facilities - Fixed, Mobile (Barges or Land-based Vehicle)
Facility Standards
Capacity of facility
Types of Waste and reception facilities
Quarantine Wastes - containment, segregation and labelling
Liquid Wastes - containment, type, access, treatment, air quality, vessel connection
Solid Wastes - containment, access, appropriate receptacles, collection frequency
3. Management Plan - incorporating Waste Management Plan
Methods of disposal of different types of waste
Operating Standards
Marina Agreements regarding waste management
Emergency response plans - procedures and equipment
Protocol for contractor selection
Training
Signs and other information
Conditions on approvals
4. Consultation - information provision to interested and affected groups
5. Planning Approvals- understand consenting authorities and legislative procedures.
Keep authorities informed of investigations.
6. Construction - after approvals received and provision for augmentation addressed
7. Commissioning - after training and Operation & Maintenance manual available

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6. BEST PRACTICE GUIDELINES - OPERATION OF SERVICES

6.1 Waste Management Procedures

6.1.1 Management Plan


As described in 5.6.1 and 5.6.2, it is essential that an overall management plan exists for the
port, marina or boat harbour. This should include a section on environmental management
and waste management.
6.1.2 Quarantine Waste
The following principles are recommended for the storage and handling of quarantine wastes:

on board vessels, quarantine waste should be stored in watertight, durable and vermin
proof containers with lids designed to be easily used to fill, empty and clean. The use of an
internal plastic bag will facilitate the removal and containment of the waste;

the containers are not to be multipurpose. Once used for quarantine waste, a container
must be cleaned before use for general waste;

at reception facilities, quarantine waste may be stored provided the storage area is secured
and the containers are permanently marked and securely covered and bunded to effectively
prevent spillage or access by birds or animals;

the quarantine waste may only be removed to an approved quarantine waste disposal area
by a contractor who has been authorised by the Chief Quarantine Officer of that state; and

records of type and quantity of quarantine waste should be kept as specified by legislation
and reflected in the Waste Management Plan.

6.1.3 Non-quarantine Waste


The waste management hierarchy as detailed in Section 4.1 should be adhered to both by the
clients and the providers. The provision of suitable receptacles compatible with the waste
type and quantity, needs to be considered carefully at each facility. If on operation of the
facility, these needs are found to be inadequate or inappropriate, augmentation of the facility
will be necessary.

6.2 Documentation
Documentation should where necessary include the following:

facility waste management procedures;


records of wastes received by facility;
records of wastes treated by facility;
records of waste removed by contractors and method of treatment and disposal;
maintenance procedures; and
cleaning procedures, including frequency and cleaning agents.

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A cradle-to-grave system of notification allows the tracking of a waste from its collection
from the waste producer to its final disposal or reuse. This is more commonly implemented
by authorities. A number of Australian states have implemented or are about to implement
waste tracking systems. The facility should encourage such systems and interface in wherever
possible with appropriate documentation.

With the introduction of shipboard waste management plans and record books it is possible to
ensure that wastes on large vessels are being managed appropriately.

6.3 Training
All relevant staff and those using a facility for the first time, should be trained in the purpose
and operation of the system and the relevant equipment. Clients also should be informed
about the purpose and use of the facilities.

All relevant staff should undergo revision training on the operation of the waste management
system and the facility, as part of a formal training schedule. This training should be provided
to a wide cross-section of shore terminal and port/boat harbour personnel. Training should
include the fundamentals of piping, pumping, tank arrangements, tank cleaning methods and
constraints, facility operation, monitoring and emergency response procedures. Personnel
using a facility should not only monitor its output performance, but also the proper function
of the facility being aware of its operating capacity, so that overloads resulting in incidents
causing potential environmental harm, do not occur.

A general environmental awareness of all associated with a facility, should be undertaken by


staff and contractors, including being made aware of the penalties for infringement imposed
by the facility or regulating authorities.

All contractors coming onto the site need to be made aware of management and safety
requirements while on the site.

Assistance should be sought especially in relation to updating knowledge base with new
developments from bodies such as United Nations Environment Programme (UNEP), the
technical development services of IMO, environment protection authorities, transport
departments and associations connected with maritime issues. In particular, information
should be sought on waste reception facilities in other ports and countries in the region.

Shore personnel should be made very aware of hazards related to certain types of vessels and
cargoes. They can be assisted by reference to the latest edition of ISGOTT, the
International Safety Guide for Oil Tankers and Terminals, if they work in terminals handling
petroleum products.

Information about MARPOL 73/78 and its Annexes is readily available from AMSA for
terminal, port, boat harbour and marina operators.

Ships agents and Organizations such as boat and fishing clubs, should be made aware not
only by information sheets but also by familiarisation visits to reception facilities.

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6.4 Operation and Maintenance


A number of procedural matters should be implemented as part of the operation of the
reception facilities and these should be an integral part of the management plan.

These are as follows:

an operations and maintenance manual for the system and the machinery incorporated into
the system should be in an accessible location. This may be an integral part of the overall
management plan;
a capable manager should be assigned the responsibility for waste management with
adequate and trained staff to implement the waste management plan;
All personnel involved with the management and operation of the facility should be
trained in all aspects of the facility;
appropriate protective clothing and equipment should be provided for staff handling
wastes;
signs, notices and checklists should be provided at each waste reception facility in
appropriate languages and with appropriate international symbols;
the facility should be maintained in a functional manner so that it operates at the required
standard at all times;
the plant and its operation, including its throughput, should be monitored to ensure that it
is maintained and used in a satisfactory manner and the facility is being used in the most
efficient manner; and
a constant review of the facility, its standard of discharges, throughputs and administration
should be carried out.

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BOATING INDUSTRY ASSOCIATION


EXTRACTS FROM CODE OF PRACTICE

AIMS & OBJECTIVES OF THE CODE OF PRACTICE


Clause 1.2.9 - To promote effective and practical management procedures which will
mitigate any harmful environmental effects.

MEMBERS OBLIGATIONS
Clause 2.1.17 - Implement and maintain a Management Plan and Work Practices, to
ensure safety, as well as to prevent adverse environmental impacts.

Clause 2.1.18 - Conduct business in a manner conducive to protecting the environment


in which the member and its customers operate.

MARINA OPERATORS ADDITIONAL OBLIGATIONS


Clause 5.2.1 - Waste control
i) Direct marina patrons as to the proper disposal of sewage, galley waste and other
liquid materials (fuel, oil, bilge) through the use of signs, printed regulations, by-
laws and other means.
ii) Encourage patrons to use onshore or mobile pumping stations, holding tanks or
porta-potties to keep sewage out of the water.
iii) Implement a strict no discharge in Marina policy and inspection programme.
iv) Direct marina patrons to the litter and recycling facilities.
v) Incorporate traps, bunds or other controls to prevent litter, drainage and other
pollutants coming from slipways, hardstand areas and car parks, from reaching the
waterways. Clean traps and other devices regularly to ensure effectiveness.

6.5 Waste Transfer Timing


The provisions of MARPOL 73/78 state that disposal of wastes should not cause undue
delay. Management procedures should facilitate the discharge of residues, mixtures and all
types of wastes without causing undue delay to ships and boats. Recommended procedures
could include:

i) detailed communication between shore and ship possibly through ships agents if the
vessel is a commercial, large ship;
ii) persons in charge of vessels advising the shore of the nature and quantities of substances
intended to be discharged;
iii)persons in charge of vessels advising the shore of the intended activities, for example,
cargo handling and berthing arrangements for the vessel, so that the reception facility can
plan for reception without causing undue delay to the vessel;
iv) detailed procedures and checklists should be drawn up for each waste reception facility to
receive wastes as early as practicable from the vessel; and
v) adequate training and delegation of authority to operators to ensure that formalities are
kept to a minimum and operations are carried out as simply and efficiently as practicable
to avoid undue delay to vessels while still controlling the waste reception in a suitable
manner.

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Best Practice Guidelines for the Provision of Waste Reception Facilities
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6.6 Emergency Response


At any waste reception facility emergency response procedures and equipment should be
readily available to all operators and clients for implementation in a prompt manner.

SUMMARY

BEST PRACTICE GUIDELINES


OPERATION OF SERVICES

Management Plan incorporating Waste Management section in place


Domestic and quarantine wastes to be treated separately
Operational requirements: Operation & Maintenance Manual; Responsible manager with
adequate staff; Appropriate protective clothing; Suitable signage visible
Documentation in place to record quantity, type, source and destination of waste and
incidents
Adequate training for all operators and users
Waste transfer from vessels to reception facility at and in optimum time
Emergency response procedures and equipment in readiness
Regular review of waste reception operation

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7. AVAILABILITY OF RECEPTION FACILITIES

7.1 Commercial Ports


The Australian Maritime Safety Authority (AMSA) has produced a booklet entitled Waste
Reception Facilities in Australian Ports which summarises the waste reception available at
each of the commercial ports in Australia. The booklet also provides contact details for the
relevant regulatory authority and where relevant, waste collection contractors. The booklet is
updated annually and is obtainable from AMSA. A copy of the booklet is provided at
Appendix B.

7.2 Small Boat Harbours and Marinas


A comprehensive summary of the waste reception facilities available at marinas and boat
harbours is not available at this time. However, all information in this regard which was
available at the time of publication has been included in Appendix C. For an up to date
report on available facilities in a particular state or region, the reader should contact the state
marine or waterways authority. Contact details for all of these Organizations in Australia and
New Zealand are provided in Appendix D.

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8. REFERENCES
The prime reference is the International Maritime Organization Comprehensive Manual on
Port Reception Facilities, International Maritime Organization, London, 1995. (Available
from Boat Books in capital cities) Other key references include state legislation, regulations
and guidelines.

ANZECC (1996) Working together to reduce impacts from shipping: ANZECC strategy to
protect the marine environment. Volumes 1, 2 and 3. AGPS, Canberra.

ANZECC (1996) Survey of Waste Reception Facilities in Australian Ports, Boat harbours
and Marinas: Main Report and Appendices, ANZECC Working Group on Waste
Management from Shipping and Boating.

ANZECC (1996) Survey of Waste Reception Facilities in Australian Ports, Boat harbours
and Marinas: Summary Report. ANZECC Working Group on Waste Management from
Shipping and Boating.

ANZECC (1996) The Australian Marine Debris Status Review - Main Report and
Appendices. ANZECC Working Party on Marine Debris.

ANZECC (1996) The Australian Marine Debris Status Review - Summary Report. ANZECC
Working Party on Marine Debris.

Australian Maritime Safety Authority (1996) Waste Reception Facilities in Australian Ports
April 1996, refer Appendix B.

Australian Quarantine and Inspection Service (undated) Quarantine Waste Management


Guidelines. Australian Quarantine and Inspection Service, refer Appendix E.

Boating Industry Association of Queensland (undated) Code of Practice. Boating Industry


Association of Queensland.

International Maritime Organization (1992) International Convention for the Prevention of


Pollution from Ships, 1973 and the Protocol of 1978 Relating to the International
Convention for the Prevention of Pollution from Ships, 1973. MARPOL 73/78
Consolidated Edition, 1991. International Maritime Organization, London

International Maritime Organization (1995) Comprehensive Manual on Port Reception


Facilities. International Maritime Organization, London.

New Zealand Fishing Industry, et al (1992) Code of Practice for Commercial and Non-
commercial Users of Fiordland. New Zealand.

New Zealand Fishing Industry, et al (1993) Code of Practice for Commercial Fishers in the
Hauraki Gulf. New Zealand.

Marina Association of NSW (undated) A Model for Marinas, Environmental Guidelines for
Marinas, Boat Servicing and Boat Owners. Boating Industry Association of NSW.

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Best Practice Guidelines for the Provision of Waste Reception Facilities
at Ports, Marinas and Boat harbours in Australia and New Zealand

NSW Environment Protection Authority, Draft Environmental Guidelines for (Private and
Commercial ) Marinas and Slipways, NSW Environment Protection Authority, 8
September 1995

Recfish Australia (1996) We fish for the Future - The National Code of Practice for
Recreational and Sport Fishing. Recfish Australia, Dickson, ACT.

White, M W D (1994) Marine Pollution Laws of the Australasian Region The Federation
Press Pty Ltd, Australia.

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9. ACKNOWLEDGMENTS
The following are acknowledged for support in the preparation of these Guidelines:
Association of Australian Ports and Marine Authorities
Australian Chamber of Shipping
Australian Maritime Safety Authority
Australian Ship Owners Association
Department of Environment, Queensland
Department of Environment and Land Management, Tasmania
Department of Lands, Planning and Environment, Northern Territory
Department of Transport, Queensland
Environment Australia, Environment Protection Group (Commonwealth)
Environment Protection Authority, New South Wales
Environment Protection Authority, South Australia
Environment Protection Authority, Victoria
Great Barrier Reef Marine Park Authority
Local Government Association
Marina Association of NSW
Ministry of Environment, New Zealand
New Zealand Maritime Safety Authority
Office of Waste Management, Western Australia
Royal Australian Navy
The Queensland Port Authorities Association

Consultative Group - Sydney


Andrew Gilbert, Sydney Harbour Recycling Services
Erik Lielkajis, Australian Quarantine and Inspection Service
Glen Mathias, Office of Ports Policy, New South Wales
Hugh Shanks, New South Wales Marine Association
Kevin Davis, Sydney Ports Corporation
Kathy Ridge, Oceanwatch (Commercial Fisherman of NSW)
Kushy Athureliya, Australian Chamber of Shipping
Shane Hobday, Sydney Ports Corporation

Consultative Group - Brisbane


Barry McIntosh, Queensland Sport and Recreational Fishing Council
Ed Boast, Queensland Small Craft Council
Glen Allan, Runaway Bay Marina, Queensland
Helen Akee, Department of Transport, Townsville, Queensland, (Indigenous peoples)
Mark Pattemore, Redland Shire Council, Queensland
Ross Worral, Port of Brisbane Corporation
Stephen Tapsall, Queensland Commercial Fishermens Organization
Steve Price, Gold Coast City Council, Queensland
Steven Raaymakers, Queensland Ports Corporation

Consultants
The staff of Normarine Services Pty Ltd, Queensland
The staff of Tonkin Taylor Ltd, New Zealand
The staff of Hyder Environmental Pty Ltd, Australia

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Best Practice Guidelines for the Provision of Waste Reception Facilities
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10. GLOSSARY
Annex An Annex to MARPOL 73/78 containing regulations for the prevention of
pollution by various sources of pollution.
Annex I Oil
Annex II Noxious liquid substances carried in bulk
Annex III Harmful substances carried in packaged form (this does not need
reception services or facilities)
Annex IV Sewage (not yet in force internationally)
Annex V Garbage

Adequate The nature of the facility will depend on the type of terminal and the nature
facilities of the use of the terminal by visiting ships.

ANZECC Australian and New Zealand Environment and Conservation Council, made
up of the Environment and Conservation Ministers of the Commonwealth
of Australia, its States and Territories and New Zealand.

AQIS Australian Quarantine and Inspection Service

Baseline the lowest astronomical tide along the coast but it includes straight lines
enclosing bays and indentations that are not bays and straight baselines that
depart from the coastline

Cargo The loading, discharging and transferring of cargo.


handling

Cargo Record This is a document that is carried and maintained on ships that carry oil and
Book noxious liquid substances in bulk as cargo. The book needs to be completed
on a tank-to-tank basis when various operations take place in the ship.
These specified operations include disposal of residues to reception
facilities ashore.

Crude oil A naturally occurring petroleum liquid consisting mainly of different types
of hydrocarbons and containing varying proportions of other substances;
unrefined petroleum.

Draft The distance between the waterline and the keel of the vessel.

Harmful These includes any substance which, if it introduced into the sea, is likely
substances to create hazards to human health, to harm living resources and marine life
and to damage amenities or to interfere with other proper uses of the sea.

Hazardous These are also harmful substances but are more dangerous because of their
substances toxicity, flammability, or other physical and chemical characteristics.

Hold sweepings The residues of dry cargo to be removed after normal discharge.

IMO International Maritime Organization.

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Best Practice Guidelines for the Provision of Waste Reception Facilities
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Manual Comprehensive Manual on Port Reception Facilities published by IMO


in 1995

MARPOL International Convention for the Prevention of Pollution from Ships 1973
73/78 as modified in 1978. This important international agreement regulates
operational discharges from ships and also obliges governments which
agree to the Convention to ensure that adequate waste reception facilities
are provided in ports, boat harbours and marinas and bulk liquid terminals.

Master The person in charge of a vessel.

MEPC Marine Environment Protection Committee of IMO

Noxious liquid A noxious substance is a substance which if discharged into the sea
substances would present a hazard to either marine resources or human health or cause
harm to amenities or other legitimate uses of the sea.

Oily mixtures A mixture with any oil content. See also Oily wastes.

Oily wastes Oily wastes are either undiluted oil or water from a ship that is
contaminated by oil. It can include waste from machinery spaces of ships
such as residues from fuel oils and lubricating oils and also oily water in
ships bilges. Oily wastes can also include contaminated ballast water and
water that has been used to wash tanks of tankers. Oily wastes can also
contain detergents and other chemical additives.

Petroleum Crude oil and liquid hydrocarbon products derived from it such as the
various types of fuel and diesel oils.

Reception Fundamentally a reception facility is any system or even any container that
facilities can receive ship-generated residues and mixtures containing oil, noxious
liquids, sewage and garbage.

Residue Any substance, for example a noxious liquid substance, that remains on
board the ship after discharge and/or washing and is to be disposed.

Ship This means a vessel of any type whatsoever operating in the marine
environment.

Ships Agent A person or business usually appointed by a ship owner or person in charge
of a ship to act on behalf of the ship in various matters in a port.

Slop tank A tank on a ship used to store oily waste for later environmentally
acceptable disposal.

Slops Residual oil which has been transferred to a collecting tank (a slop tank
on a ship). This is usually mixed with other recovered oils and/or water.

Sludge Residues from various oils and chemical cargoes after discharge and
sewage treatment systems.

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Tanker A ship designed to carry liquids in bulk, whether these liquids are
petroleum cargo, chemicals, agricultural oils or other liquids.

Terminal A place in a port where ships are berthed or moored for the purpose of
handling cargo or for other purposes such as bunkering or repairs.

Undue delay Undue delay occurs when a ship is unable to proceed because of formalities
or unavailability of reception facilities where the ship is berthed.

Waste This is a systematic approach of receiving and treatment of ship-generated


Management wastes.

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APPENDIX

International, Australian And New Zealand Legislation


The following discussion on marine pollution prevention conventions, acts and regulations is not
intended to be a comprehensive treatise on all legislation that could be relevant to the generation,
handling and disposal of wastes from vessels. The summary presented here is intended to provide
the reader with an overview of the main legislation, its context, and its particular relevance to the
planning, establishment and management of vessel waste reception facilities. Readers interested in
more detailed assessment of the legislation should refer to relevant summary publications such
those listed in the reference section of these Guidelines, or to the Conventions, Acts and
Regulations themselves.

A.1 International Conventions and Legislation

A.1.1 UNCLOS III

The United Nations Convention on the Law of the Sea in 1958 (UNCLOS I) and 1960 (UNCLOS
II) was upgraded in 1982 (UNCLOS III). UNCLOS III sets out a general obligation to protect and
preserve the marine environment, and take all measures necessary to ensure this where control
exists. The adoption of laws and regulations to reduce and control pollution of the marine
environment from vessels among other sources, gives Australia and New Zealand the powers to
prevent or reduce pollution from domestic and international vessels within their waters. Specific
reference to port waste reception facilities is not made.

A.1.2 MARPOL 73/78

Because of the international nature of the shipping industry, it has long been recognised that action to
improve maritime safety and prevent marine pollution is more effective if carried out at an
international level rather than by individual countries acting unilaterally and without co-ordination
with others. Accordingly, a conference held by the United Nations in 1948 adopted a Convention
establishing the International Maritime Organization (IMO) as the first international body devoted
exclusively to maritime matters.

IMO is a technical Organization and most of its work is carried out by a number of committees and
sub-committees. Of particular relevance in the context of the conventions relating to pollution from
ships is the Marine Environment Protection Committee (MEPC) which was established in November
1973. Since 1959, the IMO has promoted the adoption of some thirty conventions and protocols, and
adopted well in excess of 700 codes and recommendations concerning maritime safety, the prevention
of pollution and related matters.

The principal convention which deals with the operational disposal of wastes from ships is the
International Convention for the Prevention of Pollution from Ships 1973 (Amended 1978) known as
MARPOL 73/78. This Convention deals with all forms of waste disposal from ships except the
disposal of land generated wastes (eg dredge spoil) by dumping.

Acceptance of MARPOL 73/78 requires Parties to the Convention to co-operate in the detection of
any violations and to take action against violators. Penalties "shall be adequate in severity to
discourage violations". Ships may be inspected in the event of suspected discharges and incidents
involving harmful substances must be reported without delay.

MARPOL 73/78 comprises five technical Annexes as detailed below. The date each Annex entered
into force internationally is shown in brackets.

A1
International (cont.)

Annex I Regulations for the Prevention of Pollution by Oil (2 October 1983)

This Annex comprises 26 Regulations, including requirements related to design, survey and inspection
of ships, issue of an International Oil Pollution Prevention Certificate, oil discharge control and
monitoring, reception facilities, ballast tank operation, oil residue (sludge) tanks, maintenance of an
Oil Record Book, and shipboard oil spill emergency plans.

The Regulations which are particularly relevant to these Guidelines include:

Regulation 9, which restricts discharges of oil and oily mixtures to effluent containing no more
than 15 parts per million (ppm) oil. Residues which exceed this concentration must be retained
on board the ship or be discharged to reception facilities.

Regulation 12, which requires Parties to the Convention to ensure the provision of reception
facilities for oily mixtures at ports where ships have such wastes to discharge. The facilities
should be adequate to meet the needs of the ships using them without causing undue delay.

Regulation 20, which permits authorised officers to inspect the ship's Oil Record Book and the
International Oil Pollution Prevention Certificate.

Annex II Regulations for the Control of Pollution by Noxious Liquid Substances in Bulk (6
April 1987)

This Annex comprising 14 Regulations, details discharge criteria and measures to control pollution
from noxious liquids. Over 250 substances have been evaluated for the environmental hazard they
may cause if discharged into the sea. These substances are categorised in an International Bulk
Chemical Code. Discharge into the sea of the most harmful chemicals (Category A) is prohibited and
tank washings and other residues of less harmful substances (Categories B, C and D) may only be
discharged under certain conditions. There are some substances, eg., water, wine, acetone, ethyl
alcohol, for which no restrictions apply.

Regulations which are relevant to these Guidelines include:

Regulation 7, which details reception facilities and cargo unloading terminal arrangements.
Parties to the Convention must ensure the provision of facilities adequate for the reception of
residues and mixtures containing noxious liquid substances, particularly Category A tank
washings.

Regulation 8, which specifies measures of control. Any slops tank residues containing any
Category A substances must only be discharged at the reception facility.

Regulation 9, which requires the Cargo Record Book to be completed whenever any operation is
undertaken which could result in the discharge of noxious liquid substances, including during
disposal at reception facilities. Authorised officers may inspect any ship whilst it is in port to
check compliance with the Regulations, inspect the Cargo Record Book and check the
International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in
Bulk.

A2
International (cont.)

Noxious substances are divided into four categories as detailed in MARPOL 73/78, Annex II,
Appendices II and III.

Annex III Regulations for the Prevention of Pollution by Harmful Substances carried by sea
in Packaged Forms (1 July 1992)

This Annex is principally oriented towards prevention of pollution by regulating packaging, marking
and labelling and stowage.

The Regulations prohibit the discharge, by jettisoning, of such harmful substances except where the
safety of life or the ship is involved. There are no requirements for the provision of reception facilities
under this Annex..

Annex IV Regulations for the Prevention of Pollution by Sewage from Ships (yet to be
accepted internationally)

These Regulations prohibit the discharge of ship generated sewage unless it is treated with an
approved sewage treatment plant or is discharged at a certain distance from land. Exceptions to this
requirement include the situations where the ship is located in waters under the jurisdiction of a State
and is discharging sewage in accordance with less stringent requirements imposed by the state.

In addition to discharge requirements, Annex IV contains requirements relating to periodic surveys


and the issue of an International Sewage Pollution Certificate. Valid certificates must be carried on
board the ship and be produced on demand.

Regulations of this Annex which are particularly relevant to these Guidelines include:
Regulation 10, which requires Parties to the Convention to ensure the provision of facilities at
ports and terminals for the reception of sewage. The facilities must be adequate to meet the
needs of ships using them, without causing undue delay.
Regulation 11, which specifies standard discharge connections to ensure that reception facility
connection points and ship connection points are compatible.

Annex V Regulations for the Prevention of Pollution by Garbage from Ships (31 December
1988)

These Regulations state that garbage produced on board a ship, including food waste, dunnage,
packaging, etc, must be either kept on board and discharged ashore or discharged into the sea under
specific conditions, such as the distance from the nearest land. Discharge of all plastics is prohibited.
Regulation 7 of this Annex requires each Party to the Convention to ensure the provision of
facilities at ports and terminals for the reception of garbage. The facilities must be adequate for
the needs of ships using them without causing undue delay. Section 6 of the Annex includes
guidelines for the implementation of reception facilities.
From 1 July 1997, there will also be a Regulation (No. 9) requiring the display of placards
notifying crew and passengers of garbage disposal requirements, the carrying of a garbage
management plan and the maintenance of a Garbage Record Book with requirements similar to
those that apply to Annexes I and II.

Acceptance of MARPOL 73/78 requires acceptance of the Articles of MARPOL 73/78 and Annexes I
and II. Annexes III, IV and V are optional.

A3
International (cont.)

MARPOL 73/78 is only binding on countries which have adopted the provisions of MARPOL 73/78.
Ships registered in flag states which have adopted the provisions of MARPOL 73/78, are required to
comply with its provisions regardless of whether they are on the High Seas or within the Territorial
Seas of any nation.

Ships of flag states which are not signatories to MARPOL 73/78 are only required to comply with the
provisions of MARPOL 73/78 when visiting a country which has implemented complementary
national or state legislation which would apply within their Territorial Seas or exclusive economic
zone. This is known as Port State Control.

A.1.3 SPREP

The Convention for the Protection of the Natural Resources and Environment of the South Pacific
Region of 1986 (SPREP) covers pollution from vessels and disposal of wastes relative to the marine
environment in the South Pacific Region. Specific reference to port waste reception facilities is not
made.

A1.4 Torres Strait Treaty

The Torres Strait Treaty Article 13, Protection of the Maritime Environment, addresses Australias
and Papua New Guineas (the signatories) responsibility to take legislative and other measures
necessary to protect and preserve the marine environment in, and in the vicinity of, the Torres Strait
Protected Zone. These measures for the prevention and control of pollution or other damage shall
include measures to minimise to the fullest practicable extent:

a) the release of toxic, harmful or noxious substances from land-based sources, from rivers or
through the atmosphere, or by dumping at sea;
b) pollution or other damage from vessels; and
c) pollution or other damage from installations and devices used in the exploration and exploitation
of the natural resources of the seabed and subsoil thereof.

Measures taken must be consistent with obligations under international law. Consultation between
parties is necessary to harmonise policies and coordinate implementation of measures.

A4
New Zealand (cont.)

A.2 Australian Legislation

A.2.1 Commonwealth

Australia is a full member of the IMO and a signatory to MARPOL 73/78 Annexes I, II, III and V.
Australias jurisdiction and marine environmental responsibilities extends to the economic exclusion
zone (EEZ), 200 nautical miles (nm) offshore from Australian territory and beyond the 200 nm EEZ
where the continental shelf (as defined in Article 76 of the 1982 Convention of the Law of the Sea)
extends to the edge of the physical continental shelf. The shelf covers the continental margin (if any)
to a point 350 nm from the baseline or 100 nm from the 2,500 metre isobath, which ever is the greater.
Australias territory includes seven external territories:
a) the Coral Sea Island Territory
b) Norfolk Island
c) the Australian Antarctic Territory
d) Heard and the Macdonald Islands
e) Christmas Island
f) Cocos (Keeling) Island
g) Ashmore Island and
h) Cartier Island.

In Australian territorial seas, the Protection of the Sea (Prevention of Pollution from Ships) Act, 1983,
gives effect to the core provisions of MARPOL 73/78. The provisions of this Act dealing with
Harmful Substances and Sewage (Annexes III & IV) have yet to be proclaimed.

MARPOL 73/78 and corresponding Federal/State legislation requires on-board treatment facilities for
sewage and garbage(ie. incinerators) to be designed, operated and maintained in accordance with
specified requirements. Approved facilities for on-board incinerators are addressed in the Quarantine
Act.

Part II of the Protection of the Sea Act provides for penalties to be levied for discharges of oil, oil
residues, or oily mixtures which contravene the Act. If convicted, the maximum fines under this Act
are $1M for corporations (eg ship owner) and $200,000 for individuals (eg ship's master). The Act
also provides penalties for other contraventions including failure to report a discharge, failure to
properly maintain an Oil Record Book, and false entries in the Oil Record Book.

Part III of the Act provides for similar penalties to be levied for discharges of noxious liquid
substances, packaged harmful substances, sewage and garbage, and contravention of provisions related
to these substances. Both the master of the ship and the owner of the ship are liable to conviction in all
cases.

The Act provides that authorised inspectors may board any ship within Australian Waters to:
inspect and test any machinery or equipment of the ship;
open and inspect any hold, bunker, tank, compartment, or receptacle on the ship;
require the master of the ship to produce any documents or record books required by the Act (eg
Oil Record Book);
make copies of or take extracts from any such documents or records;
examine and take samples of any substances on board the ship; and
require any person to answer questions.

A5
New Zealand (cont.)

The Quarantine Act 1908, contains provisions which prohibit, among other matters, the introduction
into Australia, except with the consent of the Director of Quarantine or in accordance with the Act or
Regulations "all disease germs, microbes and disease agents and all cultures, viruses, or substances or
articles containing or likely to contain any disease germs, microbes or disease agents". Thus the
provisions of the Quarantine Act are the basis for controls on the storage, movement and disposal of
garbage, dunnage, or other wastes which have been onboard a vessel that has arrived in Australia from
a place outside Australia.
A Chief Quarantine Officer has the power to delegate the disposal of material in a specified method.
State legislation has been implemented to control vessel sewage discharges in the Port of Sydney and
the discharge of garbage and other refuse at sea is covered by the provisions of MARPOL 73/78 and
the complementary Commonwealth and State Legislation.

The Great Barrier Reef Marine Park Act 1975 (GBRMPA) makes provision for and in relation to
the establishment, control, care and development of a marine park in the Great Barrier Reef Region.
In Subsection 38J, GBRMPA prohibits discharge of waste in the Marine Park except in the
following circumstances:
a) discharge is for the purpose of scientific research or is sewage and is authorised by a permission
that is granted under the regulations
b) sewage where the vessel does not contain a storage tank of a kind designed for the storage of
human waste
c) sewage where a vessel contains a sewage storage tank and the vessel is more than 500 metres
seawards from the seaward edge of the nearest reef
d) fresh fish or parts of fresh fish if the fish were caught within the marine park
e) discharge was for the purpose of securing the safety of the vessel or for the purpose of saving life
at sea
f) discharge was for the purpose of combating specific incidents of pollution and was approved by
a prescribed officer
g) waste that escaped as a result of unintentional damage to the vessel
h) accidental loss of fishing equipment and netting or material for the repair of netting where all
precautions were made to prevent the loss

Wastes are defined in GBRMPA as those under the Protection of the Sea (Prevention of Pollution
from Ships) Act, 1983, oil mixtures with an oil content greater than 15 parts per million and other
matter declared by regulation. No other matter has been regulated as waste as of June 1996.

A.3 Australian State and Territory Legislation

As described in Schedule 2 to the Petroleum (Submerged Lands) Act 1967, the coastal waters of a
States (or Territories) is described as the first 3 nautical miles of the Territorial Sea from the
baseline and any waters that are inside the baseline and not within the limits of the State. In 1979
the State and Commonwealth Governments came to an arrangement known as the Offshore
Constitutional Settlement (OCS) This arrangement resulted in the general application of State law
to the 3 nm distance seaward from the baseline. In some cases not relevant to this document State
jurisdiction extends to 200 nm. The Commonwealth has jurisdiction over the balance of the
Territorial Seas. As a result, most of the Commonwealth legislation related to pollution from ships
contains provisions allowing the individual States to make legislation regarding their territorial
seas. The following is relevant Australian State and Territory legislation.

A6
New Zealand (cont.)

State and local governments generally determine regional and local requirements regarding the
discharge of wastes. In some regions, the discharge of specific wastes (eg sewage) may be
prohibited into receiving waterways resulting in facilities having to be provided to receive these
wastes for disposal on shore.

A.3.1 New South Wales

The New South Wales legislation that is directly relevant for the control of wastes from shipping is:

Clean Waters Act 1970


Environmental Offences and Penalties Act 1989
Marine Pollution Act 1987
Maritime Services Act 1935
Management of Waters and Waterside Lands Regulations 1972
Pollution Control Act 1970
Waste Minimisation and Management Act 1995

Other legislation that may impact on various aspects of ship waste management is:

Local Government Act 1993

The NSW Act which implements the key provisions of Annexes I and II of MARPOL 73/78 is the
Marine Pollution Act, 1987. The Act does not contain provisions regarding the other Annexes of
MARPOL 73/78 so the Commonwealth legislation and MARPOL 73/78 applies in respect of these, ie.
Annexes III, IV and V.

The Marine Pollution Act also provides for penalties to be levied for breaches of the Act.

In accordance with Section 45 of the Act, the Minister may provide, arrange for the provision of, or
direct the provision of reception facilities. The Minister may serve a notice on any oil terminal, oil
depot, ship repair yard, or any other facility involving the loading or unloading of oil or liquid
substances in bulk, or involving the disposal of oily wastes or liquid substances, requiring the owner
or occupier to provide reception facilities for the wastes. The notice can require the owner or occupier
to maintain the facilities in good order and make them available to ships requiring such facilities.

Under the Clean Waters Act it is an offence to pollute waters or permit any waters to be polluted. The
definition of waters includes tidal waters and the definition of pollute is the introduction of any refuse,
litter, debris or other matter " that makes the waters detrimental to the health, safety, welfare or
property of any persons or interferes with the exercise or enjoyment of any right in relation to the
waters ". The Act contains provisions which give the state environmental and marine authorities
power to direct any statutory authority or local authority to clean up the pollution and recover costs
from the polluter.

The Environmental Offences and Penalties Act enables the enforcement of penalties for offences
spread across a range of state pollution laws including the Clean Waters Act. Offences are classified in
three tiers ranging from on the spot fines to $1,000,000 or jail terms for serious offences.

The Maritime Services Act gives the Minister the power to prevent, prohibit or regulate anything
likely to cause the pollution of navigable waters and within three nautical miles of the coast and to

A7
New Zealand (cont.)

prescribe equipment to be installed to prevent such pollution. The Management of Waters and
Waterside Lands Regulations under the Maritime Services Act, make it an offence for vessels to
discharge toilet or galley waste in Sydney Harbour unless the vessel has an Environment Protection
Authority licence to do so. The Regulations also require vessels built after 1 July 1992, if using
Sydney Harbour, to have holding tanks fitted.

The Regulations also require marinas that have nine or more berths in Sydney Harbour to provide
waste collection facilities or come to an agreement with the Waterways Authority over the collection
and disposal of such waste. These Regulations also prohibit the disposal of any refuse, rubbish or
putrescible matter on any managed land, wharf, building, structure or in any enclosed waters.

The Management of Waters and Waterside Lands Regulations also specify minimum criteria related
to the design, operation and maintenance of sewage holding tanks and treatment systems. However,
these regulations are intended to apply to recreational and commercial vessels on Sydney Harbour and
the Murray River rather than ocean going vessels.

Whilst the Australian Government must ensure the provision of vessel waste reception facilities at
Australian ports none of the above legislation requires the operator of the port to own or operate
collection and reception facilities. However, facilities are provided by the private sector to
accommodate the collection, treatment and disposal of liquid wastes and garbage as described in
Section 4.

A.3.2 Northern Territory

The Northern Territory legislation that is directly relevant for the control of wastes from shipping
is:

Darwin Port Authority Act 1983


Prevention of Pollution of Waters by Oil Act 1962

Other legislation that may impact on various aspects of ship waste management is:

Fisheries Act 1982


Litter Act 1972
Marine Act 1981
Petroleum (Submerged Lands Act) 1982
Water Act 1992
Water Supply and Sewage Act 1988

The Darwin Port Authority Act provides for the control of the management and disposal of solid
wastes.

It is noted that legislation concerning marine pollution is being developed and is programmed to be
completed in early 1997.

A8
New Zealand (cont.)

A..3.3 Queensland

The Queensland legislation that is directly relevant for the control of wastes from shipping is:
Environmental Protection Act 1994 and Regulations 1995
Transport Operations (Marine Pollution) Act and Regulations 1995
Marine Parks Act 1982, 1988 and Regulations and Order
Local Government (Planning & Environment) Act 1990, Regulations and Rules of Court

The Environmental Protection Act 1994 makes no specific reference to waste from shipping and
boating but regulations require licensing for ports, marinas and boat building or repair facilities.
Licensing is also required for a waste disposal facility, incineration facility, waste transfer facility,
regulated waste storage (including oil, oil water emulsions and mixtures, paint sludges and residues,
petroleum tank sludges), waste recycling facility or waste treatment facility. An approval may also
be required from the local government under s 118B..

The Transport Operations (Marine Pollution) Act 1995 prime purposes are: to protect the marine
and coastal environment by minimising deliberate and negligent discharges of ship-sourced
pollutants into coastal waters; and give effect to Annexes I, II, III and V of MARPOL 73/78. These
purposes are achieved by: providing a complementary approach to that of the Commonwealth and
other States; making provision about the discharge of sewage from ships; giving power to deal with
shipping casualties that are polluting, or threatening to pollute, coastal waters; enhancing industry
and community awareness of the effects of ship-sourced pollution on the marine and coastal
environment; and, providing for the imposition of severe penalties on persons who pollute the
marine or coastal environment. Transport Operations (Marine Pollution) Act 1995 gives
government power to check that records are kept to validate the acceptable disposal of residues (oil,
noxious liquids, sewage and garbage) from ships.

Transport Operations (Marine Pollution) Act 1995 prohibits the disposal of the following into
coastal waters:
oil
garbage
harmful substances
noxious liquid substances
sewage
Under Part 7 of Transport Operations (Marine Pollution) Act 1995 vessels over 10 metres must be
fitted with onboard holding tanks for sewage for new vessels from 1 January 1996 and existing
vessels after 1 January 2000.

Part 10 of Transport Operations (Marine Pollution) Act 1995 enables government to issue a
directive to establish or have established by an owner or occupier of a port, terminal or
establishment, reception facilities for the reception or disposal of residues of ships as well as
maintain the facility to enable ships to dispose of residues.

The Marine Parks Act does not make any specific reference to waste or reception facilities but does
restrict activities in specified areas.

A9
New Zealand (cont.)

The Local Government (Planning & Environment) Act does not make specific reference to waste or
reception facilities but does gives power to government to determine landuse by zoning and hence
can determine if a waste storage, treatment or disposal facility can be operated on a particular site.

A.3.4 South Australia

The South Australia legislation that is directly relevant for the control of wastes from shipping is:
Pollution of Waters by Oil & Noxious Substances Act 1987
Harbors and Navigation Act 1993
Environment Protection Act 1993

Other legislation that may impact on various aspects of ship waste management is:

Public and Environmental Health Act 1987


Water Resources Act 1990
South Australian Ports Corporation Act 1994

The Pollution of Waters by Oil and Noxious Substances Act implements the key provisions of
Annexes I and II of MARPOL 73/78 but not the provisions regarding Annexes III, IV and V of
MARPOL 73/78. The Act relates to the protection of the sea and certain waters from pollution by
oil and other noxious substances. It also provides for penalties of up to $200,000 for individuals and
$1,000,000 for corporations for contravention of the Act.

The Harbors and Navigation Act provides provisions to regulate the management of harbours,
provide special provisions for the storage of dangerous goods, restrict or prohibit the discharge of
pollutants into waters or depositing of waste in the vicinity of land or other structure in the harbour.
The Act lists 31 South Australian harbours to which it applies.

The Environment Protection Act states that a person must not undertake an activity that pollutes, or
might pollute, the environment unless the person takes all reasonable and practicable measures to
prevent or minimise any resulting environmental harm. Schedule 1 of the Act provides a list of
activities that are considered environmentally significant and anyone undertaking one of these
activities must be authorised in the form of a license under the Act. Prescribed activities of
environmental significance include maritime construction works, waste treatment and disposal,
sewage treatment works or septic tank effluent disposal schemes and waste or recycling depots.

Operators of marinas are required (under draft codes of practice) to submit a waste management
plan to the SA EPA and on approval become licensed with the EPA.

The Public and Environmental Health Act provides penalties for persons who discharge waste into
a public place or who pollutes a water supply.

The Water Resources Act aims to maintain water quality and preserve wetlands and other
ecosystems. Part 5 provides penalties for the disposal or escape of unauthorised material into
surface or underground water

The South Australian Ports Corporation Act provides the South Australian Ports Corporation with
the right to restrict the use of port waters by regulating the entry of vessels, the operation or use of
vessels and aquatic activities. The Act also provides the Corporation with the right to require

A10
New Zealand (cont.)

persons who have deposited any substance or thing that pollutes the waters within a Corporation
port, to take action as specified to remove the substance or thing to mitigate the consequences of the
pollution.

A.3.5 Tasmania

The Tasmanian legislation that is directly relevant for the control of wastes from shipping is:

Environmental Management and Pollution Act 1987


Marine Act 1976
Pollution of Waters by Oil & Noxious Substances Act 1987

The Environmental Management and Pollution Act has among others, the objectives relative to the
resource management and planning system:

a) to promote the sustainable development of natural and physical resources and the maintenance of
ecological process and genetic diversity; and
b) to provide for the fair, orderly and sustainable use and development of air, land and water; and
c) to facilitate economic development in accordance with the objectives set out in paragraphs (a),
(b) and (c); and
d) to promote the sharing of responsibility for resource management and planning between the
different spheres of Government, the community and industry in the State.

Under this Act it is possible to make provision of reception facilities a condition of development
approval for new marinas. Ports are excluded from the provisions of Schedule II of the Act and
hence the above objectives do not apply to ports.

The Pollution of Waters by Oil and Noxious Substances Act incorporates only Annexes I and II of
MARPOL 73/78 with no specific reference to reception facilities. Proposed amendments should
incorporate Annexes III and V, and possibly IV for probable enforcement by mid 1997.

The Marine Act makes specific reference to the handling and disposal of refuse from overseas
vessels at declared overseas terminals. This is primarily for quarantine purposes and not for general
waste disposal application. Refuse is not defined but is unlikely to be seen to include anything but
general garbage.

A.3.6 Victoria

The Victorian legislation affecting environmental quality of marine waters and hence the control of
wastes from shipping includes:

Environment Protection Act 1970


Catchment and Land Protection Act 1994
Coastal Management Act 1995
Pollution of Water by Oil and Noxious Substances Act 1986
Marine Act 1988
Land Conservation Act 1970
Environment Effects Act 1978
Planning and Environment Act 1987

A11
New Zealand (cont.)

Fisheries Act 1995.

Victoria's environment protection system is based on the Environment Protection Act 1970. The
Act establishes a number of instruments to prevent pollution and minimise environmental risks
arising from waste production. These include State environment protection policy (SEPP) which
are statutory policy instruments for a specified part of the environment that:
identify the beneficial uses of the environment that are to be protected,
state environmental quality indicators and objectives to protect beneficial uses, and
describe the program by which the environmental quality objectives are to be attained.
SEPP provides a context for environmental decision-making and a clear set of publicly agreed
environmental objectives that all sections of the community must work together to achieve.

The Environment Protection Act provides for the licensing of premises that have actual or potential
discharges to the environment. Premises that require licensing are scheduled under the
Environment Protection (Scheduled premises and exemptions) Regulations. Marinas, ports and
boat harbours are not listed as schedule premises. However, licensing would be required if such
premises were to have on-site waste treatment or disposal facilities.

The Catchment and Land Protection Act 1994 establishes a framework for the integrated
management and protection of catchments that encourages community participation in the
management of land and water resources. The objectives of the Catchment and Land Protection
Act include the maintenance and long-term enhancement of land productivity while also conserving
the environment to ensure that the quality of the State's land and water resources and their
associated plant and animal life are maintained and enhanced.

The Coastal Management Act 1995 establishes a framework for the strategic planning and
management of Victorias coast and provides for a co-ordinated approach to the use and
development of coastal Crown land. The objectives of the Act are:
(a) to plan for and manage the use of Victoria's coastal resources on a sustainable basis for
recreation, conservation, tourism, commerce and similar uses in appropriate areas;
(b) to protect and maintain areas of environmental significance on the coast including its
ecological, geomorphological, geological, cultural and landscape features;
(c) to facilitate the development of a range of facilities for improved recreation and tourism;
(d) to maintain and improve coastal water quality;
(e) to improve public awareness and understanding of the coast and to involve the public in
coastal planning and management.

Victorias Fisheries Act 1995 provides for integrated and innovative approaches to the management
of fisheries. The objectives of the Act include the protection and conservation of fisheries
resources, habitats and ecosystems including the maintenance of aquatic ecological processes and
genetic diversity.

The Environment Protection Act, the Catchment and Land Protection Act and the Coastal
Management Act operate in conjunction with a range of other legislation that also affect the
management and quality of Victorias natural resources (eg Water Act 1989, Planning and
Environment Act 1987, Fisheries Act 1995, Petroleum (Submerged Lands) Act 1982). Under the
Environment Effects Act 1978 all public works that may have an effect on the environment require
an Environment Effects Statement to be submitted and assessed. The Planning and Environment

A12
New Zealand (cont.)

Act 1987 establishes a framework for planning the use, development and protection of land in
Victoria in the present and long-term interests of all Victorians.

The Pollution of Water by Oil and Noxious Substances Act 1986 and the Marine Act 1988 protect
the sea and certain waters from pollution by oil and other noxious substances and enacts the
MARPOL convention in Victoria. These Acts primarily addresses shipping based sources of
pollution and complement other State legislation that deal with land based sources of marine
pollution.

The Land Conservation Act 1970 establishes a process for strategic planning of public land use,
including coastal waters, in Victoria operating through the Land Conservation Council.

The Flora and Fauna Guarantee Act 1988 seeks to address threatening processes, such as pollution,
and threatened species in order to ensure the continuing survival of Victorias biodiversity.

A..3.7 Western Australia

The Western Australian legislation that is directly relevant for the control of wastes from shipping
is:

Albany Port Authority Act 1926


Dampier Port Authority Act 1985
Environmental Protection Act 1986
Fremantle Port Authority Act 1902
Geraldton Port Authority Act 1968
Marine and Harbours Act 1981
Pollution of Waters by Oil and Noxious Substances Act 1987
Port Headland Port Authority Act 1970

Other legislation that may impact on various aspects of ship waste management is:

Health Act 1911


Local Government Act 1960
Litter Act 1979

The Environment Protection Act has provisions dealing with solid waste disposal.

The Marine and Harbours Act controls the dumping and discharge of wastes and ballast form
vessels.

The Heath Act provides for the preservation of public health concerning waste disposal.

The various port authority acts all contain provisions regulating the discharge of wastes and ballast
into the waters under their jurisdiction.

A.4 New Zealand Legislation

A.4.1 National

A13
New Zealand (cont.)

New Zealand is a full member of IMO and is a signatory to MARPOL 73/78. New Zealand is
currently putting measures in place to enforce MARPOL 73/78 through Marine Protection Rules
that govern discharges of oil and noxious liquids substances in waters within New Zealands
jurisdiction to the 200 nautical mile limit, and Regulations to govern discharges inside the 12 mile
limit. Once approved, these Rules and Regulations will allow the Government to ratify the Articles
of MARPOL 73/78 and Annexes I and II immediately, and in time, with further work on
enforcement provisions, adopt Annexes III, IV and V.

New Zealand has two key Acts that provide administering authorities with guidance and powers to
address marine pollution and reception facility matters.

The Maritime Transport Act 1994 among other purposes, has as its aims relative to reception
facilities:
protect the marine environment;
enables New Zealand to implement international maritime agreement obligations; and to
continue/enable New Zealand to implement international convention obligations relating to
pollution of the marine environment.

The Maritime Transport Act 1994 is administered by the Ministry of Transport, which contacts the
Maritime Safety Authority to carry out the bulk of the operational activities. The Maritime
Transport Act 1994 has a primary focus on maritime transport, activity, safety, marine pollution, oil
spill response and the protection of marine environment. It provides for the preparation of Marine
Protection Rules and Regulations by the Maritime Safety Authority. The Maritime Transport Act
1994 also provides for the Director of Maritime Safety to require reception facilities with
subsequent penalties for non-compliance.

The Resource Management Act 1991 promotes the sustainable management of natural and physical
resources. Administered by the Ministry for the Environment, the Resource Management Act 1991
gives the responsibility for managing resources and their use to local authorities. It provides a
number of mechanisms to deal with the control of discharges from ships and offshore installations
within the 12 mile territorial sea limit, and for reception facility provision including:

The New Zealand Coastal Policy prepared by the Minister of Conservation;


Regional Policy Statement, Regional Coastal Plan and Regional Plans prepared by Regional
Councils;
Regulations controlling discharges from ships and offshore installations and marine dumping of
wastes, prepared by the Minister for the Environment;
Regional/District Councils preparing Rules;
Conditions placed on councils for activities being carried out in coastal marine area.

The Resource Management Amendment Act 1994 enables Government to repeal the current
Resource Management Act 1991 restrictions on controlling discharge from foreign ships and to
introduce specific restrictions relating to marine pollution.

New Zealand has a number of other Acts which complement the above two key Acts.
The Local Government Amendment (No.4) to the Local Government Act 1974 gives a territorial
authority the duty to encourage efficient waste management and to adopt a Waste Management
Plan. This plan is to make provision for the collection and reduction, reuse, recycling, recovery,
treatment, or disposal of waste in the district. This district is given the responsibility for waste

A14
New Zealand (cont.)

disposal facilities within or beyond the district, amongst a range of other functions relating to waste
management. The amendment also gives a role to the Medical Officer of Health regarding
collection and disposal systems, and the power for territorial authorities to prepare bylaws.

The Territorial Sea and Exclusive Economic Zone Act 1977 provides for the Governor-General of
New Zealand to make regulations ... Prescribing measures for the protection and preservation of
the marine environment. In addition, a breach of any regulation is a criminal offence with fines up
to $10,000.

The purpose of the Biosecurity Act 1993 is to restate and reform the law relating to the exclusion,
eradication and effective management of pests and unwanted organisms. The Act has relevance to
marine pollution in terms of the introduction of organisms that may affect the marine environment
and the need to quarantine risk goods such as agricultural substances. In some particular port
locations there may be a need to provide appropriate Reception Facilities to collect and dispose of
risk goods and quarantine disposals.

The Environment Act 1986 defines pollution and places a function on the Ministry for the
Environment (among other things) to advise the Minister on all aspects of environmental
management and provide advice on pollution control and the coordination of the management of
pollutants in the environment.

The Marine Pollution Act 1974 was repealed by s481 of the Marine Pollution Act 1974 but every
Order in Council and Regulation made under that Act continues until revoked. Certain parts of the
Marine Pollution Act 1974 also remain in force until Marine Protection Rules made under the
Marine Pollution Act 1974 have been promulgated. There are marine pollution bylaws that remain
in existence until revoked by the Maritime Safety Authority Rules.

Similar to the Marine Pollution Act 1974, parts of the Harbours Act 1950 have been repealed by
the Resource Management Act 1991 and Maritime Transport Act 1994. The bylaws relating to
dumping of contaminants within territorial waters s232 (36) are amended by s477 of Maritime
Transport Act 1994. These bylaws exist until 1998 but bylaw making powers are now contained in
the Maritime Transport Act 1994.

New Zealands three tier system of government splits the responsibility of managing marine
pollution. The overall responsibility to address marine pollution lies with the Minister of Transport,
Minister for the Environment and Minister of Conservation with implementation of these
responsibilities delegated to a number of agencies through the above Acts.

A.4.2 Regional and District

A Regional Council has the responsibility to prepare a Regional Policy Statement, a Regional
Coastal Plan and Regional Plans to implement statutory Government policy. It also has
responsibility for preparing Regional Rules in its plans and issuing Resource Consents for activities
in the coastal marine area.

A District Council has the responsibility to prepare a District Plan to assist with the implementation
of regional policy and plans. It prepares District Rules and issues Resource Consents for activities
within its district.

A15
New Zealand (cont.)

The New Zealand Coastal Policy Statement (NZCPS) has been prepared by the Department of
Conservation and approved by the Minister of Conservation. The purpose of this policy statement
is to guide regional and district councils in their day to day management of the coastal environment.

The relevant policies relate to matters to be included in a Regional Coastal Plan and address
limiting of adverse environmental effects from vessel waste disposal or maintenance. The NZCPS
requires:

adequate and convenient rubbish disposal facilities in ports, marinas and other such busy
areas;
the provision of facilities for the collection and appropriate disposal of residues from vessel
maintenance;
all new ports and marinas to provide adequate and convenient facilities to collect sewage
from boats;
encouragement of those in charge of vessels to discharge sewage and rubbish into collection
facilities;
regional coastal policies and plans to consider a minimum distance off-shore within which
sewage should not be discharged from vessels, and to the prohibition of the discharge of non-
biodegradable rubbish into the sea;
for vessels to be able to take and use sea water for normal operation and fire fighting.

The NZCPS also indicates guidelines will be issued identifying how international obligations will
be carried out.

The Regional Policy Statement is a tool to implement the New Zealand Coastal Policy Statement. It
identifies policies and methods to deal with matters including the discharge of contaminants into or
onto water and discharges of water into water, the avoidance of effects of activities on the
environment, the maintenance and enhancement of water in coastal waters and waste management.
A Regional Coastal Policy can include Regional Rules which can relate to water quality, discharges
of contaminants into water or on land, the provision of waste reception facilities and the need for
sewage reception facilities to be included in new developments.

District Plans where applicable can similarly regulate the provision of waste reception facilities.
Waste management plans and bylaws as provided for in the Local Government Amendment No.4
provides district councils with the ability to collect and dispose of district waste in an efficient and
integrated manner. This could include the provision of reception facilities for ship waste in ports,
marinas and boat harbours.

Regional or District Council when considering Resource Consent Applications can require the
provision of waste reception facilities at new marinas and boat harbours.

Regulations under the Resource Management Act 1991 address the control of discharges of oil and
noxious liquid substances and the prevention of pollution by garbage and sewage from ships.

Marine Protection Rules under the Maritime Transport Act 1994, set the standards for the provision
of port reception facilities for oil and noxious liquid substances. These rules include:
the required facilities for ports generally, oil cargo loading ports, ports unloading high density
oils, ports with ship repair yards and tank cleaning facilities, dry cargo terminals used by
combination carriers and ports handling ships proceeding to or from Antarctica.

A16
New Zealand (cont.)

the required facilities for the reception of Noxious Liquid Substances


Unloading port arrangements for Noxious Liquid Substances

A17
New Zealand (cont.)

A.5 Overview of the Waste Management Framework in Australia and New Zealand

MARPOL

COMPREHENSIVE MANUAL ON PORT RECEPTION FACILITIES


-International Maritime Organisation-

ANZECC Strategy to Protect the Marine Environment

Best Practice Guidelines for the Provision of Waste Reception Facilities


at Ports, Marinas and Boat Harbours in Australia and New Zealand
-ANZECC-

AUSTRALIA NEW ZEALAND

Commonwealth Government Central Government

Protection of the Sea (Prevention of Pollution from Ships) Local Government Act 1974
Act 1983
Quarantine Act 1908 Resource Management Act 1991

Great Barrier Marine Park Act 1975 New Zealand Coastal Policy Statement

National Waste Minimisation and Recycling Strategy Other Legislation

ANZECC Strategy to Protect the Marine Environment Regional Councils

State Government Regional Policy Statement

State Environment Protection Legislation Regional Coastal Plan

State Waste Minimisation and Recycling Policy Regional Plans

State Environment Protection Policy District Councils

Licensing / approvals District Plans


Various State Legilation
Waste Management Plan
Local Government
Ports, Marinas, Boat Harbours
Municipal Waste Disposal System
Port Management Plan
Ports, Marinas, Boat Harbours

Port Management Plan


Waste Management Plan

Waste Management Plan

Figure A.1 - Schematic diagram of legislative, statutory and policy arrangements for waste management at
ports, marinas and Boat Harbours.

E1

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