Australia

Australia New South Wales pollution regulations

P&I cover

All vessels are required to have insurance cover for oil spills. If evidence of insurance is not provided on demand such as a P&I entry certificate, the master and owner are automatically guilty of an offence and may be fined up to A$55,000/US$27,000 for the master and A$110,000/YUS$55,000 for the owner.

It is important for owners to provide on the vessel an original P&I entry certificate on board the vessel 'prior' to the vessel entering Australian waters. A copy of the P&I certificate may not be acceptable and it is useful for the P&I certificate to state the limit of liability for oil pollution claims.

It is also important to be aware that if owners and masters are fined due to not being able to provide sufficient evidence of oil pollution cover such as a P&I entry certificate, such fines would not be covered under the P&I cover on the basis such a requirement ought to be well known to the owner and non compliance is attributable to lack of owner's personal diligence.

Increased fines and responsibility for spill

On 1 November 2002 the New South Wales State Government confirmed maximum fines for oil pollution are increased to A$500,000/US$250,000 for individuals and A$10/us$5 million for corporations.

If environmental damage is caused, additional fines can be sought.

Strict liability is imposed on owners, master and crew.