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Protection of the Environment Operations (Clean Air) Amendment (Cruise Ships) Regulation 2015, published 4 September 2015, will require cruise ships to use low sulfur fuel while berthed in Sydney Harbour (from 1 October 2015) and at any place within the boundaries of Sydney Harbour (when not berthed) from 1 July 2016.


Additionally the regulation provides for the following:

(a) requiring fuel suppliers to provide the masters of cruise ships with certain documents and fuel samples relating to the refuelling of those ships;
(b) providing that masters and owners of cruise ships must keep certain log books and other documents relating to fuels;
(c) requiring appropriate persons to be available to answer questions and provide information about a cruise ship’s fuel systems and engines while it is berthed in port;
(d) enabling the Environment Protection Authority to approve alternative methods for a cruise ship to achieve low sulfur oxides and particulate matter emissions instead of using low sulfur fuel;

(e) providing for certain defences, exemptions and exceptions to these requirements to use low sulfur fuel;


(f) prescribing certain offences relating to these obligations and requirements as penalty notice offences;
(g) enabling a penalty notice that relates to an offence that applies to a master of a vessel to be served by leaving it on, or attaching it to, the vessel or leaving it with the person having command or charge of the vessel for the time being; and
(h) providing for appeals to the Land and Environment Court against certain decisions of the Environment Protection Authority regarding certain exemptions and approvals.

Matthews Folbigg Lawyers, Parramatta, provide specialist Environmental Legal Services and are able to advise in relation to Environmental Law in Sydney. Call an expert Environmental Lawyer today on 1800 300 308 to discuss the impact of this amendment on Environmental Law.