NSW boaters face slightly tougher marine pollution measures
Changes to the wastewater rules that cover recreational boaters make it easier for regulators to actNSW recreational boaters who discharge wastewater over the side can now be directed to go back to their home marina under changes rolled out to the marine laws covering sewage discharge.
Under the changes to the NSW Marine Pollution Act 2022 introduced last month, NSW boating safety officers can now tell recreational boaters to stop something leaking from a boat, including wastewater and fuel, or if they believe the leak can’t be stopped, order them back to home base.
Anyone who doesn’t obey the boating safety officer’s direction can be hit with a $11,000 fine.
It may not end there either, with recreational boaters now liable for an extra $11,000 hit to the hip pocket if their leaky system is inspected and either something is broken or poorly maintained, or modified so that sewage can be dumped in the water.
Sewage is considered to be any waste product dumped into a black water tank such as a holding tank used for toilets, or grey water tank if it includes food scraps, such as dishwashing water.
The rules differ greatly between recreational boats and commercial vessels, the latter of which now need to certify their waste systems with a NSW Sewage Pollution Prevention Certificate to show that their onboard systems are up to scratch.
Another new requirement is that recreational boats of more than 24 metres in length – basically superyachts, so don’t worry too much about this one – will need to be insured against the accidental discharge of oils such as diesel fuel.
The Boating Industry Association welcomed the extension of the exception to recreational boats needing to have their sewage systems certified, saying it reduced the red tape burden on pleasure boat owners.
The act was shaped to regulate where and when boats, mostly visiting ships, can discharge marine pollution including sewage – the stuff that goes into a boat’s black water tank and grey water such as discharge from washing machines and sinks.
The certificate also spells out that the commercial boat’s owner must:
- Maintain any toilet, holding tank, greywater tank and associated fittings on the vessel in good condition
- Develop a maintenance plan for the equipment and fittings and record any maintenance for the sewage system
- Maintain sewage pump-out records
- Never allow any holding tank on the vessel or other part or fitting of the sewage system to be modified or removed unless consent is obtained from Transport for NSW Maritime
- Vessels fitted with an onboard class-certified sewage treatment system must not discharge within any no-discharge zone. The sewage system must be maintained in good condition and must not exceed the maximum treatment capacity as specified by the manufacturer
- All untreated sewage should be disposed of in a waste collection facility, or by an environment protection licence issued under the Protection of the Environment Operations Act 1997
Recreational boat owners can call in and use a series of pump-out facilities throughout NSW to empty their tanks.
In 2021, the NSW Government expanded the NSW Marine Pollution Act 2012 to include more recreational boats after recognising that excluding them from marine pollution guidelines was inequitable given that some pleasure boats were as large as commercial vessels and had the same capacity to pollute.
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