According to peak body Shipping Australia the Maritime Legislation Amendment Bill, introduced in Federal Parliament in January, closed a loophole in the original legislation that was intended to ensure Australia’s compliance with international obligations under MARPOL. 

However, it had the unintended consequence of rendering inoperable the NSW Government’s regulations for the use of low-sulphur fuel (0.1 per cent or less), introduced in October 2015 largely as a result of complaints from residents of harbourside suburbs living near Sydney’s White Bay cruise ship terminal. 

The NSW Environment Protection Authority fined Carnival Australia A$15,000 earlier this year after finding P&O Cruises’ PACIFIC JEWEL had breached the limits during a turnaround in February this year. Carnival has appealed the finding, which it claimed was due to a technicality, and the penalty. The EPA said it had issued cautions to three other ships and their operators.

NSW had proposed to this year extend the regulation to other ports in the state favoured by cruise lines, including Newcastle and Eden. 

The just-re-elected national Coalition Government says it will now work with State and Territory governments to harmonise environmental measures. Carnival and Royal Caribbean have indicated they will voluntarily continue to meet the low-sulphur limits in Sydney.