New South Wales Consolidated Acts

MARINE POLLUTION ACT 2012 - SECT 13

13 Discharge outside State waters that enters State waters

(1) The discharge of a marine pollutant onto or into any land or waters, or any structure or thing, that occurs outside State waters is, for the purposes of this Act, taken to be a discharge into State waters of the marine pollutant if the whole or any part of the marine pollutant enters any State waters.

(2) The discharge is taken to happen when the discharged marine pollutant enters State waters.

(3) Despite subsections (1) and (2), a person is not liable to prosecution for an offence under this Act if--

(a) the discharge of a marine pollutant occurs and is taken to be a discharge of the marine pollutant into State waters by operation of this section, and

(b) a provision of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 of the Commonwealth applies to the discharge giving effect to the following regulations of MARPOL--

(i) for the discharge of oil or oily mixtures from the cargo area of an oil tanker--Regulation 34 of Annex I of MARPOL,

(ii) for the discharge of Category X substances--Regulations 13.2.1 and 13.6.1 of Annex II of MARPOL,

(iii) for the discharge of Category Y substances and Category Z substances from ships constructed on or after 1 January 2007--Regulations 13.2.1 and 13.7.1 of Annex II of MARPOL,

(iv) for the discharge of Category Z substances from ships constructed before 1 January 2007--Regulations 13.2.1 and 13.2.2 of Annex II of MARPOL,

(v) for the discharge of comminuted and disinfected sewage--Regulation 11.1.1 of Annex IV of MARPOL,

(vi) for the discharge of sewage that is not comminuted or disinfected--Regulation 11.1.1 of Annex IV of MARPOL,

(vii) for the discharge of comminuted or ground food waste--Regulation 4.1.1 of Annex V of MARPOL,

(viii) for the discharge of food waste that is not comminuted or ground--Regulation 4.1.2 of Annex V of MARPOL,

(ix) for the discharge of cargo residues that cannot be recovered using commonly available methods for unloading--Regulation 4.1.3 of Annex V of MARPOL,

(x) for the discharge of animal carcasses--Regulation 4.1.4 of Annex V of MARPOL,

(xi) for the discharge of cleaning agents or additives contained in cargo hold, deck and external surfaces wash water--Regulation 4.2 of Annex V of MARPOL,

(xii) for the discharge of garbage from fixed or floating platforms or other ships when alongside or within 500 metres of a fixed or floating platform--Regulation 5 of Annex V of MARPOL.