New South Wales Consolidated Acts

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MARINE POLLUTION ACT 2012 - SECT 150

Requirement for ship construction certificate

150 Requirement for ship construction certificate

(1) The master of a prescribed ship must not begin a voyage unless there is a ship construction certificate in force in respect of the ship.
: Maximum penalty--$11,000 or imprisonment for 4 years, or both.
(2) The owner of a prescribed ship must not permit the ship to begin a voyage unless a ship construction certificate is in force in respect of the ship.
: Maximum penalty--
(a) in the case of an individual--$11,000 or imprisonment for 4 years, or both, or
(b) in the case of a corporation--$55,000.
(3) The owner of a prescribed ship in respect of which a ship construction certificate is in force must ensure that the certificate is carried on board the ship.
: Maximum penalty--$1,100.
(4) In this section--

"prescribed ship" means a ship--
(a) that is--
(i) an oil tanker that has a gross tonnage of 150 or more, or
(ii) a ship, other than an oil tanker, that has a gross tonnage of 400 or more, and
(b) engaged in voyages to ports or offshore terminals under the jurisdiction of other Parties to MARPOL.

"ship construction certificate" means--
(a) an International Oil Pollution Prevention Certificate issued under section 132 of the Navigation Act 2012 of the Commonwealth, or
(b) a ship construction certificate issued under a law of another State or the Northern Territory that is a certificate of a kind prescribed by the regulations as acceptable for the purposes of this Part, or
(c) an International Oil Pollution Prevention Certificate issued to--
(i) a foreign ship under section 319 of the Navigation Act 2012 of the Commonwealth, or
(ii) a foreign ship under the law of a country other than Australia giving effect to Regulation 7 of Annex I of MARPOL, or
(iii) an Australian ship under the law of a country other than Australia giving effect to Regulation 8 of Annex I of MARPOL.
Editor's note : See Chapter 2 of Annex I of MARPOL.



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