New South Wales Consolidated Acts

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MARINE POLLUTION ACT 2012 - SECT 151

Requirement for chemical tanker construction certificate

151 Requirement for chemical tanker construction certificate

(Reg 9.1 of Annex II of MARPOL) (cf former Act s 44)

(1) The master of a prescribed ship must not begin a voyage unless there is a chemical tanker 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 chemical tanker 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 chemical tanker construction certificate is in force must ensure that the certificate is carried on board the ship.
Maximum penalty: $1,100.
(4) In this section:

"chemical tanker construction certificate" means:
(a) a NSW chemical tanker construction certificate, or
(b) a chemical tanker construction certificate issued under section 267Q of the Navigation Act 1912 of the Commonwealth, or
(c) a chemical tanker construction certificate issued under a law of another State or the Northern Territory and being a certificate of a kind prescribed by the regulations as acceptable for the purposes of this Part, or
(d) an International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk issued to a foreign ship under section 267R of the Navigation Act 1912 of the Commonwealth.

"prescribed ship" means:
(a) a trading ship proceeding on an intra-state voyage, or
(b) an Australian fishing vessel proceeding on a voyage other than an overseas voyage, or
(c) a pleasure vessel,
that is:
(d) carrying noxious liquid substances in bulk, and
(e) engaged in a voyage to a port or terminal in the State.



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