New South Wales Consolidated Acts

MARINE POLLUTION ACT 2012 - SECT 152

152 Requirement for sewage pollution prevention certificate

(1) The master of a prescribed ship must not begin a voyage unless--

(a) there is a sewage pollution prevention certificate in force for the ship, and

(b) the sewage pollution prevention certificate complies with--

(i) the condition imposed by Regulation 4.7 of Annex IV of MARPOL, or

(ii) the conditions, if any, prescribed by the regulations.

: 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) there is a sewage pollution prevention certificate in force for the ship, and

(b) the sewage pollution prevention certificate complies with--

(i) the condition imposed by Regulation 4.7 of Annex IV of MARPOL, or

(ii) the conditions, if any, prescribed by the regulations.

: 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 sewage pollution prevention 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) a large ship on an overseas voyage, or

(b) a vessel required to carry a sewage pollution prevention certificate under the laws of another State or the Northern Territory, or

(c) a ship prescribed by the regulations for the purposes of this section.

"sewage pollution prevention certificate" means--

(a) if the prescribed ship is either a vessel on an overseas voyage with a gross tonnage of 400 or more or a vessel with a gross tonnage of less than 400 that is certified to carry more than 15 persons--an International Sewage Pollution Prevention Certificate issued--

(i) under section 132 of the Navigation Act 2012 of the Commonwealth, or

(ii) to a foreign ship under section 319 of the Navigation Act 2012 of the Commonwealth, or

(iii) to a foreign ship under the law of a country other than Australia giving effect to Regulation 5 of Annex IV of MARPOL, or

(iv) to an Australian ship under the law of a country other than Australia giving effect to Regulation 6 of Annex IV of MARPOL, or

(b) if the prescribed ship is on an voyage, other than an overseas voyage, and is a vessel under the jurisdiction of another State or the Northern Territory that is required to carry a sewage pollution prevention certificate under the laws of the other jurisdiction--a sewage pollution prevention certificate issued under a law of the jurisdiction of another State or the Northern Territory, prescribed by the regulations as being a sewage pollution prevention certificate, or

(c) for a vessel prescribed in the regulations for the purposes of this section that is not a vessel specified in paragraphs (a) or (b)--a certificate issued in accordance with the regulations.

Editor's note : See Reg 5 of Annex IV of MARPOL.