New South Wales Consolidated Acts

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MARINE POLLUTION ACT 2012 - SECT 29

Discharging noxious liquid substances into State waters from ship prohibited

29 Discharging noxious liquid substances into State waters from ship prohibited

(Reg 13 of Annex II of MARPOL) (cf former Act s 18 (1))

(1) The master and the owner of a ship that is subject to a chemical tanker construction certificate certifying the ship to carry noxious liquid substances in bulk are each guilty of an offence if any noxious liquid substance is discharged from the ship into State waters.
Maximum penalty:
(a) in the case of an individual--$500,000, or
(b) in the case of a corporation--$10,000,000.
(2) In proceedings for an offence against this section in relation to a ship:
(a) it is sufficient for the prosecution to allege and prove that:
(i) the ship was a ship subject to a chemical tanker construction certificate certifying the ship to carry noxious liquid substances in bulk, and
(ii) a noxious liquid substance was discharged from the ship into State waters, but
(b) it is a defence if it is proved that, by virtue of Division 3, this section does not apply in relation to the discharge.



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