New South Wales Consolidated Acts

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MARINE POLLUTION ACT 2012 - SECT 30

Causing discharge of noxious liquid substances into State waters from ship prohibited

30 Causing discharge of noxious liquid substances into State waters from ship prohibited

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

(1) A crew member of a ship that is subject to a chemical tanker construction certificate certifying the ship to carry noxious liquid substances in bulk is guilty of an offence if the crew member's act causes any noxious liquid substance to be discharged from the ship into State waters.
Maximum penalty: $500,000.
(2) A person involved in the operation or maintenance of a ship that is subject to a chemical tanker construction certificate certifying the ship to carry noxious liquid substances in bulk is guilty of an offence if the person's act causes any noxious liquid substance to be 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.
(3) 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, and
(iii) the crew member or person involved in the operation or maintenance of the ship committed an act that caused the discharge, 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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