New South Wales Consolidated Acts

MARINE POLLUTION ACT 2012 - SECT 32

32 Defence if discharge was caused by damage to ship or equipment

Division 2 does not apply to the discharge of a noxious liquid substance from a ship if--

(a) the noxious liquid substance escaped from the ship in consequence of unavoidable damage to the ship or its equipment, and

(b) all reasonable precautions were taken after the occurrence of the damage or the discovery of the discharge for the purpose of preventing or minimising the escape of the noxious liquid substance.

Editor's note : See Reg 3.1.2 of Annex II of MARPOL.