New South Wales Consolidated Acts

MARINE POLLUTION ACT 2012 - SECT 45

45 Jettisoning of harmful substances in packaged form into State waters from ship prohibited

(Reg 7.1 of Annex III of MARPOL)

(1) The master and the owner of a ship are each guilty of an offence if a harmful substance in packaged form carried on the ship is jettisoned from the ship into State waters.

Maximum penalty:

(a) in the case of an individual--$55,000, or

(b) in the case of a corporation--$275,000.

(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 a harmful substance in packaged form was jettisoned 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 jettisoning.