New South Wales Consolidated Acts

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MARINE POLLUTION ACT 2012 - SECT 45

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

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.



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