New South Wales Consolidated Acts

MARINE POLLUTION ACT 2012 - SECT 63

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

Division 1 does not apply to the discharge of garbage from a ship if--

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

(b) all reasonable precautions were taken before and after the occurrence of the damage for the purpose of preventing or minimising the escape of the garbage.

Editor's note : See Reg 7.1.2 of Annex V of MARPOL.