New South Wales Consolidated Acts

MARINE POLLUTION ACT 2012 - SECT 71

71 Discharge of prescribed marine pollutant from apparatus on a place on land used in transfer operation prohibited

(cf former Act s 27)

(1) A person must not deliberately, recklessly or negligently cause a prescribed marine pollutant to be discharged from an apparatus on a place on land in, or in connection with, a transfer operation.

Maximum penalty:

(a) in the case of an individual--$500,000, or

(b) in the case of a corporation--$10,000,000.

(2) Each of the prescribed persons in relation to a transfer operation is guilty of an offence if any prescribed marine pollutant is discharged from any apparatus on a place on land used in, or in connection with, a transfer operation, whether or not it is being so used.

Maximum penalty:

(a) in the case of an individual--$500,000, or

(b) in the case of a corporation--$10,000,000.

(3) In this section:

"prescribed person" means any of the following:

(a) the occupier of the land,

(b) the owner of the apparatus,

(c) the person in charge of the apparatus.