New South Wales Consolidated Acts

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MARINE POLLUTION ACT 2012 - SECT 74

Transfer of prescribed marine pollutant at night

74 Transfer of prescribed marine pollutant at night

(cf former Act s 32)

(1) The master and the owner of a ship in State waters are each guilty of an offence if a prescribed marine pollutant is transferred from the ship between sunset and sunrise and:
(a) prior written notice of the transfer has not been given to the harbour master or other person in charge of the waters or the Minister, or
(b) permission in writing has not been obtained from the harbour master or other person, or
(c) the pollutant is transferred in contravention of a condition attached to a permission.
Maximum penalty: $55,000.
(2) The occupier of land from which a prescribed marine pollutant is transferred to a ship in State waters, or to which a prescribed marine pollutant is transferred from a ship in State waters, is guilty of an offence if a prescribed marine pollutant is transferred to or from the ship between sunset and sunrise and:
(a) prior written notice of the transfer has not been given to the harbour master or other person in charge of the waters or the Minister, or
(b) permission in writing has not been obtained from the harbour master or other person, or
(c) the pollutant is transferred in contravention of a condition attached to a permission.
Maximum penalty: $55,000.
(3) In the case of a transfer to be carried out at a place where transfers are frequently and regularly carried out:
(a) the notice may be a general notice that transfers will be carried out within a period specified in the notice, and
(b) the permission may be general and subject to such conditions as the harbour master, other person in charge of the State waters or Minister thinks fit.
(4) In this section:

"harbour master" has the same meaning it has in the Marine Safety Act 1998 .



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