{"id":"marine-pollution-act-1999","name":"Marine Pollution Act 1999","slug":"marine-pollution-act-1999","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30340,"registerId":"nt-marine-pollution-act-1999-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"3","sectionType":"section","heading":"Act binds the Crown","content":"3 Act binds the Crown\nThis Act binds the Crown not only in right of the Territory but also,\nso far as the legislative power of the Legislative Assembly permits,\nthe Crown in all its other capacities.\n","sortOrder":0},{"sectionNumber":"4","sectionType":"section","heading":"Application","content":"4 Application\n(1) This Act applies to:\n(a) all ships in coastal waters; and\n(b) all ships outside coastal waters that:\n(i) are intending to enter the Territory; or\n(ii) are preparing for a voyage to enter the Territory; or\n(iii) are on a voyage leaving the Territory; or\n(iv) discharge a pollutant to which section 9 applies.\n\nMarine Pollution Act 1999 2\n(4) This Act does not apply to:\n(a) a ship under the control of the Australian Defence Force; or\n(b) a warship, naval auxiliary or other ship owned or operated by\na foreign country and used, for the time being, only on\ngovernment, non-commercial service of the country.\n","sortOrder":1},{"sectionNumber":"5","sectionType":"section","heading":"Overall purpose","content":"5 Overall purpose\n(1) The overall purpose of this Act is to protect the Territory's marine\nand coastal environment by minimising intentional and negligent\ndischarges of ship-sourced pollutants into coastal waters.\n(2) This purpose is to be achieved primarily by giving effect to relevant\nprovisions of the following annexes of MARPOL:\n(a) Annex I (which deals with pollution by oil);\n(b) Annex II (which deals with pollution by noxious liquid\nsubstances in bulk);\n(c) Annex III (which deals with pollution by harmful substances in\npackaged form);\n(d) Annex V (which deals with pollution by garbage).\n(3) The purpose is also to be achieved by:\n(a) providing an approach to protecting the Territory's marine and\ncoastal environment from ship-sourced pollutants\ncomplementary to the approach of the Commonwealth and the\nStates of the Commonwealth;\n(b) making provision about the discharge of sewage from ships;\n(c) enabling shipping casualties that are polluting, or threatening\nto pollute, coastal waters, to be dealt with; and\n(d) imposing severe penalties on persons who pollute the\nTerritory's marine and coastal environment in contravention of\nthis Act.\n","sortOrder":2},{"sectionNumber":"6","sectionType":"section","heading":"Interpretation","content":"6 Interpretation\n(1) In this Act, unless the contrary intention appears:\nagent, in relation to a ship's owner, see section 8.\n\nMarine Pollution Act 1999 3\nanalyst means a person:\n(a) who is appointed as an analyst under section 11; or\n(b) who holds a kind of accreditation that is prescribed in relation\nto analysts in the Regulations.\napproved form means a form approved under section 98A.\nauthorised officer means a person who is appointed as an\nauthorised officer under section 51.\nChief Executive Officer means the Chief Executive Officer of the\nAgency allocated primary responsibility for administration of this Act\nunder an Administrative Arrangements Order.\ncoastal waters means the coastal waters of the Territory, within\nthe meaning of the Coastal Waters (Northern Territory Powers)\nAct 1980 of the Commonwealth, and includes other waters within\nthe limits of the Territory that are subject to the ebb and flow of the\ntide.\nCommonwealth Navigation Act means the Navigation Act 1912 of\nthe Commonwealth.\ncondition includes restriction.\ndischarge means any release, however caused, from a ship of a\nharmful substance or effluents containing such substances, and\nincludes any escape, disposal, spilling, leaking, pumping, emitting\nor emptying, but does not include:\n(a) dumping within the meaning of the Convention for the\nPrevention of Marine Pollution by Dumping of Waste and\nOther Matter, done at London on 13 November 1972;\n(b) release of harmful substances directly associated with the\nexploration, exploitation and associated offshore processing of\nsea-bed mineral and petroleum resources; or\n(c) release of harmful substances for purposes of legitimate\nscientific research into pollution abatement or control.\ndischarge expenses means:\n(a) the reasonable costs and expenses incurred by the Territory\nin:\n(i) investigating a discharge of a pollutant;\n\nMarine Pollution Act 1999 4\n(ii) preventing a discharge or minimising the effects of a\ndischarge of a pollutant;\n(iii) treating animals and plants affected by a discharge of a\npollutant;\n(iv) rehabilitating or restoring the Territory's marine and\ncoastal environment; or\n(v) the exercise by an authorised officer of a power under\n","sortOrder":3},{"sectionNumber":"Div 7","sectionType":"division","heading":"of Part 10 of this Act; or","content":"Division 7 of Part 10 of this Act; or\n(b) an amount reasonably paid by the Territory under section 84\nor by the Chief Executive Officer under Part 12.\nenvironment means land, air, water, organisms and ecosystems\nand includes:\n(a) the well-being of humans;\n(b) structures made or modified by humans;\n(c) the amenity values of an area; and\n(d) economic, cultural and social conditions.\nenvironmental harm means:\n(a) any harm to or adverse effect on the environment; or\n(b) any potential harm (including the risk of harm and future harm)\nto or potential adverse effect on the environment,\nof any degree or duration.\nexecutive officer, of a corporation, means a person who is\nconcerned with, or takes part in, the corporation's management,\nwhether or not the person is a director or the person's position is\ngiven the name of executive officer.\nharmful substance has the meaning it has in Part 4.\nIMO means the International Maritime Organization.\nMARPOL has the meaning it has in section 7.\nmaster, in relation to a ship, means the person having lawful\ncommand or charge of the ship, but does not include a person not\nbelonging to the ship who has lawful conduct of the ship.\n\nMarine Pollution Act 1999 5\nmaterial environmental harm means environmental harm that:\n(a) is not trivial or negligible in nature;\n(b) consists of an environmental nuisance of a high impact or on a\nwide scale;\n(c) results, or is likely to result, in not more than $50,000 or the\nprescribed amount (whichever is greater) being spent in taking\nappropriate action to prevent or minimise the environmental\nharm or rehabilitate the environment; or\n(d) results in actual or potential loss or damage to the value of not\nmore than $50,000 or the prescribed amount (whichever is\ngreater).\nn mile means an international nautical mile.\nnoxious liquid substance has the meaning it has in Part 3.\nobstruct includes:\n(a) assault, threaten, abuse, insult, intimidate or hinder; and\n(b) attempt to obstruct.\noccupier, in relation to a place, includes a person who reasonably\nappears to be the occupier, or in charge, of the place.\noil means petroleum of any form and includes:\n(a) any liquid hydrocarbon mixture occurring naturally in the earth\nwhether or not treated to render it suitable for transportation,\nincluding crude oil from which certain distillate fractions may\nhave been removed or added;\n(b) sludge and oil refuse;\n(c) any oil used in connection with the propulsion and auxiliary\nmachinery of the ship in which that oil is carried;\n(d) refined products, other than petrochemicals, that are subject\nto the provisions of Annex II of MARPOL;\n(e) substances listed in Appendix 1 to Annex II to MARPOL; and\n(f) a mixture with any oil content.\n\nMarine Pollution Act 1999 6\noil tanker means a ship constructed or adapted primarily to carry\noil in bulk in its cargo space and includes:\n(a) a ship designed to carry either oil or solid cargoes in bulk; and\n(b) any ship constructed or adapted primarily to carry a cargo of\nnoxious liquid substances in bulk when it is carrying a cargo or\npart cargo of oil in bulk.\nowner, in relation to a ship, see section 8A.\nowner, in relation to a seized object, includes the person from\nwhom the object is seized unless the authorised officer concerned\nis aware of its actual owner.\nperson in control, in relation to a ship, includes the person who\nhas, or reasonably appears to have, command or charge of the\nship.\nplace includes land and premises but does not include a ship.\npollutant means any substance which, if introduced into the sea, is\nliable to create hazards to human health, to harm living resources\nand marine life, to damage amenities or to interfere with other\nlegitimate uses of the sea, and includes any substance subject to\ncontrol by MARPOL and sewage.\npremises includes:\n(a) a building or other structure or part of a building or other\nstructure; and\n(b) land where a building or other structure is situated.\npublic place means any place that:\n(a) the public is entitled to use;\n(b) is open to the public; or\n(c) is used by the public,\nwhether or not on payment of money.\nrelated Territory interests means the Territory interests directly\naffected or threatened by a maritime casualty as defined in\nsection 81 and includes:\n(a) maritime coastal, port or estuarine activities, including, for\nexample, fishing activities, that are an essential means of\nlivelihood for persons;\n\nMarine Pollution Act 1999 7\n(b) tourist attractions; and\n(c) the health of Territorians and the wellbeing of the Territory.\nserious environmental harm means environmental harm that is\nmore serious than material environmental harm and includes\nenvironmental harm that:\n(a) is irreversible or otherwise of a high impact or on a wide scale;\n(b) damages an aspect of the environment that is of a high\nconservation value, high cultural value or high community\nvalue or is of special significance;\n(c) results or is likely to result in more than $50,000 or the\nprescribed amount (whichever is greater) being spent in taking\nappropriate action to prevent or minimise the environmental\nharm or rehabilitate the environment; or\n(d) results in actual or potential loss or damage to the value of\nmore than $50,000 or the prescribed amount (whichever is\ngreater);\nsewage has the meaning it has in Part 5 and includes human\nwastes.\nship:\n(a) means a vessel of any type whatsoever operating in the\nmarine environment and includes hydrofoil boats, air-cushion\nvehicles, submersibles, floating craft and fixed or floating\nplatforms; and\n(b) includes an aircraft when it is on the surface of the water.\ntonnage means the tonnage of a ship determined in accordance\nwith the International Convention on Tonnage Measurement of\nShips.\nNote for subsection (1)\nThe Interpretation Act 1978 contains definitions and other provisions that may be\nrelevant to this Act.\n(2) If a penalty is specified at the foot of a provision of this Act to be:\n(a) an environmental offence level 1, 2, 3 or 4 – an offence\nagainst the provision is designated to be an environmental\noffence level 1, 2, 3 or 4, respectively, within the meaning of\nthe Environmental Offences and Penalties Act 1996; or\n\nMarine Pollution Act 1999 8\n(b) a number of penalty units – the penalty is to be determined by\nreference to the Penalty Units Act 2009.\n(3) A reference in this Act to the Act is to be taken to include a\nreference to the Regulations.\n","sortOrder":4},{"sectionNumber":"7","sectionType":"section","heading":"Meaning of MARPOL","content":"7 Meaning of MARPOL\n(1) MARPOL is the International Convention for the Prevention of\nPollution from Ships, 1973:\n(a) as corrected by the procès-verbal of rectification dated\n13 June 1978;\n(b) as modified and added to by the 1978 Pollution Protocol\nrelating to the Convention; and\n(c) as affected by any amendment made under article 16 of the\nConvention and accepted by Australia.\n(2) If an amendment is made under article 16 of the Convention and\naccepted by Australia, the amendment is of no effect for the\npurposes of this Act until the Minister gives notice of the\namendment in the Gazette.\n","sortOrder":5},{"sectionNumber":"8","sectionType":"section","heading":"Meaning of agent","content":"8 Meaning of agent\n(1) An agent of a ship owner is the person who, for or on behalf of the\nowner:\n(a) makes an arrangement for berthing the ship; or\n(b) makes an arrangement for loading or unloading cargo on or\nfrom the ship; or\n(c) makes an arrangement for the carriage of cargo on or from the\nship; or\n(d) makes an arrangement for the ship to load bunkers or stores;\nor\n(e) performs any other function in relation to the ship's husbandry;\nor\n(f) makes an arrangement for, or in connection with, repairs of\nthe ship; or\n(g) performs any other function in relation to the ship under this\nAct.\n\nMarine Pollution Act 1999 9\n(2) An arrangement made or function performed under subsection (1)\nis made or performed for a ship that:\n(a) is on a voyage that is intended to enter the Territory; or\n(b) is in the Territory; or\n(c) is on a voyage that is intended to leave the Territory; or\n(d) discharges a pollutant to which section 9 applies.\n(3) An arrangement made or function performed for a ship mentioned\nin subsection (2)(a) or (c) includes any arrangement made or\nfunction performed that is preparatory to the voyage.\n(4) Subject to this section, a person is the agent of a ship owner:\n(a) for the duration of the ship's voyage to enter the Territory,\nincluding any preparatory period for the voyage; or\n(b) for the time the ship is in the Territory; or\n(c) for the duration of the ship's voyage to leave the Territory,\nincluding any period of the voyage that takes place outside\ncoastal waters.\n(5) The person or the ship owner may give the Chief Executive Officer\nwritten notice that:\n(a) the person is no longer the ship owner's agent; or\n(b) the person will not be the ship owner's agent by a time\nspecified in the notice.\n(6) A notice given under subsection (5) by the person must:\n(a) be in the approved form; and\n(b) include evidence that the person is no longer the ship owner's\nagent or will not be the ship owner's agent by the time\nspecified; and\n(c) if the person's appointment as the ship owner's agent\nexpired – specify the date for which the person's appointment\nexpired; and\n(d) if known to the person – specify the person who is or will be\nappointed to be the ship owner's agent after the person's\nappointment expired or expires.\n\nMarine Pollution Act 1999 10\n(7) A notice given under subsection (5) by the ship owner must:\n(a) be in the approved form; and\n(b) specify the person who is or will be appointed to be the ship\nowner's agent after the agent's appointment expired or\nexpires.\n","sortOrder":6},{"sectionNumber":"8A","sectionType":"section","heading":"Meaning of owner","content":"8A Meaning of owner\n(1) An owner, in relation to a ship, means any of the following:\n(a) a person who owns the ship;\n(b) a person who exercises, or purports to exercise, a power of an\nowner, or a person who performs, or purports to perform, a\nfunction of an owner;\n(c) a person who operates the ship or causes or allows the ship to\nbe operated by someone else;\n(d) a person who has exclusive possession of the ship;\n(e) a person who has overall control and management of the ship;\n(f) a person who is a demise or sub-demise charterer of the ship;\n(g) a person who is a time charterer of the ship;\n(h) a person who has a beneficial interest in the ship;\n(i) a person who is registered as the owner of the ship.\n(2) Subsection (1) applies irrespective of whether the ship is\nmortgaged, chartered, leased or hired.\n","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Discharge outside coastal waters that enters coastal waters","content":"9 Discharge outside coastal waters that enters coastal waters\n(1) The discharge of a pollutant, whether or not in packaged form, that\nhappens outside coastal waters is taken to be a discharge into\ncoastal waters under this Act if the discharged pollutant enters\ncoastal waters.\n(2) The discharge is taken to happen when the discharged pollutant\nenters coastal waters.\n\nMarine Pollution Act 1999 11\n","sortOrder":8},{"sectionNumber":"Div 3","sectionType":"division","heading":"Administration","content":"Division 3 Administration\n","sortOrder":9},{"sectionNumber":"10","sectionType":"section","heading":"Delegation by Chief Executive Officer","content":"10 Delegation by Chief Executive Officer\n(1) The Chief Executive Officer may, in writing, delegate to a person,\nincluding the person from time to time holding, acting in or\nperforming the duties of an office, designation or position, any of his\nor her powers and functions under this Act, other than this power of\ndelegation.\n(2) A power or function delegated under this section, when exercised\nor performed by the delegate, is to be taken to have been exercised\nor performed by the Chief Executive Officer.\n(3) A delegation under this section does not prevent the exercise of a\npower or the performance of a function by the Chief Executive\nOfficer.\n","sortOrder":10},{"sectionNumber":"11","sectionType":"section","heading":"Appointment of analysts","content":"11 Appointment of analysts\nThe Chief Executive Officer may appoint a person who, in his or her\nopinion, is appropriately qualified, to be an analyst.\n","sortOrder":11},{"sectionNumber":"12","sectionType":"section","heading":"Protection from liability","content":"12 Protection from liability\nA person exercising a power or performing a function or duty\nconferred or imposed on him or her by or under this Act or an\ninstrument of a legislative or administrative character under this Act\ndoes not render the Territory or himself or herself liable in respect\nof any matter or thing done if the matter or thing was done in good\nfaith for the purposes of this Act.\n","sortOrder":12},{"sectionNumber":"13","sectionType":"section","heading":"Part gives effect to Annex I to MARPOL","content":"13 Part gives effect to Annex I to MARPOL\nAnnex I to MARPOL.\n","sortOrder":13},{"sectionNumber":"14","sectionType":"section","heading":"Discharge of oil into coastal waters prohibited","content":"14 Discharge of oil into coastal waters prohibited\npermit the discharge of oil from a ship into coastal waters if:\n\nMarine Pollution Act 1999 12\ndischarge of oil from a ship into coastal waters if:\npermit the discharge of oil from a ship into coastal waters if:\ndischarge of oil from a ship into coastal waters if:\n(5) A ship's owner and a ship's master must ensure that oil is not\ndischarged from the ship into coastal waters.\n\nMarine Pollution Act 1999 13\n","sortOrder":14},{"sectionNumber":"15","sectionType":"section","heading":"Defences","content":"15 Defences\n(1) Each of the following is a defence to a prosecution for an offence\nagainst section 14:\n(a) the discharge was necessary for the purpose of securing the\n(b) the discharge of a substance containing oil was made in an\nattempt to minimise the damage from pollution arising from a\nspecific pollution incident and was approved by an authorised\nofficer;\n(c) the discharge was authorised by an authorised officer for\ntraining purposes.\n(2) It is a defence to a prosecution for an offence against section 14 if:\nprevent as far as is reasonably practicable the discharge of oil\nas a result of damage to the ship or equipment;\nminimise the discharge of the oil.\n(3) For the purposes of subsection (2)(a), damage to a ship or its\nequipment is intentional damage only if the damage arose in\ncircumstances in which the ship's owner or master:\n","sortOrder":15},{"sectionNumber":"16","sectionType":"section","heading":"Certain discharges permissible","content":"16 Certain discharges permissible\nThe Regulations may declare that section 14 does not apply in\nrelation to a discharge of oil.\n\nMarine Pollution Act 1999 14\n","sortOrder":16},{"sectionNumber":"17","sectionType":"section","heading":"Shipboard oil pollution emergency plan","content":"17 Shipboard oil pollution emergency plan\n(1) The owner and the master of:\n(a) an oil tanker with a gross tonnage of 150 tons or more; or\n(b) a ship, other than an oil tanker, with a gross tonnage of\n400 tons or more,\nmust ensure that there is an approved shipboard oil pollution\nemergency plan on board the ship.\n(2) In this section, approved shipboard oil pollution emergency\nplan means a shipboard oil pollution emergency plan approved by\nthe Chief Executive Officer or an Administration within the meaning\nof MARPOL.\nPart 3 Prevention of pollution by noxious liquid\nsubstances in bulk\n18 Part gives effect to Annex II to MARPOL\nAnnex II to MARPOL.\n19 Application of Part\nThis Part applies to all ships carrying noxious liquid substances in\nbulk.\n","sortOrder":17},{"sectionNumber":"20","sectionType":"section","heading":"Definitions","content":"20 Definitions\nmixture includes ballast water, tank washings and bilge and other\nresidues.\nliquid substance is a substance having a vapour pressure not\nexceeding 2.8 kp/cm 2 at a temperature of 37.8°C.\nnoxious liquid substance includes:\n(a) a liquid substance categorised in Annex II to MARPOL as a\ncategory A, B, C or D substance; and\n(b) a mixture containing a noxious liquid substance.\n\nMarine Pollution Act 1999 15\n","sortOrder":18},{"sectionNumber":"21","sectionType":"section","heading":"Discharge of noxious liquid substances into coastal waters","content":"21 Discharge of noxious liquid substances into coastal waters\nprohibited\npermit the discharge of a noxious liquid substance from the ship\ninto coastal waters if:\ndischarge of a noxious liquid substance from the ship into coastal\nwaters if:\npermit the discharge of a noxious liquid substance from the ship\ninto coastal waters if:\ndischarge of a noxious liquid substance from the ship into coastal\nwaters if:\n\nMarine Pollution Act 1999 16\n(5) A ship's owner and a ship's master must ensure that a noxious\nliquid substance is not discharged from the ship into coastal waters.\n","sortOrder":19},{"sectionNumber":"22","sectionType":"section","heading":"Defences","content":"22 Defences\n(1) Each of the following is a defence to a prosecution for an offence\nagainst section 21:\n(a) the discharge was necessary for the purpose of securing the\n(b) the discharge was for the purpose of combating specific\npollution incidents to minimise the damage from pollution and\nwas approved by an authorised officer.\n(2) It is a defence to a prosecution for an offence against section 21 if:\nprevent as far as is reasonably practicable the discharge of\nnoxious liquid substances as a result of damage to the ship or\nequipment;\nminimise the discharge of the noxious liquid substance.\n(3) For the purposes of subsection (2)(a), damage to a ship or its\nequipment is taken to be intentional damage only if the damage\narose in circumstances in which the ship's owner or master:\n\n","sortOrder":20},{"sectionNumber":"Part 4","sectionType":"part","heading":"Prevention of pollution by packaged harmful substances","content":"Part 4 Prevention of pollution by packaged harmful substances\nMarine Pollution Act 1999 17\n","sortOrder":21},{"sectionNumber":"23","sectionType":"section","heading":"Certain discharges permissible","content":"23 Certain discharges permissible\nThe Regulations may declare that section 21 does not apply in\nrelation to a discharge of a noxious liquid substance.\n","sortOrder":22},{"sectionNumber":"24","sectionType":"section","heading":"Certain noxious liquid substances to be treated as oil","content":"24 Certain noxious liquid substances to be treated as oil\n(1) The Regulations may prescribe a noxious liquid substance that is\ncategorised in Annex II to MARPOL as a category C or D\nsubstance as an oil-like substance (the prescribed oil-like\nsubstance) that may be carried on an oil tanker if the conditions\nprescribed under the Regulations are satisfied.\n(2) The Regulations may only prescribe a category C or D substance\nidentified by the IMO as an oil-like substance.\n(3) If a prescribed oil-like substance is carried on an oil tanker, Part 2\napplies to the substance as if the substance were oil.\n(4) The owner and the master of an oil tanker carrying a prescribed\noil-like substance must ensure that the oil tanker complies with and\ndoes not contravene the conditions prescribed in relation to the\nsubstance under the Regulations.\nPart 4 Prevention of pollution by packaged harmful\nsubstances\n25 Part gives effect to Annex III to MARPOL\nAnnex III to MARPOL.\n26 Interpretation\n(1) In this Part:\nharmful substance means those substances that are identified as\nmarine pollutants in the International Maritime Dangerous Goods\nCode.\nInternational Maritime Dangerous Goods Code means the Code\nadopted by the International Maritime Organisation by resolution\nA.716(17) as amended from time to time.\njettisoning includes leakage and accidental discharge or loss\noverboard.\n\nPart 4 Prevention of pollution by packaged harmful substances\nMarine Pollution Act 1999 18\npackaged form means a form of containment specified for harmful\nsubstances in the International Maritime Dangerous Goods Code.\n(2) An amendment to the International Maritime Dangerous Goods\nCode is of no effect until the Minister has published in the Gazette a\nnotice that the particular amendment is to be taken to be part of the\nCode.\n(3) The Minister may publish in the Gazette a notice that an\namendment to the International Maritime Dangerous Goods Code is\nto be taken to be part of the Code for the purposes of this Act.\n","sortOrder":23},{"sectionNumber":"27","sectionType":"section","heading":"Jettisoning of harmful substances into coastal waters","content":"27 Jettisoning of harmful substances into coastal waters\nprohibited\npermit the jettisoning from the ship into coastal waters of a harmful\nsubstance carried as cargo in packaged form if:\njettisoning from the ship into coastal waters of a harmful substance\ncarried as cargo in packaged form if:\npermit the jettisoning from the ship into coastal waters of a harmful\nsubstance carried as cargo in packaged form if:\n\nMarine Pollution Act 1999 19\njettisoning from the ship into coastal waters of a harmful substance\ncarried as cargo in packaged form if:\n(5) A ship's owner and a ship's master must ensure that a harmful\nsubstance carried as cargo in packaged form is not jettisoned from\nthe ship into coastal waters.\n","sortOrder":24},{"sectionNumber":"28","sectionType":"section","heading":"Defences","content":"28 Defences\nThe following are defences to a prosecution for an offence against\nsection 27:\n(a) the jettisoning was made for the purpose of securing the\n(b) if the jettisoning was the washing of leakages overboard – the\njettisoning in accordance with procedures prescribed by the\nRegulations would have impaired the safety of the ship or\npersons on board the ship.\n","sortOrder":25},{"sectionNumber":"29","sectionType":"section","heading":"Certain discharges permissible","content":"29 Certain discharges permissible\nThe Regulations may declare that section 27 does not apply in\nrelation to a the jettisoning from a ship into coastal waters of a\nharmful substance carried as cargo in packaged form.\n","sortOrder":26},{"sectionNumber":"Part 5","sectionType":"part","heading":"Prevention of pollution by sewage","content":"Part 5 Prevention of pollution by sewage\n","sortOrder":27},{"sectionNumber":"30","sectionType":"section","heading":"Definitions [uncommenced]","content":"30 Definitions [uncommenced]\ncommencement means the commencement of Part 1.\nexisting ship means a ship other than a new ship.\n\nMarine Pollution Act 1999 20\nholding tank means a container or receptacle on a ship designed\nand constructed to receive waste from a toilet on the ship and keep\nthe waste for disposal.\nlarge ship means a ship:\n(a) of 400 tons gross tonnage and above;\n(b) of less than 400 tons gross tonnage that is certified to carry\nmore than 15 persons; or\n(c) that does not have a measured gross tonnage and is certified\nto carry more than 15 persons.\nnew ship means a ship:\n(a) for which a building contract is placed;\n(b) if there is no building contract – the keel of which is laid;\n(c) if there is no building contract and no keel is laid – for which\nhull construction has started on or after the commencement;\nor\n(d) that is under construction but the delivery for which is at least\n3 years after the commencement.\nsensitivity zone means an area of coastal waters prescribed by\nthe Regulations to be a sensitivity zone.\nsewage means:\n(a) drainage and other wastes from any form of toilets, urinals,\nand WC scuppers;\n(b) drainage from medical premises (such as a dispensary or a\nsick bay) via wash basins, wash tubs and scuppers located in\nmedical premises;\n(c) drainage from spaces containing living animals; or\n(d) other waste waters when mixed with the drainages referred to\nin paragraphs (a) to (c) (inclusive).\nsmall ship means a ship that is not a large ship.\ntoilet includes urinal.\n\nMarine Pollution Act 1999 21\n","sortOrder":28},{"sectionNumber":"31","sectionType":"section","heading":"Discharge of sewage from ships into coastal waters prohibited","content":"31 Discharge of sewage from ships into coastal waters prohibited\n(1) The owner and the master of a large ship, or a small ship in a\nsensitivity zone, must not intentionally cause or permit the\ndischarge of sewage from the ship into coastal waters if:\n(2) The owner and the master of a large ship, or a small ship in a\nsensitivity zone, must not cause or permit the discharge of sewage\nfrom the ship into coastal waters if:\n(3) The owner and the master of a large ship, or a small ship in a\nsensitivity zone, must not intentionally cause or permit the\ndischarge of sewage from the ship into coastal waters if:\n(4) The owner and the master of a large ship, or a small ship in a\nsensitivity zone, must not cause or permit the discharge of sewage\nfrom the ship into coastal waters if:\n\nMarine Pollution Act 1999 22\n(5) The owner and the master of a large ship, or a small ship in a\nsensitivity zone, must ensure that sewage is not discharged from\nthe ship into coastal waters.\n","sortOrder":29},{"sectionNumber":"32","sectionType":"section","heading":"Defences [uncommenced]","content":"32 Defences [uncommenced]\n(1) It is a defence to a prosecution for an offence against section 31 if:\nprevent as far as is reasonably practicable the discharge of\nsewage as a result of damage to the ship or equipment;\nminimise the discharge of the sewage.\n(2) For the purposes of subsection (1)(a), damage to a ship or its\nequipment is intentional damage only if the damage arose in\ncircumstances in which the ship's owner or master:\n","sortOrder":30},{"sectionNumber":"33","sectionType":"section","heading":"Certain discharges permissible [uncommenced]","content":"33 Certain discharges permissible [uncommenced]\nThe Regulations may declare that section 31 does not apply in\nrelation to a discharge of sewage.\n","sortOrder":31},{"sectionNumber":"34","sectionType":"section","heading":"Ships to have holding tanks [uncommenced]","content":"34 Ships to have holding tanks [uncommenced]\n(1) The owner of a new ship, other than a small ship, must ensure that\nthe ship is fitted with a toilet and a holding tank connected to the\ntoilet.\n\nMarine Pollution Act 1999 23\n(2) The owner of an existing ship, other than a small ship, must ensure\nthat the ship is fitted with a toilet and a holding tank connected to\nthe toilet.\n(3) It is a defence to a charge of committing an offence against\nsubsection (2) if the ship was, before the offence occurred,\nexempted from the application of that subsection.\n(4) An existing ship may be exempted from subsection (2) if the ship's\nowner produces to the Chief Executive Officer a certificate, from a\nship designer, ship builder or marine surveyor, certifying that the\nship:\n(a) is unsuitable to be fitted with a holding tank; or\n(b) is fitted with a sewage treatment plant or other device\napproved by the Chief Executive Officer and the plant or\ndevice is fitted in a manner approved by the Chief Executive\nOfficer.\n(5) The Regulations may prescribe the grounds for certifying that a ship\nis unsuitable to be fitted with a holding tank.\n","sortOrder":32},{"sectionNumber":"35","sectionType":"section","heading":"Other laws may also apply [uncommenced]","content":"35 Other laws may also apply [uncommenced]\nThis Part does not limit another law imposing more stringent\nrequirements about the discharge of sewage into coastal waters.\n","sortOrder":33},{"sectionNumber":"36","sectionType":"section","heading":"Part gives effect to Annex V to MARPOL","content":"36 Part gives effect to Annex V to MARPOL\nAnnex V to MARPOL.\n","sortOrder":34},{"sectionNumber":"37","sectionType":"section","heading":"Definition","content":"37 Definition\ngarbage means all kinds of victual, domestic and operational waste\n(other than fresh fish and parts of fish), generated during the normal\noperation of the ship and liable to be disposed of continuously or\nperiodically, and includes plastics but does not include those\nsubstances that are defined or listed in Annexes to MARPOL other\nthan Annex V.\n\nMarine Pollution Act 1999 24\n","sortOrder":35},{"sectionNumber":"38","sectionType":"section","heading":"Disposal of garbage into coastal waters prohibited","content":"38 Disposal of garbage into coastal waters prohibited\npermit the discharge of garbage from the ship into coastal waters if:\ndischarge of garbage from the ship into coastal waters if:\npermit the discharge of garbage from the ship into coastal waters if:\ndischarge of garbage from the ship into coastal waters, if:\n(5) A ship's owner and a ship's master must ensure that garbage is not\ndischarged from the ship into coastal waters.\n\nMarine Pollution Act 1999 25\n","sortOrder":36},{"sectionNumber":"39","sectionType":"section","heading":"Defences","content":"39 Defences\nEach of the following is a defence to a prosecution for an offence\nagainst section 38:\n(a) the disposal was made for the purpose of securing the safety\nof the ship and the persons on board the ship or saving life at\nsea;\n(b) the disposal happened because of damage to the ship or its\nequipment and all reasonable precautions were taken before\nand after the damage happened to prevent or minimise the\ndisposal;\n(c) the disposal was the accidental loss at sea of a synthetic\nfishing net, or synthetic material used in the repair of a\nsynthetic fishing net, and all reasonable precautions were\ntaken to prevent the loss.\n","sortOrder":37},{"sectionNumber":"40","sectionType":"section","heading":"Certain disposals permissible","content":"40 Certain disposals permissible\nThe Regulations may declare that section 38 does not apply in\nrelation to a discharge.\n","sortOrder":38},{"sectionNumber":"41","sectionType":"section","heading":"Waste management plans, garbage record book, signage","content":"41 Waste management plans, garbage record book, signage\n(1) The owner, and the master, of a ship that is 12 m or more in length\nmust ensure that the ship displays placards in relation to garbage\ndisposal requirements in the approved form.\nMaximum penalty: 50 penalty units.\n(2) The owner, and the master, of a ship with a gross tonnage of\n400 tons or more, or of a ship certified to carry 15 or more persons,\nmust:\n(a) develop a waste management plan in accordance with the\nRegulations;\n(b) handle garbage under and in accordance with the waste\nmanagement plan; and\n(c) ensure that the ship is fitted with equipment enabling the\nwaste management plan to be complied with.\n\nMarine Pollution Act 1999 26\n(3) The owner, and the master, of:\n(a) a ship with a gross tonnage of 400 tons or more; or\n(b) a ship certified to carry 15 or more persons that is engaged on\nan international voyage,\nmust ensure that a garbage record book is maintained on the ship.\n(4) An offence against subsection (1), (2) or (3) is a regulatory offence.\n","sortOrder":39},{"sectionNumber":"Part 7","sectionType":"part","heading":"Prevention of pollution during transfer of","content":"Part 7 Prevention of pollution during transfer of\noperations\n","sortOrder":40},{"sectionNumber":"42","sectionType":"section","heading":"Definitions","content":"42 Definitions\nnoxious liquid substance has the meaning it has in Part 3 and\nincludes a mixture containing a noxious liquid substance.\ntransfer apparatus, for a ship, means apparatus used in the\ntransfer of a pollutant between a ship and another ship or place.\ntransfer operation, for a ship, means any operation involved in\npreparing for, starting, carrying on, or finishing, a transfer of a\npollutant:\n(a) from the ship to another ship or from another ship to the ship;\nor\n(b) from a ship to a place or from a place to a ship.\n","sortOrder":41},{"sectionNumber":"43","sectionType":"section","heading":"Discharge of pollutant into coastal waters prohibited","content":"43 Discharge of pollutant into coastal waters prohibited\npermit the discharge of a pollutant from the ship into coastal waters\nduring a transfer operation if:\n\nMarine Pollution Act 1999 27\ndischarge of a pollutant from the ship into coastal waters during a\ntransfer operation if:\npermit the discharge of a pollutant from the ship into coastal waters\nduring a transfer operation if:\ndischarge of a pollutant from the ship into coastal waters during a\ntransfer operation if:\n(5) A ship's owner and a ship's master must ensure that a pollutant is\nnot discharged from the ship into coastal waters during a transfer\noperation.\n\nMarine Pollution Act 1999 28\n","sortOrder":42},{"sectionNumber":"44","sectionType":"section","heading":"Defences","content":"44 Defences\nEach of the following is a defence to a prosecution for an offence\nagainst section 43:\n(a) the discharge happened because of operator error by\nsomeone not under the master's direction and the master took\nall reasonable precautions after the discharge happened or\nwas discovered to minimise the discharge;\n(b) the discharge happened because of a fault in transfer\napparatus not operated at the master's direction and the\nmaster took all reasonable precautions after the discharge\nhappened or was discovered to prevent or minimise the\ndischarge;\n(c) the discharge happened because of a fault in transfer\napparatus brought onto the ship and operated at the master's\ndirection if:\n(i) the master took all reasonable steps to ensure that the\napparatus was in good working order immediately before\nthe transfer operation started; and\n(ii) the master took all reasonable precautions after the\ndischarge happened or was discovered to prevent or\nminimise the discharge;\n(d) a defence available under another Part for a discharge of the\nrelevant pollutant.\n","sortOrder":43},{"sectionNumber":"45","sectionType":"section","heading":"Restrictions on transfer operations at night","content":"45 Restrictions on transfer operations at night\n(1) A ship's owner and a ship's master must ensure that a transfer\noperation in relation to the ship is not conducted between sunset\nand sunrise unless an authorised officer:\n(a) has been given notice of the operation; and\n(b) has given written approval for it.\n(2) Despite subsection (1), an authorised officer may give a general\napproval under subsection (1) for transfer operations to be carried\nout at a place where transfers are frequently and regularly carried\nout.\n\nMarine Pollution Act 1999 29\n(3) The approval may:\n(a) be given for a period stated in the notice; and\n(b) be subject to the conditions the authorised officer thinks fit.\n(4) If an approval is given under this section in relation to a ship, the\nship's owner and the ship's master must ensure that a transfer\noperation in relation to the ship is conducted in accordance with the\nconditions of the approval.\n","sortOrder":44},{"sectionNumber":"46","sectionType":"section","heading":"Liability if more than one ship","content":"46 Liability if more than one ship\nIf:\n(a) a discharge happens from 2 or more ships in relation to a\ntransfer operation involving oil or noxious liquid substances in\nbulk; and\n(b) it is not reasonably practicable to identify the oil or noxious\nliquid substance that has discharged from a particular ship,\nall of the oil or noxious liquid substance discharged is taken, for the\npurposes of this Part and sections 85, 86, 88 and 94 to have been\ndischarged from each of the ships.\n","sortOrder":45},{"sectionNumber":"47","sectionType":"section","heading":"Keeping of records about transfer","content":"47 Keeping of records about transfer\n(1) A ship's owner, a ship's master or the occupier of a place to or from\nwhich a pollutant is transferred must keep the records he or she is\nrequired to keep under the Regulations.\n(2) If an event required under the Regulations to be recorded by a\nship's owner or master or the occupier of a place to or from which a\npollutant is transferred occurs, he or she must, without delay,\nrecord the event in the way prescribed under the Regulations.\n\nMarine Pollution Act 1999 30\n","sortOrder":46},{"sectionNumber":"48","sectionType":"section","heading":"Chief Executive Officer may arrange for provision of reception","content":"48 Chief Executive Officer may arrange for provision of reception\nfacilities\nThe Chief Executive Officer may provide, join with someone else in\nproviding or arrange for the provision of reception facilities for\nresidues, including but not limited to oil, noxious liquid substances,\nsewage and garbage.\n","sortOrder":47},{"sectionNumber":"49","sectionType":"section","heading":"Chief Executive Officer may direct person to provide reception","content":"49 Chief Executive Officer may direct person to provide reception\nfacilities\n(1) The Chief Executive Officer may give a notice under subsection (2)\nto the owner or occupier of:\n(a) a port or terminal; or\n(b) an establishment at which ships are:\n(i) repaired or other work is performed on ships, if the repair\nor work involves the disposal of oily mixtures, mixtures\ncontaining noxious liquid substances, oil residues,\nresidues of noxious liquid substances or sewage; or\n(ii) berthed, docked or otherwise at the establishment.\n(2) A notice may direct an owner or occupier of a port, terminal or\nestablishment to:\n(a) provide facilities for the reception or disposal of residues by\nships berthed, docked or otherwise at the port, terminal or\nestablishment;\n(b) maintain the facilities in good order and condition; and\n(c) make the facilities available to enable ships to dispose of the\nresidues.\n(3) A notice under subsection (2):\n(a) may state a time within which a direction is to be complied\nwith; and\n(b) is to be signed by the Chief Executive Officer.\n(4) An owner or occupier must comply with a notice under\nsubsection (2).\nMaximum penalty: 5 000 penalty units.\n\nMarine Pollution Act 1999 31\n(5) If a court is satisfied on finding a person guilty of an offence against\nsubsection (4) that the person continued to contravene, or to fail to\ncomply with, the provision after the date when he or she was\nnotified of the alleged offence, the Court may, in addition to the\nmaximum penalty specified for the offence, impose a further penalty\nin respect of each day during which the offence continued to be\ncommitted after the first day on which it was committed not\nexceeding 13 penalty units for each day during which the offence\ncontinues.\n(6) An owner's or occupier's obligation to comply with a notice under\nsubsection (2) continues until the direction given by the notice is\ncomplied with even though, in a particular case, the notice specifies\na time by which compliance is required and the time has passed.\n(7) A charge against an owner or occupier for a contravention of\nsubsection (4) continuing after a finding of guilt may state the date\nof the last finding of guilt and the day or period during which the\ncontravention continued.\n(8) In this section:\nresidues include oil, noxious liquid substances, sewage and\ngarbage.\nterminal includes an oil depot, oil installation and any other place\nused for the loading or unloading in bulk of oil or noxious liquid\nsubstances.\n","sortOrder":48},{"sectionNumber":"50","sectionType":"section","heading":"Duty to report certain incidents","content":"50 Duty to report certain incidents\n(1) A ship's master must, without delay, notify an authorised officer of a\nreportable incident in the way prescribed in the Regulations.\n(2) If the ship's master cannot comply with subsection (1), the ship's\nowner or the owner's agent must notify, without delay, an\nauthorised officer of the reportable incident in the way prescribed in\nthe Regulations, unless the owner or owner's agent has a\n\nMarine Pollution Act 1999 32\n(3) A ship's master, ship's owner or owner's agent who has notified an\nauthorised officer of the reportable incident must within the time\nprescribed in the Regulations give a report in the approved form to\nan authorised officer about the incident if asked to do so by an\nauthorised officer.\n(4) A notice given under subsection (1) or (2) or a report given under\nsubsection (3) may not, without the consent of the person charged,\nbe admitted in evidence in a prosecution for an offence against\nsection 14, 21, 27, 31, 34, 38 or 43.\n(5) In this section:\nreportable incident means:\n(a) a discharge or probable discharge from a ship of oil or a\nnoxious liquid substance; or\n(b) the jettisoning from a ship of a harmful substance that is\ncarried in packaged form,\nif the discharge or jettisoning occurs while the ship is in coastal\nwaters, but does not include a discharge that is prescribed in the\nRegulations to be exempted from this definition.\n","sortOrder":49},{"sectionNumber":"51","sectionType":"section","heading":"Appointment of authorised officers","content":"51 Appointment of authorised officers\n(1) The Chief Executive Officer may appoint as an authorised officer a\nperson who in the opinion of the Chief Executive Officer has the\nnecessary experience or expertise.\n(2) An authorised officer may be appointed for a term specified in the\ninstrument of appointment.\n(3) An authorised officer holds office on the conditions specified in the\ninstrument of appointment.\n(4) An authorised officer may resign by signed notice of resignation\ngiven to the Chief Executive Officer.\n\n","sortOrder":50},{"sectionNumber":"Div 2","sectionType":"division","heading":"Powers and functions of authorised officers generally","content":"Division 2 Powers and functions of authorised officers generally\nMarine Pollution Act 1999 33\n","sortOrder":51},{"sectionNumber":"52","sectionType":"section","heading":"Identity cards","content":"52 Identity cards\n(1) The Chief Executive Officer must give each authorised officer an\nidentity card.\n(2) The identity card is to:\n(a) contain a recent photograph of the authorised officer;\n(b) be signed by the authorised officer; and\n(c) include an expiry date.\n(3) A person who ceases to be an authorised officer must return the\nidentity card to the Chief Executive Officer within 21 days after the\nperson ceases to be an authorised officer, unless the person has a\nMaximum penalty: 100 penalty units.\nDivision 2 Powers and functions of authorised officers\ngenerally\n","sortOrder":52},{"sectionNumber":"53","sectionType":"section","heading":"Functions of authorised officers","content":"53 Functions of authorised officers\nAn authorised officer has the following functions:\n(a) to investigate discharges prohibited by this Act;\n(b) to monitor compliance with this Act;\n(c) to monitor transfer operations;\n(d) to examine ships using coastal waters, so as to minimise\ndischarges;\n(e) to take action to remove a pollutant discharged into coastal\nwaters or mitigate its effect on the Territory's marine and\ncoastal environment.\n","sortOrder":53},{"sectionNumber":"54","sectionType":"section","heading":"Authorised officers subject to directions from Chief Executive","content":"54 Authorised officers subject to directions from Chief Executive\nOfficers\nAn authorised officer is subject to the directions of the Chief\nExecutive Officer in exercising the powers of an authorised officer.\n\nMarine Pollution Act 1999 34\n","sortOrder":54},{"sectionNumber":"55","sectionType":"section","heading":"Limitation on powers of authorised officer","content":"55 Limitation on powers of authorised officer\n(1) The powers of an authorised officer may be limited:\n(a) under the Regulations;\n(b) by a condition of his or her appointment; or\n(c) by notice of the Chief Executive Officer given to the authorised\nofficer.\n(2) Notice under subsection (1)(c) may be given orally but must be\nconfirmed in writing as soon as practicable.\n","sortOrder":55},{"sectionNumber":"56","sectionType":"section","heading":"Production or display of authorised officer's identity card","content":"56 Production or display of authorised officer's identity card\n(1) Before performing a function or exercising a power in relation to:\n(a) a person; or\n(b) land, a vehicle, ship or premises,\nthe authorised officer must produce his or her identity card to:\n(c) the person; or\n(d) a person apparently in charge of the land, vehicle, ship or\npremises,\nas the case may be, if the person requests to view the card.\n(2) If a request is made to view the authorised officer's card:\n(a) the authorised officer; and\n(b) a person authorised by the officer under section 62(1)(h),\nis not entitled to perform a function or exercise a power in relation\nto the person, land, vehicle or premises until the card is produced to\nthe person making the request.\n","sortOrder":56},{"sectionNumber":"57","sectionType":"section","heading":"Boarding of ships","content":"57 Boarding of ships\n(1) An authorised officer may board a ship at any time to find out\nwhether this Act is being or has been complied with.\n\nMarine Pollution Act 1999 35\n(2) An authorised officer may also board a ship at any time if the officer\nhas reasonable grounds for suspecting that:\n(a) the ship is being, or has been, used in the commission of an\noffence against this Act; or\n(b) the ship, or a document or other object in or on the ship, may\nprovide evidence of the commission of an offence against this\nAct.\n(3) However, an authorised officer must not board a ship if to do so\nwould put the ship, or someone on the ship, at risk from damage or\ninjury.\n(4) If the ship is moving or about to move, the authorised officer may\nsignal the person in command of the ship or, if no person is in\ncommand of the ship, the person in control of the ship, to stop the\nship or not to move it.\n(5) To enable the ship to be boarded, the authorised officer may:\n(a) act with any necessary and reasonable help and force; and\n(b) require the person in control of the ship to give reasonable\nhelp to the officer.\n(6) A person must obey a signal under subsection (4), unless the\nperson has a reasonable excuse.\n(7) A person must comply with a requirement under subsection (5)(b),\n(8) Without limiting subsection (6), it is a reasonable excuse for a\nperson to disobey a signal under subsection (4) if:\n(a) the person reasonably believes that to obey the signal\nimmediately would put the ship, or someone on the ship, at\nrisk from damage or injury; and\n(b) the person obeys the signal as soon as it is practicable to\nobey the signal.\n","sortOrder":57},{"sectionNumber":"58","sectionType":"section","heading":"Entry to place by authorised officers","content":"58 Entry to place by authorised officers\nSubject to section 59, an authorised officer may for the purposes of\nthis Act enter a place at any time.\n\nMarine Pollution Act 1999 36\n","sortOrder":58},{"sectionNumber":"59","sectionType":"section","heading":"Residential premises may only be entered with consent or","content":"59 Residential premises may only be entered with consent or\nwarrant\nAn authorised officer must not enter residential premises at a place\nexcept:\n(a) with the consent of the owner or occupier of the premises; or\n(b) under a warrant issued under section 61.\n","sortOrder":59},{"sectionNumber":"60","sectionType":"section","heading":"Consent to entry to residential premises","content":"60 Consent to entry to residential premises\n(1) Before seeking the consent of an occupier of residential premises\nto an authorised officer entering the place under this Part, the\nauthorised officer must inform the occupier:\n(a) of the purpose of the entry;\n(b) that anything found and seized may be used in evidence in\ncourt; and\n(c) that the occupier is not required to consent.\n(2) The power of entry given to an authorised officer under this section\nis in addition to the powers of entry given to an authorised officer\nunder other provisions of this Act.\n","sortOrder":60},{"sectionNumber":"61","sectionType":"section","heading":"Warrant to enter residential premises","content":"61 Warrant to enter residential premises\n(1) A justice of the peace who is satisfied, on the application of an\nauthorised officer, that there is reasonable cause to permit the\nofficer to enter residential premises at a place with a view to\nexercising a power under this Act, may issue a warrant in relation to\nthe premises directed to the authorised officer.\n(2) A warrant issued under subsection (1) is, for a period of one month\nfrom its issue, sufficient authority:\n(a) to the authorised officer to whom it is directed and a person\nauthorised under section 62(1)(h) to enter the residential\npremises specified in the warrant; and\n(b) to that authorised officer and that person to exercise in respect\nof the residential premises specified in the warrant powers\nunder this Act.\n\nMarine Pollution Act 1999 37\n(3) If it is impracticable for an authorised officer to apply in person to a\njustice of the peace for a warrant under subsection (1):\n(a) the officer may make the application to a justice of the peace\nby telephone; and\n(b) the justice of the peace may issue the warrant on that\napplication.\n(4) If a justice of the peace issues a warrant under subsection (3):\n(a) the justice of the peace is to complete and sign the warrant,\ninform the authorised officer by telephone of its terms and\nrecord on the warrant the justice of the peace's reasons for\nissuing it; and\n(b) the authorised officer must:\n(i) complete in duplicate a form of warrant in the terms\nprovided by the justice of the peace;\n(ii) write on it the name of the justice of the peace and the\ndate and time of its issue; and\n(iii) forward one of the copies to the justice of the peace.\n(5) On receiving the copy referred to in subsection (4)(b), the justice of\nthe peace must:\n(a) compare it with the warrant signed by the justice of the peace;\nand\n(b) if satisfied that they are in substance identical, note this on the\nwarrant and forward both the warrant and the copy to the\nChief Executive Officer.\n(6) A form of warrant prepared by an authorised officer under\nsubsection (4)(b) has, if it is in substance identical with the terms of\nthe warrant signed by the justice of the peace, the same authority\nas that of a justice of the peace's warrant issued under\nsubsection (1).\n\nMarine Pollution Act 1999 38\n","sortOrder":61},{"sectionNumber":"62","sectionType":"section","heading":"Authorised officer's general powers for ships and places","content":"62 Authorised officer's general powers for ships and places\n(1) An authorised officer who boards a ship or enters a place under this\nPart (including residential premises at a place or a place used only\nfor living quarters on a ship) may:\n(a) search a part of the ship or place;\n(b) inspect, examine, test, measure, photograph or film anything\nin or on the ship or place or require an object to be tested or\nmeasured;\n(c) take samples of a pollutant, substance or object in or on the\nship or place;\n(d) record, measure, test or analyse the release of a pollutant into\ncoastal waters from the ship;\n(e) copy a document in or on the ship or place;\n(f) take onto or into the ship or place any persons, equipment and\nmaterials the authorised officer reasonably requires for\nexercising a power under this Act;\n(g) install or maintain equipment and materials in or on the ship or\nplace that the authorised officer reasonably requires for a\nmonitoring program for the release of pollutants into coastal\nwaters from the ship;\n(h) require the ship's master, a person in or on the ship or an\noccupier of the place, to give the authorised officer reasonable\nhelp for the exercise of the powers specified in paragraphs (a)\nto (g) (inclusive); or\n(j) for a ship – by written notice given to the person in control of\nthe ship, require the person:\n(i) to bring the ship to a stated place; and\n(ii) to remain in control of the ship at the place for a\nreasonable time,\nto enable the officer to exercise the powers referred to in\nparagraphs (a) to (g) (inclusive).\n(2) If, for any reason, it is not practicable to make a requirement under\nsubsection (1)(j) by written notice, the requirement may be made\norally and confirmed by written notice as soon as practicable.\n\nMarine Pollution Act 1999 39\n(3) An authorised officer must not enter a part of a ship that is used\nonly as a living area, or exercise powers under subsection (1)(a)\nto (g) (inclusive) in relation to the part, unless the authorised officer\nis accompanied by the master or other person in control of the ship.\n(4) Subsection (3) does not apply if the master or other person is\nunavailable or unwilling to accompany the authorised officer or the\nauthorised officer is unable for another reason to comply with the\nsubsection.\n","sortOrder":62},{"sectionNumber":"63","sectionType":"section","heading":"Power to seize objects","content":"63 Power to seize objects\n(1) An authorised officer who under this Part boards a ship or enters a\nplace, including a place on a ship used only as a living area or\nresidential premises at a place, may seize an object in or on the\nship or place if the officer believes, on reasonable grounds:\n(a) the object is evidence of an offence against this Act; and\n(b) the seizure is necessary to prevent the object being:\n(i) concealed, lost or destroyed; or\n(ii) used to commit, continue or repeat the offence.\n(2) Having seized an object, an authorised officer may:\n(a) remove the object from the place where it was seized to\nanother place; or\n(b) leave the object at the place where it was seized but restrict\naccess to the object.\n(3) If an authorised officer restricts access to a seized object, a person\nmust not tamper with the object without the approval of the Chief\nExecutive Officer.\n","sortOrder":63},{"sectionNumber":"64","sectionType":"section","heading":"Procedure after seizure of evidence","content":"64 Procedure after seizure of evidence\n(1) This section does not apply to a ship detained under section 65.\n(2) As soon as practicable after an object is seized by an authorised\nofficer under this Part, the officer must give a receipt for it to the\nperson from whom it was seized.\n(3) The receipt must describe generally each object seized and its\ncondition.\n\nMarine Pollution Act 1999 40\n(4) If, for any reason, it is not practicable to comply with subsection (2),\nthe officer must leave the receipt at the place of seizure in a\nreasonably secure way and in a conspicuous position.\n(5) Subsection (2) does not apply if:\n(a) the object is unattended when seized;\n(b) the object's owner is unknown; and\n(c) the owner cannot be found after reasonable inquiries (given\nthe object's value) have been made.\n(6) Until a seized object is returned or otherwise finally dealt with, an\nauthorised officer must allow a person who would be entitled to a\nseized object if it were not in the officer's possession:\n(a) to inspect it; and\n(b) if it is a document – to make copies of it.\n(7) The officer must return a seized object to the person at the end of:\n(a) 6 months; or\n(b) if a prosecution for an offence involving it is started within\n6 months – the prosecution for the offence and an appeal, if\nany, in relation to the offence.\n(8) Despite subsection (7), the officer must return the seized object to\nthe person immediately the officer is no longer satisfied it is\nnecessary to retain it as evidence.\n(9) However, the officer need not return the seized object if the officer\nbelieves, on reasonable grounds, it is necessary to retain it to\nprevent its use in committing an offence.\n","sortOrder":64},{"sectionNumber":"65","sectionType":"section","heading":"Power to detain ship","content":"65 Power to detain ship\n(1) An authorised officer may detain a ship if the officer has clear\ngrounds for believing an offence against section 14, 21, 27, 31, 38\nor 43 has occurred because of acts or omissions in relation to the\nship in coastal waters.\n(2) The authorised officer may, after detaining a ship, order the ship's\nmaster to move the ship to a stated place that it is reasonable to\nmove it to.\n\nMarine Pollution Act 1999 41\n(3) The ship's master must comply with the order, unless the master\nhas a reasonable excuse.\n(4) The authorised officer may, acting with any necessary and\nreasonable help and force, escort the ship to the place.\n(5) If, before the ship is released from detention, the ship leaves the\nplace, the ship's owner and master each commit an offence, unless\nthere was a reasonable excuse for the ship leaving the place.\n","sortOrder":65},{"sectionNumber":"66","sectionType":"section","heading":"Procedure after detention of ship","content":"66 Procedure after detention of ship\nAs soon as practicable after a ship is detained by an authorised\nofficer under section 65, the officer must give to the ship's master a\nnotice in the approved form stating that the ship:\n(a) is detained; and\n(b) may be released on giving the security in the manner and\nform, determined or to be determined by the Chief Executive\nOfficer under section 86.\n","sortOrder":66},{"sectionNumber":"67","sectionType":"section","heading":"Power to require name and address","content":"67 Power to require name and address\n(1) An authorised officer may require a person to state the person's\nname and address if the officer:\n(a) finds the person committing an offence against this Act; or\n(b) finds the person in circumstances that lead, or has information\nthat leads, the officer to suspect on reasonable grounds the\nperson has just committed an offence against this Act.\n(2) When making the requirement, the authorised officer must warn the\nperson it is an offence to fail to state the person's name and\naddress unless the person has a reasonable excuse.\n(3) The authorised officer may require the person to give evidence of\nthe correctness of the person's name or address if the officer\nsuspects on reasonable grounds that the stated name or address is\nfalse.\n\nMarine Pollution Act 1999 42\n(4) A person must comply with a requirement under subsection (1)\nor (3), unless the person has a reasonable excuse.\n(5) The person does not commit an offence against this section if:\n(a) the authorised officer required the person to state the person's\nname and address on suspicion of the person having\ncommitted an offence against this Act; and\n(b) the person is not found guilty of committing the offence.\n","sortOrder":67},{"sectionNumber":"68","sectionType":"section","heading":"Power to require information from certain persons","content":"68 Power to require information from certain persons\n(1) If an authorised officer suspects on reasonable grounds that:\n(a) an offence against this Act has happened; and\n(b) a person may be able to give information about the offence,\nthe authorised officer may require the person to give information\nabout the suspected offence.\n(2) When making a requirement under subsection (1), the authorised\nofficer must inform the person it is an offence to fail to give the\ninformation unless the person has a reasonable excuse.\n","sortOrder":68},{"sectionNumber":"69","sectionType":"section","heading":"Power to require production of documents","content":"69 Power to require production of documents\n(1) An authorised officer may require a person to produce to the officer\nfor inspection a document required to be kept by the person:\n(a) under this Act;\n(b) under the Commonwealth Navigation Act; or\n(c) under the Protection of the Sea (Prevention of Pollution from\nShips) Act 1983 of the Commonwealth.\n(2) The person must produce the document for inspection, unless he or\nshe has a reasonable excuse.\n(3) The authorised officer may keep the document to make a copy of it.\n(4) If the authorised officer makes a copy of the document, or of an\nentry in the document, the officer may require the person required\nto keep the document to certify the copy as a true copy of the\ndocument or entry.\n\nMarine Pollution Act 1999 43\n(5) The person required to keep the document must comply with a\nrequirement made under subsection (4), unless the person has a\n(6) The authorised officer must return the document to the person as\nsoon as practicable after making the copy.\n","sortOrder":69},{"sectionNumber":"70","sectionType":"section","heading":"Authorised officer's powers in an emergency","content":"70 Authorised officer's powers in an emergency\n(1) If an authorised officer is satisfied on reasonable grounds that:\n(a) a discharge of pollutant into coastal waters has happened or is\nlikely to happen; and\n(b) urgent action is necessary to prevent or minimise the\ndischarge and its effect on the Territory's marine and coastal\nenvironment,\nthe authorised officer may:\n(c) direct a person to take stated reasonable action within a\nstated reasonable time; or\n(d) take the action or authorise someone else to take the action.\n(2) Without limiting subsection (1), reasonable action includes action:\n(a) to remove, destroy or disperse a discharged pollutant;\n(b) to prevent the pollutant from reaching a stated place on water\nor land;\n(c) to mitigate damage or injury caused to a stated place or object\non water or land by the pollutant; and\n(d) to require any person:\n(i) to do something that assists with an action referred to in\nparagraph (a), (b) or (c); or\n(ii) to stop doing something that may interfere with action\nreferred to in paragraph (a), (b) or (c).\n(3) The direction may be given orally or by written notice.\n\nMarine Pollution Act 1999 44\n(4) If the direction is given orally, the authorised officer must, as soon\nas practicable, confirm the direction by written notice given to the\nperson.\n(5) If the authorised officer decides to take the action, the officer may:\n(a) board a ship or enter a place and take the action; and\n(b) in taking the action, exercise any of the powers of an\nauthorised officer (other than investigatory powers) under this\nPart.\n(6) The authorised officer may exercise the powers referred to in\nsubsection (5) with any necessary and reasonable help and force.\n(7) If a person or object is obstructing or preventing an authorised\nofficer from boarding a ship or entering a place or taking action on\nor at a ship or place while the authorised officer is exercising or\nattempting to exercise the powers referred to in subsection (5), a\nmember of the Police Force may, if asked by the authorised officer,\nusing necessary and reasonable force:\n(a) remove the person or object from the place; and\n(b) take all reasonable measures to ensure the person or object\ndoes not again obstruct or prevent the action being taken.\n(8) In exercising or attempting to exercise the powers referred to in\nsubsection (5), an authorised officer must take all reasonable steps\nto ensure the member causes as little inconvenience, and does as\nlittle damage, as is practicable in the circumstances.\n(9) This section does not limit a power an authorised officer has apart\nfrom this section.\n(10) If an authorised officer authorises a person to take action under\nsubsection (1)(d):\n(a) the person may exercise the powers referred to in\nsubsection (5)(a); and\n(b) the officer must inform the person:\n(i) of the action the person is authorised to take;\n(ii) of the person's powers under this section; and\n(iii) in general terms, of section 83.\n\nMarine Pollution Act 1999 45\n(11) Subsections (6), (7) and (8) (so far as they relate to the power\nreferred to in subsection (5)(a)) apply to a person authorised to take\naction under subsection (1)(d) as if the person were an authorised\nofficer.\n","sortOrder":70},{"sectionNumber":"71","sectionType":"section","heading":"Authorised officer may direct emergency release of pollutant","content":"71 Authorised officer may direct emergency release of pollutant\n(1) An authorised officer may give a written direction to a person to\nrelease a pollutant into coastal waters if the officer is satisfied:\n(a) it is necessary and reasonable to release the pollutant\nbecause of an emergency; and\n(b) there is no other practicable alternative to the release.\n(2) The authorised officer may impose reasonable conditions on the\n(3) A person to whom a direction is given must:\n(a) comply with the direction, unless the person has a reasonable\nexcuse; and\n(b) take all reasonable and practicable precautions to prevent or\nminimise:\n(i) harm being caused to the Territory's marine and coastal\nenvironment; and\n(ii) loss or damage to property.\n(4) A person to whom a direction is given does not contravene this Act\nmerely because the person complies with the direction.\n","sortOrder":71},{"sectionNumber":"72","sectionType":"section","heading":"Person given direction in emergency must comply","content":"72 Person given direction in emergency must comply\n(1) An owner or master of a ship to whom a direction is given under\nsection 70(1)(c) must comply with the direction, unless he or she\nhas a reasonable excuse.\n\nMarine Pollution Act 1999 46\n(2) A person, other than an owner or master of a ship, must not\nintentionally fail to comply with a direction under section 70(1)(c) if:\n(a) serious environmental harm results from the failure to comply\n(3) A person, other than an owner or master of a ship, must not fail to\ncomply with a direction under section 70(1)(c) if:\n(a) serious environmental harm results from the failure to comply\n(4) A person, other than an owner or master of a ship, must not\nintentionally fail to comply with a direction under section 70(1)(c) if:\n(a) material environmental harm results from the failure to comply\n(5) A person, other than an owner or master of a ship, must not fail to\ncomply with a direction under section 70(1)(c) if:\n(a) material environmental harm results from the failure to comply\n\nMarine Pollution Act 1999 47\n(6) A person, other than an owner or master of a ship, must not fail to\ncomply with a direction under section 70(1)(c).\n","sortOrder":72},{"sectionNumber":"73","sectionType":"section","heading":"Person must help in emergency if asked to do so","content":"73 Person must help in emergency if asked to do so\n(1) If an authorised officer is taking action under section 70 and the\nofficer requires a person to give reasonable help to the officer under\nsection 62(1)(h) in the exercise of a power, the person must comply\nwith the requirement, unless the person has a reasonable excuse\nfor not complying with it.\n(2) If the help required is the answering of a question or producing of a\ndocument (other than a document required to be held, kept or\nproduced by the person under this Act), it is not a reasonable\nexcuse for the person to fail to answer the question, or produce the\ndocument, on the ground that complying with the requirement might\ntend to incriminate the person.\n(3) When making a requirement referred to in subsection (2), the\nauthorised officer must inform the person of the following:\n(a) the person is obliged to answer the question or produce the\ndocument despite the rule of law about privilege against self-\nincrimination;\n(b) the person may answer the question or produce the document\nsubject to the objection that complying with the requirement\nmight tend to incriminate the person;\n(c) if the person makes the objection – the answer or producing of\nthe document may not be admitted in evidence against the\nperson in a prosecution for an offence against this Act, other\nthan an offence (constituted by the giving of the answer or\nproducing of the document) against section 77 or 78.\n(4) If, before giving the answer or producing the document, the person\nmakes the objection, the answer or producing of the document is\nnot admissible in evidence against the person in a prosecution for\nan offence against this Act, other than an offence (constituted by\n\nMarine Pollution Act 1999 48\nthe giving of the answer or producing of the document) against\nsection 77 or 78.\n","sortOrder":73},{"sectionNumber":"74","sectionType":"section","heading":"Failure to help authorised officer other than in emergency","content":"74 Failure to help authorised officer other than in emergency\n(1) If an authorised officer (other than an officer taking action under\nsection 70) requires a person under section 62(1)(h) to give\nreasonable help to the officer in relation to the exercise of a power\nspecified under section 62(1)(a) to (g) (inclusive), the person must\ncomply with the requirement, unless he or she has a reasonable\nexcuse.\n(2) If the help required is the answering of a question or producing of a\ndocument (other than a document required to be held, kept or\nproduced by the person under this Act), it is a reasonable excuse\nfor the person to fail to answer the question, or produce the\ndocument, if complying with the requirement might tend to\nincriminate the person.\n","sortOrder":74},{"sectionNumber":"75","sectionType":"section","heading":"Failure to obey direction","content":"75 Failure to obey direction\nIf an authorised officer requires a person to do something under\nsection 62(1)(j), the person must comply with the requirement,\n","sortOrder":75},{"sectionNumber":"76","sectionType":"section","heading":"Failure to answer questions","content":"76 Failure to answer questions\n(1) If an authorised officer (other than an authorised officer taking\naction under section 70) requires a person to answer a question\nunder section 68(1), the person must comply with the requirement,\n(2) It is a reasonable excuse for the person to fail to answer the\nquestion if complying with the requirement might tend to incriminate\nthe person.\n(3) The person does not commit an offence against this section if the\ninformation sought by the authorised officer:\n(a) is not in fact relevant to an offence that happened; or\n(b) is about a suspected offence that did not happen.\n\nMarine Pollution Act 1999 49\n","sortOrder":76},{"sectionNumber":"77","sectionType":"section","heading":"False, misleading or incomplete documents","content":"77 False, misleading or incomplete documents\n(1) A person must not give to an authorised officer a document\ncontaining information the person knows is false, misleading or\nincomplete in a material particular.\n(2) Despite subsection (1), a person may give the document if, when\ngiving the document, the person:\n(a) informs the authorised officer, to the best of the person's\nability, how the document is false, misleading or incomplete;\nand\n(b) gives the correct information to the officer if the person has, or\ncan reasonably obtain, the correct information.\n(3) It is enough for a complaint against a person for an offence against\nsubsection (1) to state that the statement made was false,\nmisleading or incomplete to the person's knowledge.\n","sortOrder":77},{"sectionNumber":"78","sectionType":"section","heading":"False or misleading information","content":"78 False or misleading information\n(1) A person must not:\n(a) state anything to an authorised officer the person knows is\nfalse or misleading in a material particular; or\n(b) omit from a statement made to an authorised officer anything\nwithout which the statement is, to the person's knowledge,\nmisleading in a material particular.\n(2) It is enough for a complaint against a person for an offence against\nsubsection (1)(a) or (b) to state that the statement made was false\nor misleading to the person's knowledge.\n","sortOrder":78},{"sectionNumber":"79","sectionType":"section","heading":"Obstruction of authorised persons","content":"79 Obstruction of authorised persons\nA person must not obstruct:\n(a) an authorised officer; or\n(b) a person who is authorised by an authorised officer under\nsection 70(1)(d) to take action,\n\nMarine Pollution Act 1999 50\nin the exercise of a power under this Act, unless the person has a\n","sortOrder":79},{"sectionNumber":"80","sectionType":"section","heading":"Impersonation of authorised officer","content":"80 Impersonation of authorised officer\nA person must not pretend to be an authorised officer.\n","sortOrder":80},{"sectionNumber":"81","sectionType":"section","heading":"Definitions","content":"81 Definitions\nAustralian Maritime Safety Authority has the meaning it has in\nthe Australian Maritime Safety Authority Act 1990 of the\nCommonwealth.\ncargo includes ballast and ships' stores and fuel.\nIntervention Convention means the International Convention\nRelating to Intervention on the High Seas in Cases of Oil Pollution\nCasualties.\nmaritime casualty means:\n(a) a collision of ships;\n(b) a stranding or other incident of navigation; or\n(c) any other event on board a ship or external to it,\nresulting in material damage or imminent threat of material damage\nto a ship or cargo.\n","sortOrder":81},{"sectionNumber":"82","sectionType":"section","heading":"Power to take action if maritime casualty","content":"82 Power to take action if maritime casualty\n(1) If the Chief Executive Officer is satisfied, following a maritime\ncasualty or acts related to a maritime casualty, that there is grave\nand imminent danger to the Territory coastline, or to related\nTerritory interests, from the discharge or threat of discharge of\npollutant into coastal waters that may reasonably be expected to\nresult in major harmful consequences, he or she may take the\nmeasures he or she thinks are necessary to prevent, minimise or\neliminate the danger.\n\nMarine Pollution Act 1999 51\n(2) Before taking measures under subsection (1), the Chief Executive\nOfficer must, to the greatest extent practicable:\n(a) ensure the exercise of the power will not involve a threat to\nhuman life; and\n(b) unless he or she is of the opinion that the power to intervene\nmust be exercised urgently:\n(i) have regard to Australia's obligations under the\nIntervention Convention;\n(ii) consult with the Australian Maritime Safety Authority;\nand\n(iii) consult with the relevant ship's owner.\n(3) The measures that the Chief Executive Officer may take under\nsubsection (1) include taking, with the Minister's written approval,\naction, whether or not directions have been issued under\nsubsection (4) in relation to the ship:\n(a) to move the ship or part of the ship to another place;\n(b) to remove cargo from the ship;\n(c) to salvage the ship, part of the ship or any of the ship's cargo;\n(d) to sink or destroy the ship or part of the ship; or\n(e) to take over control of the ship or part of the ship.\n(4) The measures that the Chief Executive Officer may take under\nsubsection (1) include the issuing of a direction to a ship's owner, a\nship's master, or a salvor in possession of a ship requiring or\nprohibiting the doing of anything in relation to the ship, including:\n(a) the movement of the ship or part of the ship;\n(b) the removal of cargo from the ship;\n(c) the taking of salvage measures in relation to the ship, part of\nthe ship or any of the ship's cargo;\n(d) the sinking or destruction of the ship or part of the ship;\n(e) the sinking, destruction or discharging into the sea of any of\nthe ship's cargo; and\n(f) the handing over of control of the ship or part of the ship.\n\nMarine Pollution Act 1999 52\n(5) The Chief Executive Officer must not issue a direction under\nsubsection (4)(d) without the Minister's written approval.\n(6) Without limiting subsection (4), a direction may:\n(a) require that anything be done in accordance with the direction,\nwith the approval, or in accordance with the instructions, of a\nstated person; or\n(b) prohibit the doing of anything other than in accordance with\nthe direction, with the approval, or in accordance with the\ninstructions, of a stated person.\n(7) This section does not authorise the taking of measures against a\nwarship or other ship owned or operated by a foreign country and\nused, for the time being, only on government non-commercial\nservice.\n(8) The Minister and the Chief Executive Officer must, in relation to the\nexercise of a power under this section:\n(a) have regard to the matters specified in subsection (2); and\n(b) have regard to:\n(i) the extent and probability of imminent damage if the\npower is not exercised;\n(ii) the likelihood of the exercise of the power being\neffective; and\n(iii) the extent of the damage likely to be caused by the\nexercise of the power.\n(9) This section does not limit any other right or power the Territory has\napart from this section.\n","sortOrder":82},{"sectionNumber":"83","sectionType":"section","heading":"Authorised officer to give notice of damage","content":"83 Authorised officer to give notice of damage\n(1) If:\n(a) an authorised officer damages anything in the exercise of a\npower under this Act; or\n\nMarine Pollution Act 1999 53\n(b) a person who is authorised by an authorised officer to take\naction under this Act damages anything in taking the action,\nthe authorised officer must promptly give written notice of the\nparticulars of the damage.\n(2) The notice must be given:\n(a) if the object is a ship or is on a ship – to the ship's master; or\n(b) in any other case – to the person who appears to the\nauthorised officer to be the object's owner.\n(3) If the authorised officer believes the damage was caused by a\nlatent defect in the object or other circumstances beyond the\nofficer's control, the officer may state this in the notice.\n(4) If, for any reason, it is not practicable to comply with subsection (2),\nthe authorised officer must:\n(a) leave the notice at the place where the damage happened;\nand\n(b) ensure the notice is left in a reasonably secured way in a\nconspicuous position.\n(5) This section does not apply to damage the authorised officer\nbelieves, on reasonable grounds, is trivial.\n","sortOrder":83},{"sectionNumber":"84","sectionType":"section","heading":"Compensation","content":"84 Compensation\n(1) A person may claim compensation from the Territory if the person\nincurs loss or expense because of the exercise or purported\nexercise of a power under Part 10, including, for example, in\ncomplying with a requirement made of the person under that Part.\n(2) Payment of compensation may be claimed and ordered:\n(a) in a proceeding brought in a court with jurisdiction for the\nrecovery of compensation; or\n(b) in a proceeding for an offence against this Act brought against\nthe person making the claim for compensation.\n(3) A court may order the payment of compensation for the loss or\nexpense only if it is satisfied it is just to make the order in the\ncircumstances of the particular case.\n\nMarine Pollution Act 1999 54\n(4) The Regulations may prescribe matters that may or are to be taken\ninto account by the court when considering whether it is just to\norder the payment of compensation.\n","sortOrder":84},{"sectionNumber":"85","sectionType":"section","heading":"Recovery of discharge expenses and expenses incurred in an","content":"85 Recovery of discharge expenses and expenses incurred in an\nemergency\n(1) The Territory may, in a court of competent jurisdiction, recover\ndischarge expenses as a debt due and payable from:\n(a) the master and owner of the ship from which the pollutant was\ndischarged or was likely to have been discharged; and\n(b) other persons causing the discharge.\n(2) The Territory may, in a court of competent jurisdiction, recover the\ncosts incurred by an authorised officer or by a person authorised\nunder section 70(1)(d) in taking action under section 70 in relation\nto a discharge of a pollutant.\n(3) Costs referred to in subsection (2) are recoverable as a debt due\nand payable by:\n(a) the master and owner of the ship from which the pollutant was\ndischarged or was likely to have been discharged; and\n(b) other persons causing the discharge of the pollutant.\n","sortOrder":85},{"sectionNumber":"86","sectionType":"section","heading":"Detained ship must be released on giving security","content":"86 Detained ship must be released on giving security\n(1) The Chief Executive Officer must release a ship detained by an\nauthorised officer if a security or guarantee is given under this\nsection.\n(2) The amount of the security must be enough, in the Chief Executive\nOfficer's opinion, to cover:\n(a) the Territory's discharge expenses in relation to the ship;\n(b) the penalty likely to be payable if a successful prosecution for\nan offence against section 14, 21, 27, 31, 34, 38 or 43 were to\nbe taken; and\n(c) interest on the discharge expenses.\n\nMarine Pollution Act 1999 55\n(3) The security may be provided in one or more of the following forms,\nor in another form, the Chief Executive Officer considers\nappropriate:\n(a) a bank guarantee;\n(b) a bond;\n(c) an insurance policy.\n(4) The Chief Executive Officer must make a decision about the\namount and form of security or guarantee within a reasonable time.\n","sortOrder":86},{"sectionNumber":"87","sectionType":"section","heading":"Other ways detained ship may be released","content":"87 Other ways detained ship may be released\n(1) A ship detained by an authorised officer must also be released if:\n(a) a proceeding is started for a discharge offence involving the\nship and the proceeding is discontinued;\n(b) a proceeding started for a discharge offence involving the ship\nis concluded, whether or not an appeal is pending, without\nanyone being found guilty or discharge expenses being\nawarded against anyone;\n(c) a proceeding for a discharge offence involving the ship is\nconcluded and all discharge expenses ordered to be paid and\nall penalties imposed have been paid;\n(d) the Chief Executive Officer has sought to recover discharge\nexpenses as a debt and the amount of the expenses has been\npaid; or\n(e) the Chief Executive Officer decides for any other reason the\nship should be released.\n(2) In this section, discharge offence means an offence against\nsection 14, 21, 27, 31, 38 or 43.\n","sortOrder":87},{"sectionNumber":"88","sectionType":"section","heading":"Claims on security","content":"88 Claims on security\n(1) This section applies if the Territory incurs discharge expenses in\nrelation to a discharge of a pollutant from a ship into coastal waters.\n(2) The Chief Executive Officer may recover the discharge expenses\nby making a demand against the security or part of it.\n(3) Before making the demand against the security, the Chief\nExecutive Officer must give to the security giver a written notice\nunder this section.\n\nMarine Pollution Act 1999 56\n(4) The notice is to:\n(a) outline the action taken;\n(b) state the amount to be demanded against the security; and\n(c) invite the person to make written representations to the Chief\nExecutive Officer to show, within a stated time of at least\n30 days, why the demand should not be made.\n(5) If, after considering all written representations made within the\nstated time, the Chief Executive Officer decides grounds still exist\nto make the demand for the amount or a lesser amount, the Chief\nExecutive Officer must immediately give written notice to the\nsecurity giver of the decision.\n(6) The notice is to:\n(a) state the reasons for the decision;\n(b) state that the security giver may appeal against the decision to\nthe appropriate court within 30 days; and\n(c) enclose a copy of section 89.\n(7) If notice is given under subsection (6), the Chief Executive Officer\nmust not make the demand until:\n(a) the time to appeal against the decision has ended; and\n(b) if an appeal is made against the decision – the appeal is finally\ndecided.\n(8) If the Chief Executive Officer makes the demand, the security\nprovider:\n(a) is not required to inquire into the correctness or lawfulness of\nthe Chief Executive Officer's demand; and\n(b) must pay the security, or the part of it demanded, to the\nTerritory.\n(9) In this section:\nsecurity giver means the ship's owner or other person who\narranged for the security to be given.\nsecurity provider means the person providing the security.\n\nMarine Pollution Act 1999 57\n","sortOrder":88},{"sectionNumber":"89","sectionType":"section","heading":"Appeals","content":"89 Appeals\n(1) A person whose interests are affected by a decision under\nsection 88 may appeal to:\n(a) if the amount the Chief Executive Officer seeks to claim or\nrealise is an amount not more than the amount of the\nmonetary limit that could be recovered for a debt under the\nLocal Court Act 2015 – the Local Court; or\n(b) in any other case – the Supreme Court.\n(2) An appeal is to be by way of a rehearing but a party to an appeal\nmay present new evidence at the appeal hearing.\n(3) Costs of the appeal lie in the court's discretion.\n","sortOrder":89},{"sectionNumber":"90","sectionType":"section","heading":"Responsibility for acts or omissions of representatives","content":"90 Responsibility for acts or omissions of representatives\n(1) If, in a proceeding for an offence against this Act, it is relevant to\nprove a person's state of mind about a particular act or omission, it\nis enough to show:\n(a) the act or omission was done or omitted to be done by a\nrepresentative of the person within the scope of the\nrepresentative's actual or apparent authority; and\n(b) the representative had the state of mind.\n(2) An act or omission done or omitted to be done for a person by a\nrepresentative of the person within the scope of the representative's\nactual or apparent authority is to be taken, in a proceeding for an\noffence against this Act, to have been done or omitted to be done\nalso by the person, unless the person proves the person took all\nreasonable steps to prevent the act or omission.\n(3) In this section:\nrepresentative, in relation to a person, means:\n(a) if the person is a corporation – an executive officer, employee\nor agent of the corporation; or\n(b) if the person is an individual – an employee or agent of the\nindividual.\n\nMarine Pollution Act 1999 58\nstate of mind, in relation to a person, includes:\n(a) the person's knowledge, intention, opinion, belief or purpose;\nand\n(b) the person's reasons for the intention, opinion, belief or\npurpose.\n","sortOrder":90},{"sectionNumber":"91","sectionType":"section","heading":"Executive officers must ensure corporation complies with Act","content":"91 Executive officers must ensure corporation complies with Act\n(1) The executive officers of a corporation must ensure that the\ncorporation complies with this Act.\n(2) If a corporation commits an offence against a provision of this Act,\neach executive officer of the corporation:\n(a) commits an offence, namely, the offence of failing to ensure\nthat the corporation complies with this Act; and\n(b) is liable to the penalty that may be imposed if a natural person\nhad contravened the provision.\n(3) Evidence that the corporation has committed an offence against\nthis Act is evidence that each of the executive officers committed\nthe offence of failing to ensure that the corporation complies with\nthis Act.\n(4) However, it is a defence for an executive officer to prove that:\n(a) if the officer was in a position to influence the conduct of the\ncorporation in relation to the offence – the officer took all\nreasonable steps to ensure the corporation complied with the\nprovision; or\n(b) the officer was not in a position to influence the conduct of the\ncorporation in relation to the offence.\n","sortOrder":91},{"sectionNumber":"92","sectionType":"section","heading":"No time limit for commencing proceedings","content":"92 No time limit for commencing proceedings\nA proceeding for an offence against this Act may be brought at any\ntime.\n","sortOrder":92},{"sectionNumber":"93","sectionType":"section","heading":"Continuing offences","content":"93 Continuing offences\nIf a court is satisfied on finding a person guilty of an offence against\na provision of this Act that the person continued to contravene, or to\nfail to comply with, the provision after the date when he or she was\nnotified of the alleged offence, the Court may, in addition to the\n\nMarine Pollution Act 1999 59\npenalty, if any, specified for the offence, impose a further penalty in\nrespect of each day during which the offence continued to be\ncommitted after the first day on which it was committed not\nexceeding:\n(a) if the offence is an environmental offence level 1 – 220 penalty\n(b) if the offence is an environmental offence level 2 – 85 penalty\n(c) if the offence is an environmental offence level 3 – 40 penalty\n(d) if the offence is an environmental offence level 4 – 4 penalty\n(e) if the penalty is expressed as a number of penalty units and\nthe offence is not an offence against section 49(4) – 4 penalty\nunits.\n","sortOrder":93},{"sectionNumber":"94","sectionType":"section","heading":"Court may make orders about compensation and other matters","content":"94 Court may make orders about compensation and other matters\n(1) If the court finds the defendant has discharged a pollutant into\ncoastal waters in contravention of this Act, the court may order the\ndefendant to do either or both of the following:\n(a) pay to the Territory the amount the Territory could have\nrecovered under section 85;\n(b) take stated action to rehabilitate or restore the Territory's\nmarine and coastal environment damaged because of the\ncontravention.\n(2) An order under subsection (1) is in addition to any penalty or other\norder the court may make or impose under this Act.\n(3) In particular, this section does not limit the court's powers under the\nSentencing Act 1995 or any other law.\n","sortOrder":94},{"sectionNumber":"95","sectionType":"section","heading":"Evidentiary provisions","content":"95 Evidentiary provisions\n(1) This section applies to a proceeding under this Act.\n(2) Unless a party, by reasonable notice, requires proof of:\n(a) the appointment of the Chief Executive Officer or an\nauthorised officer or analyst; or\n\nMarine Pollution Act 1999 60\n(b) the authority of the Chief Executive Officer or an authorised\nofficer to do anything under this Act,\nthe appointment or authority is to be presumed.\n(3) A signature purporting to be the signature of the Chief Executive\nOfficer, an authorised officer or analyst is evidence of the signature\nit purports to be.\n(4) A certificate purporting to be signed by the Minister stating that a\nstated person is or was the Chief Executive Officer at a time or\nduring a stated period is evidence of the matter stated in the\ncertificate.\n(5) A certificate purporting to be signed by the Chief Executive Officer\nstating any of the following matters is evidence of the matter:\n(a) a stated document is:\n(i) an appointment or approval or a copy of an appointment\nor approval;\n(ii) a direction or decision, or a copy of a direction or\ndecision, given or made under this Act; or\n(iii) a record or document, a copy of a record or document,\nor an extract from a record or document, kept under this\nAct;\n(b) on a stated day, or during a stated period, a stated person\nwas or was not the holder of an approval or a stated approval;\n(c) a stated approval was or was not in force on a stated day or\nduring a stated period;\n(d) on a stated day, a stated person was given a stated order or\ndirection under this Act;\n(e) a stated amount is payable under this Act by a stated person\nand has not been paid;\n(f) a stated substance is a pollutant;\n(g) an instrument, equipment or installation was used in\naccordance with conditions prescribed by the Regulations for\nits use;\n(h) a type of document is a document prescribed in the\nRegulations.\n\nMarine Pollution Act 1999 61\n(6) In a complaint, a statement that the matter of the complaint came to\nthe complainant's knowledge on a stated day is evidence of the\nmatter.\n(7) The production by the prosecutor of a signed analyst's report\nstating any of the following matters is evidence of them:\n(a) the analyst took, or received from a stated person, the sample\nreferred to in the report;\n(b) the analyst analysed the sample on a stated day, or during a\nstated period, and at a stated place;\n(c) the results of the analysis.\n(8) An instrument, equipment or installation prescribed by the\nRegulations that is used by an authorised officer or analyst in\naccordance with the conditions (if any) prescribed in the\nRegulations is taken to be accurate and precise in the absence of\nevidence to the contrary.\n(9) In a proceeding in which the Chief Executive Officer applies to\nrecover the costs and expenses incurred by him or her in relation to\nthe discharge of a pollutant, a certificate by the Chief Executive\nOfficer stating that stated costs and expenses were incurred and\nthe way and purpose for which they were incurred, is evidence of\nthe matters stated in the certificate.\n","sortOrder":95},{"sectionNumber":"96","sectionType":"section","heading":"Analyst's certificate or report produced by defendant","content":"96 Analyst's certificate or report produced by defendant\n(1) The production by the defendant in a prosecution of a signed\nanalyst's report stating any of the following matters is evidence of\nthem:\n(a) the analyst took, or received from a stated person, the sample\nreferred to in the report;\n(b) the analyst analysed the sample on a stated day, or during a\nstated period, and at a stated place;\n(c) the results of the analysis.\n(2) The defendant must send a copy of the report to the prosecutor at\nleast 7 days before the day set down for the hearing.\n\nMarine Pollution Act 1999 62\n","sortOrder":96},{"sectionNumber":"97","sectionType":"section","heading":"Service of documents","content":"97 Service of documents\n(1) A document may be served on a ship's master by leaving it:\n(a) if, at the time of service, there is a person on board who is\napparently in charge of the ship – with the person, after\nexplaining to the person the purpose of the document; or\n(b) otherwise – in a reasonably secure way in a conspicuous\nposition near the ship's controls.\n(2) If a document is required or permitted to be served on a ship's\nmaster and it is impracticable to serve the document on the ship's\nmaster, the document may be served on:\n(a) the ship's owner, including a previous owner of the ship; or\n(b) the ship owner's agent, including a previous agent of the\nowner of the ship.\n(3) A document is taken to be served on all owners of a ship if it is\nserved on:\n(a) an owner of the ship, including a previous owner of the ship;\nor\n(b) the ship's master; or\n(c) an owner's agent, including a previous agent of an owner of\nthe ship.\n(4) Nothing in this section affects:\n(a) the operation of another law that requires or permits service of\na document other than as provided in this section; or\n(b) the court's power to authorise service of a document other\nthan as provided in this section.\n(5) In this section:\nprevious owner, in relation to a ship, means the owner of the ship\nat the time the conduct occurred that is the subject of the document\nbeing served.\nprevious agent, in relation to a ship's owner, means the ship\nowner's agent at the time the conduct occurred that is the subject of\nthe document being served.\n\nMarine Pollution Act 1999 63\n","sortOrder":97},{"sectionNumber":"98","sectionType":"section","heading":"Codes of practice","content":"98 Codes of practice\n(1) For the purpose of providing practical guidance on any matter\nrelating to this Act, the Minister may by notice in the Gazette,\napprove a code of practice.\n(2) A code of practice may consist of a code, standard, rule,\nspecification or provision relating to matters in this Act formulated,\nprepared or adopted by the Agency allocated primary responsibility\nfor administration of this Act under an Administrative Arrangements\nOrder and may apply, incorporate or refer to a document formulated\nor published by a body or authority as in force at the time the code\nof practice is approved or as amended, formulated or published\nfrom time to time.\n(3) A notice under subsection (1) is to indicate where a copy of the\napproved code of practice to which it relates, and all documents\nincorporated or referred to in the code, may be inspected by\nmembers of the public without charge, and the times during which it\nmay be inspected.\n(4) The Chief Executive Officer is to ensure that a code of practice\nadopted, referred to or incorporated by section 26 or under this\nsection or the Regulations is made available for inspection or\npurchase by a member of the public:\n(a) at an office of the Agency; and\n(b) during the normal business hours of the Agency.\n","sortOrder":98},{"sectionNumber":"98A","sectionType":"section","heading":"Approved forms","content":"98A Approved forms\nThe Chief Executive Officer may approve forms for this Act.\n","sortOrder":99},{"sectionNumber":"99","sectionType":"section","heading":"Regulations","content":"99 Regulations\n(1) The Administrator may make regulations, not inconsistent with this\nAct, prescribing matters:\n(a) required or permitted by this Act to be prescribed; or\n(b) necessary or convenient to be prescribed for carrying out or\ngiving effect to this Act.\n(2) Without limiting subsection (1), the Regulations may make provision\nfor the following:\n(a) marine pollution and issues about marine pollution;\n\nMarine Pollution Act 1999 64\n(b) a matter necessary or convenient for giving further effect to\nMARPOL or another treaty, convention or international\nagreement or document about marine pollution;\n(c) the way in which the tonnage of a ship is decided;\n(d) keeping oil pollution emergency plans, including shipboard oil\npollution emergency plans;\n(e) the standard of holding tanks;\n(f) the standard of reception facilities;\n(g) keeping records, including, for example, an oil or cargo record\nbook and a garbage record book, and the nature of the entries\nto be made in the records;\n(h) the period for which, and the place at which, the records must\nbe kept;\n(j) records that must be sent to the Chief Executive Officer and\ntheir custody or disposal after receipt;\n(k) imposition of fees;\n(m) taking and analysis of samples by an analyst;\n(n) ensuring the integrity and security of samples;\n(p) prescribing the cost of labour used for a purpose connected\nwith a discharge of pollutant;\n(q) prescribing penalties for offences against the Regulations,\ndesignating an offence against the Regulations to be an\nenvironmental offence level 3 or level 4 within the meaning of\nthe Environmental Offences and Penalties Act 1996 or\ndesignating an offence against the Regulations to be a\nregulatory offence;\n(r) prescribing a person or body to be an enforcement agency for\nthe purposes of the Fines and Penalties (Recovery) Act 2001;\n(s) provide for the payment of a prescribed amount instead of a\npenalty that may otherwise be imposed for an offence (other\nthan an environmental offence within the meaning of the\nEnvironmental Offences and Penalties Act 1996) against this\nAct or the Regulations and for the service of a notice relating\nto payment of the amount on a person alleged to have\ncommitted the offence and the particulars to be included in\nthat notice.\n\nMarine Pollution Act 1999 65\n(3) Without limiting subsection (1) or (2), a regulation may also be\nmade:\n(a) giving effect to Annex II, regulation 8 to MARPOL;\n(b) declaring a stated liquid substance is:\n(i) designated in Annex II, Appendix II; and\n(ii) categorised as a category A, B, C or D substance;\n(c) removing a stated noxious liquid substance from Appendix II;\n(d) declaring a stated liquid substance has been provisionally\nassessed under Annex II, regulation 3(4) as a category A, B,\nC or D substance;\n(e) recategorising a category A, B, C or D substance; and\n(f) for a category A substance – declaring a residual\nconcentration stated in the regulation is taken to be the\nresidual concentration prescribed for the substance in\nAppendix II, column III or IV.\n(4) The Regulations may provide that contravention of a regulation is\nan offence, including a regulatory offence, and prescribe a penalty\nof not more than 100 penalty units.\n(5) The Regulations may incorporate or adopt by reference the\nprovisions of any document, standard, rule, specification or method\nformulated, issued, prescribed or published by any authority or\nbody whether:\n(a) wholly or partly, or as amended by the Regulations;\n(b) as formulated, issued, prescribed or published at the time the\nRegulations are made or at any time before then; or\n(c) as amended after the making of the Regulations.\n(6) If the Regulations specify in accordance with subsection (5)(c) that\na document, standard, rule, specification or method that is\nincorporated in or adopted by the Regulations may incorporate\namendments made to it after the Regulations were made, an\namendment to the document, standard, rule, specification or\nmethod is of no effect until the Minister has published in the\nGazette a notice that the particular amendment is to be\nincorporated in the Regulations.\n\nMarine Pollution Act 1999 66\n","sortOrder":100},{"sectionNumber":"100","sectionType":"section","heading":"Repeal","content":"100 Repeal\nThe Ordinances specified in the Schedule are repealed.\n\nMarine Pollution Act 1999 67\nsection 100\nPrevention of Pollution of Waters by Oil Ordinance 1962 No. 27, 1962\nPrevention of Pollution of Waters by Oil Ordinance 1970 No. 19, 1971\nPrevention of Pollution of Waters by Oil Ordinance 1972 No. 13, 1972\n\nMarine Pollution Act 1999 68\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n","sortOrder":101},{"sectionNumber":"2","sectionType":"section","heading":"LIST OF LEGISLATION","content":"2 LIST OF LEGISLATION\nMarine Pollution Act 1999 (Act No. 43, 1999)\nAssent date 10 November 1999\nCommenced pt 5: nc; rem: 25 June 2003 (Gaz G25, 25 June 2003, p 2)\nFines and Penalties (Recovery) (Consequential Amendments) Act 2001 (Act No. 60,\n2001)\nAssent date 11 December 2001\nCommenced 1 January 2002 (s 2, s 2 Fines and Penalties (Recovery)\nAct 2001 (Act No. 60, 2001) and Gaz G50,\n","sortOrder":102},{"sectionNumber":"19","sectionType":"section","heading":"December 2001, p 3)","content":"19 December 2001, p 3)\nStatute Law Revision Act 2001 (Act No. 62, 2001)\nAssent date 11 December 2001\nCommenced 11 December 2001\nStatute Law Revision Act 2002 (Act No. 18, 2002)\nAssent date 7 June 2002\nCommenced 7 June 2002\nStatute Law Revision Act (No. 2) 2004 (Act No. 54, 2004)\nAssent date 15 September 2004\nCommenced 27 October 2004 (Gaz G43, 27 October 2004, p 3)\nPenalties Amendment (Miscellaneous) Act 2013 (Act No. 23, 2013)\nAssent date 12 July 2013\nCommenced 28 August 2013 (Gaz G35, 28 August 2013, p 2)\nLocal Court (Related Amendments) Act 2016 (Act No. 8, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related\nAmendments) Act 2016 (Act No. 9, 2016) and Gaz S34,\n29 April 2016)\n\nMarine Pollution Act 1999 69\nStatute Law Revision and Repeals Act 2019 (Act No. 33, 2019)\nAssent date 6 November 2019\nCommenced pts 2 and 3: nc; rem: 7 November 2019 (s 2)\nMarine Pollution Legislation Amendment Act 2020 (Act No. 5, 2020)\nAssent date 9 March 2020\nCommenced 10 March 2020 (s 2)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22 of 2018) to: ss 1, 6, 89, 94 and 99.\n4 LIST OF AMENDMENTS\ns 4 amd No. 5, 2020, s 4\ns 6 amd No. 33, 2019, s 49; No. 5, 2020, s 5\ns 7 amd No. 62, 2001, s 11\ns 8 sub No. 5, 2020, s 6\ns 8A ins No. 5, 2020, s 6\ns 10 amd No. 5, 2020, s 17\ns 17 amd No. 23, 2013, s 12\ns 24 amd No. 23, 2013, s 12\ns 26 amd No. 18, 2002, s 3\ns 34 amd No. 23, 2013, s 12\ns 41 amd No. 18, 2002, s 3; No. 23, 2013, s 12; No. 5, 2020, s 7\ns 45 amd No. 23, 2013, s 12\ns 47 amd No. 23, 2013, s 12\ns 48 amd No. 5, 2020, s 17\ns 49 amd No. 23, 2013, s 12; No. 5, 2020, s 17\ns 50 amd No. 23, 2013, s 12; No. 5, 2020, s 8\ns 52 amd No. 23, 2013, s 12\ns 54 amd No. 5, 2020, s 17\ns 57 amd No. 23, 2013, s 12\ns 61 amd No. 8, 2016, s 45\ns 63 amd No. 23, 2013, s 12\ns 65 amd No. 23, 2013, s 12\ns 66 amd No. 5, 2020, s 9\ns 67 amd No. 23, 2013, s 12\ns 69 amd No. 23, 2013, s 12\nss 73 – 80 amd No. 23, 2013, s 12\ns 92 amd No. 8, 2016, s 45\nsub No. 5, 2020, s 10\ns 93 amd No. 23, 2013, s 12\ns 97 amd No. 5, 2020, s 11\ns 98A ins No. 5, 2020, s 12\ns 99 amd No. 60, 2001, s 18; No. 54, 2004, s 7","sortOrder":103}],"analysis":{"issue_detection":{"absurdities":[{"type":"other","section":"Sections 56(2) and 61(2), referring to section 62(1)(h)","severity":"medium","reasoning":"Section 62(1)(h) allows an authorised officer to require specified people to give reasonable help. It does not provide for authorising them. Sections 56(2) and 61(2) depend on a category of person authorised under that paragraph that the supplied text does not create.","confidence":0.94,"description":"Both provisions refer to a person authorised under section 62(1)(h), but that paragraph provides for requiring reasonable help, not authorising a person to exercise powers.","source_quotes":["a person authorised by the officer under section 62(1)(h),","a person\nauthorised under section 62(1)(h) to enter the residential\npremises specified in the warrant;","require the ship's master, a person in or on the ship or an\noccupier of the place, to give the authorised officer reasonable\nhelp for the exercise of the powers specified in paragraphs (a)\nto (g) (inclusive);"]}],"contradictions":[]},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":2638},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The Act remains focused on its original purpose of preventing ship-sourced marine pollution and implementing MARPOL. While it includes extensive enforcement machinery (boarding powers, detention, corporate liability), these provisions are necessary adjuncts to give effect to the substantive prohibitions rather than expansions beyond the original intent. The inclusion of uncommenced sewage provisions (Part 5) was contemplated in the original purpose clause (section 5(2)(b)) and does not represent scope creep."},"complexity_factors":["Four-tiered offence matrix (sections 14, 21, 27, 31, 38, 43) combining mental state (intentional vs reckless vs strict liability) with environmental outcome (serious vs material harm), creating 4-6 separate offence variants for each pollutant type","Extensive external referencing: defines key terms by reference to MARPOL (International Convention), Commonwealth Navigation Act 1912, and the International Maritime Dangerous Goods Code (sections 6, 7, 26)","Complex nested definitions of 'owner' (section 8A) including demise charterers, time charterers, beneficial interest holders, and persons with 'overall control and management'; and 'agent' (section 8) with temporal duration rules tied to voyage stages","Uncommenced provisions (Part 5, sections 30-35) creating a 'ghost regime' for sewage that is drafted but legally inactive, causing uncertainty about current obligations","Detailed enforcement procedures including telephone warrants for residential entry (section 61), specific evidentiary presumptions (section 95), and complex security/bonding requirements for detained ships (sections 86-88) with appeal mechanisms","Multiple conditional defences requiring cumulative elements (e.g., section 15(2) requires proof of inspection systems, undetectable damage, and reasonable precautions post-damage)"],"plain_english_summary":"**What this law does:**\nThis is the Northern Territory's main law to stop ships from polluting coastal waters. It implements Australia's obligations under an international treaty called **MARPOL** (the International Convention for the Prevention of Pollution from Ships).\n\n**Who it affects:**\n*   **Ship owners and masters** (captains) of any vessel in NT coastal waters—including oil tankers, cargo ships, fishing vessels, and even aircraft on the water.\n*   **Shipping agents** who arrange berthing, repairs, or cargo handling.\n*   **Port and terminal operators**, who must provide facilities for ships to dump waste safely on land.\n\n**What it prohibits:**\nThe Act bans the discharge of specific pollutants into the sea:\n*   **Oil** (Part 2)\n*   **Noxious liquid chemicals** in bulk (Part 3)\n*   **Packaged harmful substances** (like dangerous goods in containers) (Part 4)\n*   **Garbage** (plastics, food waste, operational waste) (Part 6)\n*   **Sewage** (Part 5—*note: these sections are written but not yet in force*)\n*   **Pollutants during transfer operations** (loading/unloading fuel or cargo) (Part 7)\n\n**How penalties work:**\nThe Act uses a **tiered penalty system** based on how bad the pollution was and what the offender was thinking:\n*   **Level 1 (most serious):** Intentional discharge causing serious environmental harm.\n*   **Level 2:** Reckless or negligent discharge causing serious harm; or intentional discharge causing material harm.\n*   **Level 3:** Negligent discharge causing material harm.\n*   **Level 4 (strict liability):** Simply ensuring the discharge doesn't happen—regardless of intent or knowledge.\n\n**Powers given to officials:**\n*   **Authorised officers** can board ships without a warrant, inspect documents, take samples, and seize evidence.\n*   They can **detain ships** (effectively arresting the vessel) until the owner pays a security bond to cover cleanup costs and potential fines.\n*   In **emergencies**, they can direct people to take action to stop pollution, or even take control of and sink a ship to prevent a larger disaster (Part 12).\n*   Residential premises require consent or a warrant (which can be obtained by phone in urgent cases).\n\n**Key practical requirements:**\n*   Larger ships must carry **shipboard oil pollution emergency plans** and **garbage record books**.\n*   Ships must display placards about garbage disposal rules.\n*   Ports must provide **reception facilities** so ships can offload oily waste, chemicals, and garbage rather than dumping it at sea.\n*   Masters must report any discharge or likely discharge to authorities immediately.\n\n**Why it matters:**\nIt protects the NT's marine environment—fishing grounds, tourist attractions, and coastal communities—from toxic spills and plastic waste, while aligning NT law with global shipping standards."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act as in force omits Part 5 (sewage) from operation (ss30–35 uncommenced), so current regulatory scope excludes the sewage controls originally enacted but not commenced. Subsequent amendments altered key definitions (eg. agent and owner definitions — ss8,8A) and increased reliance on Regulations and CEO decisions for technical standards, exemptions and penalties (s99). These features mean practical scope depends heavily on uncommenced provisions, delegated Regulations and Gazette notices (ss7,16,99)."},"complexity_factors":["Extensive cross‑reference to international instruments (MARPOL and IMDG) giving effect to external standards and staged adoption by Gazette notice (ss5,7,26(1)-(3))","Large delegation of substantive detail to Regulations and the Chief Executive Officer (exceptions, technical standards, fees, records, holding tanks) creating implementation discretion (ss16,23,29,34,41,99)","Layered offence regime with environmental offence levels and regulatory offences, and no time limit for prosecutions (ss6(2),14,21,38,92)","Broad enforcement powers for authorised officers: boarding, entry to places, search, seizure, detention of ships and warrant procedures (ss51-57,61-65,62-63)","Strong emergency powers allowing directions, emergency action and even authorised emergency releases, coupled with criminal penalties for non‑compliance (ss70-71,72-73)","Financial liability and recovery regime: Territory may recover discharge expenses, require securities to release detained ships and make claims on those securities (ss83-88,85-86)","Multiple statutory defences tied to safety, accidental damage and approved emergency responses — factual inquiries necessary in prosecutions (ss15,22,28,44)","Evidentiary provisions give presumptions and certificate-based evidence (analyst reports, CEO certificates), shifting practical burdens in proceedings (ss95-96)","Interaction and partial overlap with Commonwealth laws and conventions, and specific exemptions for defence and foreign government ships, complicating jurisdictional application (s4(4),s81-82)","Uncommenced provisions (Part 5, ss30–35) meaning the Act’s coverage on sewage is incomplete and subject to future commencement decisions (top matter; ss30-35)"],"plain_english_summary":"This Act implements key MARPOL obligations in the Northern Territory by banning discharges from ships of oil, noxious liquids, packaged harmful substances and garbage into coastal waters, and by giving authorised officers powers to board, seize, detain ships and require securities. Ship owners, masters (and in places agents and corporate executive officers) face penalties, liability for cleanup costs and must keep plans, records and reception facilities. The Chief Executive Officer and authorised officers decide enforcement actions, approvals and the amount/form of security (see ss5,14,48,65,85,86)."}},"importantCases":[],"_links":{"self":"/api/acts/marine-pollution-act-1999","history":"/api/acts/marine-pollution-act-1999/history","analysis":"/api/acts/marine-pollution-act-1999/analysis","conflicts":"/api/acts/marine-pollution-act-1999/conflicts","importantCases":"/api/acts/marine-pollution-act-1999/important-cases","documents":"/api/acts/marine-pollution-act-1999/documents"}}