93CDischarge of sewage generally

#### 93C Discharge of sewage generally (1) A person is guilty of an offence if: (a) the person engages in conduct; and (b) the conduct causes the discharge of sewage in, or into, the Marine Park; and (c) the person: (i) is reckless as to whether sewage will be discharged in, or into, the Marine Park; or (ii) is negligent as to whether sewage will be discharged in, or into, the Marine Park otherwise than as authorised by regulation 93D or 93E. Penalty: 50 penalty units. (2) For subregulation (1): > engage in conduct has the same meaning as in the Criminal Code. (3) Subregulation (1) does not apply if the sewage is discharged in a zone and the person holds any necessary permission required under the Zoning Plan to authorise such a discharge of sewage in the zone. (4) However, it is a defence to a prosecution under subregulation (1) if the sewage is discharged from a vessel or aircraft: (a) because of accidental damage to the vessel or aircraft and all reasonable precautions were taken before and after the occurrence of the damage to prevent or minimise the escape of sewage; or (b) for the purpose of saving life at sea or securing the safety of the vessel or aircraft. > Note: A defendant bears an evidential burden in relation to matters in subregulation (4)—see Criminal Code, subsection 13.3(3).