100Obligation to carry shipboard marine pollution emergency plan for noxious liquid substances

100 Obligation to carry shipboard marine pollution emergency plan for noxious liquid substances

100 Obligation to carry shipboard marine pollution emergency plan for noxious liquid substances

(1) The master and the owner of a prescribed ship that is in State waters are each guilty of an offence if there is not a shipboard marine pollution emergency plan for noxious liquid substances that complies with this Division, and is approved by the Minister, on board the ship.

Maximum penalty—$55,000.

(2) In proceedings for an offence against this section in relation to a ship, it is sufficient for the prosecution to allege and prove that a ship is a prescribed ship and that it was in State waters without a shipboard marine pollution emergency plan for noxious liquid substances that complies with this Division on board.

(3) In this section—

prescribed ship means an Australian ship—

(a) that has a gross tonnage of 150 or more, and

(b) that is certified to carry noxious liquid substances in bulk.

Editor’s note.

See Reg 17.1 of Annex II of MARPOL.

s 100: Am 2021 No 8, Sch 1.2[100] [101].