221Ships that are believed to have discharged marine pollutants may be detained

221 Ships that are believed to have discharged marine pollutants may be detained

221 Ships that are believed to have discharged marine pollutants may be detained

(1) This section applies to any of the following discharges, whether or not there would be a lawful defence or excuse to a charge for an offence relating to the discharge—

(a) a discharge of oil into State waters,

(b) a discharge of a noxious liquid substance into State waters (but only where it occurs from a ship that is subject to a chemical tanker construction certificate certifying the ship to carry noxious liquid substances in bulk),

(c) the jettisoning of a harmful substance in packaged form from a ship into State waters,

(d) a discharge of sewage from a large ship into State waters,

(e) a discharge of garbage from a ship into State waters.

(2) A ship in State waters may be detained by a person authorised by the Minister for the purposes of this section if the Minister has reasonable cause to believe—

(a) that a discharge to which this section applies has occurred from the ship, and

(b) that, if the Minister were to establish that the discharge had occurred from the ship, the Minister could take proceedings to recover the costs and expenses incurred by the Minister in taking action in relation to that discharge under this Act.

s 221: Am 2021 No 8, Schs 1.1[89] [90], 1.2[207].