26Failing to retain oil residues

26 Failing to retain oil residues

26 Failing to retain oil residues

(1) The master and the owner of a ship are each guilty of an offence if any oil residues that cannot be discharged from the ship into State waters without the commission of an offence against section 15 are not retained on board the ship while the ship is in State waters.

Maximum penalty—

(a) in the case of an individual—$500,000, or

(b) in the case of a corporation—$10,000,000.

Example.

A ship leaves Port A with a quantity of oil residue held in a tank or space and, without leaving State waters, arrives at Port B with a lesser quantity in the tank or space. This subsection places an onus on the ship’s master to explain why there is a discrepancy in the quantity.

(2) Despite subsection (1), oil residues may be discharged from a ship to a reception facility provided in accordance with Regulation 38 of Annex I of MARPOL.

s 26: Am 2021 No 8, Sch 1.2[23].