71Discharge of prescribed marine pollutant from apparatus on a place on land used in transfer operation prohibited

71 Discharge of prescribed marine pollutant from apparatus on a place on land used in transfer operation prohibited

71 Discharge of prescribed marine pollutant from apparatus on a place on land used in transfer operation prohibited

(1) A person must not deliberately, recklessly or negligently cause a prescribed marine pollutant to be discharged from an apparatus on a place on land in, or in connection with, a transfer operation.

Maximum penalty—

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

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

(2) Each of the prescribed persons in relation to a transfer operation is guilty of an offence if any prescribed marine pollutant is discharged from any apparatus on a place on land used in, or in connection with, a transfer operation, whether or not it is being so used.

Maximum penalty—

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

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

(3) In this section—

prescribed person means any of the following—

(a) the occupier of the land,

(b) the owner of the apparatus,

(c) the person in charge of the apparatus.

ss 68–73: Am 2021 No 8, Sch 1.2[70].