95Obligation to carry shipboard oil pollution emergency plan

95 Obligation to carry shipboard oil pollution emergency plan

95 Obligation to carry shipboard oil pollution emergency plan

(1) The master and the owner of a prescribed ship that is in State waters are each guilty of an offence if an approved shipboard oil pollution emergency plan is not carried 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—

(a) that the ship is a prescribed ship, and

(b) that the ship was in State waters without an approved shipboard oil pollution emergency plan on board.

(3) In this section—

approved, in relation to a shipboard oil pollution emergency plan, means approved by—

(a) the Minister under this Division, or

(b) an Administration, within the meaning of Article 2 of the Protocol to MARPOL.

prescribed ship means a ship—

(a) that is an oil tanker that has a gross tonnage of 150 or more, or

(b) that is not an oil tanker and that has a gross tonnage of 400 or more.

Editor’s note.

See Reg 37.1 of Annex I of MARPOL.

s 95: Am 2021 No 8, Sch 1.2[94] [95].