21Offence—discharging treated sewage in no discharge zones

21 Offence—discharging treated sewage in no discharge zones

21 Offence—discharging treated sewage in no discharge zones

(1) For the Act, section 55B(1), the following are prescribed as no discharge zones—

(a) all inland waters,

(b) all intermittent closing and opening lagoons,

(c) waters in, or within 500m of, the following—

(i) an area used for aquaculture,

(ii) an area normally used for swimming,

(iii) a marina,

(iv) a marine park within the meaning of the Marine Estate Management Act 2014,

(v) an aquatic reserve within the meaning of the Marine Estate Management Act 2014,

(d) waters within 500m of the following—

(i) a beach,

(ii) a moored or anchored vessel,

(iii) a person in the water.

(2) For the Act, section 55B(2), definition of relevant vessel, ships are prescribed.

(3) The following persons are each guilty of an offence if treated sewage is discharged from a relevant vessel into a no discharge zone—

(a) the person who discharged the sewage,

(b) the owner of the vessel,

(c) the master of the vessel.

Maximum penalty—$11,000.

(4) It is a defence to prosecution for an offence under subsection (3) if the defendant shows all reasonable precautions were taken to prevent the discharge.

(5) Subsection (3) does not apply to a discharge authorised by an environment protection licence.

(6) In this section—

inland waters means waters not subject to tidal influence.

marina has the same meaning as in the standard instrument set out in the Standard Instrument (Local Environmental Plans) Order 2006.