12Prohibition of discharge of oil or oily mixture into State waters

12 Prohibition of discharge of oil or oily mixture into State waters

(1)  Subject to subsections (3) and (4) , if oil, or an oily mixture, is discharged into State waters from a ship, the master, the charterer and the owner of the ship are each guilty of an offence.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 23 500 penalty units; and

(b) an individual, a fine not exceeding 5 850 penalty units or imprisonment for a term not exceeding 4 years.

(2)  An offence against subsection (1) is a strict liability offence.

(3)  Subsection (1) does not apply to the discharge of oil, or an oily mixture, from a ship –

(a) for the purpose of securing the safety of the ship or another ship, or saving human life at sea; or

(b) if the oil, or oily mixture, escaped from the ship as a consequence of non-intentional damage to the ship or its equipment, and all reasonable precautions were taken after the occurrence of the damage, or the discovery of the discharge, to prevent or minimise the escape of the oil or the oily mixture; or

(c) in the case of an oily mixture, if the discharge was for the purpose of minimising damage from specific marine pollution and was approved by a prescribed officer; or

(d) if the discharge was authorised by the Director for other purposes.

(4)  Subject to subsection (5) , subsection (1) does not apply to –

(a) the discharge of oil, or an oily mixture, from a ship, if –

(i) the ship has a gross tonnage of less than 400 tonnes; and

(ii) the ship is proceeding en route; and

(iii) the ship has in operation equipment, of a kind that meets the requirements set out by regulations made under section 130 of the Navigation Act that ensures that the oil content of the discharge without dilution does not exceed 15 parts in 1 000 000 parts; and