20Prohibition of discharge of substances or mixtures into State waters

20 Prohibition of discharge of substances or mixtures into State waters

(1)  If –

(a) a person engages in conduct that results in a discharge of a substance or mixture from a ship into State waters; and

(b) the person knowingly causes, or is reckless or negligent as to causing, the discharge by that conduct –

the person is guilty of an offence.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 10 000 penalty units; and

(b) an individual, a fine not exceeding 2 500 penalty units or imprisonment for a term not exceeding 4 years.

(2)  Subject to subsections (5) and (6) , if a substance or 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 1 000 penalty units; and

(b) an individual, a fine not exceeding 500 penalty units.

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

(4)  Subsection (2) does not apply to the discharge from a ship into State waters of any residue of a substance or mixture if –

(a) the ship was constructed on or after 1 January 2007; and

(b) the ship’s tank held a substance in Category Z or a mixture that includes a substance in Category Z; and

(c) an approval was issued in accordance with section 21 in relation to discharge by the ship of the substance or mixture referred to in paragraph (b) ; and

(d) the tank was emptied to the maximum extent in accordance with the procedures in the Procedures and Arrangements Manual; and

(e) the discharge was made when the ship was proceeding en route at a speed of –