23Duty to report certain incidents involving noxious liquid substances

23 Duty to report certain incidents involving noxious liquid substances

(1)  In this section –

noxious liquid substance does not include a substance referred to in regulation 6.1.4 of Annex II;

specified noxious liquid substance incident, in relation to a ship, means –

(a) an incident involving a discharge into State waters from the ship of a noxious liquid substance, or a mixture that includes a noxious liquid substance, that is not a discharge to which section 20(4) or (6) applies; or

(b) an incident involving the reasonable likelihood of a discharge from the ship of a noxious liquid substance, or a mixture that includes a noxious liquid substance, that is not a discharge to which section 20(4) or (6) would apply; or

(c) if the ship is 15 metres or more in length, an incident involving damage, failure or breakdown that –

(i) affects the safety of the ship (including a collision, grounding, fire, explosion, structural failure, flooding and cargo shifting); or

(ii) impairs the ability to navigate the ship (including failure or breakdown of steering gear, propulsion plant, electrical generating system or essential shipborne navigational aids).

(2)  If a specified noxious liquid substance incident occurs in relation to a ship, the master of the ship must notify a prescribed officer as soon as possible, and in the prescribed manner, of the incident.

Penalty:  Fine not exceeding 500 penalty units.

(3)  A master of a ship who has notified a prescribed officer, in accordance with subsection (2) , of the occurrence of a specified noxious liquid substance incident must give, within the prescribed time, if so requested by a prescribed officer, a report to the prescribed officer in relation to the incident in accordance with the approved form.

Penalty:  Fine not exceeding 200 penalty units.

(4)  Subsection (2) does not apply in relation to a specified noxious liquid substance incident in relation to a ship if it is not possible, in the circumstances, for the master of the ship to notify a prescribed officer of the incident in the prescribed manner.