26Prohibition of discharge by jettisoning of harmful substances into State waters

26 Prohibition of discharge by jettisoning of harmful substances into State waters

(1)  If –

(a) a person engages in conduct that causes a harmful substance in packaged form, carried as cargo of a ship, to be jettisoned from a ship into State waters; and

(b) the person knowingly causes, or is reckless or negligent as to causing, the jettisoning 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 (4) and (5) , if a harmful substance in packaged form, carried as cargo of a ship, is jettisoned from the ship into State waters, 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 jettisoning of a harmful substance from a ship for the purpose of securing the safety of the ship or saving human life at sea.

(5)  Where a harmful substance referred to in subsection (2) is discharged into State waters from a ship due to a leakage of the substance, for the purposes of this section, the substance is taken to have been jettisoned unless –

(a) the substance was washed overboard from the ship in accordance with the prescribed requirements; or

(b) the substance was washed overboard from the ship, otherwise than in accordance with the prescribed requirements, in circumstances where compliance with the prescribed requirements would have impaired the safety of the ship or of persons on board the ship.