27Duty to report certain incidents involving harmful substances

27 Duty to report certain incidents involving harmful substances

(1)  In this section –

specified harmful substance incident, in relation to a ship, means –

(a) an incident involving the discharge from the ship of a harmful substance carried as cargo in packaged form or in a freight container, portable tank, road or rail vehicle or shipborne barge, not being a discharge in accordance with the regulations or orders made under the regulations; or

(b) an incident involving the reasonable likelihood of the discharge from the ship of a harmful substance carried as cargo in packaged form or in a freight container, portable tank, road or rail vehicle or shipborne barge, not being a discharge in accordance with the regulations or orders made under the regulations; 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 harmful 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 harmful substance incident must, if so requested by a prescribed officer, give a report to the prescribed officer in relation to the incident, in the approved form and within the prescribed time

Penalty:  Fine not exceeding 200 penalty units.

(4)  Subsection (2) does not apply in relation to a specified harmful 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.