29Prohibition of discharge of sewage into State waters

29 Prohibition of discharge of sewage into State waters

(1)  If –

(a) a person engages in conduct that causes sewage to be discharged into State waters from a ship; 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.

(2)  Subject to subsections (4) and (5) , if sewage 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 a ship if –

(a) the discharge of sewage from the ship was for the purpose of securing the safety of the ship or saving human life at sea; or

(b) the sewage is discharged from the ship as a consequence of damage to the ship or its equipment and all reasonable precautions were taken before and after the damage to the ship to prevent or minimise the discharge of the sewage; or

(c) the ship is not a ship to which Annex IV to the Convention applies and the discharge complies with a sewage management directive issued by the Director under section 30 .

(5)  Subsection (2) does not apply to the discharge of sewage from a ship –

(a) if the sewage has been treated in a sewage treatment plant on the ship, being a plant that a prescribed officer has certified meets the prescribed requirements; and