33Prohibition of discharge of garbage into State waters

33 Prohibition of discharge of garbage into State waters

(1)  If –

(a) a person engages in conduct that results in a discharge of garbage 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.

(2)  Subject to subsections (4) , (5) , (6) , and (7) , if there is a discharge of garbage from a 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 –

(a) the discharge of garbage from a ship for the purpose of securing the safety of the ship and the persons on board the ship or of saving human life at sea; or

(b) the discharge of garbage from a ship, if –

(i) the discharge is due to damage to the ship or its equipment; and

(ii) all reasonable precautions were taken, before and after the damage to the ship, to prevent or minimise the discharge; or

(c) the discharge of food waste from a ship if the retention of that waste on board the ship presents an imminent health risk to the persons on board the ship; or

(d) the discharge of fishing gear from a ship if –