34Power to require discharge of garbage at facility

34 Power to require discharge of garbage at facility

(1)  A prescribed officer may require, by written notice, the master or owner of a ship to cause garbage to be discharged from the ship to a specified facility that is suitable to receive that quantity of garbage, within a specified period, if the officer has reason to believe that retention of the garbage would create a risk of discharge from the ship into the sea.

(2)  A notice under subsection (1) is to specify –

(a) the facility to which the garbage is to be discharged; and

(b) the period within which the garbage is to be discharged; and

(c) the minimum quantity of the garbage that must be discharged.

(3)  A person who is required to cause garbage to be discharged from the ship by a notice given under subsection (1) in respect of a ship must ensure that the notice is complied with in respect of the ship.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 500 penalty units; and

(b) an individual, a fine not exceeding 250 penalty units.