36Prohibition of discharge of specified marine pollutant from ship or land during transfer operation

36 Prohibition of discharge of specified marine pollutant from ship or land during transfer operation

(1)  If –

(a) a person engages in conduct that results in a discharge into State waters, from a ship or land, of a specified marine pollutant during, or in connection with, a transfer operation; 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 or imprisonment for a term not exceeding 4 years.

(2)  If a specified marine pollutant is discharged into State waters from a ship during, or in connection with, a transfer operation, the master, the charterer and the owner of the ship and the person in charge of the transfer operation 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)  If a specified marine pollutant is discharged into State waters from land during, or in connection with, a transfer operation, the occupier of the land is 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.

(4)  An offence against subsection (2) or (3) is a strict liability offence.