37Prohibition of discharge of specified marine pollutant from pipeline used in transfer operation

37 Prohibition of discharge of specified marine pollutant from pipeline used in transfer operation

(1)  If –

(a) a person engages in conduct that results in a discharge into State waters, from a pipeline, 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 pipeline whether or not it is being used in, or in connection with, a transfer operation –

(a) the occupier of the land on which the pipeline is situated; and

(b) the owner of the pipeline; and

(c) any lessee, licensee or user of any lease, licence or right of use for the use of the pipeline for the carriage of oil; and

(d) the person in charge of the pipeline; and

(e) each other person responsible for the discharge –

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.