38Prevention of discharge or spread of specified marine pollutant during transfer

38 Prevention of discharge or spread of specified marine pollutant during transfer

(1)  In this section –

responsible person, in relation to a transfer operation, means one of the following persons:

(a) the master of the ship involved in the transfer operation;

(b) the charterer of the ship involved in the transfer operation;

(c) the owner of the ship involved in the transfer operation;

(d) the occupier of the land on which a pipeline used in the transfer operation is situated;

(e) the person in charge of the transfer operation.

(2)  A responsible person must take reasonable measures to –

(a) prevent the discharge of a specified marine pollutant into State waters during, or in connection with, a transfer operation; and

(b) if a specified marine pollutant is discharged into State waters during, or in connection with, a transfer operation –

(i) contain the specified marine pollutant; and

(ii) prevent further spread of the specified marine pollutant.

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.