39Transfer of specified marine pollutant at night

39 Transfer of specified marine pollutant at night

(1)  If a person proposes to transfer a specified marine pollutant from or to a ship in State waters between sunset and sunrise, the person responsible for that transfer is to submit, before the transfer takes place, a written request for permission to undertake the transfer to –

(a) the harbour master in charge of the waters in which the transfer is proposed to take place; or

(b) if there is no harbour master in charge of the waters in which the transfer is proposed to take place, the Director.

(2)  On receipt of a written request under subsection (1) , the harbour master in charge of the waters in which the transfer referred to in the request is proposed to take place, or the Director, may, in writing –

(a) issue permission, with or without conditions; or

(b) refuse to issue permission –

to undertake the transfer requested.

(3)  If a specified marine pollutant is transferred from or to a ship in State waters between sunset and sunrise and –

(a) permission in writing has not been issued in accordance with subsection (2) ; or

(b) the pollutant is transferred in contravention of a condition attached to a permission issued in accordance with subsection (2)  –

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 5 000 penalty units; and

(b) an individual, a fine not exceeding 1 250 penalty units or imprisonment for a term not exceeding 2 years.

(4)  If a specified marine pollutant is transferred from a ship to land, or from land to a ship, between sunset and sunrise and –

(a) permission in writing has not been issued in accordance with subsection (2) ; or

(b) the pollutant is transferred in contravention of a condition attached to a permission issued in accordance with  –