41Duty to notify of discharge of specified marine pollutant during transfer operation

41 Duty to notify of discharge of specified marine pollutant during transfer operation

(1)  In this section –

relevant person, in relation to a discharge, means a person who would be liable under an offence in subsection (2) , (3) or (4) in respect of the discharge.

(2)  If a discharge into State waters of a specified marine pollutant from a ship occurs during, or in connection with, a transfer operation, the master of the ship must notify a prescribed officer as soon as possible, and in the prescribed manner, of the incident.

Penalty:  Fine not exceeding 500 penalty units.

(3)  If a discharge into State waters of a specified marine pollutant from land occurs during, or in connection with, a transfer operation, the person whose conduct has resulted in that discharge and the occupier of the land must each ensure that a prescribed officer is notified as soon as possible, and in the prescribed manner, of the incident.

Penalty:  Fine not exceeding 500 penalty units.

(4)  If a discharge into State waters of a specified marine pollutant from a pipeline occurs during, or in connection with, a transfer operation, the person whose conduct has resulted in that discharge and a person who may be liable for an offence under section 37(2) must each ensure that a prescribed officer is notified as soon as possible, and in the prescribed manner, of the incident.

Penalty:  Fine not exceeding 500 penalty units.

(5)  Subsections (2) , (3) and (4) do not apply in relation to a discharge into State waters of a specified marine pollutant during, or in connection with, a transfer operation if it is not possible, in the circumstances, for the master of the ship to notify a prescribed officer of the discharge in the prescribed manner.

(6)  Subsections (3) and (4) do not apply to a person in relation to a discharge into State waters of a specified marine pollutant from land or a pipeline, respectively, during, or in connection with, a transfer operation if the person reasonably believes that another person specified in subsection (3) or (4) respectively has complied with that subsection in relation to the incident.

(7)  If a discharge into State waters of a specified marine pollutant occurs from a ship during, or in connection with, a transfer operation and –

(a) the master of the ship fails to comply with subsection (2) , for any reason, in relation to the discharge; or

(b) the ship is abandoned as a result of the circumstances in which the discharge occurs –

the charterer, owner, manager, operator or agent of the ship must each ensure that a prescribed officer is notified as soon as possible, and in the prescribed manner, of the discharge.

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.

(8)  An offence under subsection (2) , (3) , (4) or (7) is a strict liability offence.

(9)  Subsection (7) does not apply to a person in relation to a discharge into State waters of a specified marine pollutant from a ship during, or in connection with, a transfer operation if –

(a) the person was not aware of the incident; or

(b) the person reasonably believes that another person specified in subsection (7) has complied with that subsection in relation to the incident; or

(c) in the case of a discharge of a specified marine pollutant from a ship during, or in connection with, a transfer operation to which subsection (7) applies, the person did not know or could not reasonably be expected to know that the master of the ship had not complied with subsection (2) in relation to the incident.

(10)  Subsection (6) is not to be taken to limit by implication any defence that would, but for that subsection, be available to a person charged with an offence against subsection (3) or (4) .

(11)  Subsection (9) is not to be taken to limit by implication any defence that would, but for that subsection, be available to a person charged with an offence against subsection (7) .