60Liability for simultaneous discharges

60 Liability for simultaneous discharges

(1)  If there is a simultaneous marine pollutant spill into State waters from 2 or more ships, and it is not possible or reasonably practicable to identify the spill from a particular ship, all of the spill may, for the purposes of this Act, be taken to have been discharged or jettisoned from each of the ships.

(2)  If subsection (1) applies, a person may be charged with and convicted of an offence in respect of the marine pollutant spill from one ship whether or not any person is charged with or convicted of an offence in respect of the marine pollutant spill from another ship.

(3)  For the purposes of this section, events are taken to be simultaneous if they happen within 24 hours of each other.