267ZZIOperating a ship in a manner that causes pollution or damage to the Australian marine environment

#### 267ZZI Operating a ship in a manner that causes pollution or damage to the Australian marine environment (1) A master of a ship must not operate the ship in a manner that causes: (a) pollution to the marine environment in the coastal sea of Australia or the exclusive economic zone; or (b) damage to the marine environment in the coastal sea of Australia or the exclusive economic zone. Offence (2) A master commits an offence if the master contravenes subsection (1). Penalty: 600 penalty units. (3) The physical elements of the offence are set out in subsection (1). (4) Recklessness or negligence is the fault element for: (a) the operation of the ship in the manner that causes the result mentioned in paragraph (1)(a) or (b); and (b) the result mentioned in paragraph (1)(a) or (b) occurring. (5) In determining the standard of care a reasonable person would exercise in operating the ship and whether there was a risk that a result mentioned in paragraph (1)(a) or (b) would happen, the matters to which the Court may have regard include, but are not limited to, the following: (a) the characteristics of the ship; (b) the ship’s cargo and the risks of pollution or damage to the marine environment if that cargo is released; (c) the amount of bunker oil on board the ship and the risk of pollution or damage to the marine environment if that amount of oil is released; (d) the state of visibility; (e) the state of the wind, sea and current; (f) the presence of other ships in the vicinity; (g) the presence of navigation hazards in the vicinity; (h) the rules under the Prevention of Collisions Convention; (i) operational requirements imposed by law. Civil penalty provision (6) A master is liable to a civil penalty if the master contravenes subsection (1). Civil penalty: (a) for an aggravated contravention—6,000 penalty units; or (b) in any other case—600 penalty units.