141Failure to ensure vessel is operated so as not to cause pollution or damage to the Australian marine environment

141 Failure to ensure vessel is operated so as not to cause pollution or damage to the Australian marine environment

(1) The master of a vessel must ensure that the vessel is operated in a manner that does not cause: (a) pollution to the marine environment in the coastal sea of Australia or the exclusive economic zone of Australia; and (b) damage to the marine environment in the coastal sea of Australia or the exclusive economic zone of Australia. Fault‑based offence (2) A person commits an offence if the person contravenes subsection (1).

Penalty: 600 penalty units.

(3) Recklessness or negligence is the fault element for: (a) the operation of the vessel in a manner that causes the result mentioned in paragraph (1)(a) or (b); and (b) the result mentioned in paragraph (1)(a) or (b) occurring. Civil penalty (4) A person is liable to a civil penalty if the person contravenes subsection (1).

Civil penalty:

(a) for an aggravated contravention—6,000 penalty units; or
(b) in any other case—600 penalty units.