Offshore Minerals Act 1999
404Effect of declaration of safety zone
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404 Effect of declaration of safety zone
404 Effect of declaration of safety zone
(1) If a safety zone is established by order under section 403, a vessel to which the order applies is not to enter or remain in the safety zone without the written consent of the Minister.
(2) If a consent is given under subsection (1) on conditions, a vessel to which the consent applies is to enter or remain in the safety zone only in accordance with the conditions.
(3) The owner of a vessel and the person in command or in charge of a vessel are each guilty of an indictable offence if the vessel enters or remains in a safety zone in contravention of subsection (1) or (2).
Maximum penalty: imprisonment for 5 years.
(4) The Local Court may hear and determine proceedings for an offence against subsection (3) if the court is satisfied that it is appropriate to do so, and the defendant and the prosecutor consent.
(5) Where, in accordance with subsection (3), the Local Court convicts a person of the offence, the person is liable to a fine of $10 000 or imprisonment for 2 years, or both.
(6) It is a defence to a prosecution of a person for an offence against subsection (3) if the person satisfies the court that:
(a) an unforeseen emergency made it necessary for the vessel to enter or remain in the safety zone to attempt to secure the safety of:
(i) a human life, or
(ii) the vessel, or
(iii) another vessel, or
(iv) a well, pipeline, structure or equipment, or
(b) the vessel entered or remained in the safety zone in circumstances beyond the control of the person who was in command or in charge of the vessel (for example, adverse weather).
(7) It is a defence to a prosecution of the owner of a vessel for an offence against subsection (3) if the owner satisfies the court that the owner:
(a) did not aid, abet, counsel or procure the vessel’s entering or remaining in the safety zone, and
(b) was not in any way, directly or indirectly, knowingly concerned in, or party to, the vessel’s entering or remaining in the safety zone.