23BProhibition of disposal of garbage into State waters

23B Prohibition of disposal of garbage into State waters

(1) Subject to subsections (2) to (8) (inclusive), if any disposal of garbage occurs from a ship into State waters, the master and the owner of the ship are each guilty of an indictable offence punishable, upon conviction—

(a) if the offender is a natural person, by a fine not exceeding 2000 penalty units, or imprisonment for 2 years, or both; or

(2) Subsection (1) does not apply to the disposal of garbage from a ship for the purpose of securing the safety of the ship and the persons on board the ship or of saving life at sea.

(3) Without limiting the generality of subsection (2) but subject to subsection (8), subsection (1) does not apply to the disposal of garbage (being dunnage, lining or packing materials which will float and are not plastics) from a ship into the sea if the following conditions are satisfied—

(a) the disposal takes place when the ship is not within a special area; and

(b) the disposal takes place when the ship is as far as practicable from, and is at a distance of not less than 25 nautical miles from, the nearest land; and

(c) the disposal takes place when the ship is not alongside, or within 500 metres of, a fixed or floating platform engaged in the exploration, exploitation and associated offshore processing of seabed mineral resources.

(4) Without limiting the generality of subsection (2) but subject to subsection (8), subsection (1) does not apply to the disposal of garbage (not being plastics, garbage referred to in subsection (3) or food wastes) from a ship into State waters if the following conditions are satisfied—

(a) the disposal occurs when the ship is not within a special area; and

S. 23B(4)(b) amended by No. 74/2000 s. 3(Sch. 1 item 100.1).

(b) the disposal occurs when the ship is as far as practicable from the nearest land; and

(c) except where paragraph (d) applies—the ship is at a distance of not less than 12 nautical miles from the nearest land; and

(d) where the garbage is passed through a comminuter or grinder so that it is capable of passing through a screen with no opening greater than 25 millimetres—when the ship is at a distance of not less than 3 nautical miles from the nearest land; and

(e) the disposal occurs when the ship is not alongside or within 500 metres of, a platform of a kind referred to in subsection (3)(c).

(5) Without limiting the generality of subsection (2) but subject to subsection (8), subsection (1) does not apply to the disposal of garbage, being food wastes, from a ship into the sea if—

(a) the following conditions are satisfied—

(i) the disposal occurs when the ship is as far as practicable from, and is at a distance of not less than 12 nautical miles from, the nearest land; or