23EProhibition of discharge by jettisoning of harmful substances into State waters

23E Prohibition of discharge by jettisoning of harmful substances into State waters

(1) Subject to subsections (2) and (3), if any discharge by jettisoning of a harmful substance, being a substance carried as cargo in packaged form or in a freight container, portable tank or road and rail tank wagon, occurs from a ship into State waters, the master and the owner of the ship are each guilty of an 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 discharge of a harmful substance from a ship for the purposes of securing the safety of the ship or saving life at sea.

(3) Where a harmful substance referred to in subsection (1) is discharged from a ship into State waters because of a leakage of the substance, the substance shall, for the purposes of this section, be taken to have been discharged by jettisoning, but subsection (1) does not apply to the discharge if—

(a) the substance was washed overboard from the ship in accordance with regulations or orders made pursuant to regulations; or

(b) the substance was washed overboard from the ship otherwise than in accordance with such regulations or orders in circumstances where compliance with such regulations or orders would have impaired the safety of the ship or of persons on board the ship.

(4) In proceedings for an offence against subsection (1) in relation to a ship it is sufficient for the prosecution to allege and prove that a discharge of a harmful substance referred to in subsection (1) occurred from the ship into State waters, but it is a defence if it is proved that, by virtue of subsection (2) or (3), subsection (1) does not apply in relation to the discharge.

Pt 2 Div. 2C (Heading and ss 23F, 23G) inserted by No. 46/1991
s. 17.