23GProhibition of discharge of sewage into State waters

23G Prohibition of discharge of sewage into State waters

(1) Subject to subsections (2) to (6) (inclusive), if any discharge of sewage 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—

1. 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 sewage from a ship—

(a) for the purposes of securing the safety of a ship and persons on board the ship or of saving life at sea; or

(b) in a case where the sewage escaped from the ship in consequence of damage to the ship or its equipment and all reasonable precautions were taken before and after the occurrence of the damage for the purpose of preventing or minimising the escape of the sewage.

(3) Without limiting the generality of subsection (2) but subject to subsection (5), subsection (1) does not apply to the discharge of sewage from a ship if the following conditions are satisfied:

(a) Where the sewage has been comminuted and disinfected using a system approved in accordance with the regulations, or orders made pursuant to the regulations, giving effect to Regulation 3 of Annex IV to the Convention—the discharge is made when the ship is at a distance of not less than 4 nautical miles from the nearest land;

(b) Where the sewage is not sewage referred to in paragraph (a)—the discharge is made when the ship is at a distance of not less than 12 nautical miles from the nearest land;

(c) Where the sewage has been stored in holding tanks—the sewage is not discharged instantaneously but is discharged at a prescribed rate when the ship is proceeding en route at a speed of not less than 4 knots.

(4) Without limiting the generality of subsection (2) but subject to subsection (5), subsection (1) does not apply to the discharge of sewage from a ship if the following conditions are satisfied—

(a) the sewage has been treated in a sewage treatment plant on the ship, being a plant—

(i) that an authorised officer has certified meets the requirements of the regulations giving effect to Regulation 3 of Annex IV to the Convention; and

(ii) the test results of which are laid down in the ship's sewage certificate within the meaning of Division 12C of Part IV of the Navigation Act; and

(b) the effluent does not produce visible floating solids in the waters of the sea and does not cause discolouration of the waters of the sea.

(5) Without limiting the generality of subsection (2), where—

(a) sewage consists in whole or in part of, or is mixed with, wastes, or waste water, the discharge of which from a ship into State waters is prohibited under another Division unless certain conditions are complied with; and