23JProhibited discharge into State waters

23J Prohibited discharge into State waters

(1) If a prohibited discharge occurs from any apparatus used in a transfer operation, the person in charge of the apparatus is guilty of an indictable offence.

(2) If a prohibited discharge occurs by reason of any act or omission in a transfer operation (not being an act or omission done or made at the place on land or in relation to the apparatus from which the discharge occurs)—

(a) if the act or omission is done or made at a place on land (otherwise than in circumstances described in paragraph (b))—the occupier of that place; or

(b) if the act or omission is done or made in relation to apparatus used in a transfer operation—the person in charge of the apparatus—

is guilty of an indictable offence.

(3) A person who is guilty of an offence under subsection (1) or (2) is liable—

(a) in the case of an individual, to a fine not exceeding 2000 penalty units or imprisonment for 2 years, or both; or

(b) in the case of a body corporate, to a fine not exceeding 10 000 penalty units.

(4) It is a defence to a charge under subsection (1) for the person charged to prove—

(a) that the discharge was due to an accident that could not have been foreseen and avoided; and

(b) that all reasonable steps were taken for the prompt discovery of the discharge and, after the discovery, for stopping or reducing the discharge.

(5) It is a defence to a charge under subsection (2) for the person charged to prove that the act or omission by reason of which the discharge occurred was not done or made wilfully or negligently.

S. 23K inserted by No. 82/1995 s. 183.