23KDischarge from ships

23K Discharge from ships

(1) If a discharge into State waters of oil or an oily mixture occurs from any ship that—

(a) is not an oil tanker; and

(b) has a gross tonnage of less than 400—

the owner of that ship is guilty of an indictable offence.

(2) If a discharge into State waters of an undesirable substance (not being a liquid substance or a mixture containing a liquid substance carried as cargo or part cargo in bulk) occurs from any ship, the owner of that ship 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) or (2) 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.

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