90Quantity limits for restricted chemicals

90 Quantity limits for restricted chemicals

90 Quantity limits for restricted chemicals

(1) A responsible consignor or agent for a restricted chemical must ensure the quantity limit for the chemical is not exceeded at any time while the chemical is in or on a port operational area.

(2) A master of a ship carrying a restricted chemical must ensure that the quantity limit for the chemical is not exceeded at any time while the ship is carrying the chemical in port.

(3) A port facility operator must ensure that the quantity limit for a restricted chemical is not exceeded while the restricted chemical is being handled at the port facility.

(4) A consignee of a restricted chemical must not, in or on a port operational area, take delivery of a chemical that exceeds the quantity limit for the chemical.

(5) A person is not guilty of an offence against this section if the person establishes that—

(a) the responsible consignor or agent for the restricted chemical or the port facility operator obtained the permission of the relevant authority to use a special berth, and

(b) the quantity of restricted chemical involved did not exceed the amount that the relevant authority permitted at the special berth, and

(c) the restricted chemical was loaded on to, or unloaded from, a ship that was berthed at the special berth.

(6) In this section—

quantity limit for a restricted chemical in or on a port operational area means—

(a) the quantity limit specified by the relevant authority for the port, or

(b) if a quantity limit is not specified—

(i) 400 tonnes for a chemical in a freight container or 150 tonnes for a chemical in another package (including a loose IBC), and

(ii) an additional 1,000 tonnes for a chemical that remains on board a ship for the entire time that it is in port.

special berth means a berth designated by the relevant authority for the port as a berth at which it is permissible for the quantity limit for the restricted chemical to be exceeded.

Maximum penalty (subsections (1)–(4))—300 penalty units for a corporation and 60 penalty units for an individual.