26BCProhibition of discharge of untreated sewage

26BC Prohibition of discharge of untreated sewage

(1) If: (a) a person engages in conduct that causes a discharge of untreated sewage from a ship (other than a ship certified to carry not more than 10 persons) into the sea in the Antarctic Area; and (b) the person is reckless or negligent as to causing the discharge by that conduct; and (c) where the discharge: (i) does not occur in the territorial sea adjacent to the Australian Antarctic Territory; and (ii) does not occur in the sea on the landward side of the territorial sea adjacent to the Australian Antarctic Territory; the ship is an Australian ship; the person commits an offence punishable, on conviction, by a fine not exceeding 2,000 penalty units. (2A) Subject to subsections (3) and (4), if: (a) untreated sewage is discharged from a ship (other than a ship certified to carry not more than 10 persons) into the sea in the Antarctic Area; and (b) where the discharge: (i) does not occur in the territorial sea adjacent to the Australian Antarctic Territory; and (ii) does not occur in the sea on the landward side of the territorial sea adjacent to the Australian Antarctic Territory; the ship is an Australian ship; the master and the owner of the ship each commit an offence punishable, on conviction, by a fine not exceeding 500 penalty units. (2B) An offence against subsection (2A) is an offence of strict liability. (3) Subsection (2A) does not apply if the untreated sewage was discharged for the purpose of: (a) securing the safety of the ship and persons on board the ship; or (b) saving life at sea.

Note: A defendant bears an evidential burden in relation to the matter in subsection (3): see subsection 13.3(3) of the Criminal Code.

(4) Without limiting the generality of subsection (3), subsection (2A) does not apply to the discharge of untreated sewage from a ship if: (a) the untreated sewage was stored in a holding tank; and (b) the untreated sewage is not discharged instantaneously but is discharged from the holding tank at a prescribed rate when the ship is proceeding en route at a speed of not less than 4 knots; and (c) the discharge is made when the ship is at a distance of not less than 12 nautical miles from the nearest land or ice shelf.

Note: A defendant bears an evidential burden in relation to the matter in subsection (4): see subsection 13.3(3) of the Criminal Code.