26BCCProhibition of discharge of sewage

26BCC Prohibition of discharge of sewage

Fault‑based offences (1) A person commits an offence if: (a) the person engages in conduct; and (b) the person’s conduct causes a discharge of sewage from a ship in the Antarctic Area; and (c) the person is reckless or negligent as to causing the discharge by that conduct; and (d) the ship is a ship to which Annex IV to the Convention applies; and (e) if the discharge occurs outside the outer limits of the exclusive economic zone adjacent to the coast of the Australian Antarctic Territory—the ship is an Australian ship.

Penalty: 2,000 penalty units.

(2) A person commits an offence if: (a) the person engages in conduct; and (b) the person’s conduct causes a discharge of sewage from a ship in Arctic waters; and (c) the person is reckless or negligent as to causing the discharge by that conduct; and (d) the ship is a ship to which Annex IV to the Convention applies; and (e) the ship is an Australian ship.

Penalty: 2,000 penalty units.

Strict liability offences (3) The master and the owner of a ship each commit an offence of strict liability if: (a) sewage is discharged from the ship in the Antarctic Area; and (b) the ship is a ship to which Annex IV to the Convention applies; and (c) if the discharge occurs outside the outer limits of the exclusive economic zone adjacent to the coast of the Australian Antarctic Territory—the ship is an Australian ship.

Penalty: 500 penalty units.

(4) The master and the owner of a ship each commit an offence of strict liability if: (a) sewage is discharged from the ship in Arctic waters; and (b) the ship is a ship to which Annex IV to the Convention applies; and (c) the ship is an Australian ship.

Penalty: 500 penalty units.

Exception—discharge of sewage for ship’s safety etc. (5) Subsections (3) and (4) do not apply to the discharge of sewage from a ship if: (a) the discharge is necessary for the purpose of: (i) securing the safety of the ship and persons on board the ship; or (ii) saving life at sea; or (b) both of the following apply: (i) the discharge results from damage to the ship or its equipment; (ii) all reasonable precautions were taken before and after the occurrence of the damage for the purpose of preventing or minimising the discharge.

Note: A defendant bears an evidential burden in relation to the matter in subsection (5): see subsection 13.3(3) of the Criminal Code.

Exception—discharge of comminuted and disinfected sewage etc. (6) Without limiting the generality of subsection (5), subsections (3) and (4) do not apply to the discharge of sewage from a ship if the following conditions are satisfied: (a) the ship is not a category A ship, category B ship or passenger ship constructed on or after 1 January 2017; (b) if the sewage has been comminuted and disinfected using a system approved in accordance with the regulations giving effect to paragraph 1.2 of Regulation 9 of Annex IV to the Convention—the discharge is made when the ship is: (i) as far as practicable from areas of ice concentration exceeding 1/10; and (ii) at a distance of more than 3 nautical miles from the nearest land, any ice‑shelf or fast ice; (c) if the sewage has not been comminuted or disinfected using such a system—the discharge is made when the ship is: (i) as far as practicable from areas of ice concentration exceeding 1/10; and (ii) at a distance of more than 12 nautical miles from the nearest land, any ice‑shelf or fast ice; (d) if the sewage has been stored in a holding tank or originates from spaces containing living animals—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.