26DProhibition of discharge of sewage into the sea

26D Prohibition of discharge of sewage into the sea

(1) If: (a) a person engages in conduct that causes a discharge of sewage from a ship into the sea; and (b) the person is reckless or negligent as to causing the discharge by that conduct; and (c) one of the following subparagraphs applies: (i) the discharge occurs when the ship is not within a special area, the discharge occurs into the sea near a State, the Jervis Bay Territory or an external Territory and there is no law of that State or Territory that makes provision giving effect to Regulation 3 and to paragraph 1 of Regulation 11 of Annex IV to the Convention in relation to the area of the sea where the discharge occurs; (ia) the discharge occurs when the ship is within a special area, the discharge occurs into the sea near a State, the Jervis Bay Territory or an external Territory and there is no law of that State or Territory that makes provision giving effect to Regulation 3 and to paragraph 3 of Regulation 11 of Annex IV to the Convention in relation to the area of the sea where the discharge occurs; (ib) the discharge occurs into the outer territorial sea; (ii) the discharge occurs into the sea in the exclusive economic zone; (iii) the discharge occurs into the sea beyond the exclusive economic zone and the ship is an Australian ship; the person commits an offence punishable, on conviction, by a fine not exceeding 2,000 penalty units. (3) Subject to subsections (5) to (9), if: (a) sewage is discharged from a ship into the sea; and (b) one of the following subparagraphs applies: (i) the discharge occurs when the ship is not within a special area, the discharge occurs into the sea near a State, the Jervis Bay Territory or an external Territory and there is no law of that State or Territory that makes provision giving effect to Regulation 3 and paragraph 1 of Regulation 11 of Annex IV to the Convention in relation to the area of the sea where the discharge occurs; (ia) the discharge occurs when the ship is within a special area, the discharge occurs into the sea near a State, the Jervis Bay Territory or an external Territory and there is no law of that State or Territory that makes provision giving effect to Regulation 3 and to paragraph 3 of Regulation 11 of Annex IV to the Convention in relation to the area of the sea where the discharge occurs; (ib) the discharge occurs into the outer territorial sea; (ii) the discharge occurs into the sea in the exclusive economic zone; (iii) the discharge occurs into the sea beyond the exclusive economic zone and 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. (4) An offence against subsection (3) is an offence of strict liability. (5) Subsection (3) does not apply to the discharge of sewage from a ship: (a) for the purpose of securing the safety of a ship and persons on board the ship or of saving life at sea; or (b) in a case where the sewage escaped from the ship in consequence of damage to the ship or its equipment and all reasonable precautions were taken before and after the occurrence of the damage for the purpose of preventing or minimising the escape of the sewage.