QLDIn ForceAct
Transport Operations (Marine Pollution) Act 1995
sec.42Jettisoning of harmful substances into coastal waters prohibited
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### sec.42 Jettisoning of harmful substances into coastal waters prohibited
If a harmful substance carried as cargo in packaged form is jettisoned from a ship into coastal waters, the following persons each commit an offence—
the ship’s owner;
the ship’s master;
another member of the ship’s crew whose act caused or contributed to the jettisoning, unless the member was complying with an instruction from the master or of someone authorised by the master to give the instruction.
Maximum penalty—
for an individual—5,000 penalty units; or
for a corporation—100,000 penalty units.
A harmful substance is taken to have been jettisoned if it is discharged into coastal waters because of a leakage of the substance.
Subsection (1) applies despite the Criminal Code , sections 23 and 24 .
See the note to section 26 (2) for information about sections 23 and 24 of the Code .
s 42 amd 2001 No. 79 s 50 ; 2010 No. 13 s 88 sch ; 2010 No. 19 s 227
(sec.42-ssec.1) If a harmful substance carried as cargo in packaged form is jettisoned from a ship into coastal waters, the following persons each commit an offence— the ship’s owner; the ship’s master; another member of the ship’s crew whose act caused or contributed to the jettisoning, unless the member was complying with an instruction from the master or of someone authorised by the master to give the instruction. Maximum penalty— for an individual—5,000 penalty units; or for a corporation—100,000 penalty units.
(sec.42-ssec.2) A harmful substance is taken to have been jettisoned if it is discharged into coastal waters because of a leakage of the substance.
(sec.42-ssec.3) Subsection (1) applies despite the Criminal Code , sections 23 and 24 . See the note to section 26 (2) for information about sections 23 and 24 of the Code .
- (a) the ship’s owner;
- (b) the ship’s master;
- (c) another member of the ship’s crew whose act caused or contributed to the jettisoning, unless the member was complying with an instruction from the master or of someone authorised by the master to give the instruction.
- (a) for an individual—5,000 penalty units; or
- (b) for a corporation—100,000 penalty units.