QLDIn ForceAct
Transport Operations (Marine Pollution) Act 1995
sec.49Declared ship operating in prescribed nil discharge waters to be fitted with sewage holding device
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### sec.49 Declared ship operating in prescribed nil discharge waters to be fitted with sewage holding device
The owner or master of a declared ship must not operate the declared ship in nil discharge waters for treated sewage or untreated sewage from a declared ship, unless—
the declared ship is fitted with a sewage holding device; and
each fixed toilet on the declared ship is connected to a sewage holding device.
Maximum penalty—850 penalty units.
A declared ship is taken not to be fitted with a sewage holding device unless a sewage holding device fitted to the ship is appropriate having regard to—
the maximum number of persons the ship is permitted to carry under—
for a domestic commercial vessel—the domestic commercial vessel national law; or
for a Queensland regulated ship—the Marine Safety Act ; and
the duration of the ship’s journey in the nil discharge waters.
The nil discharge waters for treated sewage or untreated sewage from a declared ship are the coastal waters prescribed under a regulation for this section.
In this section—
declared ship means a ship declared under a regulation to be a ship to which this section applies.
operate , a declared ship, includes anchor, berth or moor the declared ship.
s 49 sub 2002 No. 15 s 36
amd 2010 No. 19 s 229 ; 2016 No. 3 s 71
(sec.49-ssec.1) The owner or master of a declared ship must not operate the declared ship in nil discharge waters for treated sewage or untreated sewage from a declared ship, unless— the declared ship is fitted with a sewage holding device; and each fixed toilet on the declared ship is connected to a sewage holding device. Maximum penalty—850 penalty units.
(sec.49-ssec.2) A declared ship is taken not to be fitted with a sewage holding device unless a sewage holding device fitted to the ship is appropriate having regard to— the maximum number of persons the ship is permitted to carry under— for a domestic commercial vessel—the domestic commercial vessel national law; or for a Queensland regulated ship—the Marine Safety Act ; and the duration of the ship’s journey in the nil discharge waters.
(sec.49-ssec.3) The nil discharge waters for treated sewage or untreated sewage from a declared ship are the coastal waters prescribed under a regulation for this section.
(sec.49-ssec.4) In this section— declared ship means a ship declared under a regulation to be a ship to which this section applies. operate , a declared ship, includes anchor, berth or moor the declared ship.
- (a) the declared ship is fitted with a sewage holding device; and
- (b) each fixed toilet on the declared ship is connected to a sewage holding device.
- (a) the maximum number of persons the ship is permitted to carry under— (i) for a domestic commercial vessel—the domestic commercial vessel national law; or (ii) for a Queensland regulated ship—the Marine Safety Act ; and
- (i) for a domestic commercial vessel—the domestic commercial vessel national law; or
- (ii) for a Queensland regulated ship—the Marine Safety Act ; and
- (b) the duration of the ship’s journey in the nil discharge waters.
- (i) for a domestic commercial vessel—the domestic commercial vessel national law; or
- (ii) for a Queensland regulated ship—the Marine Safety Act ; and