QLDIn ForceAct
Transport Operations (Marine Pollution) Act 1995
sec.51BTreatment system to be in proper working order
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### sec.51B Treatment system to be in proper working order
This section applies if—
a ship is operating in coastal waters that are outside the nil discharge waters for treated sewage under section 48 but within the nil discharge waters for untreated sewage under section 47 ; and
the ship is fitted with a treatment system.
The owner or master of the ship or a member of the ship’s crew responsible for the operation of the treatment system must ensure that the treatment system is not operated, or available to be operated, to discharge the sewage into the coastal waters unless the system is in proper working order.
Maximum penalty—350 penalty units.
In a proceeding for an offence against subsection (2) , the fact that at a particular time an indicator on a treatment system was indicating that the system was malfunctioning is evidence that the system was not in proper working order at the time.
In this section—
malfunctioning includes the following—
faulty;
in need of attention;
not in proper working order;
out of order.
s 51B ins 2002 No. 15 s 36
(sec.51B-ssec.1) This section applies if— a ship is operating in coastal waters that are outside the nil discharge waters for treated sewage under section 48 but within the nil discharge waters for untreated sewage under section 47 ; and the ship is fitted with a treatment system.
(sec.51B-ssec.2) The owner or master of the ship or a member of the ship’s crew responsible for the operation of the treatment system must ensure that the treatment system is not operated, or available to be operated, to discharge the sewage into the coastal waters unless the system is in proper working order. Maximum penalty—350 penalty units.
(sec.51B-ssec.3) In a proceeding for an offence against subsection (2) , the fact that at a particular time an indicator on a treatment system was indicating that the system was malfunctioning is evidence that the system was not in proper working order at the time.
(sec.51B-ssec.4) In this section— malfunctioning includes the following— faulty; in need of attention; not in proper working order; out of order.
- (a) a ship is operating in coastal waters that are outside the nil discharge waters for treated sewage under section 48 but within the nil discharge waters for untreated sewage under section 47 ; and
- (b) the ship is fitted with a treatment system.
- (a) faulty;
- (b) in need of attention;
- (c) not in proper working order;
- (d) out of order.