sec.66Reception facilities

### sec.66 Reception facilities This section applies to the provision of reception facilities— under regulation 38 of Annex I, regulation 18 of Annex II and regulation 7 of Annex V to MARPOL; or under part 7 . The general manager may provide, join with someone else in providing, arrange for the provision of, or direct the providing of the reception facilities. Without limiting subsection (2) , the Gold Coast Waterways Authority may also provide, join with someone else in providing, arrange for the provision of, or direct the providing of the reception facilities for Gold Coast waters. The general manager or the Gold Coast Waterways Authority may give a notice under subsection (5) to— the owner or occupier or a port operator of a port or terminal; or the owner or occupier or a port operator of an establishment at which ships— are repaired or other work is performed on ships if the repair or work involves the disposal of oily mixtures, mixtures containing noxious liquid substances, oil residues, residues of noxious liquid substances or sewage; or are berthed, docked or otherwise at the establishment. A notice may direct an owner or occupier or a port operator of a port, terminal or establishment to— provide facilities for the reception or disposal of residues by ships berthed, docked or otherwise at the port, terminal or establishment; and maintain the facilities in good order and condition; and make the facilities available to enable ships to dispose of the residues. A notice— may state a time within which a direction is to be complied with; and must be signed by the general manager or on behalf of the Gold Coast Waterways Authority. An owner or occupier or a port operator must comply with a notice. Maximum penalty— for the first offence—1,750 penalty units; and if the contravention continues after conviction—1,750 penalty units and an additional penalty of 20 penalty units for each day after the last conviction that the contravention continues. An owner’s or occupier’s or a port operator’s obligation to comply with a notice continues until the direction given by the notice is complied with even though, in a particular case, the notice specifies a time by which compliance is required and the time has passed. A charge against an owner or occupier or a port operator for a contravention of subsection (7) continuing after conviction may state the date of the last conviction and the day or period during which the contravention continued. Charges under subsection (9) for a particular continuing contravention may be prosecuted from time to time. In this section— residues include oil, noxious liquid substances, sewage and garbage. terminal includes an oil depot, oil installation or other place used for the loading or unloading in bulk of oil or noxious liquid substances. s 66 amd 2002 No. 29 s 16 sch 1 ; 2007 No. 43 s 13 ; 2010 No. 19 s 134 ; 2012 No. 38 s 117 (sec.66-ssec.1) This section applies to the provision of reception facilities— under regulation 38 of Annex I, regulation 18 of Annex II and regulation 7 of Annex V to MARPOL; or under part 7 . (sec.66-ssec.2) The general manager may provide, join with someone else in providing, arrange for the provision of, or direct the providing of the reception facilities. (sec.66-ssec.3) Without limiting subsection (2) , the Gold Coast Waterways Authority may also provide, join with someone else in providing, arrange for the provision of, or direct the providing of the reception facilities for Gold Coast waters. (sec.66-ssec.4) The general manager or the Gold Coast Waterways Authority may give a notice under subsection (5) to— the owner or occupier or a port operator of a port or terminal; or the owner or occupier or a port operator of an establishment at which ships— are repaired or other work is performed on ships if the repair or work involves the disposal of oily mixtures, mixtures containing noxious liquid substances, oil residues, residues of noxious liquid substances or sewage; or are berthed, docked or otherwise at the establishment. (sec.66-ssec.5) A notice may direct an owner or occupier or a port operator of a port, terminal or establishment to— provide facilities for the reception or disposal of residues by ships berthed, docked or otherwise at the port, terminal or establishment; and maintain the facilities in good order and condition; and make the facilities available to enable ships to dispose of the residues. (sec.66-ssec.6) A notice— may state a time within which a direction is to be complied with; and must be signed by the general manager or on behalf of the Gold Coast Waterways Authority. (sec.66-ssec.7) An owner or occupier or a port operator must comply with a notice. Maximum penalty— for the first offence—1,750 penalty units; and if the contravention continues after conviction—1,750 penalty units and an additional penalty of 20 penalty units for each day after the last conviction that the contravention continues. (sec.66-ssec.8) An owner’s or occupier’s or a port operator’s obligation to comply with a notice continues until the direction given by the notice is complied with even though, in a particular case, the notice specifies a time by which compliance is required and the time has passed. (sec.66-ssec.9) A charge against an owner or occupier or a port operator for a contravention of subsection (7) continuing after conviction may state the date of the last conviction and the day or period during which the contravention continued. (sec.66-ssec.10) Charges under subsection (9) for a particular continuing contravention may be prosecuted from time to time. (sec.66-ssec.11) In this section— residues include oil, noxious liquid substances, sewage and garbage. terminal includes an oil depot, oil installation or other place used for the loading or unloading in bulk of oil or noxious liquid substances. - (a) under regulation 38 of Annex I, regulation 18 of Annex II and regulation 7 of Annex V to MARPOL; or - (b) under part 7 . - (a) the owner or occupier or a port operator of a port or terminal; or - (b) the owner or occupier or a port operator of an establishment at which ships— (i) are repaired or other work is performed on ships if the repair or work involves the disposal of oily mixtures, mixtures containing noxious liquid substances, oil residues, residues of noxious liquid substances or sewage; or (ii) are berthed, docked or otherwise at the establishment. - (i) are repaired or other work is performed on ships if the repair or work involves the disposal of oily mixtures, mixtures containing noxious liquid substances, oil residues, residues of noxious liquid substances or sewage; or - (ii) are berthed, docked or otherwise at the establishment. - (i) are repaired or other work is performed on ships if the repair or work involves the disposal of oily mixtures, mixtures containing noxious liquid substances, oil residues, residues of noxious liquid substances or sewage; or - (ii) are berthed, docked or otherwise at the establishment. - (a) provide facilities for the reception or disposal of residues by ships berthed, docked or otherwise at the port, terminal or establishment; and - (b) maintain the facilities in good order and condition; and - (c) make the facilities available to enable ships to dispose of the residues. - (a) may state a time within which a direction is to be complied with; and - (b) must be signed by the general manager or on behalf of the Gold Coast Waterways Authority. - (a) for the first offence—1,750 penalty units; and - (b) if the contravention continues after conviction—1,750 penalty units and an additional penalty of 20 penalty units for each day after the last conviction that the contravention continues.