sec.67AShip’s owner to have insurance

### sec.67A Ship’s owner to have insurance This section applies if a ship is more than 15m in length overall. The ship’s owner must have an insurance policy that, to the limits applying under a regulation, is sufficient to pay for— the clean up costs of the discharge of a pollutant from the ship into coastal waters; and the costs of salvage or removal of the ship from coastal waters if the ship is abandoned or wrecked. Maximum penalty—850 penalty units. If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 121 , to have also committed the offence. The Minister may recommend the making of a regulation under subsection (4) only if— the Minister has had regard to the risk of the ship discharging pollutants into, or being abandoned or wrecked in, coastal waters; and the Minister is reasonably satisfied that, for the particular type of ship, an insurance policy mentioned in subsection (2) could not reasonably be obtained or kept in force. A regulation may exempt a ship from the application of this section. A regulation under subsection (4) may provide that, for the exemption to apply, an owner of the ship must comply with conditions stated in the regulation. A regulation may provide that an owner develop and implement a risk management plan including matters mentioned in the regulation or that an owner must not operate the ship with more than a stated type or quantity of pollutant on board the ship. s 67A ins 2002 No. 15 s 38 amd 2006 No. 21 s 13 ; 2013 No. 51 s 229 sch 1 (sec.67A-ssec.1) This section applies if a ship is more than 15m in length overall. (sec.67A-ssec.2) The ship’s owner must have an insurance policy that, to the limits applying under a regulation, is sufficient to pay for— the clean up costs of the discharge of a pollutant from the ship into coastal waters; and the costs of salvage or removal of the ship from coastal waters if the ship is abandoned or wrecked. Maximum penalty—850 penalty units. If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 121 , to have also committed the offence. (sec.67A-ssec.3) The Minister may recommend the making of a regulation under subsection (4) only if— the Minister has had regard to the risk of the ship discharging pollutants into, or being abandoned or wrecked in, coastal waters; and the Minister is reasonably satisfied that, for the particular type of ship, an insurance policy mentioned in subsection (2) could not reasonably be obtained or kept in force. (sec.67A-ssec.4) A regulation may exempt a ship from the application of this section. (sec.67A-ssec.5) A regulation under subsection (4) may provide that, for the exemption to apply, an owner of the ship must comply with conditions stated in the regulation. A regulation may provide that an owner develop and implement a risk management plan including matters mentioned in the regulation or that an owner must not operate the ship with more than a stated type or quantity of pollutant on board the ship. - (a) the clean up costs of the discharge of a pollutant from the ship into coastal waters; and - (b) the costs of salvage or removal of the ship from coastal waters if the ship is abandoned or wrecked. - (a) the Minister has had regard to the risk of the ship discharging pollutants into, or being abandoned or wrecked in, coastal waters; and - (b) the Minister is reasonably satisfied that, for the particular type of ship, an insurance policy mentioned in subsection (2) could not reasonably be obtained or kept in force.