South Australia: Protection of Marine Waters (Prevention of Pollution from Ships) Act 1987 (SA)

South Australia Protection of Marine Waters (Prevention of Pollution from Ships) Act 1987 An Act relating to the protection of the sea and certain waters from pollution by oil and other substances; to repeal the Prevention of Pollution of Waters by Oil Act 1961; and for other purposes. Contents Part 1—Preliminary 1 Short title 3 Interpretation 4 Act to bind Crown 5 Saving of other laws 6 Delegation Part 2—Pollution by oil 7 Interpretation 8 Prohibition of discharge of oil or oily mixtures into State waters 9 Oil residues 10A Shipboard oil pollution emergency plan 11 Oil record book 12 False entries in oil record book 13 Oil record book to be retained Part 3—Pollution by noxious substances 14 Interpretation 15 Application of Act to mixture of oil and liquid substance 16 Categories of noxious liquid substances 17 Appendix III substances 18 Prohibition of discharge of substances into State waters 19 Certain liquid substances to be treated as oil 21 Cargo record book 22 False entries in cargo record book 23 Cargo record book to be retained 24 Cleaning of tanks of ships Part 3AA—Prevention of pollution by packaged harmful substances 24AA Interpretation 24AAB Prohibition of discharge of harmful substances into State waters Part 3AAB—Prevention of pollution by garbage 24AAC Interpretation 24AAD Prohibition of disposal of garbage into State waters Part 3A—Construction of ships Division 1—Preliminary 24A Preliminary Division 2—Ships carrying or using oil 24B Interpretation 24C Regulations to give effect to Regulations 13 to 19 (inclusive) of Annex I 24D Ship construction certificates 24E Alteration etc of construction of ships and cancellation of certificates 24F Ships to be surveyed periodically 24G Requirement for ship construction certificates Division 3—Ships carrying noxious liquid substances in bulk 24H Interpretation 24I Regulations to give effect to Regulation 13 of Annex II 24J Chemical tanker construction certificates 24K Alteration etc of construction of ships and cancellation of certificates 24L Ships to be surveyed periodically 24M Requirement for chemical tanker construction certificates Division 4—Regulations 24N Regulations Part 4—Miscellaneous Division 1—Preliminary 25 Interpretation Division 1A—Reporting requirements 25A Duty to report certain incidents Division 2—Discharges occurring other than from ships 26 Discharge of oil into waters from vehicles etc 27 Notification of discharge Division 3—Removal and prevention of pollution and recovery of costs 28 Removal and prevention of pollution 28A Marine spill action plan 29 Recovery of costs 30 Detention of ship, vehicle or apparatus 31 Recovery of costs by one person from another 32 Service of notices 32A Recovery of damages Division 4—Other matters 33 Powers of inspectors 34 Oil reception facilities 35 Transfer of oil at night 36 Prosecutions 37 Service of summonses 38 Evidence 39 Evidence of analyst 40 Immunity 41 Regulations 42 Orders 43 Prescribing matters by reference to other instruments 44 Repeal and saving Schedule 1 Schedule 2 Schedule 3 Schedule 4 Legislative history The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Protection of Marine Waters (Prevention of Pollution from Ships) Act 1987. 3—Interpretation (1) In this Act, unless the contrary intention appears— Australian fishing vessel means a fishing vessel that is registered, or entitled to be registered, in Australia or in relation to which an instrument under section 4(2) of the Fisheries Act 1952 of the Commonwealth (as amended and in force for the time being) is in force; Australian ship means— (a) a ship registered in Australia; or (b) an unregistered ship having Australian nationality; Convention means the 1973 Convention as modified and added to by the 1978 Protocol; fishing vessel means a vessel used or intended to be used for catching fish or other living resources of the sea or seabed for trading or manufacturing purposes but excludes any vessel engaged in harvesting or transportation of algae or aquatic plants; inspector means— (a) a person who is appointed in writing by the Minister to be an inspector for the purposes of this Act; or (b) a port manager; or (c) a member of the police force; master in relation to a ship, means a person, other than a pilot, having command or charge of the ship; Navigation Act, 1912 means the Navigation Act 1912 of the Commonwealth (as amended and in force for the time being); pleasure vessel means— (a) a vessel used wholly for the purpose of recreational or sporting activities and not for hire or reward; or (b) any other vessel declared to be a vessel to which this Act applies by notice of the Minister published in the Gazette; port manager means a person holding or acting in a position, the holder of which is designated by the Minister as having responsibility for the management of a harbor; State waters means— (a) the territorial sea adjacent to the State; and (b) the sea on the landward side of the territorial sea adjacent to the State that is not within the limits of the State; and (c) waters within the limits of the State that are subject to the ebb and flow of the tide; the 1973 Convention means the International Convention for the Prevention of Pollution from Ships 1973, as corrected by the Proces-Verbal of Rectification dated 13 June, 1978 (a copy of the English text of which, apart from Annex IV, as so corrected is set out in Schedule 1), as affected by any amendment, other than an amendment not accepted by Australia, made under Article 16 of the Convention; the 1978 Protocol means the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973 (a copy of the English text of which, apart from Annex IV, is set out in Schedule 2) as affected by— (a) the amendments to the Annex to the Protocol adopted on 7 September, 1984 (a copy of the English text of which amendments is set out in Schedule 3); and (b) the amendments to the Protocol adopted on 5 December 1985 (a copy of the English text of which relating to the Annex of the Protocol is set out in Schedule 4); and (c) any other amendment to the Protocol, other than an amendment not accepted by Australia, made under Article VI of the Protocol; Tonnage Measurement Convention has the same meaning as in Part XA of the Navigation Act, 1912; trading Ship means a ship that is used, or, being a ship in the course of construction, is intended to be used, for, or in connection with, any business or commercial activity and, without limiting the generality of the foregoing, includes a vessel that is used, or, being a vessel in the course of construction, is intended to be used, wholly or principally for— (a) the carriage of passengers or cargo for hire or reward; or (b) the provision of services to ships or shipping, whether for reward or otherwise, but does not include a Commonwealth ship within the meaning of the Navigation Act, 1912, or a fishing vessel. (2) A reference in a section of this Act to a prescribed officer is a reference to the person for the time being occupying, or performing the duties of, an office in the Department or public authority of the State that deals with matters arising under that section, being an office that is prescribed for the purposes of that section. (3) Except insofar as the contrary intention appears, an expression that is used in this Act and in the Convention, otherwise than in an annex to the Convention, (whether or not a particular meaning is assigned to it by the Convention) has, in this Act, the same meaning as in the Convention. (4) Where, at any time, the gross tonnage applicable to a ship has been determined otherwise than in accordance with the Tonnage Measurement Convention, then, in the application of this Act to the ship at that time, a reference in this Act to the gross tonnage of a ship not expressed in tons shall be taken to be a reference to the gross tonnage of the ship expressed in tons. (5) For the purposes of this Act— (a) inter-state voyage and overseas voyage have the same respective meanings as in the Navigation Act, 1912; and (b) an intra-state voyage is a voyage other than an inter-state voyage or an overseas voyage; and (c) for the purposes of paragraphs (a) and (b), a ship shall be deemed to be proceeding on a voyage from the time when it is got under way for the purpose of proceeding on the voyage until the time when it is got under way for the purpose of proceeding on another voyage. (6) Where there is a discharge of oil or of an oily mixture or of a liquid substance or a mixture containing a liquid substance on to or into waters or any structure or thing and the whole or any part of the oil or oily mixture or liquid substance or mixture containing a liquid substance eventually enters any State waters, the discharge is for the purposes of this Act deemed to be a discharge into those State waters of the oil or oily mixture or liquid substance or mixture containing a liquid substance. 4—Act to bind Crown (1) This Act binds the Crown in right of South Australia and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities. (2) Nothing in this Act renders the Commonwealth or a State or Territory of the Commonwealth liable to be prosecuted for an offence. (3) Subsection (2) does not affect any liability of any servant or agent of the Commonwealth or of a State or Territory of the Commonwealth to be prosecuted for an offence. 5—Saving of other laws This Act shall be read and construed as being in addition to and not in derogation of any other law of the State. 6—Delegation (1) The Minister may, by instrument, delegate to a person any power or function of the Minister under this Act, other than this power of delegation. (2) A port manager may, by instrument, delegate to a person any power or function of the port manager as an inspector under this Act, other than this power of delegation. (3) A delegation under this section— (a) may be made conditionally or subject to conditions; and (b) is revocable at will; and (c) does not derogate from the power of the Minister or port manager to act in any matter personally. (4) A delegation under this section may be made to a specified person or to persons of a specified class, or may be made to the holder or holders for the time being of a specified office or class of offices. Part 2—Pollution by oil 7—Interpretation Except insofar as the contrary intention appears, an expression that is used in this Part and in Annex 1 to the Convention (whether or not a particular meaning is assigned to it by that Annex) has, in this Part, the same meaning as in that Annex. 8—Prohibition of discharge of oil or oily mixtures into State waters (1) Subject to subsections (2) and (4), if any discharge of oil or of an oily mixture occurs from a ship into State waters, the master and the owner of the ship are each guilty of an offence. Maximum penalty: (a) if the offender is a natural person—$200 000; or (b) if the offender is a body corporate—$1 000 000. (2) Subsection (1) does not apply to the discharge of oil or of an oily mixture from a ship— (a) for the purpose of securing the safety of a ship or saving life at sea; or (b) if the oil or oily mixture, as the case may be, escaped from the ship in consequence of damage, other than intentional, reckless or negligent damage, to the ship or its equipment, and all reasonable precautions were taken after the occurrence of the damage or the discovery of the discharge for the purpose of preventing or minimising the escape of oil or oily mixture, as the case may be; or (c) in the case of an oily mixture, if the discharge was for the purpose of combating specific pollution incidents in order to minimise the damage from pollution and was approved by a prescribed officer. (3) For the purposes of subsection (2)(b), damage to a ship or to its equipment will be taken to be— (a) intentional damage if the damage arose in circumstances in which the master or owner of the ship, or an employee or agent of the master or owner, acted with intent to cause the damage; (b) reckless damage if the damage arose in circumstances in which the master or owner of the ship, or an employee or agent of the master or owner, acted recklessly and with knowledge that damage would probably result; (c) negligent damage if the damage arose from a negligent act or omission on the part of the master or owner of the ship or an employee or agent of the master or owner. (4) Without limiting the generality of subsection (2) but subject to subsection (5), subsection (1) does not apply to— (a) the discharge from an oil tanker of oil or an oily mixture, not being oil or an oily mixture of the kind referred to in paragraph (c), if the following conditions are satisfied— (i) the oil tanker is not within a special area and is more than 50 nautical miles from the nearest land; (ii) the oil tanker is proceeding en route; (iii) the instantaneous rate of discharge of oil content does not exceed 30 litres per nautical mile; (iv) the total quantity of oil discharged into the sea does not exceed— (A) in the case of an oil tanker that is an existing tanker—one part in 15 000 parts of the total quantity of the cargo of oil of which oil discharged formed a part; or (B) in the case of an oil tanker that is a new tanker—one part in 30 000 parts of the total quantity of the cargo of oil of which oil discharged formed a part; (v) the oil tanker has in operation an oil discharge monitoring and control system and a slop tank arrangement as required by regulations made by virtue of section 267A of the Navigation Act, 1912; or (b) the discharge from a ship that is not an oil tanker of oil or an oily mixture if the following conditions are satisfied— (i) the ship is not within a special area; (ii) the ship is proceeding en route; (iii) the oil content of the effluent is less than 15 parts in 1 000 000 parts; (iv) the ship has in operation equipment as required by regulations made by virtue of section 267A of the Navigation Act, 1912; or (c) the discharge from an oil tanker of oil or an oily mixture, being oil or an oily mixture that is from the machinery space bilges (other than the cargo pump room bilges) of the oil tanker and does not include oil cargo residue, if the conditions specified in paragraph (b) are satisfied in relation to the discharge; or (d) the discharge from an oil tanker, or another ship that has a gross tonnage of 400 or more, of an unprocessed oily mixture, not being an oily mixture that originated from the cargo pump room bilges of the ship or includes oil cargo residue, if the following conditions are satisfied; or (i) the ship is not within a special area; (ii) the oil content of the unprocessed oily mixture without dilution is not more than 15 parts in 1 000 000 parts; or (e) subject to subsection (4a), the discharge of oil or an oily mixture from a machinery space bilge of a ship that has a gross tonnage of 400 or more if— (i) the ship was delivered before 6 July 1993; and (ii) the oil or oily mixture did not originate from a cargo pump-room bilge; and (iii) the oil or oily mixture is not mixed with oil cargo residues; and (iv) the ship is not within a special area; and (v) the ship is more than 12 nautical miles from the nearest land; and (vi) the ship is proceeding en route; and (vii) the oil content of the effluent is less than 100 parts per 1 000 000 parts; and (viii) the ship has in operation oily-water separating equipment as required by regulations made by virtue of section 267A of the Navigation Act, 1912; or (g) the discharge within a special area from an oil tanker, or another ship that has a gross tonnage of 400 or more, of processed bilge water from machinery spaces, not being bilge water that originated from the cargo pump room bilges of the ship or includes oil cargo residue, if the following conditions are satisfied— (i) the ship is proceeding en route; (ii) the oil content of the effluent without dilution is not more than 15 parts in 1 000 000 parts; (iii) the ship has in operation oil filtering equipment as required by regulations made by virtue of section 267A of the Navigation Act, 1912; (iv) the oil filtering equipment is equipped with a stopping device that automatically prevents any discharge of effluent when the oil content of the effluent without dilution is more than 15 parts in 1 000 000 parts; or (h) the discharge, within a special area from a ship that has a gross tonnage of less than 400 and is not an oil tanker of oil or an oily mixture, if the oil content of the effluent without dilution is less than 15 parts in 1 000 000 parts; or (j) the discharge from a ship of clean or segregated ballast. (4a) Subsection (4)(e) does not apply after— (a) 6 July 1998; or (b) the date on which the ship is fitted with equipment of a kind described in Regulation 16 of the amendments to the Annex of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships 1973 set out in Schedule 3 of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 of the Commonwealth, whichever is the earlier. (5) A reference to an oily mixture in subsection (4) shall be read as not including a reference to an oily mixture that contains— (a) chemicals or other substances in quantities or concentrations that are hazardous to the marine environment; or (b) chemicals or other substances that have been introduced for the purpose of attempting to prevent the application of subsection (1) to the discharge of an oily mixture from a ship. (6) In proceedings for an offence against subsection (1) in relation to a ship, it is sufficient for the prosecution to allege and prove that a discharge of oil or of an oily mixture occurred from the ship into State waters, but it is a defence if it is proved that, by virtue of subsection (2) or (4), subsection (1) does not apply in relation to the discharge. 9—Oil residues (1) Subject to subsection (2), if any oil residues that cannot be discharged from a ship into State waters without the commission of an offence against section 8(1) are not retained on board the ship while the ship is in State waters, the master and the owner of the ship are each guilty of an offence. Maximum penalty: (a) if the offender is a natural person—$200 000; or (b) if the offender is a body corporate—$1 000 000. (2) Oil residues may be discharged from a ship to a reception facility provided in accordance with Regulation 12 of Annex I to the Convention. 10A—Shipboard oil pollution emergency plan (1) This section applies to— (a) a trading ship proceeding on an intra-state voyage; or (b) an Australian fishing vessel proceeding on a voyage other than an overseas voyage; or (c) a pleasure vessel, that— (d) is an oil tanker with a gross tonnage of 150 or more; or (e) has a gross tonnage of 400 or more and is not an oil tanker. (2) In this section— prescribed incident, in relation to a ship, means— (a) a discharge from the ship of oil or an oily mixture, not being a discharge to which section 8(4) applies; or (b) an incident involving the probability of a discharge from the ship of oil or an oily mixture, not being a discharge to which section 8(4) would apply. (3) There must be kept on board a ship to which this section applies a shipboard oil pollution emergency plan written in the working language of the master of, and the officers on board, the ship. (4) A shipboard oil pollution emergency plan must be in accordance with the prescribed form and set out the following particulars: (a) the procedure to be followed, in accordance with this Act, by the master, or any other person having charge, of the ship in notifying a prescribed incident in relation to the ship; (b) a list of the authorities or persons that are to be notified by persons on the ship if a prescribed incident occurs in relation to the ship; (c) a detailed description of the action to be taken, immediately after a prescribed incident, by persons on board the ship to reduce or control any discharge from the ship resulting from the incident; (d) the procedures to be followed for co-ordinating with the authorities or persons that have been contacted (whether in Australia or in a country near to the place where the incident occurred) any action taken in combating the pollution caused by the incident and, in particular, the person on board the ship through whom all communications are to be made. (6) Subsection (4) does not prevent other relevant particulars from being included in the shipboard oil pollution emergency plan. (7) If a ship to which this section applies does not have on board a shipboard oil pollution emergency plan, the master of the ship and the owner of the ship are each guilty of an offence. Maximum penalty: $50 000. 11—Oil record book (1) This section applies to— (a) a trading ship proceeding on an intra-state voyage; or (b) an Australian fishing vessel proceeding on a voyage other than an overseas voyage; or (c) a pleasure vessel, that— (d) is an oil tanker; or (e) has a gross tonnage of 400 or more and is not an oil tanker. (2) Every ship to which this section applies shall carry such oil record books as are required by the regulations to be carried on the ship. (3) An oil record book shall be in accordance with the appropriate prescribed form with provision made for a signature, in accordance with subsection (6), in relation to each entry made in it and for a signature, in accordance with subsection (7), in relation to each page of it. (4) Where a ship to which this section applies does not carry an oil record book as required by this section, the master and the owner of the ship are each guilty of an offence. Maximum penalty: (a) if the offender is a natural person—$20 000; or (b) if the offender is a body corporate—$100 000. (5) Whenever a prescribed operation or prescribed occurrence is carried out or occurs in, or in relation to, a ship to which this section applies, the master of the ship shall make, without delay, appropriate entries in, or cause appropriate entries to be made, without delay, in the ship's oil record book, being entries in accordance with subsection (6). Maximum penalty: $20 000. (6) An entry in a ship's oil record book— (a) must be made in the English language; and (b) must be signed by the master of the ship and, in the case of an entry made in relation to a prescribed operation, by the officer or other person in charge of the operation. (7) Where a page of a ship's oil record book is completed, the master of the ship shall, without delay, sign the page. Maximum penalty: $20 000. 12—False entries in oil record book A person shall not make, in an oil record book of a ship to which section 11 applies, an entry that is false or misleading in a material particular. Maximum penalty: $20 000. 13—Oil record book to be retained (1) The owner of a ship to which section 11 applies shall cause each of the ship's oil record books to be retained— (a) in the ship; or (b) at the registered office in the State of the owner, until the expiration of the period of three years after the day on which the last entry was made in the book and to be readily available for inspection at all reasonable times. (2) Where an oil record book of a ship is not retained in accordance with subsection (1), the owner of the ship is guilty of an offence. Maximum penalty: (a) if the offender is a natural person—$20 000; or (b) if the offender is a body corporate—$100 000. (3) The owner of a ship to which section 11 applies who resides in the State, or has an office or agent in the State, may from time to time furnish to a prescribed officer notice, in writing, of an address, being the address of— (a) the place in the State at which the person so resides; or (b) the office of the person in the State, or if the person has more than one office in the State, the principal office in the State; or (c) the office or place of residence in the State of an agent or, if the agent has more than one office in the State, the principal office in the State of the agent, and the place or office of which an address is furnished for the time being under this subsection is the registered office in the State of the owner of the ship for the purposes of subsection (1). (4) Where the owner of a ship to which section 11 applies does not reside in the State and does not have an office or agent in the State, the owner may deposit an oil record book of the ship with a prescribed officer and, while the book is so deposited, the book is, for the purposes of subsection (1), deemed to be retained at the registered office in the State of the owner. Part 3—Pollution by noxious substances 14—Interpretation (1) In this Part— Annex II means Annex II to the Convention; liquid substance does not include oil; mixture includes ballast water, tank washings and other residues; oil has the same meaning as it has in Part 2. (2) Except insofar as the contrary intention appears, an expression that is used in this Part and in Annex II (whether or not a particular meaning is assigned to it by that Annex) has, in this Part, the same meaning as in that Annex. 15—Application of Act to mixture of oil and liquid substance Where a mixture contains oil and a liquid substance or oil and liquid substances, Part 2 and this Part apply in relation to the mixture. 16—Categories of noxious liquid substances (1) The regulations may declare that a liquid substance specified in the regulations is, for the purposes of this Act, deemed to be designated in Appendix II to Annex II and to be categorised in a category specified in the regulations, being Category A, B, C or D. (2) Where, in accordance with subsection (1), the regulations declare that a liquid substance is deemed to be designated in Appendix II to Annex II and to be categorised in Category A, the regulations shall declare that, for the purposes of this Act— (a) a residual concentration specified in the regulations shall be deemed to be the residual concentration prescribed for that substance in column III of that Appendix; and (b) a residual concentration specified in the regulations shall be deemed to be the residual concentration prescribed for that substance in column IV of that Appendix. (3) The regulations may declare that a liquid substance designated in Appendix II to Annex II is, for the purposes of this Act, deemed not to be so designated. (4) The regulations may declare that a liquid substance designated in Appendix II to Annex II and categorised in a particular category is, for the purposes of this Act, deemed not to be so categorised but to be categorised in a category specified in the regulations. 17—Appendix III substances (1) The regulations may declare that a liquid substance specified in the regulations is, for the purposes of this Act, deemed to be listed in Appendix III to Annex II. (2) The regulations may declare that a liquid substance listed in Appendix III to Annex II is, for the purposes of this Act, deemed not to be so listed. 18—Prohibition of discharge of substances into State waters (1) Subject to subsection (2) and subsections (4) to (12) (inclusive), if any discharge of a liquid substance, or of a mixture containing a liquid substance, being a substance or mixture carried as cargo or part cargo in bulk, occurs from a ship into State waters, the master and the owner of the ship are each guilty of an offence. Maximum penalty: (a) if the offender is a natural person—$200 000; or (b) if the offender is a body corporate—$1 000 000. (2) Subsection (1) does not apply to the discharge of a liquid substance or a mixture from a ship— (a) for the purpose of securing the safety of a ship or saving life at sea; or (b) if the substance or the mixture, as the case may be, escaped from the ship in consequence of damage, other than intentional, reckless or negligent damage, to the ship or its equipment, and all reasonable precautions were taken after the occurrence of the damage or the discovery of the discharge for the purpose of preventing or minimising the escape of the substance or the mixture, as the case may be; or (c) if the discharge was for the purpose of combating specific pollution incidents in order to minimise the damage from pollution and was approved by a prescribed officer. (3) For the purposes of subsection (2)(b), damage to a ship or to its equipment will be taken to be— (a) intentional damage if the damage arose in circumstances in which the master or owner of the ship, or an employee or agent of the master or owner, acted with intent to cause the damage; (b) reckless damage if the damage arose in circumstances in which the master or owner of the ship, or an employee or agent of the master or owner, acted recklessly and with knowledge that damage would probably result; (c) negligent damage if the damage arose from a negligent act or omission on the part of the master or owner of the ship or an employee or agent of the master or owner. (4) Without limiting the generality of subsection (2), (5) or (12) but subject to subsection (13), where— (a) the tank of a ship that held a substance in Category A or a mixture containing a substance in Category A has been cleaned in accordance with regulations made under section 24; and (b) the resulting residues in the tank have been discharged to a reception facility until the concentration of that substance in the effluent to that facility is, in the opinion of an inspector, at or below the residual concentration prescribed for that substance in column III of Appendix II to Annex II and until the tank is empty; and (c) the residue then remaining in the tank has been subsequently diluted by the addition of a volume of water, subsection (1) does not apply to the discharge from the ship of the water containing that residue if the following conditions are satisfied— (d) the discharge is made when the ship is not within a special area; and (e) the discharge is made when the ship is proceeding en route at a speed of— (i) where the ship is self-propelled, at least 7 knots; or (ii) where the ship is not self-propelled, at least 4 knots; and (f) the discharge is made below the water line of the ship, taking into account the location of the seawater intakes; and (g) the discharge is made when the ship is at a distance of not less than 12 nautical miles from the nearest land and in a depth of water of not less than 25 metres. (5) Without limiting the generality of subsection (2), (4) or (12) but subject to subsection (13), where— (a) the tank of a ship that held a substance in Category A or a mixture containing a substance in Category A has been washed in accordance with regulations made under section 24; and (b) the resulting residues in the tank have been discharged to a reception facility provided in accordance with Regulation 7 of Annex II by a State bordering a special area until the concentration of that substance in the effluent to that facility is, in the opinion of an inspector, at or below the residual concentration prescribed for that substance in column IV of Appendix II to Annex II and until the tank is empty; and (c) the residue then remaining in the tank has been subsequently diluted by the addition of a volume of water of not less than 5 per cent of the total volume of the tank, subsection (1) does not apply to the discharge into State waters of the residue diluted by that water if the conditions specified in paragraphs (e), (f) and (g) of subsection (4) are satisfied in relation to the discharge from the ship. (6) Without limiting the generality of subsection (2), (7) or (12) but subject to subsection (13), subsection (1) does not apply to the discharge from a ship of— (a) a substance in Category B; or (b) a mixture containing a substance in Category B, not being a mixture containing a substance in Category A, if the following conditions are satisfied— (c) the discharge is made when the ship is not within a special area; and (d) the discharge is made when the ship is proceeding en route at a speed of— (i) where the ship is self-propelled, at least 7 knots; or (ii) where the ship is not self-propelled, at least 4 knots; and (e) the procedures and arrangements for the discharge have been approved by a prescribed officer, being procedures and arrangements that ensure that the concentration and rate of discharge of the effluent is such that the concentration of the substance in Category B in the wake astern of the ship does not exceed 1 part in 1 000 000 parts; and (f) the maximum quantity of cargo discharged from each tank of the ship (including the associated piping system of the tank) does not exceed the maximum quantity specified in the procedures referred to in paragraph (e), not being a quantity exceeding 1 cubic metre or 1 part in 3 000 parts of the tank capacity in cubic metres, whichever is the greater; and (g) the discharge is made below the water line of the ship, taking into account the location of the seawater intakes; and (h) the discharge is made when the ship is at a distance of not less than 12 nautical miles from the nearest land and in a depth of water of not less than 25 metres. (7) Without limiting the generality of subsection (2), (6) or (12) but subject to subsection (13), where— (a) the tank of a ship that held— (i) a substance in Category B; or (ii) a mixture containing a substance in Category B, not being a mixture containing a substance in Category A, has been pre-washed in accordance with a procedure approved by a prescribed officer; and (b) the resulting tank washings have been discharged to a reception facility, subsection (1) does not apply to the discharge from the ship of the residue in that tank if the conditions specified in paragraphs (d), (e), (g) and (h) of subsection (6) are satisfied in relation to the discharge from the ship. (8) Without limiting the generality of subsection (2), (9) or (12) but subject to subsection (13), subsection (1) does not apply to the discharge from a ship of— (a) a substance in Category C; or (b) a mixture containing a substance in Category C, not being a mixture containing a substance in Category A or B, if the following conditions are satisfied— (c) the discharge is made when the ship is not within a special area; and (d) the discharge is made when the ship is proceeding en route at a speed of— (i) where the ship is self-propelled, at least 7 knots; or (ii) where the ship is not self-propelled, at least 4 knots; and (e) the procedures and arrangements for the discharge have been approved by a prescribed officer, being procedures and arrangements that ensure that the concentration and rate of discharge of the effluent are such that the concentration of the substance in Category C in the wake astern of the ship does not exceed 10 parts in 1 000 000 parts; and (f) the maximum quantity of cargo discharged from each tank of the ship (including the associated piping system of the tank) does not exceed the maximum quantity specified in the procedures referred to in paragraph (e), not being a quantity exceeding 3 cubic metres or 1 part in 1 000 parts of the tank capacity in cubic metres, whichever is the greater; and (g) the discharge is made below the water line of the ship, taking into account the location of the seawater intakes; and (h) the discharge is made when the ship is at a distance of not less than 12 nautical miles from the nearest land and in a depth of water of not less than 25 metres. (9) Without limiting the generality of subsection (2), (8) or (12) but subject to subsection (13), subsection (1) does not apply to the discharge from a ship of— (a) a substance in Category C; or (b) a mixture containing a substance in Category C, not being a mixture containing a substance in Category A or B, if the following conditions are satisfied— (c) the discharge is made when the ship is proceeding en route at a speed of— (i) where the ship is self-propelled, at least 7 knots; (ii) where the ship is not self-propelled, at least 4 knots; and (d) the procedures and arrangements for the discharge have been approved by a prescribed officer, being procedures and arrangements that ensure that the concentration and rate of discharge of the effluent are such that the concentration of the substance in Category C in the wake astern of the Ship does not exceed 1 part in 1 000 000 parts; and (e) the maximum quantity of cargo discharged from each tank of the ship (including the associated piping system of the tank) does not exceed the maximum quantity specified in the procedures referred to in paragraph (d), not being a quantity exceeding 1 cubic metre or 1 part in 3 000 parts of the tank capacity in cubic metres, whichever is the greater; and (f) the discharge is made below the water line of the ship, taking into account the location of the seawater intakes; and (g) the discharge is made when the ship is at a distance of not less than 12 nautical miles from the nearest land and in a depth of water of not less than 25 metres. (10) Without limiting the generality of subsection (2) or (12) but subject to subsection (13), subsection (1) does not apply to the discharge from a ship of— (a) a substance in Category D; or (b) a mixture containing a substance in Category D, not being a mixture containing a substance in Category A, B or C, if the following conditions are satisfied— (c) the discharge is made when the ship is proceeding en route at a speed of— (i) where the ship is self-propelled, at least 7 knots; or (ii) where the ship is not self-propelled, at least 4 knots; and (d) the substance or mixture has been mixed with water so that the concentration of the substance in Category D in the effluent does not exceed 1 part in 11 parts; and (e) the discharge occurs when the ship is not less than 12 nautical miles from the nearest land. (11) Without limiting the generality of subsection (2), subsection (1) does not apply to the discharge from a ship of bilge water, or of a mixture resulting from tank cleaning or de-ballasting operations, that contains a liquid substance, or liquid substances, listed in Appendix III to Annex II but does not contain any other liquid substance. (12) Without limiting the generality of subsection (2) or subsections (4) to (10) (inclusive), subsection (1) does not apply to the discharge from a ship of clean ballast or segregated ballast. (13) Subsections (4) to (10) (inclusive) do not apply in relation to a mixture that contains a liquid substance that is neither a noxious liquid substance nor a liquid substance listed in Appendix III to Annex II. (14) In proceedings for an offence against subsection (1) in relation to a ship, it is sufficient for the prosecution to allege and prove that a discharge of a substance, or a mixture containing a substance, carried as cargo of the ship occurred from the ship into State waters, but it is a defence if it is proved that, by virtue of subsection (2), (4), (5), (6), (7), (8), (9), (10), (11) or (12), subsection (1) does not apply in relation to the discharge. (15) In this section— inspector includes a surveyor appointed or authorised by the Government of a country that is a Party to the Convention for the purpose of implementing Regulation 8 of Annex II. 19—Certain liquid substances to be treated as oil (1) Notwithstanding any other provision of this Act, a prescribed substance in Category C or D, being a substance that has been identified by the Organisation as an oil-like substance under criteria developed by the Organisation, may be carried on an oil tanker within the meaning of Part 2 if the following conditions are satisfied: (a) the oil tanker complies with the provisions of Annex I of the Convention as applicable to product carriers within the meaning of that Annex; and (b) the oil tanker carries an International Oil Pollution Prevention Certificate and its Supplement B, being a certificate that has an endorsement— (i) that indicates that the ship is permitted to carry oil-like substances in conformity with Regulation 14 of Annex II of the Convention; and (ii) that specifies the oil-like substance or substances that the tanker is permitted to carry; and (c) the prescribed substance is the substance, or a substance, referred to in paragraph (b)(ii); and (d) in the case of a substance in Category C—the tanker complies with the ship type 3 damage stability requirements of— (i) in the case of a tanker constructed on or after 1 July 1986—the International Bulk Chemical Code; or (ii) in the case of a tanker constructed before 1 July 1986—the Bulk Chemical Code applicable under Regulation 13 of Annex II of the Convention; and (e) the oil content meter in the oil discharge monitoring and control system of the tanker has been approved by an inspector for use in monitoring the oil-like substances to be carried. (2) Where, by virtue of subsection (1), a substance is carried on an oil tanker within the meaning of Part 2— (a) section 8 applies in relation to the discharge of the substance as if the substance were oil within the meaning of Part 2; and (b) section 18 does not apply in relation to the discharge of the substance. 21—Cargo record book (1) This section applies to a trading ship proceeding on an intra-state voyage that carries liquid substance in bulk. (2) A cargo record book shall be carried in every ship to which this section applies. (3) A cargo record book shall be in accordance with the prescribed form with provision made for a signature, in accordance with subsection (7), in relation to each entry made in it and for a signature, in accordance with subsection (8), on each page of it. (4) Where a ship to which this section applies does not carry a cargo record book as required by this section, the master and the owner of the ship are each guilty of an offence. Maximum penalty: (a) if the offender is a natural person—$20 000; or (b) if the offender is a body corporate—$100 000. (5) Whenever a prescribed operation or occurrence is carried out or occurs in, or in relation to, a ship to which this section applies, the master of the ship shall make, without delay, appropriate entries in, or cause appropriate entries to be made, without delay, in the ship's cargo record book, being entries in accordance with subsection (7). Maximum penalty: $20 000. (6) Where an inspector has inspected a ship to which this section applies, the inspector must make, without delay, appropriate entries in the ship's cargo record book in accordance with subsection (7). (7) An entry in a ship's cargo record book— (a) must be made in the English language; and (b) in the case of an entry made in relation to a prescribed operation, must be signed by the officer or other person in charge of the operation. (8) Where a page of a ship's cargo record book is completed, the master of the ship shall, without delay, sign the page. Maximum penalty: $20 000. 22—False entries in cargo record book A person shall not make, in a cargo record book of a ship to which section 21 applies, an entry that is false or misleading in a material particular. Maximum penalty: $20 000. 23—Cargo record book to be retained (1) A cargo record book of a ship to which section 21 applies shall be retained in the ship until the expiration of a period of two years after the day on which the last entry was made in the book and shall be readily available for inspection at all reasonable times. (2) Where a cargo record book is not retained in a ship in accordance with subsection (1), the master and the owner of the ship are each guilty of an offence. Maximum penalty: (a) if the offender is a natural person—$20 000; or (b) if the offender is a body corporate—$100 000. (3) The owner of a ship to which section 21 applies shall cause each of the ship's cargo record books to be retained— (a) in the ship; or (b) at the registered office in the State of the owner, until the expiration of the period of one year next following the expiration of the period during which the book is required to be retained in the ship by virtue of subsection (1) and to be readily available for inspection at all reasonable times. (4) Where a cargo record book of a ship is not retained in accordance with subsection (3), the owner of the ship is guilty of an offence. Maximum penalty: (a) if the offender is a natural person—$20 000; or (b) if the offender is a body corporate—$100 000. (5) The owner of a ship to which section 21 applies who resides in the State, or has an office or agent in the State, may from time to time furnish to a prescribed officer notice, in writing, of an address, being the address of— (a) the place in the State at which the person so resides; or (b) the office of the person in the State or, if the person has more than one office in the State, the principal office in the State; or (c) the office or place of residence in the State of an agent or, if the agent has more than one office in the State, the principal office in the State of the agent, and the place or office of which an address is furnished for the time being under this subsection is the registered office in the State of the owner of the ship for the purposes of subsection (3). (6) Where the owner of a ship to which section 21 applies does not reside in the State and does not have an office or agent in the State, the owner may deposit a cargo record book of the ship with a prescribed officer and, while the book is so deposited, the book is, for the purposes of subsection (3), deemed to be retained at the registered office in the State of the owner. 24—Cleaning of tanks of ships The regulations may make provision for and in relation to giving effect to Regulation 8 of Annex II. Part 3AA—Prevention of pollution by packaged harmful substances 24AA—Interpretation (1) In this Part— Annex III means Annex III to the Convention. (2) Unless the contrary intention appears, an expression that is used in this Part and in Annex III (whether or not a particular meaning is assigned to it by that Annex) has, in this Part, the same meaning as in that Annex. 24AAB—Prohibition of discharge of harmful substances into State waters (1) Subject to subsection (3), if a discharge of a harmful substance carried as cargo in packaged form occurs from a ship into State waters, the master and the owner of the ship are each guilty of an offence. Maximum penalty: (a) if the offender is a natural person—$50 000; or (b) if the offender is a body corporate—$250 000. (2) Subsection (1) does not apply— (a) to the discharge of a harmful substance from a ship for the purpose of securing the safety of the ship and persons on board the ship or of saving life at sea; or (b) where a harmful substance is washed overboard from a ship— (i) in accordance with regulations or orders made pursuant to regulations; or (ii) in circumstances where compliance with such regulations or orders would have impaired the safety of the ship or of persons on board the ship. (3) In proceedings for an offence against subsection (1) in relation to a ship, it is sufficient for the prosecution to allege and prove that a discharge of a harmful substance referred to in subsection (1) occurred from the ship into State waters, but it is a defence if it is proved that, by virtue of subsection (2), subsection (1) does not apply in relation to the discharge. Part 3AAB—Prevention of pollution by garbage 24AAC—Interpretation (1) In this Part— Annex V means Annex V to the Convention. (2) Unless the contrary intention appears, an expression that is used in this Part and in Annex V to the Convention (whether or not a particular meaning is assigned to it by that Annex) has, in this Part, the same meaning as in that Annex. 24AAD—Prohibition of disposal of garbage into State waters (1) Subject to this section, if any disposal of garbage occurs (whether intentional or not) from a ship into State waters, the master and the owner of the ship are each guilty of an offence. Maximum penalty: (a) if the offender is a natural person—$50 000; or (b) if the offender is a body corporate—$250 000. (2) Subsection (1) does not apply to— (a) the disposal of garbage from a ship for the purpose of securing the safety of the ship and persons on board the ship or of saving life at sea; or (b) the escape of garbage from a ship in consequence of damage to the ship or its equipment, if all reasonable precautions were taken before and after the occurrence of the damage for the purpose of preventing or minimising the escape of the garbage; or (c) the accidental loss of a synthetic fishing net, or synthetic material used in the repair of such a net, if all reasonable precautions were taken to prevent the loss; or (d) the disposal from a ship of dunnage, lining or packing materials that will float and are not plastics if the ship— (i) is as far as practicable from, and is at a distance of not less than 25 nautical miles from, the nearest land; and (ii) is not alongside, or within 500 metres of, a fixed or floating platform engaged in the exploration, exploitation and associated offshore processing of seabed mineral resources; or (e) the disposal from a ship of garbage other than plastics, garbage referred to in paragraph (d) or food wastes if the ship— (i) is as far as practicable from the nearest land; and (ii) is at a distance of— (A) not less than 12 nautical miles from the nearest land; or (B) if the garbage is passed through a comminuter or grinder so that it is capable of passing through a screen with no opening greater than 25 millimetres—not less than 3 nautical miles from the nearest land; and (iii) is not alongside, or within 500 metres of, a platform of a kind referred to in paragraph (d)(ii); or (f) the disposal of food wastes from a ship if— (i) the ship— (A) is as far as practicable from, and is at a distance of not less than 12 nautical miles from, the nearest land; and (B) is not alongside, or within 500 metres of, a platform of a kind referred to in paragraph (d)(ii); or (ii) the conditions referred to in subparagraphs (i) and (ii)(B) of paragraph (e) are satisfied. (3) However, where— (a) garbage is mixed with matter the discharge or disposal of which from a ship into State waters is prohibited under another Part unless certain conditions are complied with; and (b) the conditions referred to in paragraph (a) are more stringent than the conditions referred to in subsection (2), subsection (1)— (c) applies to the disposal of the garbage from a ship despite the fact that the conditions referred to in subsection (2) have been complied with; but (d) does not apply to the disposal of the garbage from a ship if those more stringent requirements were complied with. (4) In proceedings for an offence against subsection (1) in relation to a ship, it is sufficient for the prosecution to allege and prove that garbage was disposed of from the ship into State waters, but it is a defence if it is proved that, by virtue of subsection (2) or (3), subsection (1) does not apply in relation to the disposal. (5) In this section— plastics includes synthetic ropes, synthetic fishing nets, plastic garbage bags and plastic or synthetic strapping. Part 3A—Construction of ships Division 1—Preliminary 24A—Preliminary (1) In this Part, unless the contrary intention appears— Annex I means Annex I to the Convention; Annex II means Annex II to the Convention. (2) This Part applies to— (a) a trading ship proceeding on an intra-state voyage; and (b) an Australian fishing vessel proceeding on a voyage other than an overseas voyage; and (c) a pleasure vessel. Division 2—Ships carrying or using oil 24B—Interpretation (1) Except insofar as the contrary intention appears, an expression that is used in this Division and in the Convention, including Annex I but not including any other Annex to the Convention, (whether or not a particular meaning is assigned to it by the Convention) has, in this Division, the same meaning as in the Convention. (2) For the purposes of this Division, a ship is not to be taken to comply with the provisions of Annex I if it does not comply with the regulations and orders referred to in section 24C. 24C—Regulations to give effect to Regulations 13 to 19 (inclusive) of Annex I (1) The regulations may make provision for and in relation to giving effect to Regulations 13 to 19 (inclusive) of Annex I. (2) Without limiting the generality of subsection (1), regulations made for the purposes of that subsection may empower the Minister to make orders with respect to any matter for or in relation to which provision may be made by the regulations by virtue of this section. (3) Orders made in pursuance of regulations made under subsection (1) are subject to disallowance by Parliament. (4) Sections 10, 11 and 12 of the Subordinate Legislation Act 1978 apply in relation to orders made in pursuance of regulations made under subsection (1) as if references in those sections to regulations were references to such orders. (5) Where an order made in pursuance of the regulations made under subsection (1) is inconsistent with a provision of this Act or the regulations, the latter prevails and the former is, to the extent of the inconsistency, of no force or effect. 24D—Ship construction certificates Where, on receipt of declarations of survey in respect of a ship, the Minister is satisfied that the ship is constructed in accordance with the provisions of Annex I, the Minister may, whether or not the ship is required by Annex I to be constructed in accordance with those provisions, issue in respect of the ship a ship construction certificate in the prescribed form attesting such compliance. 24E—Alteration etc of construction of ships and cancellation of certificates (1) Where the construction of a ship in respect of which a ship construction certificate issued under section 24D is in force is altered, or such a ship is damaged, in a manner which affects its compliance with the provisions of Annex I, the master or owner of the ship must, within seven days after the construction of the ship is altered or the ship is damaged, as the case may be, give a notice in writing of the alteration or damage to such person, and in such form, as are prescribed and, if the notice is not so given, the master and the owner of the ship are each guilty of an offence. Maximum penalty: (a) if the offender is a natural person—$5 000; or (b) if the offender is a body corporate—$25 000. (2) Where a notice required to be given under subsection (1) is not given within the period referred to in that subsection, the obligation to give the notice continues, despite the expiry of the period, until the notice is given and the master and the owner of the ship are each guilty of a separate and further offence in respect of each day during which the notice is not given, being a day after the expiration of that period. Maximum penalty: (a) if the offender is a natural person—$5 000; or (b) if the offender is a body corporate—$25 000. (3) Where the Minister has reason to believe that— (a) the report of a surveyor concerning a ship in respect of which a ship construction certificate issued under section 24D is in force was fraudulently or erroneously made or obtained; or (b) a ship construction certificate has been issued under section 24D in respect of a ship upon false or erroneous information; or (c) the construction of the ship in respect of which a ship construction certificate issued under section 24D is in force has been altered, or such a ship has been damaged, in a manner which affects its compliance with the provisions of Annex I; or (d) the owner of the ship in respect of which a ship construction certificate issued under section 24D is in force has failed to comply with section 24F in respect of the ship, the Minister may, by instrument, cancel the certificate. (4) Where the Minister cancels a ship construction certificate issued by the Minister in respect of a ship, the certificate is of no force or effect after the Minister has given notice in writing of the cancellation addressed to the owner, agent or master of the ship and served in accordance with the regulations. (5) Where a ship construction certificate issued in respect of a ship is cancelled under this section, the Minister may, by notice in writing addressed to the owner, agent or master of the ship and served in accordance with the regulations, require the certificate to be delivered up to the Minister or to such other person as the Minister specifies, and the Minister may detain the ship until the requirement is complied with. 24F—Ships to be surveyed periodically (1) The owner of a ship in respect of which a ship construction certificate issued under section 24D is in force must, at least once during each period that is a prescribed period in relation to the ship for the purposes of this section, cause the ship to be surveyed for the purpose of ensuring its compliance with the provisions of Annex I. (2) Where the owner of a ship in respect of which a ship construction certificate issued under section 24D is in force fails to comply with subsection (1) in relation to the ship and to a period that is a prescribed period in relation to the ship, the owner is guilty of an offence. Maximum penalty: (a) if the offender is a natural person—$8 000; or (b) if the offender is a body corporate—$40 000. 24G—Requirement for ship construction certificates (1) This section applies to— (a) a trading ship proceeding on an intra-state voyage; or (b) an Australian fishing vessel proceeding on a voyage other than an overseas voyage; or (c) a pleasure vessel, that is— (d) an oil tanker which has a gross tonnage of 150 or more; or (e) a ship, other than an oil tanker, which has a gross tonnage of 400 or more. (2) The master of a ship to which this section applies must not begin a voyage unless there is in force in respect of the ship a ship construction certificate. Maximum penalty: $40 000, or imprisonment for 4 years, or both. (3) The owner of a ship to which this section applies must not permit the ship to begin a voyage unless there is in force in respect of the ship a ship construction certificate. Maximum penalty: (a) if the offender is a natural person—$40 000, or imprisonment for 4 years, or both; or (b) if the offender is a body corporate—$200 000. (4) The regulations may exempt ships included in a prescribed class of ships from the application of subsection (1), either absolutely or subject to conditions. (5) In this section— ship construction certificate means— (a) a ship construction certificate issued under section 24D; or (b) a ship construction certificate issued under section 267B of the Navigation Act, 1912; or (c) a ship construction certificate issued under a law of another State or of the Northern Territory and being a certificate of the kind prescribed as acceptable for the purposes of this Division; or (d) an International Oil Pollution Prevention Certificate issued to a foreign ship under section 267C of the Navigation Act, 1912; or (e) an International Oil Pollution Prevention Certificate issued to an Australian ship under the law of a country other than Australia giving effect to Regulation 6 of Annex I. (6) The owner of a ship to which this section applies in respect of which a ship construction certificate is in force must cause the certificate to be carried on board the ship. Maximum penalty: $5 000. Division 3—Ships carrying noxious liquid substances in bulk 24H—Interpretation (1) Except insofar as the contrary intention appears, an expression that is used in this Division and in the Convention, including Annex II but not including any other Annex to the Convention, (whether or not a particular meaning is assigned to it by the Convention) has, in the Division, the same meaning as in the Convention. (2) For the purposes of this Division, a ship is not to be taken to comply with the provisions of Annex II if it does not comply with the regulations and orders referred to in section 24I. 24I—Regulations to give effect to Regulation 13 of Annex II (1) The regulations may make provision for and in relation to giving effect to Regulation 13 of Annex II. (2) Without limiting the generality of subsection (1), regulations made for the purposes of that subsection may empower the Minister to make orders with respect to any matter for or in relation to which provision may be made by the regulations by virtue of this section. (3) Orders made in pursuance of regulations made under subsection (1) are subject to disallowance by Parliament. (4) Sections 10, 11 and 12 of the Subordinate Legislation Act 1978 apply in relation to orders made in pursuance of regulations made under subsection (1) as if references in those sections to regulations were references to such orders. (5) Where an order made in pursuance of the regulations made under subsection (1) is inconsistent with a provision of this Act or the regulations, the latter prevails and the former is, to the extent of the inconsistency, of no force or effect. 24J—Chemical tanker construction certificates Where, on receipt of declarations of survey in respect of a ship, the Minister is satisfied that the ship is constructed in accordance with the provisions of Annex II, the Minister may, whether or not the ship is required by Annex II to be constructed in accordance with those provisions, issue in respect of the ship a chemical tanker construction certificate in the prescribed form attesting such compliance. 24K—Alteration etc of construction of ships and cancellation of certificates (1) Where the construction of a ship in respect of which a chemical tanker construction certificate issued under section 24J is in force is altered, or such a ship is damaged, in a manner which affects its compliance with the provisions of Annex II, the master or owner of the ship must, within seven days after the construction of the ship is altered or the ship is damaged, as the case may be, give a notice in writing of the alteration or damage to such person, and in such form, as are prescribed and, if the notice is not so given, the master and the owner of the ship are each guilty of an offence. Maximum penalty: (a) if the offender is a natural person—$5 000; or (b) if the offender is a body corporate—$25 000. (2) Without limiting the generality of subsection (1), a ship in respect of which a chemical tanker construction certificate is in force is, for the purposes of that subsection, to be taken to be damaged if the ship becomes unfit to proceed to sea without presenting an unreasonable threat of harm to the marine environment. (3) Where a notice required to be given under subsection (1) is not given within the period referred to in that subsection, the obligation to give the notice continues, despite the expiry of the period, until the notice is given and the master and the owner of the ship are each guilty of a separate and further offence in respect of each day during which the notice is not given, being a day after the expiration of that period. Maximum penalty: (a) if the offender is a natural person—$5 000; or (b) if the offender is a body corporate—$25 000. (4) Where the Minister has reason to believe that— (a) the report of a surveyor concerning a ship in respect of which a chemical tanker construction certificate issued under section 24J is in force was fraudulently or erroneously made or obtained; or (b) a chemical tanker construction certificate has been issued under section 24J in respect of a ship upon false or erroneous information; or (c) the construction of a ship in respect of which a chemical tanker construction certificate issued under section 24J is in force has been altered, or such a ship has been damaged, in a manner which affects its compliance with the provisions of Annex II; or (d) the owner of a ship in respect of which a chemical tanker construction certificate issued under section 24J is in force has failed to comply with section 24L in respect of the ship, the Minister may, by instrument, cancel the certificate. (5) Where the Minister cancels a chemical tanker construction certificate issued by the Minister in respect of a ship, the certificate is of no force or effect after the Minister has given notice in writing of the cancellation addressed to the owner, agent or master of the ship and served in accordance with the regulations. (6) Where a chemical tanker construction certificate issued in respect of a ship is cancelled under this section, the Minister ma