Tasmania: Marine-related Incidents (MARPOL Implementation) Act 2020 (Tas)

Marine-related Incidents (MARPOL Implementation) Act 2020 An Act to protect State waters from pollution by oil and other substances, to give effect to certain parts of the MARPOL Convention, and for related purposes [Royal Assent 4 November 2020] Be it enacted by Her Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows: PART 1 - Preliminary 1. Short title This Act may be cited as the Marine-related Incidents (MARPOL Implementation) Act 2020 . 2. Commencement The provisions of this Act commence on a day or days to be proclaimed. 3. Interpretation (1) In this Act, unless the contrary intention appears – agent of the ship, in relation to a ship, means any person who performs for or on behalf of the charterer, owner, manager or operator of the ship any function or duty under or for the purposes of this Act and includes any person who, within the State, on behalf of the charterer, owner, manager or operator of the ship, undertakes or performs the functions of ships' husbandry or makes any arrangements for or in connection with the repair or berthing of the ship or the carriage, loading or unloading of cargo, stores or bunkers on the ship or from the ship; approved means approved by the Director; AMSA means the Australian Maritime Safety Authority established by the Australian Maritime Safety Authority Act 1990 of the Commonwealth; Australian ship means – (a) a ship registered in Australia; or (b) an unregistered ship having Australian nationality; charterer, of a ship, includes a person who has leased, or otherwise hired, the ship while the ship is so leased or hired; Committee means the State Marine Pollution Committee continued by section 43 ; Convention, or MARPOL Convention, means the International Convention for the Prevention of Pollution from Ships, 1973, as affected by any amendment, other than an amendment not accepted by Australia, made under Article 16 of the Convention; Convention on Tonnage Measurement means the International Convention on Tonnage Measurement of Ships, 1969,as affected by any amendment other than an amendment not accepted by Australia, made under Article 18 of that Convention; costs includes expenses; crew, in relation to a ship, includes its master; Director means the person appointed and holding office as Director, Environment Protection Authority under section 18(1) of the Environmental Management and Pollution Control Act 1994 ; engage in conduct includes to perform an act or to omit to perform an act; foreign ship means a ship that is not an Australian ship; function includes duty; Government department means a department established under the State Service Act 2000 , or established by any other enactment, as a department within the meaning of that Act; harbour master means – (a) in respect of a port, the port operator for the port; or (b) in respect of any other area, a person authorised by the Director; inspector – see section 7 ; land includes a structure attached to, extending from or used in connection with that land and a vehicle on that land; livestock includes fish reared commercially in marine farms; Local Government Association of Tasmania means – (a) the Local Government Association of Tasmania continued as a body corporate by section 326 of the Local Government Act 1993 , whether or not that body has changed its name; or (b) if that body ceases to exist, any other body that has substantially the same purpose and performs substantially the same functions; marine farm has the same meaning as in the Living Marine Resources Management Act 1995 ; marine pollutant means – (a) oil within the meaning of Annex I to the Convention; and (b) an oily mixture within the meaning of Annex I to the Convention; and (c) a noxious liquid substance within the meaning of Annex II to the Convention; and (d) a mixture that contains any substance referred to in paragraph (c) ; and (e) a harmful substance within the meaning of Annex III to the Convention; and (f) sewage within the meaning of Annex IV to the Convention; and (g) garbage within the meaning of Annex V to the Convention; marine pollutant spill means a discharge or jettison of a marine pollutant – (a) from a ship; or (b) from land, including a platform; or (c) during, or in connection with, a transfer operation; or (d) from an unidentified source; marine pollution means the pollution of State waters as a direct, or indirect, result of a marine pollutant spill; maritime casualty includes any one or more of the following: (a) a collision between ships; (b) the collision of a ship with a bridge, breakwater or wharf; (c) the stranding of a ship; (d) the breaking-up, capsizing or foundering of a ship; (e) an explosion or fire on a ship; (f) the abandonment or evacuation of a ship by its crew; (g) the failure of a pipeline or other apparatus used for transferring fuel between ships or between a ship and a facility on land; MAST means the Marine and Safety Authority established by the Marine and Safety Authority Act 1997 ; master in relation to a ship, means a person, other than a pilot, having command or charge of the ship; Navigation Act means the Navigation Act 2012 of the Commonwealth; occupier, in relation to land, includes the owner of that land; physical environment includes the wildlife and livestock that live in the environment being referred to; port means a port in State waters; port operator, in relation to a port, means – (a) the port operator within the meaning of the Marine and Safety Authority Act 1997 for the port; or (b) in any other case, the Tasmanian Ports Corporation Pty. Ltd. (ACN 114 161 938); prescribed means – (a) prescribed in regulations made under this Act; or (b) prescribed in orders made in accordance with section 73 ; prescribed officer, for the purposes of this Act, or a specific section of this Act, means – (a) the Director; or (b) a person or class of persons that has been prescribed for the purposes of this Act or the section; regulated Australian vessel has the same meaning as in the Navigation Act; regulations means regulations made under this Act; State authority means a body or authority, whether incorporated or not, which is established or constituted by or under an Act or under the royal prerogative, being a body or authority which, or of which the governing authority, wholly or partly comprises a person or persons appointed by the Governor, a Minister, or another State authority, but does not include a Government department; State waters means – (a) the waters of the territorial sea adjacent to the State that are within 3 nautical miles of the seaward side of the baseline of the territorial sea, by reference to which the territorial limits of Australia are defined for the purposes of international law; and (b) the sea on the landward side of that baseline 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; transfer operation means any operation that involves preparing for, or the performance of, a transfer of oil or a noxious liquid substance or any combination of those substances (whether in bulk, packaged or another form) to or from a ship or land. (2) Unless 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. (3) In this Act, unless the contrary intention appears, damage to a ship or its equipment does not include – (a) deterioration of the ship or equipment resulting from a failure to maintain the ship or equipment; or (b) defects that develop during the operation of the ship or equipment in accordance with the manufacturer's instructions. (4) In this Act, unless the contrary intention appears, damage to a ship or to its equipment is intentional damage if the damage – (a) arose in circumstances where the master, the charterer or the owner of the ship – (i) acted with intent to cause the damage; or (ii) acted recklessly and with knowledge that the damage was likely to result; or (b) arose as a result of the negligence of the master, the charterer or the owner of the ship. (5) If the gross tonnage applicable to a ship has been determined otherwise than in accordance with the Convention on Tonnage Measurement, in the application of this Act to the ship, a reference in this Act to the gross tonnage of a ship not expressed in tonnes is to be taken, in relation to the ship, to be a reference to the gross tonnage of the ship expressed in tonnes. 4. Application of Act The provisions of this Act are in addition to, and do not derogate from, any other law of the State. 5. Act to bind Crown (1) This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, 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 under this Act. (3) Subsection (2) does not affect any liability of a servant or agent of the Commonwealth, or a State or Territory of the Commonwealth, to be prosecuted for an offence. 6. Delegation (1) The Minister may delegate any of the Minister's powers or functions under this Act other than this power of delegation. (2) The Director may delegate any of the Director's powers or functions under this Act other than this power of delegation. 7. Inspectors (1) For the purposes of this Act, each of the following persons is an inspector: (a) the Director; (b) a police officer; (c) a person who is appointed in writing by the Director, on such terms and conditions as the Director thinks fit, to be an inspector for the purposes of this Act; (d) a person who is appointed in writing by AMSA, on such terms and conditions as AMSA thinks fit, to be an inspector for the purposes of this Act; (e) a person who is appointed in writing by a harbour master, on such terms and conditions as the harbour master thinks fit, to be an inspector for the purposes of this Act. (2) The Director is to cause to be issued to an inspector, other than a police officer, an authority in writing bearing a photograph of the officer. 8. Warships, &c., are exempt from Act Despite section 5 , this Act does not apply to – (a) a ship under the control of the Australian Defence Force; or (b) a warship, naval auxiliary or other ship engaged exclusively in the non-commercial government service of a foreign country. 9. Pollution that enters State waters taken to be pollution in State waters For the purposes of this Act – (a) a marine pollutant spill is taken to have occurred in State waters under this Act if the spill occurs in waters outside State waters, or on a structure or thing, and the discharged or jettisoned marine pollutant later enters State waters; and (b) the marine pollutant is taken to have been discharged into State waters at the time at which the discharged or jettisoned marine pollutant enters State waters. 10. Application of Act to mixtures of oil and noxious liquid substances For the purposes of this Act, if a mixture contains oil within the meaning of Annex I to the Convention and one or more noxious liquid substances within the meaning of Annex II to the Convention, Parts 2 and 3 both apply in relation to the mixture. PART 2 - Prevention of Pollution by Oil Division 1 - General 11. Interpretation Unless the contrary intention appears, an expression that is used in this Part and in Annex I 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. Division 2 - Pollution by oil or oily mixture 12. Prohibition of discharge of oil or oily mixture into State waters (1) Subject to subsections (3) and (4) , if oil, or an oily mixture, is discharged into State waters from a ship, the master, the charterer and the owner of the ship are each guilty of an offence. Penalty: In the case of – (a) a body corporate, a fine not exceeding 23 500 penalty units; and (b) an individual, a fine not exceeding 5 850 penalty units or imprisonment for a term not exceeding 4 years. (2) An offence against subsection (1) is a strict liability offence. (3) Subsection (1) does not apply to the discharge of oil, or an oily mixture, from a ship – (a) for the purpose of securing the safety of the ship or another ship, or saving human life at sea; or (b) if the oil, or oily mixture, escaped from the ship as a consequence of non-intentional 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, to prevent or minimise the escape of the oil or the oily mixture; or (c) in the case of an oily mixture, if the discharge was for the purpose of minimising damage from specific marine pollution and was approved by a prescribed officer; or (d) if the discharge was authorised by the Director for other purposes. (4) Subject to subsection (5) , subsection (1) does not apply to – (a) the discharge of oil, or an oily mixture, from a ship, if – (i) the ship has a gross tonnage of less than 400 tonnes; and (ii) the ship is proceeding en route; and (iii) the ship has in operation equipment, of a kind that meets the requirements set out by regulations made under section 130 of the Navigation Act that ensures that the oil content of the discharge without dilution does not exceed 15 parts in 1 000 000 parts; and (iv) if the ship is an oil tanker, the oily mixture does not originate from the cargo pump room bilges of the ship and is not mixed with oil cargo residues; or (b) the discharge of oil, or an oily mixture, from a ship, if – (i) the ship is not within a special area; and (ii) the ship has a gross tonnage equal to, or greater than, 400 tonnes; and (iii) the ship is proceeding en route; and (iv) the oil or oily mixture is processed using oil filtering equipment meeting the requirements under regulations made for the purposes of section 130 of the Navigation Act; and (v) the oil content of the effluent without dilution does not exceed 15 parts in 1 000 000 parts; and (vi) if the ship is an oil tanker, the oily mixture does not originate from the cargo pump room bilges of the ship and is not mixed with oil cargo residues; or (c) the discharge of oil, or an oily mixture, from a ship, if – (i) the ship is within a special area other than the Antarctic area; and (ii) the ship has a gross tonnage equal to, or greater than, 400 tonnes; and (iii) the ship is proceeding en route; and (iv) the oil or oily mixture is processed using oil filtering equipment meeting the requirements under regulations made for the purposes of section 130 of the Navigation Act; and (v) the oil content of the discharge without dilution does not exceed 15 parts in 1 000 000 parts; and (vi) if the ship is an oil tanker, the oily mixture does not originate from the cargo pump room bilges of the ship and is not mixed with oil cargo residues; or (d) the discharge of oil, or an oily mixture, from the cargo area of an oil tanker, if the discharge is of clean, or segregated, ballast. (5) A reference to an oily mixture in subsection (4) does not include 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. 13. Duty to report certain incidents involving oil or oily mixture (1) In this section – specified oil incident, in relation to a ship, means – (a) an incident involving a discharge into State waters from the ship of oil, or an oily mixture, that is not a discharge to which section 12(4) applies; or (b) an incident involving the reasonable likelihood of a discharge into State waters from the ship of oil, or an oily mixture, that is not a discharge to which section 12(4) would apply; or (c) if the ship is 15 metres or more in length, an incident involving damage, failure or breakdown that – (i) affects the safety of the ship (including a collision, grounding, fire, explosion, structural failure, flooding and cargo shifting); or (ii) impairs the ability to navigate the ship (including failure or breakdown of steering gear, propulsion plant, electrical generating system and essential shipborne navigational aids). (2) If a specified oil incident occurs in relation to a ship, the master of the ship must notify a prescribed officer as soon as possible, and in the prescribed manner, of the incident. Penalty: Fine not exceeding 500 penalty units. (3) A master of a ship must, if so requested by a prescribed officer, give a report to the prescribed officer in relation to the incident, in the approved form and within the prescribed time. Penalty: Fine not exceeding 200 penalty units. (4) Subsection (2) does not apply in relation to a specified oil incident in relation to a ship if it is not possible, in the circumstances, for the master of the ship to notify a prescribed officer of the incident in the prescribed manner. (5) If a specified oil incident occurs in relation to a ship and – (a) the master of the ship fails to comply with subsection (2) , for any reason, in relation to the incident; or (b) the incident occurs in circumstances in which the ship is abandoned – each person who is a charterer, owner, manager, operator or agent of the ship must ensure that a prescribed officer is notified as soon as possible, and in the prescribed manner, of the incident. Penalty: In the case of – (a) a body corporate, a fine not exceeding 1 000 penalty units; and (b) an individual, a fine not exceeding 500 penalty units. (6) An offence under subsection (2) or (5) is a strict liability offence. (7) Subsection (5) does not apply to a person in relation to a specified oil incident in relation to a ship if – (a) the person was not aware of the incident; or (b) the person reasonably believes that another person specified in subsection (5) has complied with that subsection in relation to the incident; or (c) in the case of a specified oil incident to which subsection (5) applies, the person did not know or could not reasonably be expected to have known that the master of the ship had not complied with subsection (2) in relation to the incident. (8) Subsection (7) is not to be taken to limit by implication any defence that would, but for that subsection, be available to a person charged with an offence against subsection (5) . (9) A person who has notified a prescribed officer, in accordance with subsection (5) , of the occurrence of the specified oil incident must, if so requested by a prescribed officer, give a report to the prescribed officer in relation to the incident, in the approved form and within the prescribed time. Penalty: Fine not exceeding 200 penalty units. 14. Power to require discharge of oil or oily mixture at facility (1) A prescribed officer may require, by written notice, the master or owner of a ship to cause oil or an oily mixture to be discharged from the ship to a specified facility that is suitable to receive that quantity of the oil or oily mixture, within a specified period, if the officer has reason to believe that retention of the oil or oily mixture would create a risk of discharge from the ship into the sea. (2) A notice under subsection (1) is to specify – (a) the facility to which the oil or oily mixture is to be discharged; and (b) the period within which the oil or oily mixture is to be discharged; and (c) the quantity of the oil or oily mixture that must be discharged. (3) A person required to cause oil or an oily mixture to be discharged from a ship by a notice given under subsection (1) must ensure that the notice is complied with in respect of the ship. Penalty: In the case of – (a) a body corporate, a fine not exceeding 500 penalty units; and (b) an individual, a fine not exceeding 250 penalty units. Division 3 - Transfer of oil cargo 15. Application of Division (1) In this Division – transfer means a transfer of oil cargo between two oil tankers to which this Division applies. (2) This Division applies to an oil tanker if – (a) the oil tanker has a gross tonnage of 150 tonnes or more; and (b) the oil tanker is engaged in a transfer; and (c) the transfer occurs while the oil tanker is in State waters; and (d) the transfer is not in accordance with transfers described in regulation 40.2, 40.3, 40.4 or 40.5 of Annex I to the Convention. (3) In any proceedings for an offence under this Division, a charge for the offence is taken, in the absence of evidence to the contrary, to mean that the transfer is not in accordance with those transfers described in regulation 40.2, 40.3, 40.4 or 40.5 of Annex I to the Convention. 16. Transfer to be in accordance with ship-to-ship operations plan (1) The master of an oil tanker to which this Division applies must not undertake a transfer if a transfer is not in accordance with the oil tanker's ship-to-ship operations plan. Penalty: Fine not exceeding 200 penalty units. (2) For the purposes of this section, a ship-to-ship operations plan for an oil tanker is – (a) if the oil tanker is an Australian ship, a plan – (i) that is in accordance with the prescribed form; and (ii) that is written in the working language of the master of, and the officers on board, the oil tanker; or (b) in any other case, a plan referred to in regulation 41.1 of Annex I to the Convention. 17. Transfer to be undertaken by qualified person (1) A person must not have overall advisory control of a transfer unless – (a) the person is the master of either oil tanker involved in the transfer; and (b) the person satisfies the prescribed qualification requirements. Penalty: Fine not exceeding 60 penalty units. (2) An offence against subsection (1) is a strict liability offence. (3) In this section – overall advisory control has the same meaning as in the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 of the Commonwealth. 18. Notification of transfer (1) In this section – ship-to-ship transfer information means information prescribed for the purposes of this section. (2) If ship-to-ship transfer information was available to the master of an oil tanker to which this Division applies at least 48 hours before the transfer begins, he or she must notify a prescribed officer, in the prescribed manner, of – (a) the transfer; and (b) the ship-to-ship transfer information – at least 48 hours before the transfer begins. Penalty: Fine not exceeding 200 penalty units. (3) If ship-to-ship transfer information was not available to the master of the oil tanker to which this Division applies at least 48 hours before the transfer begins, he or she must notify a prescribed officer, in the manner prescribed– (a) at least 48 hours before the transfer begins, of the transfer; and (b) before the transfer begins, of the ship-to-ship transfer information. Penalty: Fine not exceeding 200 penalty units. (4) If – (a) the master notified a prescribed officer, in the prescribed manner, of the transfer, and of the ship-to-ship transfer information, at least 48 hours before the transfer began under subsection (2) ; and (b) after notifying a prescribed officer in accordance with paragraph (a) , the estimated time of arrival of the oil tanker to which this Division applies at the location for the transfer changed by more than 6 hours; and (c) the master did not notify a prescribed officer, in the prescribed manner, of the new estimated time of arrival within 2 hours of the master becoming aware of the new estimated time of arrival – the master is guilty of an offence. Penalty: Fine not exceeding 60 penalty units. (5) An offence against subsection (4) is a strict liability offence. PART 3 - Prevention of Pollution by Noxious Liquid Substances 19. Interpretation (1) In this Part – Annex II means Annex II to the Convention; mixture includes ballast water, tank washings and other residues; oil has the same meaning as it has in Part 2 ; substance or mixture, in relation to a ship, means a noxious liquid substance, or a mixture that includes a noxious liquid substance, being carried as cargo, or part cargo, in bulk on that ship, unless otherwise provided by Annex II. (2) Unless 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. 20. Prohibition of discharge of substances or mixtures into State waters (1) If – (a) a person engages in conduct that results in a discharge of a substance or mixture from a ship into State waters; and (b) the person knowingly causes, or is reckless or negligent as to causing, the discharge by that conduct – the person is guilty of an offence. Penalty: In the case of – (a) a body corporate, a fine not exceeding 10 000 penalty units; and (b) an individual, a fine not exceeding 2 500 penalty units or imprisonment for a term not exceeding 4 years. (2) Subject to subsections (5) and (6) , if a substance or mixture is discharged into State waters from a ship, the master, the charterer and the owner of the ship are each guilty of an offence. Penalty: In the case of – (a) a body corporate, a fine not exceeding 1 000 penalty units; and (b) an individual, a fine not exceeding 500 penalty units. (3) An offence against subsection (2) is a strict liability offence. (4) Subsection (2) does not apply to the discharge from a ship into State waters of any residue of a substance or mixture if – (a) the ship was constructed on or after 1 January 2007; and (b) the ship's tank held a substance in Category Z or a mixture that includes a substance in Category Z; and (c) an approval was issued in accordance with section 21 in relation to discharge by the ship of the substance or mixture referred to in paragraph (b) ; and (d) the tank was emptied to the maximum extent in accordance with the procedures in the Procedures and Arrangements Manual; and (e) the discharge was made when the ship was proceeding en route at a speed of – (i) at least 7 knots, if the ship is self-propelled; or (ii) at least 4 knots, if the ship is not self-propelled; and (f) the discharge was made below the ship's waterline through the ship's underwater discharge outlets at a rate not exceeding the maximum rate for which each underwater discharge outlet is designed; and (g) the discharge was made when the ship was in water at least 25 metres deep. (5) Subsection (2) does not apply to the discharge of a substance or mixture from a ship – (a) for the purpose of securing the safety of a ship or saving human life at sea; or (b) if the substance or mixture escaped from the ship as a consequence of non-intentional 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 mixture; or (c) if the discharge was for the purpose of combating specific marine pollution in order to minimise the damage from pollution and was approved by a prescribed officer. (6) Subsection (2) does not apply to – (a) the discharge from a ship of bilge water, or of a mixture resulting from tank cleaning or deballasting operations, that contains one or more liquid substances referred to in regulation 6.1.4 of Annex II but does not contain any other liquid substance; or (b) the discharge from a ship of clean ballast or segregated ballast. 21. Approval to discharge Category Z substance (1) A person may apply to the Director for an approval to discharge a substance in Category Z or a mixture that includes a substance in Category Z from a ship into State waters. (2) On receiving an application under subsection (1) , the Director may issue an approval, subject to any conditions that the Director thinks fit, to discharge a substance in Category Z or a mixture that includes a substance in Category Z from a ship into State waters. (3) If the Director issues an approval in accordance with subsection (2) , he or she is to give notice to the person in the approved form. 22. Prohibition of carriage of unevaluated substances (1) For the purposes of this section – unevaluated substance or mixture means a substance or mixture that – (a) has not been categorized in accordance with regulation 6.1 of Annex II; or (b) has not been provisionally assessed in accordance with regulation 6.3 of Annex II. (2) If – (a) a person engages in conduct that results in an unevaluated substance or mixture being carried on an Australian ship in State waters; and (b) the person is negligent as to causing that result – the person is guilty of an offence. Penalty: Fine not exceeding 200 penalty units. (3) It is a defence in proceedings for an offence under subsection (2) if the person did not know or could not reasonably be expected to know that his or her conduct involved an unevaluated substance or mixture. (4) The master, the charterer and the owner of an Australian ship are each guilty of an offence if an unevaluated substance or mixture is carried on the ship in State waters. Penalty: In the case of – (a) a body corporate, a fine not exceeding 120 penalty units; and (b) an individual, a fine not exceeding 60 penalty units. (5) An offence under subsection (4) is a strict liability offence. 23. Duty to report certain incidents involving noxious liquid substances (1) In this section – noxious liquid substance does not include a substance referred to in regulation 6.1.4 of Annex II; specified noxious liquid substance incident, in relation to a ship, means – (a) an incident involving a discharge into State waters from the ship of a noxious liquid substance, or a mixture that includes a noxious liquid substance, that is not a discharge to which section 20(4) or (6) applies; or (b) an incident involving the reasonable likelihood of a discharge from the ship of a noxious liquid substance, or a mixture that includes a noxious liquid substance, that is not a discharge to which section 20(4) or (6) would apply; or (c) if the ship is 15 metres or more in length, an incident involving damage, failure or breakdown that – (i) affects the safety of the ship (including a collision, grounding, fire, explosion, structural failure, flooding and cargo shifting); or (ii) impairs the ability to navigate the ship (including failure or breakdown of steering gear, propulsion plant, electrical generating system or essential shipborne navigational aids). (2) If a specified noxious liquid substance incident occurs in relation to a ship, the master of the ship must notify a prescribed officer as soon as possible, and in the prescribed manner, of the incident. Penalty: Fine not exceeding 500 penalty units. (3) A master of a ship who has notified a prescribed officer, in accordance with subsection (2) , of the occurrence of a specified noxious liquid substance incident must give, within the prescribed time, if so requested by a prescribed officer, a report to the prescribed officer in relation to the incident in accordance with the approved form. Penalty: Fine not exceeding 200 penalty units. (4) Subsection (2) does not apply in relation to a specified noxious liquid substance incident in relation to a ship if it is not possible, in the circumstances, for the master of the ship to notify a prescribed officer of the incident in the prescribed manner. (5) If a specified noxious liquid substance incident occurs in relation to a ship and – (a) the master of the ship fails to comply with subsection (2) , for any reason, in relation to the incident; or (b) the ship is abandoned as a result of the circumstances in which the incident occurs – the charterer, owner, manager, operator or agent of the ship must each ensure that a prescribed officer is notified as soon as possible, and in the prescribed manner, of the incident. Penalty: In the case of – (a) a body corporate, a fine not exceeding 1 000 penalty units; and (b) an individual, a fine not exceeding 500 penalty units. (6) An offence under subsection (2) or (5) is a strict liability offence. (7) Subsection (5) does not apply to a person in relation to a specified noxious liquid substance incident in respect of a ship if – (a) the person was not aware of the incident; or (b) the person reasonably believes that another person specified in subsection (5) has complied with that subsection in relation to the incident; or (c) in the case of a specified noxious liquid substance incident to which subsection (5) applies, the person did not know or could not reasonably be expected to know that the master of the ship had not complied with subsection (2) in relation to the incident. (8) Subsection (7) is not to be taken to limit by implication any defence that would, but for that subsection, be available to a person charged with an offence against subsection (5) . (9) A person who has notified a prescribed officer, in accordance with subsection (5) , of the occurrence of the specified noxious liquid substance incident must, if so requested by a prescribed officer, give a report to the prescribed officer in relation to the incident, in the approved form and within the prescribed time. Penalty: Fine not exceeding 200 penalty units. 24. Power to require discharge of noxious liquid substance, or a mixture that includes a noxious liquid substance, at facility (1) A prescribed officer may require, by written notice, the master or owner of a ship to cause a noxious liquid substance, or a mixture that includes a noxious liquid substance, to be discharged from the ship to a specified facility, in accordance with the notice, if the officer has reason to believe that retention of the noxious liquid substance, or mixture that includes a noxious liquid substance, would create a risk of discharge from the ship into the sea. (2) A notice under subsection (1) is to specify – (a) the facility to which the noxious liquid substance, or mixture that includes a noxious liquid substance, is to be discharged; and (b) the period within which the noxious liquid substance, or mixture that includes a noxious liquid substance, is to be discharged; and (c) the quantity of the noxious liquid substance, or mixture that includes a noxious liquid substance, that must be discharged. (3) A person who is required to cause a noxious liquid substance, or a mixture that includes a noxious liquid substance, to be discharged from a ship by a notice given under subsection (1) must ensure that the notice is complied with in respect of the ship. Penalty: In the case of – (a) a body corporate, a fine not exceeding 500 penalty units; and (b) an individual, a fine not exceeding 250 penalty units. PART 4 - Prevention of Pollution by Packaged Harmful Substances 25. Interpretation (1) In this Part – harmful substance means a substance which – (a) is identified as a marine pollutant in the International Maritime Dangerous Goods Code (IMDG Code) as published by the International Maritime Organization; or (b) meets the criteria in the Appendix of Annex III to the Convention; packaged form means a form of containment specified for harmful substances in the International Maritime Dangerous Goods Code (IMDG Code) as published by the International Maritime Organization. (2) Unless the contrary intention appears, an expression that is used in this Part and in Annex III 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. 26. Prohibition of discharge by jettisoning of harmful substances into State waters (1) If – (a) a person engages in conduct that causes a harmful substance in packaged form, carried as cargo of a ship, to be jettisoned from a ship into State waters; and (b) the person knowingly causes, or is reckless or negligent as to causing, the jettisoning by that conduct – the person is guilty of an offence. Penalty: In the case of – (a) a body corporate, a fine not exceeding 10 000 penalty units; and (b) an individual, a fine not exceeding 2 500 penalty units or imprisonment for a term not exceeding 4 years. (2) Subject to subsections (4) and (5) , if a harmful substance in packaged form, carried as cargo of a ship, is jettisoned from the ship into State waters, the master, the charterer and the owner of the ship are each guilty of an offence. Penalty: In the case of – (a) a body corporate, a fine not exceeding 1 000 penalty units; and (b) an individual, a fine not exceeding 500 penalty units. (3) An offence against subsection (2) is a strict liability offence. (4) Subsection (2) does not apply to the jettisoning of a harmful substance from a ship for the purpose of securing the safety of the ship or saving human life at sea. (5) Where a harmful substance referred to in subsection (2) is discharged into State waters from a ship due to a leakage of the substance, for the purposes of this section, the substance is taken to have been jettisoned unless – (a) the substance was washed overboard from the ship in accordance with the prescribed requirements; or (b) the substance was washed overboard from the ship, otherwise than in accordance with the prescribed requirements, in circumstances where compliance with the prescribed requirements would have impaired the safety of the ship or of persons on board the ship. 27. Duty to report certain incidents involving harmful substances (1) In this section – specified harmful substance incident, in relation to a ship, means – (a) an incident involving the discharge from the ship of a harmful substance carried as cargo in packaged form or in a freight container, portable tank, road or rail vehicle or shipborne barge, not being a discharge in accordance with the regulations or orders made under the regulations; or (b) an incident involving the reasonable likelihood of the discharge from the ship of a harmful substance carried as cargo in packaged form or in a freight container, portable tank, road or rail vehicle or shipborne barge, not being a discharge in accordance with the regulations or orders made under the regulations; or (c) if the ship is 15 metres or more in length, an incident involving damage, failure or breakdown that – (i) affects the safety of the ship (including a collision, grounding, fire, explosion, structural failure, flooding and cargo shifting); or (ii) impairs the ability to navigate the ship (including failure or breakdown of steering gear, propulsion plant, electrical generating system or essential shipborne navigational aids). (2) If a specified harmful substance incident occurs in relation to a ship, the master of the ship must notify a prescribed officer as soon as possible, and in the prescribed manner, of the incident. Penalty: Fine not exceeding 500 penalty units. (3) A master of a ship who has notified a prescribed officer, in accordance with subsection (2) , of the occurrence of a specified harmful substance incident must, if so requested by a prescribed officer, give a report to the prescribed officer in relation to the incident, in the approved form and within the prescribed time Penalty: Fine not exceeding 200 penalty units. (4) Subsection (2) does not apply in relation to a specified harmful substance incident in relation to a ship if it is not possible, in the circumstances, for the master of the ship to notify a prescribed officer of the incident in the prescribed manner. (5) Subject to subsection (7) , if a specified harmful substance incident occurs in relation to a ship and – (a) the master of the ship fails to comply with subsection (2) , for any reason, in relation to the incident; or (b) the ship is abandoned as a result of the circumstances in which the incident occurs – the charterer, owner, manager, operator or agent of the ship must each ensure that a prescribed officer is notified as soon as possible, and in the prescribed manner, of the incident. Penalty: In the case of – (a) a body corporate, a fine not exceeding 1 000 penalty units; and (b) an individual, a fine not exceeding 500 penalty units or imprisonment for a term not exceeding 4 years. (6) An offence under subsection (2) or (5) is a strict liability offence. (7) Subsection (5) does not apply to a person in relation to a specified harmful substance incident in relation to a ship if – (a) the person was not aware of the incident; or (b) the person reasonably believes that another person specified in subsection (5) has complied with that subsection in relation to the incident; or (c) in the case of a specified harmful substance incident to which subsection (5) applies, the person did not know, or could not reasonably be expected to know, that the master of the ship had not complied with subsection (2) in relation to the incident. (8) Subsection (7) is not to be taken to limit by implication any defence that would, but for that subsection, be available to a person charged with an offence against subsection (5) . (9) A person who has notified a prescribed officer, in accordance with subsection (5) , of the occurrence of the specified harmful substance incident must, if so requested by a prescribed officer, give a report to the prescribed officer in relation to the incident, in the approved form and within the prescribed time. Penalty: Fine not exceeding 200 penalty units. PART 5 - Prevention of Pollution by Sewage 28. Interpretation Unless the contrary intention appears, an expression that is used in this Part and in Annex IV to the Convention (whether or not any meaning is assigned to the expression in that Annex) has the same meaning in this Part as in that Annex. 29. Prohibition of discharge of sewage into State waters (1) If – (a) a person engages in conduct that causes sewage to be discharged into State waters from a ship; and (b) the person knowingly causes, or is reckless or negligent as to causing, the discharge by that conduct – the person is guilty of an offence. Penalty: In the case of – (a) a body corporate, a fine not exceeding 10 000 penalty units; and (b) an individual, a fine not exceeding 2 500 penalty units. (2) Subject to subsections (4) and (5) , if sewage is discharged into State waters from a ship, the master, the charterer and the owner of the ship are each guilty of an offence. Penalty: In the case of – (a) a body corporate, a fine not exceeding 1 000 penalty units; and (b) an individual, a fine not exceeding 500 penalty units. (3) An offence against subsection (2) is a strict liability offence. (4) Subsection (2) does not apply to a ship if – (a) the discharge of sewage from the ship was for the purpose of securing the safety of the ship or saving human life at sea; or (b) the sewage is discharged from the ship as a consequence of damage to the ship or its equipment and all reasonable precautions were taken before and after the damage to the ship to prevent or minimise the discharge of the sewage; or (c) the ship is not a ship to which Annex IV to the Convention applies and the discharge complies with a sewage management directive issued by the Director under section 30 . (5) Subsection (2) does not apply to the discharge of sewage from a ship – (a) if the sewage has been treated in a sewage treatment plant on the ship, being a plant that a prescribed officer has certified meets the prescribed requirements; and (b) if the discharge does not produce visible floating solids in the waters of the sea and does not cause discolouration of the waters of the sea; and (c) if the ship is a prescribed passenger ship and the discharge occurs – (i) when the ship is within a special area; and (ii) on or after a prescribed day. 30. Sewage management directives (1) After consulting with the Director of Public Health appointed in accordance with section 6 of the Public Health Act 1997 , the Director may issue a directive in respect of the management of the discharge of sewage (a sewage management directive) by certain ships in State waters. (2) A sewage management directive is to specify – (a) the ships to which it applies, if it only applies to certain ships; and (b) the waters to which it applies, if it only applies to certain waters. (3) A sewage management directive may specify any one or more of the following matters: (a) the application of different or variable requirements on ships in respect of the discharge of sewage; (b) the waters in which the discharge of sewage is prohibited; (c) the waters in which the discharge of sewage is restricted; (d) the application of different treatment standards; (e) any other matter that the Director considers necessary for ensuring – (i) the protection of the aquatic environment from pollution by sewage from ships; or (ii) the health and safety of human beings in relation to such pollution of the aquatic environment. (4) For the avoidance of doubt, a sewage management directive may do any one or more of the following: (a) apply to more than one type of ship; (b) apply to more than one area of waters; (c) be made so as to apply differently according to the matters, limitations or restrictions, whether as to time, circumstance or otherwise, specified in the sewage management directive. (5) After making a sewage management directive under subsection (1) , the Director is to notify by public notice – (a) that the sewage management directive has been made; and (b) where a copy of the sewage management directive may be obtained. (6) A sewage management directive takes effect – (a) on the day specified in the sewage management directive, being a day that is on or after the day on which the making of the sewage management directive is notified under subsection (5) ; or (b) if no such day is specified, on the day after the day on which the making of the sewage management directive is notified under subsection (5) . 31. Power to require discharge of sewage at facility (1) A prescribed officer may require, by written notice, the master or owner of a ship to cause sewage to be discharged from the ship to a specified facility that is suitable to receive that quantity of sewage, within a specified period, if the officer has reason to believe that retention of the sewage would create a risk of discharge of the sewage from the ship into the sea. (2) A notice under subsection (1) is to specify – (a) the facility to which the sewage is to be discharged; and (b) the period within which the sewage is to be discharged; and (c) the quantity of the sewage that must be discharged. (3) A person who is required to cause sewage to be discharged from a ship by a notice given under subsection (1) must ensure that the notice is complied with in respect of the ship. Penalty: In the case of – (a) a body corporate, a fine not exceeding 500 penalty units; and (b) an individual, a fine not exceeding 250 penalty units. PART 6 - Prevention of Pollution by Garbage 32. Interpretation 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. 33. Prohibition of discharge of garbage into State waters (1) If – (a) a person engages in conduct that results in a discharge of garbage from a ship into State waters; and (b) the person knowingly causes, or is reckless or negligent as to causing, the discharge by that conduct – the person is guilty of an offence. Penalty: In the case of – (a) a body corporate, a fine not exceeding 10 000 penalty units; and (b) an individual, a fine not exceeding 2 500 penalty units. (2) Subject to subsections (4) , (5) , (6) , and (7) , if there is a discharge of garbage from a ship into State waters, the master, the charterer and the owner of the ship are each guilty of an offence. Penalty: In the case of – (a) a body corporate, a fine not exceeding 1 000 penalty units; and (b) an individual, a fine not exceeding 500 penalty units. (3) An offence against subsection (2) is a strict liability offence. (4) Subsection (2) does not apply to – (a) the discharge of garbage from a ship for the purpose of securing the safety of the ship and the persons on board the ship or of saving human life at sea; or (b) the discharge of garbage from a ship, if – (i) the discharge is due to damage to the ship or its equipment; and (ii) all reasonable precautions were taken, before and after the damage to the ship, to prevent or minimise the discharge; or (c) the discharge of food waste from a ship if the retention of that waste on board the ship presents an imminent health risk to the persons on board the ship; or (d) the discharge of fishing gear from a ship if – (i) the discharge is for the protection of the marine environment or for the safety of the ship or its crew; or (ii) if all reasonable precautions were taken to prevent the discharge. (5) Subsection (2) does not apply to the discharge of garbage from a ship if – (a) the discharge occurs when – (i) the ship is not within a special area; and (ii) the ship is proceeding en route and is as far as practicable from the nearest land; and (b) the garbage discharged is animal carcasses; and (c) the prescribed requirements are satisfied; and (d) the discharge occurs when the ship is not alongside, or within 500 metres of, a fixed or floating platform. (6) Subsection (2) does not apply to the discharge of garbage from a ship if – (a) the garbage is a cleaning agent or additive contained in deck wash water or other external surfaces wash water; and (b) the cleaning agent or additive is not a prescribed cleaning agent or additive; and (c) the discharge occurs when the ship is not alongside, or within 500 metres of, a fixed or floating platform; and (d) the discharge occurs when – (i) the ship is not within a special area; or (ii) the ship is within a special area and is proceeding en route. (7) If – (a) garbage is discharged into State waters; and (b) that garbage is mixed with, or contaminated by, other matter; and (c) the discharge or disposal of that matter from a ship into the State waters is prohibited under another Part unless certain conditions are complied with; and (d) the conditions referred to in paragraph (c) are more stringent than the conditions referred to in subsection (6) – subsection (2) does not apply to the discharge of the garbage from a ship if those more stringent requirements are complied with. 34. Power to require discharge of garbage at facility (1) A prescribed officer may require, by written notice, the master or owner of a ship to cause garbage to be discharged from the ship to a specified facility that is suitable to receive that quantity of garbage, within a specified period, if the officer has reason to believe that retention of the garbage would create a risk of discharge from the ship into the sea. (2) A notice under subsection (1) is to specify – (a) the facility to which the garbage is to be discharged; and (b) the period within which the garbage is to be discharged; and (c) the minimum quantity of the garbage that must be discharged. (3) A person who is required to cause garbage to be discharged from the ship by a notice given under subsection (1) in respect of a ship must ensure that the notice is complied with in respect of the ship. Penalty: In the case of – (a) a body corporate, a fine not exceeding 500 penalty units; and (b) an individual, a fine not exceeding 250 penalty units. PART 7 - Prevention of Pollution from Transfer Operations 35. Interpretation In this Part – pipeline means a purpose-built pipeline used in, or in connection with, a transfer operation; specified marine pollutant means one, or any combination, of the following substances (whether in bulk, packaged or another form): (a) oil; (b) a noxious liquid substance. 36. Prohibition of discharge of specified marine pollutant from ship or land during transfer operation (1) If – (a) a person engages in conduct that results in a discharge into State waters, from a ship or land, of a specified marine pollutant during, or in connection with, a transfer operation; and (b) the person knowingly causes, or is reckless or negligent as to causing, the discharge by that conduct – the person is guilty of an offence. Penalty: In the case of – (a) a body corporate, a fine not exceeding 10 000 penalty units; and (b) an individual, a fine not exceeding 2 500 penalty units or imprisonment for a term not exceeding 4 years. (2) If a specified marine pollutant is discharged into State waters from a ship during, or in connection with, a transfer operation, the master, the charterer and the owner of the ship and the person in charge of the transfer operation are each guilty of an offence. Penalty: In the case of – (a) a body corporate, a fine not exceeding 1 000 penalty units; and (b) an individual, a fine not exceeding 500 penalty units. (3) If a specified marine pollutant is discharged into State waters from land during, or in connection with, a transfer operation, the occupier of the land is guilty of an offence. Penalty: In the case of – (a) a body corporate, a fine not exceeding 1 000 penalty units; and (b) an individual, a fine not exceeding 500 penalty units. (4) An offence against subsection (2) or (3) is a strict liability offence. 37. Prohibition of discharge of specified marine pollutant from pipeline used in transfer operation (1) If – (a) a person engages in conduct that results in a discharge into State waters, from a pipeline, of a specified marine pollutant during, or in connection with, a transfer operation; and (b) the person knowingly causes, or is reckless or negligent as to causing, the discharge by that conduct – the person is guilty of an offence. Penalty: In the case of – (a) a body corporate, a fine not exceeding 10 000 penalty units; and (b) an individual, a fine not exceeding 2 500 penalty units or imprisonment for a term not exceeding 4 years. (2) If a specified marine pollutant is discharged into State waters from a pipeline whether or not it is being used in, or in connection with, a transfer operation – (a) the occupier of the land on which the pipeline is situated; and (b) the owner of the pipeline; and (c) any lessee, licensee or user of any lease, licence or right of use for the use of the pipeline for the carriage of oil; and (d) the person in charge of the pipeline; and (e) each other person responsible for the discharge – are each guilty of an offence. Penalty: In the case of – (a) a body corporate, a fine not exceeding 1 000 penalty units; and (b) an individual, a fine not exceeding 500 penalty units. (3) An offence against subsection (2) is a strict liability offence. 38. Prevention of discharge or spread of specified marine pollutant during transfer (1) In this section – responsible person, in relation to a transfer operation, means one of the following persons: (a) the master of the ship involved in the transfer operation; (b) the charterer of the ship involved in the transfer operation; (c) the owner of the ship involved in the transfer operation; (d) the occupier of the land on which a pipeline used in the transfer operation is situated; (e) the person in charge of the transfer operation. (2) A responsible person must take reasonable measures to – (a) prevent the discharge of a specified marine pollutant into State waters during, or in connection with, a transfer operation; and (b) if a specified marine pollutant is discharged into State waters during, or in connection with, a transfer operation – (i) contain the specified marine pollutant; and (ii) prevent further spread of the specified marine pollutant. Penalty: In the case of – (a) a body corporate, a fine not exceeding 1 000 penalty units; and (b) an individual, a fine not exceeding 500 penalty units. 39. Transfer of specified marine pollutant at night (1) If a person proposes to transfer a specified marine pollutant from or to a ship in State waters between sunset and sunrise, the person responsible for that transfer is to submit, before the transfer takes place, a written request for permission to undertake the transfer to – (a) the harbour master in charge of the waters in which the transfer is proposed to take place; or (b) if there is no harbour master in charge of the waters in which the transfer is proposed to take place, the Director. (2) On receipt of a written request under subsection (1) , the harbour master in charge of the waters in which the transfer referred to in the request is proposed to take place, or the Director, may, in writing – (a) issue permission, with or without conditions; or (b) refuse to issue permission – to undertake the transfer requested. (3) If a specified marine pollutant is transferred from or to a ship in State waters between sunset and sunrise and – (a) permission in writing has not been issued in accordance with subsection (2) ; or (b) the pollutant is transferred in contravention of a condition attached to a permission issued in accordance with subsection (2) – the master, the charterer and the owner of the ship are each guilty of an offence. Penalty: In the case of – (a) a body corporate, a fine not exceeding 5 000 penalty units; and (b) an individual, a fine not exceeding 1 250 penalty units or imprisonment for a term not exceeding 2 years. (4) If a specified marine pollutant is transferred from a ship to land, or from l