Commonwealth Consolidated Acts

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ENVIRONMENT PROTECTION (SEA DUMPING) ACT 1981 - SECT 10C

Loading for the purpose of dumping or incineration

             (1)  A person is guilty of an offence against this section if, otherwise than in accordance with a permit, the person:

                     (a)  loads controlled material on a vessel, aircraft or platform in Australia or Australian waters:

                              (i)  knowing that it will be dumped into the sea or incinerated at sea; or

                             (ii)  reckless as to whether it will be dumped into the sea or incinerated at sea; or

                     (b)  loads controlled material on any Australian vessel or Australian aircraft:

                              (i)  knowing that it will be dumped into the sea or incinerated at sea; or

                             (ii)  reckless as to whether it will be dumped into the sea or incinerated at sea.

             (2)  An offence against this section is punishable, on conviction, as follows:

                     (a)  if it is proved that any of the offending material is seriously harmful material--imprisonment for up to 10 years or a fine up to 2,000 penalty units, or both;

                     (b)  if it is proved that any of the offending material is not within Annex 1 to the Protocol--imprisonment for up to 2 years or a fine up to 500 penalty units, or both;

                     (c)  in any other case--imprisonment for up to 1 year or a fine up to 250 penalty units, or both.



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