New South Wales Consolidated Acts

MARINE POLLUTION ACT 1987 - SECT 13B

13B Ships must be insured against oil pollution

(1) In this section:
"adequate insurance" in relation to a ship means:

(a) such insurance or financial security against damage that may be caused by a discharge of oil or an oily mixture as the Minister:

(i) determines, by notice published in the Gazette, is adequate in relation to a particular ship or class of ships, or

(ii) approves in relation to a particular ship, and notifies in writing to the owner or master of the ship, or

(b) if a ship is required by the Protection of the Sea (Civil Liability) Act 1981 of the Commonwealth to carry a relevant insurance certificate on board, such a certificate in respect of the ship that is in force.

"port" has the same meaning as in the Ports and Maritime Administration Act 1995 .
"relevant insurance certificate" has the same meaning as in the Protection of the Sea (Civil Liability) Act 1981 of the Commonwealth.

(2) A ship must not be in State waters unless the ship:

(a) has adequate insurance, and

(b) carries on board evidence of that insurance in a form approved by the Minister.

(3) If a ship is in State waters without having adequate insurance or carrying on board evidence of that insurance as required by this section, the master and the owner of the ship are each guilty of an offence punishable, upon conviction, by a fine not exceeding:

(a) if the offender is a natural person-$55 000, or

(b) if the offender is a body corporate-$110 000.

(4) If an inspector believes on reasonable grounds that the ship does not have adequate insurance or carry on board evidence of that insurance as required by this section, the inspector may detain the ship in a port or at some other place until such time as the requirements of this section are met.

(5) If a ship, that is detained under this section, departs the port or other place at which it is detained before it is released from detention, the master and the owner are each guilty of an offence punishable, upon conviction, by a fine not exceeding:

(a) if the offender is a natural person-$55 000, or

(b) if the offender is a body corporate-$110 000.

(6) A person is not guilty of an offence under subsection (5) if the person can establish that he or she was not aware that the ship had been detained.