New South Wales Consolidated Acts

MARINE POLLUTION ACT 1987 - SECT 18

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 punishable, upon conviction, by a fine not exceeding:

(a) if the offender is a natural person-$500 000, or

(b) if the offender is a body corporate-$10 000 000.

(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,

(b) if the substance or the mixture, as the case may be, escaped from the ship in consequence of 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,

(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, or

(d) if the discharge was authorised by the Minister for training purposes.

(3) For the purposes of subsection (2) (b), "damage" to a ship or its equipment does not include the following:

(a) damage arising as a result of the master or owner of the ship, or another person acting under the direction of the master or owner of the ship:

(i) acting with intent to cause the damage, or

(ii) acting recklessly and with the knowledge that damage would probably result, or

(iii) acting negligently,

(b) damage arising from a failure to maintain the ship or equipment,

(c) damage arising through wear and tear,

(d) defects that develop during the normal operation of the ship or equipment.

(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,

(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,

(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,

(f) the discharge is made below the water line of the ship taking into account the location of the sea-water 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 is 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,

(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,

subsection (1) does not apply to the discharge into State waters of the water containing that residue 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,

(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,

(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,

(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,

(g) the discharge is made below the water line of the ship, taking into account the location of the sea-water 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,

(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,

(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,

(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,

(g) the discharge is made below the water line of the ship, taking into account the location of the sea-water 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, or

(ii) where the ship is not self-propelled, at least 4 knots,

(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,

(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,

(f) the discharge is made below the water line of the ship, taking into account the location of the sea-water 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,

(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 into waters referred to in paragraph (a) or (b) of the definition of "State waters" in section 3 (1) 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.