New South Wales Consolidated Acts

MARINE POLLUTION ACT 1987 - SECT 18A

18A Persons causing a discharge of substances into State waters

(1) 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, each crew member of the ship, and each person involved in the operation or maintenance of the ship, whose act caused the discharge is 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) In proceedings for an offence under subsection (1), it is sufficient for the prosecution to allege and prove that a 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, occurred from a ship into State waters and the crew member or person involved in the operation or maintenance of the ship committed an act that caused the discharge.

(3) 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, each person responsible for the discharge is 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.

(4) For the purposes of subsection (3) a person is responsible for the discharge if that person, or another person acting under the direction of that person, committed an act that caused the discharge and the person committed the act:

(a) with intent to cause the discharge, or

(b) recklessly and with the knowledge that a discharge would probably result, or

(c) negligently.

(5) Subsections (1) and (3) do not apply to a discharge of a kind or in circumstances referred to in section 18 (2) (a), (c) or (d) or (4)-(12).

(6) A prosecution under this section does not affect the prosecution of the master or owner of a ship (or both of them) under section 18, however a person is not liable to be convicted in respect of the same discharge of both an offence:

(a) under this section and section 18 (1), or

(b) under subsections (1) and (3).