New South Wales Consolidated Acts

MARINE POLLUTION ACT 1987 - SECT 28

28 Duty to report discharge

(1) If a discharge to which this Part applies occurs, each appropriate person in relation to the discharge shall, without delay, notify, in the prescribed manner, the Minister of the occurrence.

Penalty: $120 000.

(2) In a prosecution of a person for an offence against subsection (1) in relation to an occurrence, it is a defence if the person proves that the person was unable to comply with the subsection in relation to the occurrence.

(3) A person who, pursuant to subsection (1), has notified the Minister of the occurrence of a discharge, shall, if so requested by the Minister, furnish, within the prescribed time, a report to the Minister in relation to the occurrence in accordance with the prescribed form.

Penalty: $120 000.

(4) A person shall not, in a notice given to the Minister pursuant to subsection (1) or in a report furnished to the Minister pursuant to subsection (3), make a statement that is false or misleading in a material particular.

Penalty: $120 000.

(5) A notice given to the Minister pursuant to subsection (1), and a report furnished to the Minister pursuant to subsection (3), shall not, without the consent of the person charged, be admitted in evidence in a prosecution for an offence against section 27 (1).