New South Wales Consolidated Acts

MARINE POLLUTION ACT 1987 - SECT 29

29 Keeping of records relating to transfer etc

(1) This section applies to:

(a) the owner or the master of a ship or the occupier of a place on land to or from which oil or an oily mixture or a liquid substance or a mixture containing a liquid substance is transferred,

(b) the person in charge of an apparatus or a purpose-built pipeline used in or in connection with a transfer operation, and

(c) the occupier of a purpose-built pipeline used in or in connection with a transfer operation.

(2) A person to whom this section applies shall keep such records as the person is required to keep by the regulations.

(3) The regulations may:

(a) prescribe the form in which the records shall be kept and the nature of the entries to be made in them,

(b) require the person keeping the records to retain them for a prescribed period and in a prescribed place,

(c) require the records, at the end of that period, to be transmitted to a place or person determined by or under the regulations, and

(d) provide for the custody or disposal of the records after their transmission.

(4) Whenever an occurrence required by regulations made under this section to be recorded by a person occurs, the person shall make, without delay, the appropriate entry in the prescribed record.

Penalty: 200 penalty units.

(5) A person shall not fail to keep or cause to be kept or to retain or to transmit a record in accordance with regulations made under this section.

Penalty: If the offender is a natural person, 200 penalty units and if the offender is a corporation, 1 000 penalty units.

(6) A person shall not make, in a record required to be kept by regulations made under this section, an entry that is false or misleading in a material particular.

Penalty: 200 penalty units.