New South Wales Consolidated Acts

MARINE POLLUTION ACT 1987 - SECT 32

32 Restrictions on transfer of oil etc at night

(1) Oil or oily mixtures or liquid substances or mixtures containing liquid substances shall not be transferred between sunset and sunrise to or from a ship in State waters unless:

(a) notice of the transfer has been given to, and

(b) permission in writing is obtained from,

the harbour master or other person in charge of the waters or the Minister.

(2) In the case of a transfer to be carried out at a place where transfers are frequently and regularly carried out:

(a) the notice may be a general notice that transfers will be carried out within a period specified in the notice, and

(b) the permission may be general and subject to such conditions as the harbour master, person or Minister thinks fit.

(3) If any oil or oily mixture or liquid substance or mixture containing a liquid substance is transferred to or from a ship in contravention of this section, or if a condition attached to a permission given is not observed:

(a) the owner and the master of the ship, and

(b) if it is transferred to or from a place on land, the occupier of that place,

are each guilty of an offence.

Penalty: 500 penalty units.