New South Wales Consolidated Acts

MARINE POLLUTION ACT 1987 - SECT 42

42 Alteration etc of construction of ships and cancellation of certificates

(1) Where the construction of a ship in respect of which a chemical tanker construction certificate issued under section 41 is in force is altered, or such a ship is damaged, in a manner which affects its compliance with the provisions of Annex II, the master or owner of the ship shall, within 7 days after the construction of the ship is altered or the ship is damaged, as the case may be, give a notice in writing of the alteration or damage to such person, and in such form, as are prescribed and, if the notice is not so given, 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-10 penalty units, or

(b) if the offender is a body corporate-50 penalty units.

(2) Without limiting the generality of subsection (1), a ship in respect of which a chemical tanker construction certificate is in force shall, for the purposes of that subsection, be taken to be damaged if the ship becomes unfit to proceed to sea without presenting an unreasonable threat of harm to the marine environment.

(3) Where a notice required to be given under subsection (1) is not given within the period referred to in that subsection, the following provisions of this subsection have effect:

(a) the obligation to give the notice continues, notwithstanding that that period has expired, until the notice is given,

(b) the master and the owner of the ship are each guilty of a separate and further offence in respect of each day during which the notice is not given, being a day after the expiration of that period,

(c) the penalty applicable to each such separate and further offence is a fine not exceeding:

(i) if the offender is a natural person-10 penalty units, or

(ii) if the offender is a body corporate-50 penalty units.

(4) Where the Minister has reason to believe that:

(a) the report of a surveyor concerning a ship in respect of which a chemical tanker construction certificate issued under section 41 is in force was fraudulently or erroneously made or obtained,

(b) a chemical tanker construction certificate has been issued under section 41 in respect of a ship upon false or erroneous information,

(c) the construction of a ship in respect of which a chemical tanker construction certificate issued under section 41 is in force has been altered, or such a ship has been damaged, in a manner which affects its compliance with the provisions of Annex II, or

(d) the owner of a ship in respect of which a chemical tanker construction certificate issued under section 41 is in force has failed to comply with section 43 in respect of the ship,

the Minister may, by instrument in writing, cancel the certificate.

(5) Where the Minister cancels a chemical tanker construction certificate issued by it in respect of a ship, the certificate is of no force or effect after the Minister has given notice in writing of the cancellation addressed to the owner, agent or master of the ship and served in accordance with the regulations.

(6) Where a chemical tanker construction certificate issued in respect of a ship is cancelled under this section, the Minister may, by notice in writing addressed to the owner, agent or master of the ship and served in accordance with the regulations, require the certificate to be delivered up to the Minister or to such other person as the Minister specifies, and the Minister may detain the ship until the requirement is complied with.