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MARINE POLLUTION ACT 2012 - SECT 95 Obligation to carry shipboard oil pollution emergency plan

MARINE POLLUTION ACT 2012 - SECT 95

Obligation to carry shipboard oil pollution emergency plan

95 Obligation to carry shipboard oil pollution emergency plan

(1) The master and the owner of a prescribed ship that is in State waters are each guilty of an offence if an approved shipboard oil pollution emergency plan is not carried on board the ship.
: Maximum penalty--$55,000.
(2) In proceedings for an offence against this section in relation to a ship, it is sufficient for the prosecution to allege and prove--
(a) that the ship is a prescribed ship, and
(b) that the ship was in State waters without an approved shipboard oil pollution emergency plan on board.
(3) In this section--


"approved" , in relation to a shipboard oil pollution emergency plan, means approved by--
(a) the Minister under this Division, or
(b) an Administration, within the meaning of Article 2 of the Protocol to MARPOL.

"prescribed ship" means a ship--
(a) that is an oil tanker that has a gross tonnage of 150 or more, or
(b) that is not an oil tanker and that has a gross tonnage of 400 or more.
Editor's note : See Reg 37.1 of Annex I of MARPOL.