South Australian Consolidated Acts

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ENVIRONMENT PROTECTION (SEA DUMPING) ACT 1984 - SECT 11

11—Incineration at sea

        (1)         This section applies to incineration at sea carried out on, or carried out from—

            (a)         a vessel in coastal waters; or

            (b)         a platform.

        (2)         The incineration at sea of wastes or other matter listed in paragraphs 2, 3, 4, 6 and 7 of Annex I to the Convention, being incineration to which this section applies, is prohibited.

        (3)         The incineration at sea, otherwise than in accordance with a permit, of wastes or other matter listed in paragraphs 1 and 5 of Annex I to the Convention, being incineration to which this section applies, is prohibited.

        (4)         The incineration at sea, otherwise than in accordance with a permit, of wastes or other matter listed in Annex II, being incineration to which this section applies, is prohibited.

        (5)         The incineration at sea, otherwise than in accordance with a permit, of any wastes or other matter (other than wastes or other matter referred to in subsection (2), (3) or (4)), being incineration to which this section applies, is prohibited.

        (6)         The owner and the person in charge of a vessel or platform on which incineration at sea in contravention of this section is carried out and the owner of the wastes or other matter so incinerated are each guilty of an offence against this section and liable, on conviction, to a fine not exceeding—

            (a)         where the incineration was in contravention of subsection (2)—the sum of fifty thousand dollars if the offender is a natural person or the sum of one hundred thousand dollars if the offender is a body corporate; or

            (b)         where the incineration was in contravention of subsection (3)—the sum of forty thousand dollars if the offender is a natural person or the sum of eighty thousand dollars if the offender is a body corporate; or

            (c)         where the incineration was in contravention of subsection (4)—the sum of twenty-five thousand dollars if the offender is a natural person or the sum of fifty thousand dollars if the offender is a body corporate; or

            (d)         where the incineration was in contravention of subsection (5)—the sum of ten thousand dollars if the offender is a natural person or the sum of twenty thousand dollars if the offender is a body corporate.



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