AustLII Tasmanian Consolidated Acts

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POLLUTION OF WATERS BY OIL AND NOXIOUS SUBSTANCES ACT 1987 - SECT 25G

25G. Garbage record book

      (1) This section applies to the following ships:

(a) vessels that have a gross tonnage of 400 or more;

(b) vessels that are certified to carry 15 or more persons;

(c) fixed or floating platforms that are engaged in exploration and exploitation of the sea-bed.

      (2) A garbage record book must be carried in every ship to which this section applies.

      (3) A garbage record book must be in accordance with the prescribed form with provision made for a signature, in accordance with subsection (7), in relation to each entry made in it and for a signature, in accordance with subsection (8), on each page of it.

      (4) If a ship to which this section applies does not carry a garbage record book as required by this section, the master and the owner of the ship are each guilty of an offence and are each liable on summary conviction to a fine not exceeding –

(a) if the offender is a natural person – 500 penalty units; or

(b) if the offender is a body corporate – 1 000 penalty units.

      (5) When a prescribed operation or occurrence is carried out or occurs in or in relation to a ship to which this section applies, the master of the ship must, without delay  –

(a) make appropriate entries in accordance with subsection (7) in the ship's garbage record book; or

(b) cause appropriate entries inaccordance with subsection (7) to be made in the ship's garbage record book.

      (6) An authorized officer who has inspected a ship to which this section applies must make appropriate entries in accordance with subsection (7) in the ship's garbage record book without delay.

      (7) An entry in a ship's garbage record book must –

(a) be made in the English language; and

(b) in the case of an entry made in relation to a prescribed operation, be signed by the officer or other person in charge of the operation.

      (8) When a page of a ship's garbage record book is completed, the master of the ship must sign the page without delay.

      (9) A person who fails to comply with subsection (5), (7) or (8) is guilty of an offence and is liable on summary conviction to a fine not exceeding 500 penalty units.

      (10) For the purposes of this section, a fixed or floating platform that is engaged in exploration and exploitation of the sea-bed is taken to be a ship.



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