Tasmanian Consolidated Acts

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

      (1) If an incident in relation to a ship occurs in State waters, the master of the ship must notify a prescribed officer of the incident in the prescribed manner without delay.

Penalty:

Fine not exceeding 500 penalty units.

      (2) In proceedings for an offence under subsection (1) it is a defence for the defendant to prove that he or she was unable to comply with that subsection in relation to the relevant incident.

      (3) If an incident in relation to a ship occurs in State waters and –

(a) the master of the ship is unable to comply with subsection (1) in relation to the incident; or

(b) the incident occurs in circumstances in which the ship is abandoned –

      (4) In proceedings for an offence under subsection (3), it is a defence for the defendant to prove –

(a) that the defendant was not aware of the relevant incident; or

(b) in the case of an incident to which subsection (3)(a) applies, that the defendant neither knew nor suspected that the master of the ship was unable to comply with subsection (1) in relation to the relevant incident.

      (5) Subsection (4) is not to be taken as limiting by implication any defence that would, but for that subsection, be available to a person charged with an offence against subsection (3).

      (6) A master of a ship who has complied with subsection (1) must, if requested to do so by a prescribed officer, furnish a report of the relevant incident to a prescribed officer in the prescribed form and within the prescribed time.

Penalty:

Fine not exceeding 500 penalty units.

      (7) Where subsection (3) applies in relation to an incident, a person who has complied with that subsection must, if requested to do so by a prescribed officer, furnish a report of the relevant incident to a prescribed officer in the prescribed form and within the prescribed time.

Penalty:

Fine not exceeding 500 penalty units.

      (8) A person must not, in a notice given to a prescribed officer pursuant to subsection (1) or (3) or in a report furnished to a prescribed officer pursuant to subsection (6) or (7), make a statement that is false or misleading in a material particular.

Penalty:

Fine not exceeding 500 penalty units.

      (9) A notice given to a prescribed officer pursuant to subsection (1) or (3), or a report furnished to a prescribed officer pursuant to subsection (6) or (7), is not admissible in evidence in a prosecution for an offence against section 8(1), section 20(1), section 25C(1) or section 25F(1) without the consent of the defendant.

      (10) In this section,

"incident in relation to a ship" means any one, or any combination of, the following:

(a) the discharge from the ship of oil or an oily mixture contrary to section 8(1), other than a discharge to which section 8(4) applies;

(b) an incident involving the probable discharge from the ship of oil or an oily mixture contrary to section 8(1), other than a discharge to which section 8(4) would apply;

(c) the discharge from the ship of a liquid substance, or a mixture containing a liquid substance, carried as cargo or part cargo in bulk contrary to section 20(1), other than a discharge to which section 20(4), (5), (6), (7), (8), (9), (10), (11) or (12) applies;

(d) an incident involving the probable discharge from the ship of a liquid substance, or a mixture containing a liquid substance, carried as cargo or part cargo in bulk contrary to section 20(1), other than a discharge to which section 20(4), (5), (6), (7), (8), (9), (10), (11) or (12) would apply;

(e) the jettisoning from the ship of a harmful substance carried as cargo in packaged form contrary to section 25C(1);

(f) an incident involving the probable jettisoning from the ship of a harmful substance carried as cargo in packaged form contrary to section 25C(1);

(g) the disposal of garbage from the ship contrary to section 25F(1);

(h) an incident involving the probable disposal of garbage from the ship contrary to section 25F(1).