AustLII Tasmanian Consolidated Acts

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POLLUTION OF WATERS BY OIL AND NOXIOUS SUBSTANCES ACT 1987 - SECT 27A

27A. Liability for simultaneous discharges may be joint and several if unidentifiable

      (1) Where there is a simultaneous discharge of a marine pollutant into State waters from 2 or more ships and it is not possible or reasonably practicable to identify the discharge from a particular ship, all of the marine pollutant may, for the purposes of this Act, be taken to have been discharged from each of the ships.

      (2) If subsection (1) is applied, a person may be charged with and convicted of an offence in respect of the discharge from one ship whether or not any person is charged with or convicted of an offence in respect of the discharge from another ship.

      (3) For the purposes of this section, events are taken to be simultaneous if they happen within 24 hours of each other.


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