AustLII Tasmanian Consolidated Acts

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POLLUTION OF WATERS BY OIL AND NOXIOUS SUBSTANCES ACT 1987 - SECT 52

52. Requirement for chemical tanker construction certificates

      (1) Where a trading vessel proceeding on an intra-State voyage is constructed or adapted so that it can carry as cargo, or part cargo, in bulk any substance, that, for the purposes of Division 2 of Part II is a substance in Category A, B, C, or D, the master of that ship shall not begin a voyage, and the owner of that ship shall not permit that ship to begin a voyage, unless there is in force in respect of that ship a chemical tanker construction certificate.

      (2) A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction –

(a) if the offender is a natural person– to a fine not exceeding 1 000 penalty units, or imprisonment for a term not exceeding 4 years; or

(b) if the offender is a body corporate– to a fine not exceeding 4 000 penalty units.

      (3) In this section, "chemical tanker construction certificate" means –

(a) a chemical tanker construction certificate issued under section 49;

(b) a chemical tanker construction certificate issued under section 267Q of the Navigation Act;

(c) a chemical tanker construction certificate issued under a law of another State or the Northern Territory and being a certificate of a kind prescribed as acceptable for the purposes of this Division; or

(d) an International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk issued to a foreign ship under section 267R of the Navigation Act.

      (4) The owner of a ship of the kind referred to in subsection (1) in respect of which a chemical tanker construction certificate is in force shall cause the certificate to be carried on board the ship.

      (5) A person who fails to comply with subsection (4) is guilty of an offence and is liable on summary conviction to a fine not exceeding 20 penalty units.



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