Western Australian Consolidated Acts

POLLUTION OF WATERS BY OIL AND NOXIOUS SUBSTANCES ACT 1987 - SECT 9

9 .         Prohibition of discharge of oil or oily mixtures during transfer operations

        (1)         In this section, transfer operation means any operation that is involved in the preparation for, or in the commencement, carrying on or termination of, a transfer of oil or of an oily mixture to or from a ship or a place on land.

        (2)         Where a discharge of oil or of an oily mixture into any State waters occurs by reason of a wrongful or negligent act or omission in a transfer operation, if that act or omission — 

            (a)         occurred in a ship, the owner and the master of the ship each commits an offence;

            (b)         occurred in a place on land, the occupier of that place commits an offence; or

            (c)         related to any apparatus used for transferring oil or an oily mixture to or from a ship, the person in charge of the apparatus commits an offence.

        Penalty: If the offender is a natural person, $50 000 and if the offender is a body corporate, $250 000.

        (3)         Nothing in this section affects the operation of section 8.