Division 3Division 3 Prevention of pollution from ships carrying noxious substances in bulk
40 Regulations to give effect to Regulation 13 of Annex II
(1) The regulations may make provision for and in relation to giving effect to Regulation 13 of Annex II.(2) Without limiting the generality of subsection (1), regulations made for the purposes of that subsection may empower the Minister to make orders with respect to any matter for or in relation to which provision may be made by the regulations by virtue of this section.
41 Chemical tanker construction certificates
Where, on receipt of declarations of survey in respect of a ship, the Minister is satisfied that the ship is constructed in accordance with the provisions of Annex II, the Minister may, whether or not the ship is required by Annex II to be constructed in accordance with those provisions, issue in respect of the ship a chemical tanker construction certificate in the prescribed form attesting such compliance.
42 Alteration etc of construction of ships and cancellation of certificates
(1) Where the construction of a ship in respect of which a chemical tanker construction certificate issued under section 41 is in force is altered, or such a ship is damaged, in a manner which affects its compliance with the provisions of Annex II, the master or owner of the ship shall, within 7 days after the construction of the ship is altered or the ship is damaged, as the case may be, give a notice in writing of the alteration or damage to such person, and in such form, as are prescribed and, if the notice is not so given, the master and the owner of the ship are each guilty of an offence punishable, upon conviction, by a fine not exceeding:(a) if the offender is a natural person—10 penalty units, or(b) if the offender is a body corporate—50 penalty units.(2) Without limiting the generality of subsection (1), a ship in respect of which a chemical tanker construction certificate is in force shall, for the purposes of that subsection, be taken to be damaged if the ship becomes unfit to proceed to sea without presenting an unreasonable threat of harm to the marine environment.(3) Where a notice required to be given under subsection (1) is not given within the period referred to in that subsection, the following provisions of this subsection have effect:(a) the obligation to give the notice continues, notwithstanding that that period has expired, until the notice is given,(b) the master and the owner of the ship are each guilty of a separate and further offence in respect of each day during which the notice is not given, being a day after the expiration of that period,(c) the penalty applicable to each such separate and further offence is a fine not exceeding:(i) if the offender is a natural person—10 penalty units, or(ii) if the offender is a body corporate—50 penalty units.(4) Where the Minister has reason to believe that:(a) the report of a surveyor concerning a ship in respect of which a chemical tanker construction certificate issued under section 41 is in force was fraudulently or erroneously made or obtained,(b) a chemical tanker construction certificate has been issued under section 41 in respect of a ship upon false or erroneous information,(c) the construction of a ship in respect of which a chemical tanker construction certificate issued under section 41 is in force has been altered, or such a ship has been damaged, in a manner which affects its compliance with the provisions of Annex II, or(d) the owner of a ship in respect of which a chemical tanker construction certificate issued under section 41 is in force has failed to comply with section 43 in respect of the ship,the Minister may, by instrument in writing, cancel the certificate.(5) Where the Minister cancels a chemical tanker construction certificate issued by it in respect of a ship, the certificate is of no force or effect after the Minister has given notice in writing of the cancellation addressed to the owner, agent or master of the ship and served in accordance with the regulations.(6) Where a chemical tanker construction certificate issued in respect of a ship is cancelled under this section, the Minister may, by notice in writing addressed to the owner, agent or master of the ship and served in accordance with the regulations, require the certificate to be delivered up to the Minister or to such other person as the Minister specifies, and the Minister may detain the ship until the requirement is complied with.
43 Ships to be surveyed periodically
(1) The owner of a ship in respect of which a chemical tanker construction certificate issued under section 41 is in force shall, at least once during each period that is a prescribed period in relation to the ship for the purposes of this section, cause the ship to be surveyed for the purpose of ensuring its compliance with the provisions of Annex II.(2) Where the owner of a ship in respect of which a chemical tanker construction certificate issued under section 41 is in force fails to comply with subsection (1) in relation to the ship and to a period that is a prescribed period in relation to the ship, the owner is guilty of an offence punishable, upon conviction, by a fine not exceeding:(a) if the owner is a natural person—20 penalty units, or(b) if the owner is a body corporate—100 penalty units.
44 Requirement for chemical tanker construction certificates
(1) Where a trading ship 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 Part 3, 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.Penalty:
(a) if the offender is a natural person—100 penalty units or imprisonment for 4 years, or both, or(b) if the offender is a body corporate—500 penalty units.(2) In this section chemical tanker construction certificate means:(a) a chemical tanker construction certificate issued under section 41,(b) a chemical tanker construction certificate issued under section 267Q of the Navigation Act 1912 of the Commonwealth,(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 1912 of the Commonwealth.(3) 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.Penalty: 10 penalty units.