Part 18 Detention of ships and taking of securities

221   Ships that are believed to have discharged marine pollutants may be detained

(cf former Act s 52A)

(1)  This section applies to any of the following discharges, whether or not there would be a lawful defence or excuse to a charge for an offence relating to the discharge:

(a)  a discharge of oil into State waters,

(b)  a discharge of a noxious liquid substance into State waters (but only where it occurs from a ship that is subject to a chemical tanker construction certificate certifying the ship to carry noxious liquid substances in bulk),

(c)  the jettisoning of a harmful substance in packaged form from a ship into State waters,

(d)  a discharge of sewage from a large ship into State waters,

(e)  a discharge of garbage from a ship into State waters.

(2)  A ship in State waters may be detained by a person authorised by the Minister for the purposes of this section if the Minister has reasonable cause to believe:

(a)  that a discharge to which this section applies has occurred from the ship, and

(b)  that, if the Minister were to establish that the discharge had occurred from the ship, the Minister could take proceedings to recover the costs and expenses incurred by the Minister in taking action in relation to that discharge under this Act, and

(c)  that the ship will depart from State waters before the completion of the Minister’s investigation into the source of the discharge.

222   Detained ships must not depart

(cf former Act s 52C)

(1)  The master and the owner of a ship detained under this Part that departs State waters before it is released from detention are each guilty of an offence against this section.

Maximum penalty:

(a)  in the case of an individual—$22,000, or

(b)  in the case of a corporation—$110,000.

(2)  A person is not guilty of an offence under this section if the person can establish that he or she was not aware that the ship had been detained.

223   Security may be required to be provided

(cf former Act s 52A (3))

Security may be required to be provided for the payment of:

(a)  any amount that might, in the opinion of the Minister, be recoverable by the Minister under this Act from the owner or master of a ship in relation to a discharge, and

(b)  the maximum amount of penalties that can be imposed under this Act against the owner or master of the ship in relation to the discharge.

224   Detained ships must be released if security provided or no liability

(cf former Act s 52A (2))

A ship that has been detained must be immediately released:

(a)  if security is provided in accordance with section 223, or

(b)  if proceedings are instituted in relation to the discharge and are discontinued, or

(c)  if proceedings are instituted in relation to the discharge and are concluded, whether or not an appeal is pending, without any person being convicted or costs or expenses being awarded against any person, or

(d)  if proceedings in relation to the discharge are concluded and all costs and expenses ordered to be paid and all penalties imposed have been paid, or

(e)  if the Minister has sought to recover costs and expenses incurred by the Minister as a debt due and the amount has been paid, or

(f)  if the Minister forms the belief that the discharge did not occur from the ship, or

(g)  if the Minister determines for any other reason that the ship should be released.

225   Security taken by Minister

(cf former Act s 52B)

(1)  Any security taken by the Minister under this Act must be in a form acceptable to the Minister.

(2)  The amount available under any security taken by the Minister under this Act is to be applied only as follows:

(a)  in payment of any costs or expenses that have been ordered to be paid by the master or owner of a ship in the course of proceedings for an offence in respect of the discharge or that are recoverable under this Act against the master or owner of the ship as a debt due,

(b)  in payment of any penalty imposed by a court in the course of proceedings for an offence in respect of the discharge.