Part 3 Prevention of pollution by oil

Division 1 Offences relating to discharge of oil

15   Discharging oil into State waters from a ship prohibited

(Reg 15.1 of Annex I of MARPOL) (cf former Act s 8 (1))

(1)  The master and the owner of a ship are each guilty of an offence if any oil is discharged from the ship into State waters.

Maximum penalty:

(a)  in the case of an individual—$500,000, or

(b)  in the case of a corporation—$10,000,000.

(2)  In proceedings for an offence against this section in relation to a ship:

(a)  it is sufficient for the prosecution to allege and prove that oil was discharged from the ship into State waters, but

(b)  it is a defence if it is proved that, by virtue of Division 2, this section does not apply in relation to the discharge.

16   Causing discharge of oil into State waters from a ship prohibited

(Reg 15.1 of Annex I of MARPOL) (cf former Act s 8A (1))

(1)  A crew member of a ship is guilty of an offence if the crew member’s act causes any oil to be discharged from the ship into State waters.

Maximum penalty: $500,000.

(2)  A person involved in the operation or maintenance of a ship is guilty of an offence if the person’s act causes any oil to be discharged from the ship into State waters.

Maximum penalty:

(a)  in the case of an individual—$500,000, or

(b)  in the case of a corporation—$10,000,000.

(3)  In proceedings for an offence against this section in relation to a ship:

(a)  it is sufficient for the prosecution to allege and prove that:

(i)  oil was discharged from the ship into State waters, and

(ii)  the crew member or person involved in the operation or maintenance of the ship committed an act that caused the discharge, but

(b)  it is a defence if it is proved that, by virtue of Division 2, this section does not apply in relation to the discharge.

17   Offence of being responsible for discharge of oil into State waters from a ship

(Reg 15.1 of Annex I of MARPOL) (cf former Act s 8A (3))

A person responsible for the discharge of any oil from a ship into State waters is guilty of an offence.

Maximum penalty:

(a)  in the case of an individual—$500,000, or

(b)  in the case of a corporation—$10,000,000.

Division 2 Defences

18   Defence if discharge was caused by damage to ship or equipment

(Reg 4.2 of Annex I of MARPOL) (cf former Act s 8 (2) (b) and (3))

Division 1 does not apply to the discharge of oil from a ship if:

(a)  the oil escaped from the ship in consequence of unavoidable damage to the ship or its equipment, and

(b)  all reasonable precautions were taken after the occurrence of the damage or the discovery of the discharge for the purpose of preventing or minimising the escape of the oil.

19   Defence if discharge was to secure safety or save life

(Reg 4.1 of Annex I of MARPOL) (cf former Act s 8 (2) (a))

Division 1 does not apply to the discharge of oil from a ship for the purpose of securing the safety of a ship or saving life at sea.

20   Defence if discharge was for purpose of combating pollution

(Reg 4.3 of Annex I of MARPOL) (cf former Act s 8 (2) (c))

Division 1 does not apply to the discharge of a mixture containing oil from a ship if the discharge was for the purpose of combating specific pollution incidents in order to minimise the damage from pollution and was approved by an officer prescribed by the regulations for the purposes of this section.

21   Defence if discharge was authorised for training

(cf former Act s 8 (2) (d))

Division 1 does not apply to the discharge of oil from a ship if the discharge was authorised by the Minister for training purposes.

22   Defence for certain ships 400 tonnes or more and oil tankers not within special areas

(Regs 15.2 and 15.8 of Annex I of MARPOL)

Division 1 does not apply to the discharge of oil from a ship if:

(a)  the ship is not within a special area, and

(b)  the ship has a gross tonnage of equal to or greater than 400, and

(c)  the ship is proceeding en route, and

(d)  in the case of a mixture containing oil, the mixture is processed using oil filtering equipment meeting the requirements set out by the regulations referred to in section 9 (4) (a) (iii) of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 of the Commonwealth, and

(e)  the oil content of the effluent without dilution does not exceed 15 parts in 1,000,000 parts, and

(f)  the mixture is not a strictly prohibited oily mixture, and

(g)  in the case of a mixture containing oil that is discharged from an oil tanker:

(i)  the mixture does not originate from the cargo pump room bilges of the ship, and

(ii)  the mixture is not mixed with oil cargo residue.

23   Defence for certain ships 400 tonnes or more and oil tankers within special areas

(Regs 15.3 and 15.8 of Annex I of MARPOL)

Division 1 does not apply to the discharge of oil from a ship if:

(a)  the ship has a gross tonnage of equal to or greater than 400, and

(b)  the ship is within a special area, and

(c)  the ship is proceeding en route, and

(d)  in the case of a mixture containing oil, the mixture is processed using oil filtering equipment meeting the requirements set out by the regulations referred to in section 9 (4) (b) (iii) of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 of the Commonwealth, and

(e)  the oil content of the effluent without dilution does not exceed 15 parts in 1,000,000 parts, and

(f)  the mixture is not a strictly prohibited oily mixture, and

(g)  in the case of a mixture containing oil discharged from an oil tanker:

(i)  the mixture does not originate from the cargo pump room bilges of the ship, and

(ii)  the mixture is not mixed with oil cargo residue.

24   Defence for smaller ships and oil tankers

(Regs 15.6 and 15.8 of Annex I of MARPOL)

Division 1 does not apply to the discharge of oil from a ship if:

(a)  the ship has a gross tonnage of less than 400, and

(b)  the ship is proceeding en route, and

(c)  the ship has in operation equipment, of a kind that meets the requirements set out by the regulations referred to in section 9 (4) (c) (iii) of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 of the Commonwealth, that ensures that the oil content of the effluent without dilution does not exceed 15 parts in 1,000,000 parts, and

(d)  the mixture is not a strictly prohibited oily mixture, and

(e)  in the case of a mixture containing oil discharged from an oil tanker:

(i)  the mixture does not originate from the cargo pump room bilges of the ship, and

(ii)  the mixture is not mixed with oil cargo residue.

25   Defence for discharge of clean or segregated ballast from oil tankers

(Regs 34.2 and 34.4 of Annex I of MARPOL) (cf former Act s 8 (4) (j))

Division 1 does not apply to the discharge from the cargo area of an oil tanker of clean or segregated ballast.

Division 3 Offence relating to oil residues

26   Failing to retain oil residues

(cf former Act s 9)

(1)  The master and the owner of a ship are each guilty of an offence if any oil residues that cannot be discharged from the ship into State waters without the commission of an offence against section 15 are not retained on board the ship while the ship is in State waters.

Maximum penalty:

(a)  in the case of an individual—$500,000, or

(b)  in the case of a corporation—$10,000,000.

Example. A ship leaves Port A with a quantity of oil residue held in a tank or space and, without leaving State waters, arrives at Port B with a lesser quantity in the tank or space. This subsection places an onus on the ship’s master to explain why there is a discrepancy in the quantity.

(2)  Despite subsection (1), oil residues may be discharged from a ship to a reception facility provided in accordance with Regulation 38 of Annex I of MARPOL.