Marine Pollution Act 2012 No 5
Current version for 2 September 2014 to date (accessed 23 December 2014 at 10:29)
Part 5

Part 5 Prevention of pollution by harmful substances in packaged form

Division 1 Offences relating to carriage

43   Certain carriage of harmful substances in packaged form prohibited

(Reg 1.2 of Annex III of MARPOL)

(1)  The master and the owner of a ship are each guilty of an offence if a harmful substance in packaged form is carried on the ship in State waters otherwise than in accordance with the regulations.

Maximum penalty:

(a)  in the case of an individual—$2,200, or
(b)  in the case of a corporation—$5,500.

(2)  In proceedings for an offence against this section in relation to a ship, it is sufficient for the prosecution to allege and prove that a harmful substance in packaged form was carried on the ship in State waters otherwise than in accordance with the regulations.

44   Causing certain carriage of harmful substances in packaged form prohibited

(Reg 1.2 of Annex III of MARPOL)

A person is guilty of an offence if the person causes a harmful substance in packaged form to be carried on a ship in State waters otherwise than in accordance with the regulations.

Maximum penalty:

(a)  in the case of an individual—$2,200, or
(b)  in the case of a corporation—$5,500.

Division 2 Offences relating to jettisoning

45   Jettisoning of harmful substances in packaged form into State waters from ship prohibited

(Reg 7.1 of Annex III of MARPOL)

(1)  The master and the owner of a ship are each guilty of an offence if a harmful substance in packaged form carried on the ship is jettisoned from the ship into State waters.

Maximum penalty:

(a)  in the case of an individual—$55,000, or
(b)  in the case of a corporation—$275,000.

(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 a harmful substance in packaged form was jettisoned from the ship into State waters, but
(b)  it is a defence if it is proved that, by virtue of Division 3, this section does not apply in relation to the jettisoning.

46   Causing jettisoning of harmful substances in packaged form into State waters from ship prohibited

(Reg 7.1 of Annex III of MARPOL)

(1)  A crew member of a ship is guilty of an offence if the crew member’s act causes any harmful substance in packaged form to be jettisoned from the ship into State waters.

Maximum penalty: $55,000.

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

Maximum penalty:

(a)  in the case of an individual—$55,000, or
(b)  in the case of a corporation—$275,000.

(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)  a jettisoning of a harmful substance in packaged form occurred from a 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 jettisoning, but
(b)  it is a defence if it is proved that, by virtue of Division 3, this section does not apply in relation to the jettisoning.

47   Offence of being responsible for jettisoning of harmful substances in packaged form into State waters from a ship

(Reg 7.1 of Annex III of MARPOL)

A person responsible for any harmful substance in packaged form being jettisoned from a ship into State waters is guilty of an offence.

Maximum penalty:

(a)  in the case of an individual—$220,000, or
(b)  in the case of a corporation—$1,100,000.

Division 3 Defences

48   Defence for jettisoning to secure safety or save life

(Reg 7.1 of Annex III of MARPOL)

Division 2 does not apply to the jettisoning of a harmful substance in packaged form from a ship for the purpose of securing the safety of a ship or saving life at sea.

49   Defence for certain leakages causing substances to be washed overboard

(Reg 7.2 of Annex III of MARPOL)

Division 2 does not apply to the jettisoning of a harmful substance in packaged form from a ship because of a leakage of the substance if:
(a)  the substance was washed overboard from the ship in accordance with the regulations or any orders made pursuant to the regulations, or
(b)  the substance was washed overboard from the ship otherwise than in accordance with such regulations or orders in circumstances where compliance with such regulations or orders would have impaired the safety of the ship or of persons on board the ship.

Division 4 Miscellaneous

50   Part does not apply to stores or equipment

(Reg 1.5 of Annex III of MARPOL)

This Part does not apply to a ship’s stores or equipment.

51   Leakages taken to be jettisoned

(Reg 1 of Annex III of MARPOL)

A harmful substance in packaged form is, for the purposes of this Act, taken to have been jettisoned from a ship into State waters if there was a leakage of the substance.

52   Empty packaging

(Reg 1.4 of Annex III of MARPOL)

For the purposes of this Part, empty packaging that has been used previously for the carriage of harmful substances is itself taken to be a harmful substance unless the precautions required by the regulations have been taken to ensure that the packaging contains no residue that is harmful to the marine environment.
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