Part 8 Prevention of pollution from transfer operations
Division 1 Application of Part
67 Meaning of “prescribed marine pollutant”
In this Part:prescribed marine pollutant means any one, or any combination, of the following substances (whether in bulk, packaged or another form):
(a) oil,(b) a noxious liquid substance.
Division 2 Offences relating to transfer operations
68 Discharge of prescribed marine pollutant from ship in transfer operation prohibited
(cf former Act s 27)
(1) A person must not deliberately, recklessly or negligently cause a prescribed marine pollutant to be discharged from a ship in, or in connection with, a transfer operation.Maximum penalty:
(a) in the case of an individual—$500,000, or(b) in the case of a corporation—$10,000,000.(2) Each prescribed person in relation to a ship is guilty of an offence if a prescribed marine pollutant is discharged from a ship in, or in connection with, a transfer operation.Maximum penalty:
(a) in the case of an individual—$500,000, or(b) in the case of a corporation—$10,000,000.(3) In this section:prescribed person means any of the following:
(a) the owner of the ship,(b) the master of the ship,(c) the person in charge of the transfer operation of the ship.
69 Discharge of prescribed marine pollutant from place on land in transfer operation prohibited
(cf former Act s 27)
(1) A person must not deliberately, recklessly or negligently cause a prescribed marine pollutant to be discharged from a place on land in, or in connection with, a transfer operation.Maximum penalty:
(a) in the case of an individual—$500,000, or(b) in the case of a corporation—$10,000,000.(2) The occupier of land is guilty of an offence if a prescribed marine pollutant is discharged from a place on the land in, or in connection with, a transfer operation.Maximum penalty:
(a) in the case of an individual—$500,000, or(b) in the case of a corporation—$10,000,000.
70 Discharge of prescribed marine pollutant from apparatus on a ship used in transfer operation prohibited
(cf former Act s 27)
(1) A person must not deliberately, recklessly or negligently cause a prescribed marine pollutant to be discharged from an apparatus on a ship in, or in connection with, a transfer operation.Maximum penalty:
(a) in the case of an individual—$500,000, or(b) in the case of a corporation—$10,000,000.(2) Each of the prescribed persons in relation to a ship is guilty of an offence if any prescribed marine pollutant is discharged from any apparatus on the ship used in, or in connection with, a transfer operation, whether or not it is being so used.Maximum penalty:
(a) in the case of an individual—$500,000, or(b) in the case of a corporation—$10,000,000.(3) In this section:prescribed person means any of the following:
(a) the owner of the ship,(b) the master of the ship,(c) the owner of the apparatus,(d) the person in charge of the apparatus.
71 Discharge of prescribed marine pollutant from apparatus on a place on land used in transfer operation prohibited
(cf former Act s 27)
(1) A person must not deliberately, recklessly or negligently cause a prescribed marine pollutant to be discharged from an apparatus on a place on land in, or in connection with, a transfer operation.Maximum penalty:
(a) in the case of an individual—$500,000, or(b) in the case of a corporation—$10,000,000.(2) Each of the prescribed persons in relation to a transfer operation is guilty of an offence if any prescribed marine pollutant is discharged from any apparatus on a place on land used in, or in connection with, a transfer operation, whether or not it is being so used.Maximum penalty:
(a) in the case of an individual—$500,000, or(b) in the case of a corporation—$10,000,000.(3) In this section:prescribed person means any of the following:
(a) the occupier of the land,(b) the owner of the apparatus,(c) the person in charge of the apparatus.
72 Offence of causing discharge of prescribed marine pollutant from pipeline in connection with transfer operation
(cf former Act s 27)
(1) A person must not deliberately, recklessly or negligently cause a prescribed marine pollutant to be discharged from a purpose-built pipeline in, or in connection with, a transfer operation.Maximum penalty:
(a) in the case of an individual—$500,000, or(b) in the case of a corporation—$10,000,000.(2) Each of the prescribed persons in relation to a purpose-built pipeline is guilty of an offence if any prescribed marine pollutant is discharged from the pipeline in, or in connection with, a transfer operation, whether or not it is being so used.Maximum penalty:
(a) in the case of an individual—$500,000, or(b) in the case of a corporation—$10,000,000.(3) In this section:prescribed person means any of the following:
(a) the occupier of the land,(b) the owner of the pipeline,(c) the person in charge of the pipeline.
73 Discharge of prescribed marine pollutant from pipeline in connection with transfer operation prohibited
(cf former Act s 27)
Each of the following persons is guilty of an offence if any prescribed marine pollutant is discharged from a purpose-built pipeline used in, or in connection with, a transfer operation, whether or not it is being so used:(a) the occupier of the land on which the pipeline is situated,(b) any lessee, licensee or user of any lease, licence or right of user for the use of the pipeline for the carriage of oil,(c) the person in charge of the pipeline,(d) each other person responsible for the discharge.Maximum penalty:
(a) in the case of an individual—$500,000, or(b) in the case of a corporation—$10,000,000.
74 Transfer of prescribed marine pollutant at night
(cf former Act s 32)
(1) The master and the owner of a ship in State waters are each guilty of an offence if a prescribed marine pollutant is transferred from the ship between sunset and sunrise and:(a) prior written notice of the transfer has not been given to the harbour master or other person in charge of the waters or the Minister, or(b) permission in writing has not been obtained from the harbour master or other person, or(c) the pollutant is transferred in contravention of a condition attached to a permission.Maximum penalty: $55,000.
(2) The occupier of land from which a prescribed marine pollutant is transferred to a ship in State waters, or to which a prescribed marine pollutant is transferred from a ship in State waters, is guilty of an offence if a prescribed marine pollutant is transferred to or from the ship between sunset and sunrise and:(a) prior written notice of the transfer has not been given to the harbour master or other person in charge of the waters or the Minister, or(b) permission in writing has not been obtained from the harbour master or other person, or(c) the pollutant is transferred in contravention of a condition attached to a permission.Maximum penalty: $55,000.
(3) In the case of a transfer to be carried out at a place where transfers are frequently and regularly carried out:(a) the notice may be a general notice that transfers will be carried out within a period specified in the notice, and(b) the permission may be general and subject to such conditions as the harbour master, other person in charge of the State waters or Minister thinks fit.(4) In this section:harbour master has the same meaning it has in the Marine Safety Act 1998.
Division 3 Discharges to which Division 2 does not apply
75 Division 2 does not apply to certain discharges
(cf former Act s 26 (c))
Division 2 does not apply to a discharge that occurs on the landward side of the first isolating valve on land of any apparatus or purpose-built pipeline used in, or in connection with, a transfer operation, whether or not it is being so used, or at any other place prescribed by the regulations for the purposes of this section.
76 Division 2 does not apply to discharge for purposes of combating pollution incidents
(cf former Act s 27 (2) (a))
Division 2 does not apply to a discharge 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.
77 Division 2 does not apply to certain licensed discharges
(cf former Act s 27 (2) (b))
Division 2 does not apply to a discharge if the discharge was carried out by the holder of a licence under the Protection of the Environment Operations Act 1997 in accordance with that licence.
Division 4 Record keeping relating to transfer operations
78 Keeping of records relating to transfer
(cf former Act s 29 (2))
(1) The responsible person in relation to a transfer operation must keep the records that the person is required to keep by the regulations, in the form in which the records are required to be kept.Maximum penalty: $22,000.
(2) In this section:responsible person, in relation to a transfer operation, means:
(a) the owner or the master of a ship or the occupier of a place on land to or from which a prescribed marine pollutant is transferred, and(b) the person in charge of an apparatus or a purpose-built pipeline used in, or in connection with, a transfer operation, and(c) the occupier of a purpose-built pipeline used in, or in connection with, a transfer operation.
79 Entries required to be made
(cf former Act s 29 (4))
A person must, without delay, make the appropriate entry in the record prescribed by the regulations if the regulations require a specified occurrence relating to a transfer operation to be recorded by the person.Maximum penalty: $22,000.
80 Transmission of records relating to transfer operation
(cf former Act s 29 (5))
A person must not fail to transmit the records relating to a transfer operation that are required to be kept by this Division to the place or person, or in the manner, prescribed by the regulations.Maximum penalty:
(a) in the case of an individual—$22,000, or(b) in the case of a corporation—$110,000.
81 Disposal of records relating to transfer operation
(cf former Act s 29 (3) (d))
A person must not dispose of records relating to a transfer operation that are required to be kept by this Division except in the manner and after the period required by the regulations.Maximum penalty:
(a) in the case of an individual—$22,000, or(b) in the case of a corporation—$110,000.
82 False or misleading entries prohibited
(cf former Act s 29 (6))
A person must not make an entry that is false or misleading in a material particular in a record required to be kept by this Division.Maximum penalty: $22,000.
(cf former Act s 31)
If a prescribed marine pollutant is discharged into State waters from 2 or more ships in, or in connection with, a transfer operation, and it is not reasonably practicable to identify the pollutant that has discharged from a particular ship, all of the pollutant discharged is taken, for the purposes of this Part, to have been discharged from each of those ships.
(cf former Act s 25 (3))
For the avoidance of doubt, more than one person may be found guilty of an offence under this Part in relation to a single discharge.
85 Prohibitions on discharges from ships still apply
(1) To avoid doubt, this Part applies to a discharge whether or not it is a discharge prohibited by Part 3 or 4 (and whether or not a defence is available under those Parts for a discharge of the substance in those circumstances).(2) However, a person is not liable to be convicted in respect of the same discharge of both an offence under Part 3 or 4 and this Part.