Division 3 Other discharge from vessels

31   Vessels to which Division applies

This Division applies to the following vessels:

(a)  a commercial vessel used on the Murray River, the hull construction of which commenced, or in which a greywater tank was installed, on or after 1 January 2005,

(b)  a commercial vessel used in the Sydney Harbour locality, the hull construction of which commenced, or in which a holding tank or a greywater tank was installed, on or after 1 January 2005,

(c)  a Class 1 commercial vessel or Class 4 commercial vessel not referred to in paragraph (a) or (b), the hull construction of which commenced on or after 1 January 2005.

32   Requirements for greywater tanks

(1)  The owner of a vessel to which this Division applies must ensure that:

(a)  any sink, basin, washbowl or similar permanent container into which greywater is discharged on a vessel is connected to a greywater tank on the vessel, and

(b)  the greywater tank, the fittings leading from the galley to the tank and the fittings used for the discharge of the contents of the tank are:

(i)  fabricated from stainless steel, polyester fibreglass, polyvinyl chloride or some other corrosion-resistant material, or

(ii)  protected internally by polyester fibreglass, rubber or some other continuous liner and protected externally by a coating.

Maximum penalty: 100 penalty units.

(2)  As an alternative to complying with subclause (1), the owner of any of the following may instead ensure that an on-board greywater treatment system that complies with Australian Standard AS 4995—2009, Greywater treatment systems for vessels operated on inland waters is operated on the vessel:

(a)  a vessel referred to in clause 31 (a) or (c),

(b)  a vessel referred to in clause 31 (b) that is not a Class 1 commercial vessel.

33   Maintenance of greywater tanks

The owner of a vessel must ensure that the greywater tank on the vessel is maintained in a good and serviceable condition.

Maximum penalty: 100 penalty units.

34   Requirement for the proper discharge and flushing of galley waste

(1)  A person must not discharge or deposit the contents of a greywater tank on a vessel, or flush a greywater treatment system on a vessel, into or onto any navigable waters or the bank or bed of any navigable waters unless the contents are discharged, deposited or flushed:

(a)  into a waste collection facility, or

(b)  in accordance with an environment protection licence issued under the Protection of the Environment Operations Act 1997.

Maximum penalty: 100 penalty units.

(2)  The owner and master of a vessel are each guilty of an offence if the contents of a greywater tank on the vessel are discharged or deposited from the vessel, or the contents of a greywater treatment system are flushed from the vessel, by any person in contravention of subclause (1).

Maximum penalty: 100 penalty units.

(3)  It is a defence to a prosecution under subclause (2) if the defendant shows that all reasonable measures were taken to prevent the discharge, deposit or flushing from the vessel.

(4)  The owner of a vessel with a greywater treatment system must ensure that the system is flushed with fresh water as often as is reasonably necessary to ensure the efficient operation of the system, having regard to the type of treatment system, the size of the tank, the number of berths on the vessel and the manufacturer’s instructions.

Maximum penalty: 100 penalty units.