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Contents (2012 - 5)
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Marine Pollution Act 2012 No 5
Current version for 6 January 2017 to date (accessed 20 February 2020 at 09:55)
Part 12 Division 2
Division 2 Requirement for certification of certain ships
150   Requirement for ship construction certificate
(Chapter 2 of Annex I of MARPOL) (cf former Act s 39)
(1)  The master of a prescribed ship must not begin a voyage unless there is a ship construction certificate in force in respect of the ship.
Maximum penalty: $11,000 or imprisonment for 4 years, or both.
(2)  The owner of a prescribed ship must not permit the ship to begin a voyage unless a ship construction certificate is in force in respect of the ship.
Maximum penalty:
(a)  in the case of an individual—$11,000 or imprisonment for 4 years, or both, or
(b)  in the case of a corporation—$55,000.
(3)  The owner of a prescribed ship in respect of which a ship construction certificate is in force must ensure that the certificate is carried on board the ship.
Maximum penalty: $1,100.
(4)  In this section:
prescribed ship means an oil tanker that has a gross tonnage of 150 or more, or that is a ship, other than an oil tanker, that has a gross tonnage of 400 or more, that is:
(a)  a trading ship proceeding on an intra-state voyage, or
(b)  an Australian fishing vessel proceeding on a voyage other than an overseas voyage, or
(c)  a pleasure vessel.
ship construction certificate means:
(a)  a NSW ship construction certificate, or
(b)  a ship construction certificate issued under section 267B of the Navigation Act 1912 of the Commonwealth, or
(c)  a ship construction certificate issued under a law of another State or the Northern Territory and being a certificate of a kind prescribed by the regulations as acceptable for the purposes of this Part, or
(d)  an International Oil Pollution Prevention Certificate issued to a foreign ship under section 267C of the Navigation Act 1912 of the Commonwealth, or
(e)  an International Oil Pollution Prevention Certificate issued to an Australian ship under the law of a country other than Australia giving effect to Regulation 8 of Annex I of MARPOL.
151   Requirement for chemical tanker construction certificate
(Reg 9.1 of Annex II of MARPOL) (cf former Act s 44)
(1)  The master of a prescribed ship must not begin a voyage unless there is a chemical tanker construction certificate in force in respect of the ship.
Maximum penalty: $11,000 or imprisonment for 4 years, or both.
(2)  The owner of a prescribed ship must not permit the ship to begin a voyage unless a chemical tanker construction certificate is in force in respect of the ship.
Maximum penalty:
(a)  in the case of an individual—$11,000 or imprisonment for 4 years, or both, or
(b)  in the case of a corporation—$55,000.
(3)  The owner of a prescribed ship in respect of which a chemical tanker construction certificate is in force must ensure that the certificate is carried on board the ship.
Maximum penalty: $1,100.
(4)  In this section:
chemical tanker construction certificate means:
(a)  a NSW chemical tanker construction certificate, or
(b)  a chemical tanker construction certificate issued under section 267Q of the Navigation Act 1912 of the Commonwealth, or
(c)  a chemical tanker construction certificate issued under a law of another State or the Northern Territory and being a certificate of a kind prescribed by the regulations as acceptable for the purposes of this Part, or
(d)  an International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk issued to a foreign ship under section 267R of the Navigation Act 1912 of the Commonwealth.
prescribed ship means:
(a)  a trading ship proceeding on an intra-state voyage, or
(b)  an Australian fishing vessel proceeding on a voyage other than an overseas voyage, or
(c)  a pleasure vessel,
that is:
(d)  carrying noxious liquid substances in bulk, and
(e)  engaged in a voyage to a port or terminal in the State.
152   Requirement for sewage pollution prevention certificate
(Reg 5 of Annex IV of MARPOL)
(1)  The master of a large ship must not begin a voyage unless there is a sewage pollution prevention certificate in force in respect of the ship.
Maximum penalty: $11,000 or imprisonment for 4 years, or both.
(2)  The owner of a large ship must not permit the ship to begin a voyage unless a sewage pollution prevention certificate is in force in respect of the ship.
Maximum penalty:
(a)  in the case of an individual—$11,000 or imprisonment for 4 years, or both, or
(b)  in the case of a corporation—$55,000.
(3)  The owner of a large ship in respect of which a sewage pollution prevention certificate is in force must ensure that the certificate is carried on board the ship.
Maximum penalty: $1,100.
(4)  In this section:
sewage pollution prevention certificate means:
(a)  a NSW sewage pollution prevention certificate, or
(b)  an International Sewage Pollution Prevention Certificate for Australian ships issued under section 267ZG of the Navigation Act 1912 of the Commonwealth, or
(c)  a sewage pollution prevention certificate issued under a law of another State or the Northern Territory and being a certificate of a kind prescribed by the regulations as acceptable for the purposes of this Part, or
(d)  an International Sewage Pollution Prevention Certificate issued to a foreign ship under section 267ZH of the Navigation Act 1912 of the Commonwealth, or
(e)  an International Sewage Pollution Prevention Certificate issued to an Australian ship under the law of a country other than Australia giving effect to Regulation 5 of Annex IV of MARPOL.