Commonwealth Consolidated Acts

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NAVIGATION ACT 2012 - SECT 141

Failure to ensure vessel is operated so as not to cause pollution or damage to the Australian marine environment

  (1)   The master of a ves s e l must ensure that the vessel is operated in a manner that does not cause:

  (a)   pollution to the marine environment in the coastal sea of Australia or the exclusive economic zone of Australia ; and

  (b)   damage to the marine environment in the coastal sea of Australia or the exclusive economic zone of Australia .

Fault - based o ffence

  (2)   A person commits an offence if the person contravenes subsection   ( 1).

Penalty:   600 penalty units .

  (3 )   Recklessness or negligence is the fault element for:

  (a)   the operation of the vessel in a manner that causes the result mentioned in paragraph   ( 1)(a) or (b); and

  (b)   the result mentioned in paragraph   ( 1)(a) or (b) occurring.

Civil penalty

  (4 )   A person i s liable to a civil penalty if the person contravenes subsection   ( 1).

Civil penalty:

  (a)   for an aggravated contravention--6,000 penalty units; or

  (b)   in an y other case--600 penalty units.



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