Commonwealth Consolidated Acts

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NAVIGATION ACT 2012 - SECT 143

Failure to ensure vessel is operated so as not to cause pollution or damage to th e marine environment outside A ustralia

  (1)   The master of a regulated Australian vessel, a domestic commercial vessel or a recreational vessel that has Australian nationality must ensure that the vessel is operated in a manner that does not cause:

  (a)   pollution to the marine environment in seas that are beyond the territorial sea and the exclusive economic zone of Australia; or

  (b)   damage to the marine environment in seas that are beyond the territorial sea and 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 manner of operation of the vessel; and

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

Civil penalty

  (4 )   A person is 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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