Commonwealth Consolidated Regulations

GREAT BARRIER REEF MARINE PARK REGULATIONS 2019 - REG 162

  (1)   A person commits an offence if:

  (a)   the person engages in conduct; and

  (b)   the conduct causes the discharge of sewage in, or into, the Marine Park; and

  (c)   the person is negligent as to whether sewage will be discharged in, or into, the Marine Park.

Penalty:   50 penalty units.

Exception

  (2)   Subsection   (1) does not apply if the sewage is discharged from a vessel or aircraft:

  (a)   because of accidental damage to the vessel or aircraft (disregarding deterioration or defects covered by subsection   (3)) and all reasonable precautions were taken before and after the occurrence of the damage to prevent or minimise the escape of sewage; or

  (b)   for the purpose of saving life at sea or securing the safety of the vessel or aircraft.

Note 1:   A defendant bears an evidential burden in relation to matters in subsection   (2) (see subsection   13.3(3) of the Criminal Code ).

Note 2:   There are additional defences in sections   163 and 164 (discharge of untreated and treated sewage from vessels) and section   10.5 of the Criminal Code (lawful authority).

  (3)   For the purposes of paragraph   (2)(a), accidental damage to the vessel or its equipment does not include:

  (a)   deterioration resulting from failure to maintain the vessel or equipment; or

  (b)   defects that develop during the normal operation of the vessel or equipment.