Queensland Consolidated Acts

TRANSPORT OPERATIONS (MARINE POLLUTION) ACT 1995 - SECT 27

27 Oil residues

(1) If any oil residues that cannot be discharged from a ship without contravening section 26 (1) are not retained on board the ship while the ship is in coastal waters, the ship’s master and owner each commit an offence.

Example—

A ship leaves port A with a quantity of oil residues held in a tank or space and, without leaving coastal waters, arrives at port B with a lesser quantity in the tank or space. This subsection places an onus on the ship’s master to explain why there is a discrepancy in the quantity.

Penalty—

Maximum penalty—

(a) for an individual—5,000 penalty units; or

(b) for a corporation—100,000 penalty units.

(2) If an event contravenes subsection (1) and section 26 (1) , the ship’s owner and master cannot be punished for the event under both provisions.