Queensland Consolidated Acts

TRANSPORT OPERATIONS (MARINE POLLUTION) ACT 1995 - SECT 49

49 Declared ship operating in prescribed nil discharge waters to be fitted with sewage holding device

(1) The owner or master of a declared ship must not operate the declared ship in nil discharge waters for treated sewage or untreated sewage from a declared ship, unless—

(a) the declared ship is fitted with a sewage holding device; and

(b) each fixed toilet on the declared ship is connected to a sewage holding device.

Penalty—

Maximum penalty—850 penalty units.

(2) A declared ship is taken not to be fitted with a sewage holding device unless a sewage holding device fitted to the ship is appropriate having regard to—

(a) the maximum number of persons the ship is permitted to carry under—

(i) for a domestic commercial vessel—the domestic commercial vessel national law; or

(ii) for a Queensland regulated ship—the Marine Safety Act ; and

(b) the duration of the ship’s journey in the nil discharge waters.

(3) The nil discharge waters for treated sewage or untreated sewage from a declared ship are the coastal waters prescribed under a regulation for this section.

(4) In this section—

"declared ship" means a ship declared under a regulation to be a ship to which this section applies.

"operate" , a declared ship, includes anchor, berth or moor the declared ship.