Queensland Consolidated Acts

TRANSPORT OPERATIONS (MARINE POLLUTION) ACT 1995 - SECT 67

67 Duty to report certain incidents

(1) In this section—

"discharge offence" has the meaning it has in parts 4 to 9 .

"harmful substance" has the meaning it has in part 6 .

"noxious liquid substance" has the meaning it has in part 5 .

"oil" has the meaning it has in part 4 .

"reportable incident" means—

(a) a discharge or probable discharge of—

(i) oil or a noxious liquid substance that happens in coastal waters; or

(ii) untreated sewage in the nil discharge waters for untreated sewage under section 47 ; or

(iii) treated sewage in the nil discharge waters for treated sewage under section 48 ; or

(iv) for a declared ship, treated sewage or untreated sewage in the nil discharge waters for treated sewage or untreated sewage under section 49 ; or

(b) the jettisoning of a harmful substance carried in packaged form from a ship that happens in coastal waters;

but does not include a discharge or jettisoning exempted by regulation.

(2) A ship’s master must notify, without delay, an authorised officer of a reportable incident in the way prescribed by regulation.

Penalty—

Maximum penalty—850 penalty units.

(3) If the ship’s master cannot comply with subsection (2) , the ship’s owner or the owner’s agent must notify, without delay, an authorised officer of the reportable incident in the way prescribed by regulation, unless the owner or owner’s agent has a reasonable excuse.

Penalty—

Maximum penalty—850 penalty units.

(4) A person mentioned in subsection (2) or (3) who has notified an authorised officer of the reportable incident must give a report to an authorised officer about the incident if asked by an authorised officer.

Penalty—

Maximum penalty—850 penalty units.

(5) The report must include the particulars, and be given to an authorised officer within the time, prescribed under a regulation.

(6) A notice given to an authorised officer under subsection (2) or (3) , and a report given to an authorised officer under subsection (4) , must not, without the consent of the person charged, be admitted in evidence in a prosecution for a discharge offence.