Victorian Current Acts

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POLLUTION OF WATERS BY OIL AND NOXIOUS SUBSTANCES ACT 1986 - SECT 23L

Duty to report discharges

    (1)     If a prohibited discharge occurs from any apparatus used in a transfer operation on any place on land or from any ship that is not an oil tanker and has a gross tonnage of less than 400, the occupier of that place, or the owner or master of the ship must, without delay, inform the Authority or its delegate of all details of the occurrence and if the Authority or its delegate is not so notified each of those persons is guilty of an indictable offence punishable, on conviction—

        (a)     if the offender is an individual, by a fine not exceeding 500 penalty units, or imprisonment for one year, or both; or

        (b)     if the offender is a body corporate, by a fine not exceeding 2500 penalty units.

    (2)     If information is given orally under subsection (1), the occupier, owner or master must give to the Authority within 24 hours a written notice confirming the information.

Penalty:     2 penalty units.

    (3)     A certificate purporting to be issued by the Authority or to be signed by an authorised officer or any other person authorised by the Authority in that behalf certifying that by a particular time any information or notice required to be given to the Authority by subsection (1) or (2) had not been given, is admissible in evidence in any proceedings for an offence under either of those subsections and, in the absence of evidence to the contrary, is proof of the matters stated in the certificate.

Division 3—Miscellaneous



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