Western Australian Current Acts Western Australian Current Acts (1) Subject to
subsection (2) and subsections (4) to (12) (inclusive), if any discharge of a
liquid substance, or of a mixture containing a liquid substance, being a
substance or mixture carried as cargo or part cargo in bulk, occurs from a
ship into State waters, the master and the owner of the ship are each guilty
of an offence punishable, upon conviction, by a fine not exceeding —
(a) if
the offender is a natural person — $50 000; or
(b) if
the offender is a body corporate — $250 000.
(2) Subsection (1)
does not apply to the discharge of a liquid substance or a mixture from a ship
—
(a) for
the purpose of securing the safety of a ship or saving life at sea; or
(b) if
the substance or the mixture, as the case may be, escaped from the ship in
consequence of damage, other than intentional damage, to the ship or its
equipment, and all reasonable precautions were taken after the occurrence of
the damage or the discovery of the discharge for the purpose of preventing or
minimizing the escape of the substance or the mixture, as the case may be; or
(c) if
the discharge was for the purpose of combating specific pollution incidents in
order to minimize the damage from pollution and was approved by a prescribed
officer.
(3) For the purposes
of subsection (2), damage to a ship or to its equipment shall be taken to be
intentional damage if, and only if, the damage arose in circumstances in which
the master or owner of the ship —
(a)
acted with intent to cause the damage; or
(b)
acted recklessly and with knowledge that damage would probably result.
(4) Without limiting
the generality of subsection (2), (5) or (12) but subject to subsection (13),
where —
(a) the
tank of a ship that held a substance in Category A or a mixture containing a
substance in Category A has been cleaned in accordance with regulations made
under section 26; and
(b) the
resulting residues in the tank have been discharged to a reception facility
until the concentration of that substance in the effluent to that facility is,
in the opinion of an inspector, at or below the residual concentration
prescribed for that substance in column III of Appendix II to Annex II and
until the tank is empty; and
(c) the
residue then remaining in the tank has been subsequently diluted by the
addition of a volume of water,
subsection (1) does
not apply to the discharge from the ship of the water containing that residue
if the following conditions are satisfied —
(d) the
discharge is made when the ship is not within a special area; and
(e) the
discharge is made when the ship is proceeding en route at a speed of —
(i)
where the ship is self-propelled, at least 7 knots; or
(ii)
where the ship is not self-propelled, at least 4 knots;
and
(f) the
discharge is made below the water line of the ship taking into account the
location of the sea-water intakes; and
(g) the
discharge is made when the ship is at a distance of not less than 12 nautical
miles from the nearest land and is in a depth of water of not less than 25 m.
(5) Without limiting
the generality of subsection (2), (4) or (12) but subject to subsection (13),
where —
(a) the
tank of a ship that held a substance in Category A or a mixture containing a
substance in Category A has been washed in accordance with regulations made
under section 26; and
(b) the
resulting residues in the tank have been discharged to a reception facility
provided in accordance with Regulation 7 of Annex II by a State bordering a
special area until the concentration of that substance in the effluent to that
facility is, in the opinion of an inspector, at or below the residual
concentration prescribed for that substance in column IV of Appendix II to
Annex II and until the tank is empty; and
(c) the
residue then remaining in the tank has been subsequently diluted by the
addition of a volume of water,
subsection (1) does
not apply to the discharge into State waters of the water containing that
residue if the conditions specified in subsection (4)(e), (f) and (g) are
satisfied in relation to the discharge from the ship.
(6) Without limiting
the generality of subsection (2), (7) or (12) but subject to subsection (13),
subsection (1) does not apply to the discharge from a ship of —
(a) a
substance in Category B; or
(b) a
mixture containing a substance in Category B, not being a mixture containing a
substance in Category A,
if the following
conditions are satisfied —
(c) the
discharge is made when the ship is not within a special area; and
(d) the
discharge is made when the ship is proceeding en route at a speed of —
(i)
where the ship is self-propelled, at least 7 knots; or
(ii)
where the ship is not self-propelled, at least 4 knots;
and
(e) the
procedures and arrangements for the discharge have been approved by a
prescribed officer, being procedures and arrangements that ensure that the
concentration and rate of discharge of the effluent is such that the
concentration of the substance in Category B in the wake astern of the ship
does not exceed 1 part in 1 000 000 parts; and
(f) the
maximum quantity of cargo discharged from each tank of the ship (including the
associated piping system of the tank) does not exceed the maximum quantity
specified in the procedures referred to in paragraph (e), not being a quantity
exceeding 1 m 3 or 1 part in 3 000 parts of the tank capacity in cubic metres,
whichever is the greater; and
(g) the
discharge is made below the water line of the ship, taking into account the
location of the sea-water intakes; and
(h) the
discharge is made when the ship is at a distance of not less than 12 nautical
miles from the nearest land and in a depth of water of not less than 25 m.
(7) Without limiting
the generality of subsection (2), (6) or (12) but subject to subsection (13),
where —
(a) the
tank of a ship that held —
(i)
a substance in Category B; or
(ii)
a mixture containing a substance in Category B, not being
a mixture containing a substance in Category A,
has been pre-washed in
accordance with a procedure approved by a prescribed officer; and
(b) the
resulting tank washings have been discharged to a reception facility,
subsection (1) does
not apply to the discharge from the ship of the residue in that tank if the
conditions specified in of subsection (6)(d), (e), (g) and (h) are satisfied
in relation to the discharge from the ship.
(8) Without limiting
the generality of subsection (2), (9) or (12) but subject to subsection (13),
subsection (1) does not apply to the discharge from a ship of —
(a) a
substance in Category C; or
(b) a
mixture containing a substance in Category C, not being a mixture containing a
substance in Category A or B,
if the following
conditions are satisfied —
(c) the
discharge is made when the ship is not within a special area; and
(d) the
discharge is made when the ship is proceeding en route at a speed of —
(i)
where the ship is self-propelled, at least 7 knots; or
(ii)
where the ship is not self-propelled, at least 4 knots;
and
(e) the
procedures and arrangements for the discharge have been approved by a
prescribed officer, being procedures and arrangements that ensure that the
concentration and rate of discharge of the effluent are such that the
concentration of the substance in Category C in the wake astern of the ship
does not exceed 10 parts in 1 000 000 parts; and
(f) the
maximum quantity of cargo discharged from each tank of the ship (including the
associated piping system of the tank) does not exceed the maximum quantity
specified in the procedures referred to in paragraph (e), not being a quantity
exceeding 3 m 3 or 1 part in 1 000 parts of the tank capacity in cubic metres,
whichever is the greater; and
(g) the
discharge is made below the water line of the ship, taking into account the
location of the sea-water intakes; and
(h) the
discharge is made when the ship is at a distance of not less than 12 nautical
miles from the nearest land and in a depth of water of not less than 25 m.
(9) Without limiting
the generality of subsection (2), (8) or (12) but subject to subsection (13),
subsection (1) does not apply to the discharge from a ship of —
(a) a
substance in Category C; or
(b) a
mixture containing a substance in Category C, not being a mixture containing a
substance in Category A or B,
if the following
conditions are satisfied —
(c) the
discharge is made when the ship is proceeding en route at a speed of —
(i)
where the ship is self-propelled, at least 7 knots; or
(ii)
where the ship is not self-propelled, at least 4 knots;
and
(d) the
procedures and arrangements for the discharge have been approved by a
prescribed officer, being procedures and arrangements that ensure that the
concentration and rate of discharge of the effluent are such that the
concentration of the substance in Category C in the wake astern of the ship
does not exceed 1 part in 1 000 000 parts; and
(e) the
maximum quantity of cargo discharged from each tank of the ship (including the
associated piping system of the tank) does not exceed the maximum quantity
specified in the procedures referred to in paragraph (d), not being a quantity
exceeding 1 m 3 or 1 part in 3 000 parts of the tank capacity in cubic metres,
whichever is the greater; and
(f) the
discharge is made below the water line of the ship, taking into account the
location of the sea-water intakes; and
(g) the
discharge is made when the ship is at a distance of not less than 12 nautical
miles from the nearest land and in a depth of water of not less than 25 m.
(10) Without limiting
the generality of subsection (2) or (12) but subject to subsection (13),
subsection (1) does not apply to the discharge from a ship of —
(a) a
substance in Category D; or
(b) a
mixture containing a substance in Category D, not being a mixture containing a
substance in Category A, B or C,
if the following
conditions are satisfied —
(c) the
discharge is made when the ship is proceeding en route at a speed of —
(i)
where the ship is self-propelled, at least 7 knots; or
(ii)
where the ship is not self-propelled, at least 4 knots;
and
(d) the
substance or mixture has been mixed with water so that the concentration of
the substance in Category D in the effluent does not exceed 1 part in 11
parts; and
(e) the
discharge occurs when the ship is not less than 12 nautical miles from the
nearest land.
(11) Without limiting
the generality of subsection (2), subsection (1) does not apply to the
discharge from a ship of bilge water, or of a mixture resulting from tank
cleaning or de-ballasting operations, that contains a liquid substance, or
liquid substances, listed in Appendix III to Annex II but does not contain any
other liquid substance.
(12) Without limiting
the generality of subsection (2) or subsections (4) to (10) (inclusive),
subsection (1) does not apply to the discharge from a ship of clean ballast or
segregated ballast.
(13) Subsections (4)
to (10) (inclusive) do not apply in relation to a mixture that contains a
liquid substance that is neither a noxious liquid substance nor a liquid
substance listed in Appendix III to Annex II.
(14) In proceedings
for an offence against subsection (1) in relation to a ship, it is sufficient
for the prosecution to allege and prove that a discharge of a substance, or a
mixture containing a substance, carried as cargo of the ship occurred from the
ship into State waters, but it is a defence if it is proved that, by virtue of
subsection (2), (4), (5), (6), (7), (8), (9), (10), (11) or (12), subsection
(1) does not apply in relation to the discharge.
(15) In this section,
inspector includes a surveyor appointed or authorised by the Government of a
country that is a Party to the Convention for the purpose or implementing
Regulation 8 of Annex II.