Victorian Current Acts

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POLLUTION OF WATERS BY OIL AND NOXIOUS SUBSTANCES ACT 1986 - SECT 55

Requirement for sewage certificates

    (1)     This section applies to—

        (a)     a trading ship proceeding on an intra-state voyage;

        (b)     an Australian fishing vessel proceeding on a voyage other than an overseas voyage; or

        (c)     a pleasure vessel.

    (2)     The master of a ship to which this section applies shall not begin a voyage unless there is in force in respect of the ship a sewage certificate.

    Penalty: 100 penalty units or imprisonment for 4 years, or both.

    (3)     The owner of a ship to which this section applies shall not permit the ship to begin a voyage unless there is in force in respect of the ship a sewage certificate.

    Penalty—

        (a)     if the offender is a natural person—100 penalty units or imprisonment for 4 years, or both; or

        (b)     if the offender is a body corporate—500 penalty units.

    (4)     The regulations may exempt ships included in a prescribed class of ships from the application of subsection (1), either absolutely or subject to conditions.

    (5)     The owner of a ship to which this section applies in respect of which a sewage certificate is in force shall cause the certificate to be carried on board the ship.

    Penalty: 10 penalty units.

    (6)     In this section sewage certificate means—

        (a)     a Sewage Pollution Prevention Certificate issued under section 52; or

        (b)     an International Sewage Pollution Prevention Certificate issued under section 267ZG of the Navigation Act; or

        (c)     a Sewage Pollution Prevention Certificate issued under a law of another State or the Northern Territory and being a certificate of a kind prescribed as acceptable for the purposes of this Division; or

        (d)     an International Sewage Pollution Prevention Certificate issued to a foreign ship under section 267ZH of the Navigation Act; or

        (e)     an International Sewage Pollution Prevention Certificate issued to an Australian ship under the law of a country other than Australia giving effect to Regulation 5 of Annex IV.

    (7)     An offence against subsection (2) or (3), is an indictable offence.



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