New South Wales Repealed Regulations

This legislation has been repealed.

MARINE POLLUTION REGULATION 2014 - REG 45

45 Master must report reportable transfer operation pollution incident

(Article I (1) of Protocol I of MARPOL)

(1) The master of a ship must, without delay, report any reportable transfer operation pollution incident that occurs in State waters in relation to the ship to the Minister.

: Maximum penalty--100 penalty units.

(2) The report must be in the form set out in Schedule 9.

(3) A reportable incident under this clause is to be reported by the quickest means available and conveyed through AMSA, a Port Corporation or TfNSW.

(4) If the report is conveyed through AMSA, it must--

(a) commence with the code letters "POLREP", and

(b) contain the name and radio call sign (if any) of the ship concerned.

(5) If the report is conveyed through a Port Corporation or TfNSW, it must contain--

(a) the name and radio call sign (if any) of the ship concerned, and

(b) the name of the person reporting the incident, and

(c) the position of the ship.

(6) A report must be made no later than 24 hours after receipt of a request for a report, or within such further time (not exceeding a further 14 days) as the Minister may allow.

(7) A report must be furnished to the Minister in relation to a discharge--

(a) not later than 24 hours after receipt of a request for a report, or

(b) within such further time (not exceeding a further 14 days) as the Minister may allow.

(8) In a prosecution of a person for an offence against subclause (1), it is a defence if the person proves that the person was unable to comply with that subclause or had another reasonable excuse.