New South Wales Repealed Regulations

This legislation has been repealed.

MARINE POLLUTION REGULATION 2014 - REG 48

48 Duty of other persons to report if ship abandoned or report cannot be obtained

(1) The owner, charterer, manager or operator of an abandoned ship in relation to which a reportable transfer operation pollution incident has occurred in State waters, and any agent of the owner, charterer, manager or operator of the ship, are each guilty of an offence if the reportable transfer operation pollution incident is not reported to the Minister without delay and in the manner required by this clause.

: Maximum penalty--100 penalty units.

(2) The owner, charterer, manager or operator of a ship in relation to which a reportable transfer operation pollution incident has occurred in State waters in other circumstances in which a report cannot be obtained from the master of the ship under this Division, and any agent of the owner, charterer, manager or operator of the ship, are each guilty of an offence if the reportable transfer operation pollution incident is not reported to the Minister without delay and in the manner required by this clause.

: Maximum penalty--100 penalty units.

(3) In a prosecution of a person for an offence against this clause in relation to a reportable transfer operation pollution incident, it is a defence if the person proves--

(a) that the person was not aware of the incident, or

(b) that the person neither knew nor suspected that the ship was abandoned or the circumstances that meant that a report could not be obtained.

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

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

(6) 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.

(7) 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.

(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.

(9) Subclause (8) does not limit any defence that would, but for that subclause, be available to a person charged with an offence under this clause.