MCU14/0028 Appendix 2 EnvProtAct 1994

Environmental Protection Act 1994
Chapter 8 General environmental offences
Part 3D Offences relating to releases from boats into non-coastal waters

[s 440ZI]

                  noxious liquid substance has the meaning given by
                  MARPOL.
                  oil has the meaning given by MARPOL and includes an oily
                  mixture.
                  sewage has the meaning given by Annex IV to MARPOL and
                  includes human faecal wastes.

440ZI Release of certain substances from boats into
      non-coastal waters
            (1)   A person must not release oil, a noxious liquid substance or a
                  harmful substance from a boat into non-coastal waters.
                  Maximum penalty—
                  (a)   if the release is done wilfully—835 penalty units; or
                  (b)   otherwise—300 penalty units.
            (2)   It is a defence for a person charged with an offence against
                  subsection (1) to prove—
                  (a)   the release was necessary to secure the safety of the boat
                        or to save someone’s life; or
                  (b)   the release resulted from damage, other than wilful
                        damage, to the boat or its equipment and all reasonable
                        precautions were taken, after the damage happened or
                        the release was discovered, to prevent or minimise the
                        release.

440ZJ Release of sewage from boats into non-coastal waters
            (1)   A person must not release sewage into non-coastal waters
                  from a boat that has a sewage holding tank or is required by
                  law to be fitted with a sewage holding tank.
                  Maximum penalty—
                  (a)   if the release is done wilfully—835 penalty units; or
                  (b)   otherwise—300 penalty units.

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