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 440ZK]

        (2)   A person must not release sewage from a boat into
              non-coastal waters at a place for mooring, docking or berthing
              boats.
              Maximum penalty—
              (a)    if the release is done wilfully—835 penalty units; or
              (b)    otherwise—300 penalty units.
        (3)   It is a defence for a person charged with an offence against
              subsection (1) or (2) 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.

440ZK Depositing rubbish from boats into non-coastal waters
        (1)   A person must not deposit rubbish from a boat into
              non-coastal waters.
              Maximum penalty—
              (a)    if the deposit 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 deposit was made to secure the safety of the boat and
                     persons on board the boat or to save someone’s life; or
              (b)    the deposit resulted from damage to the boat or its
                     equipment and all reasonable precautions were taken,
                     before and after the damage happened, to prevent or
                     minimise the deposit; or
              (c)    if the rubbish is synthetic fishing net or synthetic
                     material used in the repair of a synthetic fishing net—
Current as at 20 February 2014                                                 Page 371