Document ID: chunk:federal_register_of_legislation:C2011A00167:clause:1_267zzm
Version: federal_register_of_legislation:C2011A00167
Segment Type: clause
Provision Reference: sch 1 cl 267ZZM
Character Range: 13467–15757

267ZZM  Failure to ensure ship is operated in a manner that does not cause pollution or damage to the marine environment outside of Australia
 (1) A master of an Australian ship must ensure that the ship is operated in a manner that does not cause:
 (a) pollution to the marine environment in seas that are beyond the territorial sea and the exclusive economic zone of Australia; or
 (b) damage to the marine environment in seas that are beyond the territorial sea and the exclusive economic zone of Australia.

Offence
 (2) A master commits an offence if the master contravenes subsection (1).
Penalty: 600 penalty units.
 (3) The physical elements for the offence are set out in subsection (1).
 (4) Recklessness or negligence is the fault element for:
 (a) failure to ensure that the ship is operated in a manner that does not cause the result mentioned in paragraph (1)(a) or (b); and
 (b) the result mentioned in paragraph (1)(a) or (b) occurring.
 (5) The matters to which the Court may have regard in determining the following include, but are not limited to, the matters set out in subsection (6):
 (a) the standard of care a reasonable person would exercise in ensuring that the ship is operated in a manner that does not cause the result mentioned in paragraphs (1)(a) and (b);
 (b) the risk that the result mentioned in paragraph (1)(a) or (b) would happen.
 (6) Those matters are the following:
 (a) the characteristics of the ship;
 (b) the ship's cargo and the risks of pollution or damage to the marine environment if that cargo is released;
 (c) the amount of bunker oil on board the ship and the risk of pollution or damage to the marine environment if that amount of oil is released;
 (d) the state of visibility;
 (e) the state of the wind, sea and current;
 (f) the presence of other ships in the vicinity;
 (g) the presence of navigation hazards in the vicinity;
 (h) the rules under the Prevention of Collisions Convention;
 (i) operational requirements imposed by law.

Civil penalty provision
 (7) A master is liable to a civil penalty if the master contravenes subsection (1).
Civil penalty:
 (a) for an aggravated contravention—6,000 penalty units; or
 (b) in any other case—600 penalty units.

Subdivision D—Aggravated contraventions of civil penalty provisions