Document ID: chunk:federal_register_of_legislation:C2006A00024:clause:3_22a
Version: federal_register_of_legislation:C2006A00024
Segment Type: clause
Provision Reference: sch 3 cl 22A
Character Range: 71483–74099

22A  Shipboard marine pollution emergency plan for noxious liquid substances

 (1) This section applies to an Australian ship:
 (a) that has a gross tonnage of 150 or more; and
 (b) in respect of which there is in force a chemical tanker construction certificate referred to in section 267V of the Navigation Act 1912.

 (2) There must be kept on board the ship a shipboard marine pollution emergency plan for noxious liquid substances written in the working language of the master of, and the officers on board, the ship.

 (3) A shipboard marine pollution emergency plan for noxious liquid substances must be in accordance with the prescribed form and set out the following particulars:
 (a) the procedures to be followed by the master of the ship, or any other person having charge of the ship, in notifying a prescribed incident in relation to the ship;
 (b) a list of the authorities or persons that are to be notified by persons on the ship if a prescribed incident occurs in relation to the ship;
 (c) a detailed description of the action to be taken, immediately after a prescribed incident, by persons on board the ship to reduce or control any discharge from the ship resulting from the incident;
 (d) the procedures to be followed for coordinating with the authorities or persons who have been contacted (whether in Australia or in a country near to the place where the incident occurred);
 (e) any action to be taken in combating the pollution caused by the incident and, in particular, the person on board the ship through whom all communications are to be made.

 (4) The procedures referred to in paragraph (3)(a) must accord with the regulations prescribing, for the purposes of subsection 22(1), the manner in which a prescribed incident is to be notified.

 (5) Subsection (3) does not prevent other relevant particulars from being included in the shipboard marine pollution emergency plan for noxious liquid substances.

 (6) If the ship does not have on board a shipboard marine pollution emergency plan for noxious liquid substances, the master of the ship and the owner of the ship each commits an offence punishable on conviction by a fine not exceeding 500 penalty units.

 (7) An offence against subsection (6) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

 (8) A shipboard marine pollution emergency plan for noxious liquid substances is not a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 (9) In this section:

prescribed incident, in relation to a ship, has the same meaning as in section 22.