Document ID: chunk:federal_register_of_legislation:C2011A00167:clause:1_267zzl
Version: federal_register_of_legislation:C2011A00167
Segment Type: clause
Provision Reference: sch 1 cl 267ZZL
Character Range: 11484–13467

267ZZL  Operating a ship in a manner that causes pollution or damage to the marine environment outside of Australia
 (1) A master of an Australian ship must not operate the ship in a manner that causes:
 (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 of the offence are set out in subsection (1).
 (4) Recklessness or negligence is the fault element for:
 (a) the operation of the ship in the manner that causes the result mentioned in paragraph (1)(a) or (b); and
 (b) the result mentioned in paragraph (1)(a) or (b) occurring.
 (5) In determining the standard of care a reasonable person would exercise in operating the ship and whether there was a risk that a result mentioned in paragraph (1)(a) or (b) would happen, the matters to which the Court may have regard include, but are not limited to, 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
 (6) 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.