Document ID: chunk:federal_register_of_legislation:F2015L00365:reg:21
Version: federal_register_of_legislation:F2015L00365
Segment Type: reg
Provision Reference: reg 21
Character Range: 14607–15796

21  Refuse etc. not to be deposited in or near naval waters
 (1) Subject to subsection (5), the superintendent of any naval waters may give a notice permitting a person, or a class of persons, to place material of a specified kind in a position:
 (a) in those waters; or
 (b) nearby those waters, from which the material is likely to be washed into those waters.
 (2) A permission under subsection (1) may be subject to conditions.
 (3) A person commits an offence of strict liability if:
 (a) the person causes or permits material to be placed in or nearby naval waters; and
 (b) the placement is not in accordance with a notice under this section.
Penalty: 10 penalty units.
 (4) Subsection (3) does not apply if the person has a reasonable excuse for the relevant conduct.
Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 13.3 of the Criminal Code).
 (5) Nothing in this section affects the operation of a law of a State or Territory.
 (6) In this section, material includes ballast, stones, sand, earth, clay, refuse, ashes, timber, carcasses, rubbish, dust, fuel, oil, refuse from a quarry, mine or pit, and any other pollutant.