Document ID: chunk:federal_register_of_legislation:C2025C00094:section:141
Version: federal_register_of_legislation:C2025C00094
Segment Type: section
Provision Reference: s 141
Character Range: 138592–139717

141  Failure to ensure vessel is operated so as not to cause pollution or damage to the Australian marine environment
 (1) The master of a vessel must ensure that the vessel is operated in a manner that does not cause:
 (a) pollution to the marine environment in the coastal sea of Australia or the exclusive economic zone of Australia; and
 (b) damage to the marine environment in the coastal sea of Australia or the exclusive economic zone of Australia.

Fault‑based offence
 (2) A person commits an offence if the person contravenes subsection (1).
Penalty: 600 penalty units.
 (3) Recklessness or negligence is the fault element for:
 (a) the operation of the vessel in a manner that causes the result mentioned in paragraph (1)(a) or (b); and
 (b) the result mentioned in paragraph (1)(a) or (b) occurring.

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

Division 3—Australian vessels polluting or damaging the marine environment outside Australia