Document ID: chunk:federal_register_of_legislation:F2024C01022:reg:163
Version: federal_register_of_legislation:F2024C01022
Segment Type: reg
Provision Reference: reg 163
Character Range: 253764–255222

163  Discharge of untreated sewage from vessels
 (1) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:
 (a) the vessel has 15 or fewer persons on board; and
 (b) either:
 (i) the vessel does not have a fixed toilet; or
 (ii) where the vessel has a fixed toilet, the sewage has been reduced to a fine slurry; and
 (c) the vessel is not inside a boat harbour or marina; and
 (d) the vessel is more than one nautical mile from an aquaculture operation.
Note: A defendant bears an evidential burden in relation to matters in subsection (1) (see subsection 13.3(3) of the Criminal Code).
 (2) Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in, or into, the Marine Park if:
 (a) the vessel has more than 15 persons on board; and
 (b) the vessel has a fixed toilet; and
 (c) the sewage has been reduced to a fine slurry; and
 (d) the sewage is discharged more than one nautical mile seawards of:
 (i) the seaward edge of the nearest reef; and
 (ii) the low water mark of the nearest island or the mainland; and
 (e) the vessel is not inside a boat harbour or marina; and
 (f) the vessel is more than one nautical mile from an aquaculture operation.
Note: A defendant bears an evidential burden in relation to matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).