Document ID: chunk:federal_register_of_legislation:F2024C01022:reg:164
Version: federal_register_of_legislation:F2024C01022
Segment Type: reg
Provision Reference: reg 164
Character Range: 255222–256388

164  Discharge of treated sewage from vessels
  Section 162 does not apply in relation to conduct engaged in by a person that causes sewage to be discharged from a vessel in the Marine Park if:
 (a) the sewage has received tertiary treatment; or
 (b) both of the following apply:
 (i) the sewage is grade A treated sewage;
 (ii) the vessel is not inside a boat harbour or marina; or
 (c) the sewage is grade B treated sewage and the vessel is:
 (i) more than 700 metres seawards of the seaward edge of the nearest reef; and
 (ii) more than 700 metres from any aquaculture operation; and
 (iii) more than 700 metres from any person in the water; and
 (iv) not inside a boat harbour or marina; or
 (d) the sewage is grade C treated sewage and the vessel is:
 (i) more than half a nautical mile seawards of the seaward edge of the nearest reef; and
 (ii) more than half a nautical mile from any aquaculture operation; and
 (iii) more than half a nautical mile from any person in the water; and
 (iv) not inside a boat harbour or marina.
Note: A defendant bears an evidential burden in relation to matters in this section (see subsection 13.3(3) of the Criminal Code).