New South Wales Consolidated Acts

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MARINE POLLUTION ACT 2012 - SECT 151

Requirement for chemical tanker construction certificate

151 Requirement for chemical tanker construction certificate

(1) The master of a prescribed ship must not begin a voyage unless there is a chemical tanker construction certificate in force in respect of the ship.
: Maximum penalty--$11,000 or imprisonment for 4 years, or both.
(2) The owner of a prescribed ship must not permit the ship to begin a voyage unless a chemical tanker construction certificate is in force in respect of the ship.
: Maximum penalty--
(a) in the case of an individual--$11,000 or imprisonment for 4 years, or both, or
(b) in the case of a corporation--$55,000.
(3) The owner of a prescribed ship in respect of which a chemical tanker construction certificate is in force must ensure that the certificate is carried on board the ship.
: Maximum penalty--$1,100.
(4) In this section--

"chemical tanker construction certificate" means--
(a) an International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk issued under section 132 of the Navigation Act 2012 of the Commonwealth, or
(b) a chemical tanker construction certificate issued under a law of another State or the Northern Territory that is a certificate of a kind prescribed by the regulations as acceptable for the purposes of this Part, or
(c) an International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk issued to--
(i) a foreign ship under section 319 of the Navigation Act 2012 of the Commonwealth, or
(ii) a foreign ship under the law of a country other than Australia giving effect to Regulation 9 of Annex II of MARPOL, or
(iii) an Australian ship under the law of a country other than Australia giving effect to Regulation 9 of Annex II of MARPOL.

"prescribed ship" means a ship--
(a) intended to carry noxious liquid substances in bulk, and
(b) engaged in voyages to ports or offshore terminals under the jurisdiction of other Parties to MARPOL.
Editor's note : See Reg 9.1 of Annex II of MARPOL.



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