Queensland Consolidated Acts

TRANSPORT OPERATIONS (MARINE POLLUTION) ACT 1995 - SECT 50A

(1) The owner or master of a prescribed ship must not operate the ship unless the ship has 1 of the following sewage systems—

(a) a sewage treatment system;

(b) a sewage comminuting and disinfecting system for the temporary storage of sewage when the ship is less than 3n miles from the nearest land;

(c) a holding tank—

(i) with capacity to retain all sewage, having regard to the ship's operation, the number of persons on board and other relevant factors; and

(ii) constructed to have a means to indicate visually the amount of its contents.

Maximum penalty—850 penalty units.

(2) If untreated sewage is discharged from a prescribed ship into coastal waters, each culpable person for the discharge commits an offence.

Maximum penalty—850 penalty units.

(3) If treated sewage is discharged from a prescribed ship into prohibited discharge waters, each culpable person for the discharge commits an offence.

Maximum penalty—850 penalty units.

(4) If treated sewage is discharged from a prescribed ship into coastal waters, each culpable person for the discharge commits an offence, unless each of the following applies—

(a) the ship is operating a sewage treatment plant approved by the IMO;

Note—

Information on sewage treatment plants is available from MSQ, the Australian Maritime Safety Authority or the IMO's website for the Global Integrated Shipping Information System at .

(b) the test results of the treatment system are stated in the ship's International Sewage Pollution Prevention Certificate;

(c) the effluent does not produce visible floating solids or discolour the surrounding water.

Maximum penalty—850 penalty units.

(5) Subsections (2), (3) and (4) apply despite the Criminal Code, sections 23 and 24.

(6) In this section—

prescribed ship means a ship engaged in an international voyage—

(a) with a gross tonnage of at least 400; or

(b) with a gross tonnage of less than 400 and certified to carry more than 15 persons.

Note—

See Annex IV to MARPOL, chapter 1, regulation 2.