(1) If a vessel emits
smoke or vapour to the extent that it causes danger to any other person, the
owner and operator of the vessel are each guilty of an offence.
Maximum penalty: $1 250.
(2) If any offensive
material is discharged from a vessel directly or indirectly into waters in the
jurisdiction or on adjacent land under the care, control and management of the
Minister, the owner and operator of the vessel are each guilty of an offence.
Maximum penalty: $5 000.
(3) It is a defence to
a charge brought against the owner of a vessel of an offence against this
regulation committed while the vessel was being operated in the jurisdiction
for the owner to prove that the vessel was operated without the owner's
consent.
(4) In this
regulation—
"offensive material" includes oil, tar, spirit, other inflammable material,
refuse, wire, rope, plastic, the carcass of any animal, sludge from ballast
tanks and any matter that may cause pollution, a nuisance or offence.