Prevention of Oil Pollution of Navigable Waters (Amendment) Act 1969 (NSW)
PREVENTION OF OIL POLLUTION OF NAVIGABLE
WATERS (AMENDMENT) ACT.
| Jgeto | M a l e s |
A2VNO OCTAVO DECIMO
ELIZABETHyE II REGINyE
Act No. 63, 1969.
An Act to make provision with respect to the liability of certain persons for the discharge of oil into navigable waters during operations involving the transfer of oil; for this and other purposes to amend the Prevention of Oil Pollution of Navigable Waters Act, 1960; and for purposes connected therewith. [Assented to, 6th November, 1969.]
BE
Prevention of Oil Pollution of Navigable Waters (Amendment).
No. 63, 1969 O E it enacted by the Queen’s Most Excellent Majesty, by
-D and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows:—
| Short title. | 1* | This Act may be cited as the “Prevention of Oil Pollu |
tion of Navigable Waters (Amendment) Act, 1969”.
| Amendment | 2. | The Prevention of Oil Pollution of Navigable Waters |
| 4o, 1^60. | ^ct, 1960, is amended— |
| New sec. | (a) | by inserting next after section six the following new section ;— |
| Discharge | 6 a . (1) In this section, “transfer operation” |
| of oil |
| into waters | means any operation involved in the preparation |
| in transfer | for, or in the commencement, carrying on or |
| operation. | termination of, a transfer of oil or of any mixture containing oil from or to any ship or any place on land. |
| (2) Where any discharge of oil or of any mixture containing oil into any waters within the jurisdiction occurs as referred to in section six of this Act, and the discharge occurred by reason of the carrying out of, or the failure to carry out, an act in a transfer operation,— |
| (a) | if the discharge is from a ship—on another ship or at a place on land or in connection with apparatus used in the transfer opera tion, both the owner and master of that other ship or the occupier of that place or the person in charge of such apparatus, as the case may be, or |
| (b) | if the discharge is from a place on land— at another place on land or on a ship or in connection with such apparatus, the occupier of that other place or both the |
owner
Prevention of Oil Pollution of Navigable Waters (Amendment).
owner and master of the ship or the person no. 63, i969
in charge of such apparatus, as the c a s e ----
may be, or
| (c) | if the discharge is from such apparatus— on a ship or at a place on land, both the owner and master of the ship or the occupier of that place, as the case may be, |
shall be guilty of an offence against this Act and shall be liable to a penalty not exceeding two thousand dollars.
(3) Nothing in this section affects in any way the operation of section six of this Act, and proceedings under that section or under this section or under both those sections may be taken in respect of any one discharge of oil or a mixture containing oil.
(b) by inserting at the end of section seven the follow- Sec. 7.
| ing new subsection : — | (Special defences.) |
| (3) Where a person is charged with an offence against section 6 a of this Act it shall be a defence to prove that the discharge of oil or mixture con taining oil was not caused knowingly, wilfully or negligently. |
| (c) | by inserting next after subsection one of section sec. 8. | |
|
(1 a ) Notwithstanding anything in subsection one of this seetion, where a person is convicted of an offence arising under section 6a of this Act in respect of the discharge referred to in subsection one of this section, the Board may, if it so decides, recover such costs and expenses from that person in lieu of recovering them from the person from whom it would otherwise have recovered them under subsection one of this section.
(d)
Prevention of Oil Pollution of Navigable Waters {Amendment).
| No. 63, 1969 | (d) (i) by inserting at the end of subsection one of |
| Sec. 9. | section nine the following words ; — |
| in ships to |
| (Equipment | The requirements so prescribed may include |
| prevent oil | requirements as to the maintenance, operation |
| pollution.) | or management of the prescribed equipment or of the ship. |
(ii) by inserting next after subsection two of the same section the following new subsection : —
(2a) The regulations made pursuant to this section may prohibit or regulate the carriage, by any ship to which the regulations apply, of water, and of any other substance specified in the regulations, in any tank which has con tained oil unless the tank has first been thoroughly cleansed.
| Sec. 10. | (e) (i) by inserting in paragraph (b) of subsection |
| (Keeping | four of section ten after the word “period” the |
| of oil | |
| records.) | words “and in a prescribed place” ; |
(ii) by inserting at the end of the same section the following new subsections : —
(6) Every matter required to be recorde ’ by the regulations in respect of an occurrence shall be recorded without delay upon the happening of the occurrence.
(7) If any records are not kept or caused to be kept, or retained or transmitted in accord ance with the regulations, then—
| (a) | in the case of records referred to in subsection two of this section, the owner of the ship concerned; or |
(b) in the case of records referred to in ■ subsection three of this section, the
occupier of the place on land
concerned.
shall
Prevention of Oil Pollution of Navigable Waters {Amendment).
shall be guilty of an offence against this Act n o . 63, 1969
and shall be liable to a penalty not e x c e e d in g ----
one thousand dollars.
(f) (i) by omitting from subsection four of section Sec. 12.
twelve the word “require” and by inserting in (Oil
| lieu thereof the word “give” ; | fadMes”) |
(ii) by inserting in the same subsection after the word “residues” where firstly occurring the words “a notice in writing requiring him” ;
(iii) by inserting at the end of the same section the following new subsections ; —
| (5) | A notice under subsection four of this |
section—
| (a) | shall, in so far as it relates to the provi sion of facilities as referred to in paragraph (a) of that subsection, specify a time within which the require ments thereof are to be complied with: |
| (b) | shall be signed by the Secretary or Acting Secretary to the Board; and |
| (c) | may be revoked or varied as the Board sees fit. |
(6) An owner or occupier referred to in subsection four of this section to whom a notice under that subsection has been given and who fails to comply with the requirements of the notice shall be guilty of an offence against this Act and shall be liable to a penalty not exceeding one thousand dollars.
(7) A notice under subsection four of this section may be sufficiently served by delivering it to the person being or appearing to be in charge of the oil terminal, oil depot, oil installation or establishment to the owner or
occupier
p64443—30
Prevention of Oil Pollution of Navigable Waters (Amendment).
| No. 63, 1969 | occupier of which the notice may be given under that subsection, as well as in a manner provided by section 30a of the Maritime Services Act, 1935. |
| Sec. 17. | (g) by inserting at the end of section seventeen the |
| evidence.) |
| (Admissible | following new paragraph ;— |
| (d) | any document purporting to be a copy of a notice under subsection four of section twelve of this Act and certified by the Secretary or Acting Secretary to the Board to be a true copy of the notice shall be prima facie proof of the notice and of its terms. |
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