The word 'damage' in s8(2)(b) of the Marine Pollution Act 1987 (NSW) and Regulation 11 of Annex I of the 1973 Convention includes damage caused by wear and tear; there is no requirement of an external causal factor. The test for 'recklessly' in s8(3)(b) is subjective, requiring actual advertence to the risk of damage, not inquiry into what a prudent person would consider might happen. The phrase 'recklessly and with knowledge that damage would probably result' is a composite concept whose two elements will ordinarily stand or fall together.
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