Operating a vessel so as to pollute or damage the marine environment outside Australia
142 Operating a vessel so as to pollute or damage the marine environment outside Australia
The master of a regulated Australian vessel, a domestic commercial vessel, or a recreational vessel that has Australian nationality, must not operate the vessel in a manner that causes:
pollution to the marine environment in seas that are beyond the territorial sea and the exclusive economic zone of Australia; or
damage to the marine environment in seas that are beyond the territorial sea and the exclusive economic zone of Australia.
Fault‑based offence
A person commits an offence if the person contravenes subsection (1).
Penalty: 600 penalty units.
Recklessness or negligence is the fault element for:
the manner of operation of the vessel; and
the result mentioned in paragraph (1)(a) or (b) occurring.
Civil penalty
A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty:
for an aggravated contravention—6,000 penalty units; or
in any other case—600 penalty units.
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