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Liability Risk and Insurance

Australian marine pollution fines

The New South Wales government has confirmed amendments to the Marine Pollution Act raising fines for individuals to A$500,000 and for corporations to A$10mn. The strict liability already applicable to owners of a vessel and the master are extended with specific provisions relating to officers and crew, and the defence of damage arising from failure to maintain or defects arising during normal operation is no longer available. Further, failure to produce evidence of adequate insurance will also trigger automatic penalties against both owner and master.

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