New South Wales Consolidated Acts

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MARINE POLLUTION ACT 2012 - SECT 184

Recovery of costs and expenses of preventative action or clean-up action

184 Recovery of costs and expenses of preventative action or clean-up action

(cf former Act ss 46 (2) and 47 (2))

(1) The Minister may recover all costs and expenses incurred by the Minister in respect of action taken by or on behalf of the Minister under this Part from:
(a) in the case of a discharge or probable discharge of a marine pollutant from a ship:
(i) the owner or master of the ship concerned, or
(ii) any other person whose act caused the discharge or probable discharge, or
(b) in the case of a discharge or probable discharge of oil or a noxious liquid substance from an apparatus on a ship in, or in connection with, a transfer operation:
(i) the owner of the ship, or
(ii) the master of the ship, or
(iii) the owner of the apparatus, or
(iv) the person in charge of the apparatus, or
(v) any other person whose act caused the discharge or probable discharge, or
(c) in the case of a discharge or probable discharge of oil or a noxious liquid substance from a ship in, or in connection with, a transfer operation:
(i) the owner of the ship, or
(ii) the master of the ship, or
(iii) the person in charge of the transfer operation of the ship, or
(iv) any other person whose act caused the discharge or probable discharge, or
(d) in the case of a discharge or probable discharge of oil or a noxious liquid substance from an apparatus on a place on land in, or in connection with, a transfer operation:
(i) the occupier of the land, or
(ii) the owner of the apparatus, or
(iii) the person in charge of the apparatus, or
(iv) any other person whose act caused the discharge or probable discharge, or
(e) in the case of a discharge or probable discharge of oil or a noxious liquid substance from a place on land in, or in connection with, a transfer operation:
(i) the occupier of the land, or
(ii) any other person whose act caused the discharge or probable discharge, or
(f) in the case of a discharge or probable discharge of oil or a noxious liquid substance from a purpose-built pipeline in, or in connection with, a transfer operation:
(i) the occupier of the land on which the pipeline is situated, or
(ii) the person in charge of the pipeline, or
(iii) the owner of the pipeline, or
(iv) any other person whose act caused the discharge or probable discharge.
(2) The costs and expenses referred to in subsection (1):
(a) may be awarded in the course of proceedings for an offence in respect of a discharge, whether or not the owner, master or person is convicted of an offence, or
(b) may be recovered as a debt due in a court of competent jurisdiction, despite the fact that proceedings have not been taken for an offence in respect of the discharge.



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