New South Wales Consolidated Acts

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MARINE POLLUTION ACT 2012 - SECT 193

Clean-up by polluters

193 Clean-up by polluters

(1) The Minister may, by notice in writing, do either or both of the following:
(a) direct the responsible person for a marine pollution incident that the Minister reasonably suspects has occurred or is occurring,
(b) direct a person who is reasonably suspected by the Minister of causing or having caused a marine pollution incident,
to take such clean-up action as is specified in the notice and within such period as is specified in the notice.
(2) The marine pollution clean-up notice may require the person to whom the notice is given to furnish reports to the Minister regarding progress on the carrying out of the clean-up action.
(3) If the person given a marine pollution clean-up notice complies with the notice but was not the person who caused the marine pollution incident, the cost of complying with the notice may be recovered by the person who complied with the notice as a debt in a court of competent jurisdiction from the person who caused the marine pollution incident.
(4) A person who, without reasonable excuse, does not comply with a marine pollution clean-up notice given to the person is guilty of an offence.
Maximum penalty:
(a) in the case of a corporation--$1,000,000 and, in the case of a continuing offence, a further penalty of $120,000 for each day the offence continues, or
(b) in the case of an individual--$250,000 and, in the case of a continuing offence, a further penalty of $60,000 for each day the offence continues.



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