New South Wales Consolidated Acts

MARINE POLLUTION ACT 2012 - SECT 194

194 Clean-up by public authorities

(1) If the Minister reasonably suspects that a marine pollution incident has occurred or is occurring, the Minister may, by notice in writing, direct a public authority to take such clean-up action as is specified in the notice. The public authority is authorised and required to take that action.

(2) If a public authority reasonably suspects that a marine pollution incident has occurred or is occurring, the public authority may take such clean-up action as it considers necessary. The public authority is authorised to take that action, whether or not it is directed to take clean-up action under subsection (1).

(3) Notices may be given, and action may be taken, under this section whether or not a marine pollution clean-up notice has been given under section 193, and (if such a notice has been given) whether or not the period specified in the notice under that section has ended.

(4) A public authority may take clean-up action under this section by itself or by its employees, agents or contractors.

(5) In this section:

"public authority" means a public or local authority constituted by or under an Act, and includes:

(a) a government department, and

(b) a local council, and

(c) a member of staff or other person who exercises functions on behalf of a public authority.