New South Wales Consolidated Acts
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MARINE POLLUTION ACT 2012 - SECT 194
Clean-up by public authorities
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
(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,
(c) a member of staff or other person who exercises functions on behalf
of a public authority.
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