New South Wales Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [History] [Help]

MARINE POLLUTION ACT 2012 - SECT 216

Recovery of damages, costs or expenses relating to discharge prohibited by Act

216 Recovery of damages, costs or expenses relating to discharge prohibited by Act

(cf former Act s 51)

(1) This section applies to any of the following discharges, whether or not there would be a lawful defence or excuse to a charge for an offence relating to the discharge:
(a) a discharge of oil into State waters:
(i) from a ship, or
(ii) from a place on land in, or in connection with, a transfer operation, or
(iii) from any apparatus or purpose-built pipeline used in, or in connection with, a transfer operation, whether or not it is being so used,
(b) a discharge of a noxious liquid substance into State waters:
(i) from a ship that is subject to a chemical tanker construction certificate certifying the ship to carry noxious liquid substances in bulk, or
(ii) from a place on land in, or in connection with, a transfer operation, or
(iii) from any apparatus or purpose-built pipeline used in, or in connection with, a transfer operation, whether or not it is being so used,
(c) the jettisoning of a harmful substance in packaged form from a ship into State waters,
(d) a discharge of sewage from a large ship into State waters,
(e) a discharge of garbage from a ship into State waters.
(2) A person who suffers loss of or damage to property because of a discharge to which this section applies, or who incurs costs or expenses in preventing or mitigating or in attempting to prevent or mitigate any loss of or damage to property (including the property of another) as a result of such a discharge, may recover the amount of the loss or damage and the costs or expenses incurred 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.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback