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TRANSPORT LEGISLATION AMENDMENT (MARINE SAFETY AND OTHER AMENDMENTS) ACT 2011 (NO. 78 OF 2011) - SECT 47

New Division 1A in Part 8 inserted

    (1)     After Division 1 of Part 8 of the Marine Act 1988 insert

" Division 1A—Functions and powers of the Secretary

        71A     Functions of the Secretary

    (1)     The functions of the Secretary are—

        (a)     to advise the Minister on the operation and administration of marine pollution legislation; and

        (b)     to ensure adequate means exist in ports to enable an effective response to marine pollution incidents within ports; and

        (c)     to take action to deal with marine pollution incidents occurring in State waters that are not port waters; and

        (d)     after consultation with the Environment Protection Authority, to develop, review, co-ordinate and administer the Victorian Marine Pollution Contingency Plan.

    (2)     Without derogating from any other functions or powers of the Secretary under any other Act, the Secretary may do all things that are necessary or convenient to enable him or her to carry out his or her functions under this Act, including the powers specified in section 71B.

        71B     Powers of the Secretary

    (1)     The Secretary may direct a specified person or body to participate in the Victorian Marine Pollution Contingency Plan by providing and maintaining equipment, training personnel and responding to marine pollution incidents as directed by the Secretary.

    (2)     In this section—

"specified person or body" means—

        (a)     port management bodies, local port managers, waterway managers, channel operators, port operators (as defined in the Port Management Act 1995 ), committees of management of Crown land within designated ports, oil terminal operators and chemical terminal operators; and

        (b)     any other person or body, or person or body who is a member of a class of person or body, specified in an Order made by the Governor in Council for the purposes of this section and published in the Government Gazette.".



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