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PROTECTION OF THE SEA (CIVIL LIABILITY) ACT 1981 - SECT 22A Recovery of loss etc. by the Authority

PROTECTION OF THE SEA (CIVIL LIABILITY) ACT 1981 - SECT 22A

Recovery of loss etc. by the Authority

  (1)   This section applies if the Authority suffers loss or damage, or incurs costs or expenses, in preventing or mitigating or in attempting to prevent or mitigate any pollution damage, because of:

  (a)   a discharge or disposal in contravention of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 ; or

  (b)   action taken by the Authority in performance of its function, under paragraph   6(1)(a) of the Australian Maritime Safety Authority Act 1990 , to combat pollution in the marine environment caused by a discharge or disposal from a ship, or to combat a threat of pollution in the marine environment caused by a threat of a discharge or disposal from a ship.

  (2)   The Authority may recover from:

  (a)   the owner or the master of the ship from which the discharge or disposal occurred, or from which there was the threat of a discharge or disposal; or

  (b)   any person whose act caused the discharge or disposal, or the threat of a discharge or disposal;

the amount of the loss, damage, costs and expenses.

  (3)   The amount is recoverable as a debt in a court of competent jurisdiction.