New South Wales Consolidated Acts

MARINE POLLUTION ACT 1987 - SECT 25

25 Interpretation

(1) In this Part:
"appropriate person" means:

(a) in relation to a discharge from an apparatus on a ship:

(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, and

(b) in relation to a discharge from a ship:

(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, and

(c) in relation to a discharge from an apparatus on a place on land:

(i) the occupier of the place, or

(ii) the owner of the apparatus, or

(iii) the person in charge of the apparatus, and

(d) in relation to a discharge from a place on land the occupier of the place, and

(e) in relation to a discharge from a purpose built pipeline:

(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.

"liquid substance" does not include oil.
"mixture" includes ballast water, tank washings and other residues.
"occupier":

(a) in relation to a place on land (other than a pipeline) means:

(i) the person exercising personally or by employees or agents the right of occupation of the land, or

(ii) if there is no occupier-the owner of the land, and, in the case of a vehicle, includes the person in charge and the owner of the vehicle, but does not include the occupier or owner of the land on or over which the vehicle stands or moves, and

(b) in relation to a pipeline means:

(i) the owner of the pipeline, and

(ii) the lessee, licensee or user of any lease, licence or right of user for the use of the pipeline for the carriage of oil or of an oily mixture or of a liquid substance or of a mixture containing a liquid substance.

"oil" has the same meaning as it has in Part 2.
"place on land" includes:

(a) any structure or apparatus on or above or below the surface of any land,

(b) any thing or vehicle resting on or moving over land,

(c) any thing resting on or lying under the bed, bank or shore of any State waters,

(d) a pipeline, and

(e) any thing afloat (other than a ship) if it is anchored or attached to the bed, bank or shore of any State waters or is used in any operation for the exploration of the sea-bed or subsoil beneath any State waters or for the exploitation of the natural resources of that sea-bed or subsoil.

"purpose-built pipeline" means a pipeline prescribed for the purposes of this definition.
"transfer operation" means any operation that is involved in the preparation for, or in the commencement, carrying on or termination of, a transfer of oil or of an oily mixture or of a liquid substance or of a mixture containing a liquid substance to or from a ship or a place on land.

(2) Except in so far as the contrary intention appears, an expression that is used in this Part and in Annex I or Annex II to the Convention (whether or not a particular meaning is assigned to it by that Annex) has, in this Part, the same meaning as in that Annex.

(3) For the avoidance of doubt, more than one appropriate person in relation to a discharge may be found guilty of an offence under section 27 or 28.