New South Wales Consolidated Acts

MARINE POLLUTION ACT 1987 - SECT 45

45 Reception facilities

(1) The Minister may provide, join with any other person (including the Crown) in providing, arrange for the provision of, or direct the provision of, reception facilities in accordance with Regulation 12 of Annex I and Regulation 7 of Annex II to the Convention.

(2) Regulations may be made fixing charges and imposing conditions for the use of such facilities.

(3) The Minister may serve on:

(a) the owner or the occupier of an oil terminal, oil depot, oil installation or other establishment used for the loading or unloading of oil in bulk or liquid substances in bulk, or

(b) the owner or the occupier of any establishment at which ships are repaired or other work is performed relating to ships and involving the disposal of oily mixtures, mixtures containing liquid substances or oil residues or residues of liquid substances,

a notice containing a requirement set out in subsection (4).

(4) A notice may require an owner or occupier to:

(a) provide facilities of a standard satisfactory to the Minister for the reception or disposal, or both, of residues by ships berthed, docked or otherwise being at the establishment,

(b) maintain the facilities in good order and condition, and

(c) make the facilities available to enable ships to dispose of the residues.

(5) A notice:

(a) may specify a time within which a requirement is to be complied with,

(c) may be revoked or varied by a further notice.

(6) An owner or occupier shall not fail to comply with a requirement made by a notice.

Penalty: 1 000 penalty units.

(7) A notice may be served:

(a) in any manner in which a summons for an offence against this Act may be served, or

(b) by delivering it to the owner or the occupier or the person appearing to be in charge of the oil terminal, oil depot, oil installation or establishment.