New South Wales Consolidated Acts

MARINE POLLUTION ACT 1987 - SECT 46

46 Recovery of costs and expenses with respect to pollution by oil

(1) Where a discharge of oil or of an oily mixture occurs into State waters from a ship or a discharge of oil or of an oily mixture to which Part 4 applies occurs, or the Minister is of the opinion that there is a probability of such a discharge occurring, the Minister may take or cause to be taken such action as the Minister thinks fit:

(a) to prevent or limit the discharge,

(b) to disperse or contain any oil or oily mixture that has been discharged,

(c) to remove any oil or oily mixture from waters or land affected by any discharge, or

(d) to minimise the damage from pollution resulting from or likely to result from any discharge.

(2) The Minister may recover all costs and expenses incurred by it in respect of action taken by or on behalf of it under subsection (1) from:

(a) the owner or the master of the ship from which the discharge occurred or there was a probability of a discharge occurring, or

(b) the person who is or would be an appropriate person within the meaning of Part 4 in relation to the discharge or probable discharge,

or any other person whose act caused the discharge or the probability of a discharge.

(3) The costs and expenses referred to in subsection (2) may:

(a) be awarded in the course of proceedings for an offence in respect of a discharge, whether or not the owner, master or person is convicted of an offence, or

(b) be recovered as a debt due in a court of competent jurisdiction, notwithstanding that proceedings have not been taken for an offence in respect of the discharge.

(4) Except as provided by section 52 or section 52A, nothing in this Act affects or qualifies any rights of the Minister or of any other person to recover damages in respect of the consequences of any discharge from a ship or otherwise.