New South Wales Consolidated Acts

MARINE POLLUTION ACT 1987 - SECT 47

47 Recovery of costs and expenses with respect to pollution by noxious liquid substances

(1) Where a discharge of a liquid substance, or of a mixture containing a liquid substance, being a substance or mixture carried as cargo or part cargo in bulk occurs into State waters from a ship, or a discharge of a liquid substance or of a mixture containing a liquid substance 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 it thinks fit:

(a) to prevent or limit the discharge,

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

(c) to remove any liquid substance or mixture containing a liquid substance 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 the 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) Subsection (1) does not apply to a discharge of a kind or in circumstances referred to in subsections (4) to (12) inclusive of section 18.

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

(a) be awarded in the course of proceedings for an offence in respect of the 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.

(5) 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.