New South Wales Consolidated Acts

MARINE POLLUTION ACT 1987 - SECT 48

48 Prevention of pollution

(1) Without limiting the generality of sections 46 and 47, where:

(a) a discharge to which this Act applies occurs, or

(b) the Minister is of the opinion that there is a probability of such a discharge occurring,

then, for the purpose of preventing, limiting, dispersing, containing or removing the pollution or likely pollution, the Minister may, by notice in writing signed by a person appointed by it for the purposes of this section, and served on the appropriate person or any other person whose act caused the discharge or probable discharge:

(c) require such action to be taken or prohibit the taking of such action in relation to a ship, its cargo, a place on land, an apparatus, a facility, pipeline, oil, an oily mixture, a liquid substance or a mixture containing a liquid substance, as is specified in the notice,

(d) prohibit the removal of a ship from a place specified in the notice except with, and in accordance with, the approval of the Minister, and

(e) prohibit the removal from a ship of any specified cargo except with, and in accordance with, the approval of the Minister.

(2) The action that the Minister may require to be taken under this section may include:

(a) action to prevent a discharge from occurring (including maintenance, repair, replacement or reconstruction),

(b) the removal of oil or of an oily mixture or of a liquid substance or of a mixture containing a liquid substance from a ship, place on land, an apparatus, a facility or pipeline,

(c) the removal of a ship to a place specified by the Minister,

(d) the termination of any operation or activity,

(e) the reception, removal or transfer of oil or of an oily mixture or of a liquid substance or of a mixture containing a liquid substance as specified in the notice, and

(f) that any facility or apparatus be operated or put in operating condition.

(3) More than one notice may be served under subsection (1) relating to the same discharge or probability of a discharge.

(4) A notice:

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

(b) may, by a further notice served on the appropriate person, be revoked or varied.

(5) In this section:
"appropriate person" means:

(a) in relation to a discharge or the probability of a discharge to which Part 2 or 3 applies-the owner or the master of the ship concerned, or

(b) in relation to a discharge or the probability of a discharge to which Part 4 applies-the person who is or would be an appropriate person within the meaning of that Part in relation to the discharge or probable discharge.

"cargo" includes ballast, the ship’s cargo and fuel.