New South Wales Consolidated Acts

MARINE POLLUTION ACT 1987 - SECT 50

50 Non-compliance with notice

(1) A person shall not fail to comply with a requirement made by a notice served on the person under section 48.

Penalty: 2 000 penalty units.

(2) A person shall not wilfully obstruct a person who is:

(a) acting on behalf of the Minister in connection with the service of a notice under section 48, or

(b) acting in compliance with a notice under section 48.

Penalty: 2 000 penalty units.

(3) This section does not apply to a person who fails to comply with a requirement or obstructs a person:

(a) for the purpose of securing the safety of a ship or saving life at sea, or

(b) with the approval of a prescribed officer, for the purpose of combating specific pollution incidents in order to minimise the damage from pollution.

(4) If any requirement made by a notice under section 48 is not complied with, the Minister may cause the requirement to be complied with and for that purpose an inspector or other officer, employee or agent of the Minister or any other person authorised by the Minister for the purposes of this section, using such force as is necessary, may:

(a) enter, take and retain possession of any ship, place, apparatus, facility or pipeline,

(b) take and retain possession of any substance or thing,

(c) use and operate any apparatus or machinery, and

(d) do all such things as are necessary for that purpose.