New South Wales Consolidated Acts

MARINE POLLUTION ACT 1987 - SECT 51

51 Recovery of damages

(1) If, because of a discharge prohibited by this Act, a person (including the Minister):

(a) suffers loss of or damage to property, or

(b) incurs costs or expenses in preventing or mitigating or in attempting to prevent or mitigate any loss of or damage to property (including the property of another),

the person may recover from an appropriate person, or any person whose act caused the discharge, the amount of the loss or damage and the expense incurred as a debt in a court of competent jurisdiction.

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

(a) in relation to 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 to which Part 4 applies-an appropriate person in relation to the discharge within the meaning of that Part.