New South Wales Consolidated Acts

MARINE POLLUTION ACT 1987 - SECT 52A

52A Detention of ships believed to have discharged oil or noxious substances

(1) A ship in State waters may be detained by a person authorised by the Minister if the Minister has reasonable cause to believe:

(a) that a discharge to which this Act applies has occurred from the ship, and

(b) that, if the Minister were to establish that the discharge had occurred from the ship, the Minister could take proceedings to recover the costs and expenses incurred by it in taking action in relation to that discharge under section 46, 47 or 50, and

(c) that the ship will depart from State waters before the completion of the Minister’s investigation into the source of the discharge.

(2) A ship that has been detained must be immediately released:

(a) if security is provided in accordance with section 52B, or

(b) if proceedings are instituted in relation to the discharge and are discontinued, or

(c) if proceedings are instituted in relation to the discharge and are concluded, whether or not an appeal is pending, without any person being convicted or costs or expenses being awarded against any person, or

(d) if proceedings in relation to the discharge are concluded and all costs and expenses ordered to be paid and all penalties imposed have been paid, or

(e) if the Minister has sought to recover costs and expenses incurred by it as a debt due and the amount has been paid, or

(f) if the Minister forms the belief that the discharge did not occur from the ship, or

(g) if the Minister determines for any other reason that the ship should be released.

(3) Security may be required to be provided for the payment of:

(a) any amount that might, in the opinion of the Minister, be recoverable by the Minister under section 46, 47 or 50 from the owner or master of the ship in relation to the discharge, and

(b) the maximum amount of penalties that can be imposed under this Act against the owner or master in relation to the discharge.