New South Wales Consolidated Acts

MARINE POLLUTION ACT 1987 - SECT 53

53 Powers of inspectors etc

(1) For the purposes of ascertaining:

(a) whether a provision of this Act that is applicable in relation to a ship has been complied with in respect of the ship, or

(b) whether there is a probability of or has been a discharge into State waters in contravention of this Act,

an inspector, or other person authorised by the Minister for the purposes of this section, may:

(c) go on board the ship with such assistants and equipment as the inspector or person considers necessary,

(d) require the master of the ship to take such steps as the inspector or person directs to facilitate the boarding,

(e) inspect and test any machinery or equipment of the ship,

(f) require the master of the ship to take such steps as the inspector or person directs to facilitate the inspection or testing of any machinery or equipment of the ship,

(g) open, or require the master of the ship to cause to be opened, any hold, bunker, tank, compartment or receptacle in or on board the ship and inspect the contents of any hold, bunker, tank, compartment or receptacle in or on board the ship,

(h) require the master of the ship to produce a record book required by this Act or the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 of the Commonwealth to be carried in the ship or any other books, documents or records relating to the ship or its cargo that are carried in the ship,

(i) make copies of, or take extracts from, any such books, documents or records,

(j) require the master of the ship or other person to certify that a true copy of an entry in a record book required by this Act to be carried in the ship or kept by the person made by the inspector or authorised person is a true copy of such an entry,

(k) examine, and take samples of, any substances being in, on, or in the vicinity of, a ship, purpose-built pipeline or place on land in respect of which an investigation of a discharge or suspected discharge in breach of a provision of this Act is being made,

(l) require the master of the ship or the owner or occupier of the pipeline or place, or any person representing the master, owner or occupier, to certify the taking of the samples,

(m) require the testing of any apparatus in or on the ship, pipeline or place, the condition or efficiency of which is, in the opinion of the inspector or person, relevant to the probability of a discharge, a discharge or a suspected discharge into State waters in breach of a provision of this Act, and

(n) require a person to answer questions.

(2) For the purposes of investigating the probability of a discharge, a discharge or a suspected discharge into State waters in contravention of a provision of this Act, an inspector or other person authorised by the Minister for the purposes of this section, may enter and inspect any place on land.

(3) A person shall not:

(a) without reasonable excuse, hinder or obstruct or refuse or fail to comply with a requirement made of the person by an inspector or person in the exercise of powers under subsection (1) or (2), or

(b) in answer to a question that the person is required to answer under subsection (1), make a statement that is false or misleading in a material particular.

Penalty: 200 penalty units.

(4) An inspector or person shall not, in exercising powers under subsection (1), unnecessarily delay a ship from beginning a voyage.