MARINE POLLUTION ACT 2012 - SECT 183 Minister may take action to prevent or clean up marine pollution

MARINE POLLUTION ACT 2012 - SECT 183

183 Minister may take action to prevent or clean up marine pollution

(1) The Minister may take any preventative or clean-up action that the Minister thinks fit, or cause any preventative or clean-up action that the Minister thinks fit to be taken, if the Minister is of the opinion that--

(a) a relevant discharge of a marine pollutant has occurred or is occurring, or

(b) there is a probability of a relevant discharge of a marine pollutant occurring, or

(c) marine pollutants are, or have been carried, on a vessel that has been abandoned, is out-of-commission or derelict.

(2) For this purpose, an inspector, officer, employee or agent of the Minister, using such force as is necessary, may--

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

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

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

(d) do all such things as are necessary for the purpose of causing a marine pollution prevention notice or a marine pollution removal notice to be complied with.

(3) In this section--


"marine pollution prevention notice" has the same meaning as in Part 16.


"marine pollution removal notice" has the same meaning as in Part 16.


"preventative or clean-up action" means action--

(a) to prevent or limit a discharge, or

(b) to disperse or contain any marine pollutant that has been discharged, or

(c) to remove any marine pollutant from waters or land affected by any discharge, or

(d) to minimise the damage from pollution resulting from or likely to result from any discharge, or

(e) to prevent, minimise, remove, disperse or destroy a marine pollutant or prevent, minimise or mitigate pollution that is likely to occur from a vessel that has been abandoned, is out-of-commission or derelict.

"relevant discharge of a marine pollutant" means--

(a) a discharge of oil--

(i) from a ship, or

(ii) from a place on land in, or in connection with, a transfer operation, or

(iii) from any apparatus or purpose-built pipeline used in, or in connection with, a transfer operation, whether or not it is being so used, or

(b) a discharge of a noxious liquid substance--

(i) from a ship, or

(ii) from a place on land in, or in connection with, a transfer operation, or

(iii) from any apparatus or purpose-built pipeline used in, or in connection with, a transfer operation, whether or not it is being so used, or

(c) the jettisoning of a harmful substance in packaged form from a ship, or

(d) a discharge of sewage from a large ship, or

(e) a discharge of garbage from a ship.