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MARINE POLLUTION ACT 2012 - SECT 190 Definitions

MARINE POLLUTION ACT 2012 - SECT 190

Definitions

190 Definitions

In this Part--


"clean-up action" , in relation to a marine pollution incident, includes--

(a) action to prevent, minimise, remove, disperse, destroy or mitigate any pollution resulting or likely to result from the incident, and
(b) ascertaining the nature and extent of the pollution incident and of the actual or likely resulting pollution, and
(c) preparing and carrying out a remedial plan of action.

"marine environment protection notice" --see section 191.


"marine pollution clean-up notice" means a notice under Division 2.


"marine pollution compliance cost notice" means a notice under Division 6.


"marine pollution incident" means--
(a) the discharge of oil into State waters--
(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) the discharge of a noxious liquid substance into State waters--
(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 into State waters, or
(d) the discharge of sewage from a ship into State waters, or
(e) the discharge of garbage from a ship into State waters.

"marine pollution prevention notice" means a notice under Division 3.


"marine pollution prohibition notice" means a notice under Division 4.


"marine pollution removal notice" means a notice under Division 4A.


"public authority" means a public or local authority constituted by or under an Act, and includes--
(a) a government department, and
(b) a local council, and
(c) a member of staff or other person who exercises functions on behalf of a public authority.

"responsible person" means--
(a) in the case of a discharge or probable discharge of a marine pollutant from a ship--
(i) the owner or master of the ship concerned, or
(ii) any other person whose act caused the discharge or probable discharge, or
(b) in the case of a discharge or probable discharge of oil or a noxious liquid substance from an apparatus on a ship in, or in connection with, a transfer operation--
(i) the owner of the ship, or
(ii) the master of the ship, or
(iii) the owner of the apparatus, or
(iv) the person in charge of the apparatus, or
(v) any other person whose act caused the discharge or probable discharge, or
(c) in the case of a discharge or probable discharge of oil or a noxious liquid substance from a ship in, or in connection with, a transfer operation--
(i) the owner of the ship, or
(ii) the master of the ship, or
(iii) the person in charge of the transfer operation of the ship, or
(iv) any other person whose act caused the discharge or probable discharge, or
(d) in the case of a discharge or probable discharge of oil or a noxious liquid substance from an apparatus on a place on land in, or in connection with, a transfer operation--
(i) the occupier of the land, or
(ii) the owner of the apparatus, or
(iii) the person in charge of the apparatus, or
(iv) any other person whose act caused the discharge or probable discharge, or
(e) in the case of a discharge or probable discharge of oil or a noxious liquid substance from a place on land in, or in connection with, a transfer operation--
(i) the occupier of the land, or
(ii) any other person whose act caused the discharge or probable discharge, or
(f) in the case of a discharge or probable discharge of oil or a noxious liquid substance from a purpose-built pipeline in, or in connection with, a transfer operation--
(i) the occupier of the land on which the pipeline is situated, or
(ii) the person in charge of the pipeline, or
(iii) the owner of the pipeline, or
(iv) any other person whose act caused the discharge or probable discharge.