(1) This section applies when the Minister
reasonably suspects that an activity has been or is being carried on in an
environmentally unsatisfactory manner on any ship or at any place on land or
by any person (otherwise than on a ship or place on land).
(2) The Minister
may, by notice in writing, do either or both of the following--
(b) direct the person carrying on the activity (whether or not
on a ship or place on land),
to take such action, as is specified in the
notice and within such period (if any) as is specified in the notice, to
ensure that the activity is carried on in future in a lawful and
environmentally satisfactory manner.
(3) The action to be taken may (without
limitation) include any of the following--
(a) installing, repairing,
altering, replacing, maintaining or operating control equipment or other
plant,
(b) modifying, or carrying out any work on, plant,
(c) ceasing to use
plant or altering the way plant is used,
(d) ceasing to carry on or not
commencing to carry on an activity,
(e) carrying on an activity in a
particular manner,
(f) carrying on an activity only during particular times,
(g) monitoring, sampling or analysing any pollution or otherwise ascertaining
the nature and extent of pollution or the risk of pollution,
(h) action with
respect to the transportation, collection, reception, re-use, recovery,
recycling, processing, storage or disposal of any waste or other substance,
(i) preparing and carrying out a plan of action to control, prevent or
minimise pollution or waste,
(j) reviewing the carrying out of an activity.
(4) If the person who is given a notice is not the person carrying on the
activity, the notice is taken to require the person to take all available
steps to cause the action to be taken.
(5) A marine pollution prevention
notice may require the person to whom the notice is given to furnish reports
to the Minister regarding progress on carrying out the action required to be
taken by the notice.
