TRANSPORT OPERATIONS (MARINE POLLUTION) ACT 1995 - SECT 117E Effect of order

TRANSPORT OPERATIONS (MARINE POLLUTION) ACT 1995 - SECT 117E

117E Effect of order

(1) An enforcement order or an interim enforcement order may direct a person (the
"respondent" ) to do 1 or more of the following—

(a) to stop an activity that constitutes, or will constitute, a notice offence or a contravention of an intervention direction or division 3 undertaking;

(b) not to start an activity that will constitute a notice offence or a contravention of an intervention direction or division 3 undertaking;

(c) to do anything required to stop committing a notice offence, or a contravention of an intervention direction or division 3 undertaking, including, for example, requiring the repair, demolition or removal of a ship or a part of a ship.

(2) If an enforcement order or an interim enforcement order is made as mentioned in subsection (1) , the District Court may do either or both of the following—

(a) direct the respondent to give a security bond to the State for a stated period for a matter mentioned in the enforcement order or interim enforcement order;

(b) make another order the court considers appropriate.

(3) An enforcement order or interim enforcement order—

(a) may be in terms the District Court considers appropriate to secure compliance with this Act; and

(b) must state the time by which the order is to be complied with.

(4) A person who contravenes an enforcement order or interim enforcement order commits an offence against this Act.

Penalty—

Maximum penalty—1,000 penalty units or 1 year’s imprisonment.

(5) The District Court may order the forfeiture to the State of all or part of the security bond given by the respondent under subsection (2) (a) if—

(a) a prescribed applicant applies to the court for an order for the forfeiture of all or part of the security bond; and

(b) the court is satisfied that the respondent contravened the enforcement order or interim enforcement order during the period for which the security bond was given, whether or not the respondent has been prosecuted for an offence against subsection (4) .