Tasmanian Consolidated Acts

POLLUTION OF WATERS BY OIL AND NOXIOUS SUBSTANCES ACT 1987 - SECT 35

      (1) There is constituted by this Act a committee to be known as the State Marine Pollution Committee.

      (2) Subject to subsection (2A), the Committee shall consist of–

(a) the Director;

(b) the person holding the position of State Oil Pollution Control Officer in the Department, or a deputy nominated by the Secretary of the Department;

(c) a representative of each of the following bodies:

(i) the responsible Department in relation to the Emergency Management Act 2006;

(ii) the responsible Department in relation to the Living Marine Resources Management Act 1995;

(iii) the responsible Department in relation to the Transport Act 1981;

(iv) the responsible Department in relation to the Police Service Act 2003;

(v) the Local Government Association of Tasmania;

(vi) the Australian Marine Oil Spill Centre Proprietary Limited;

(vii) the Australian Maritime Safety Authority;

(viii) the Tasmanian Ports Association;

(ix) the Marine and Safety Authority;

(x) the responsible Department in relation to the Nature Conservation Act 2002.

      (2A) If the chairman of the Committee considers that the circumstances of an incident warrant it, he or she may direct that, for the purpose of responding to that incident –

(a) the person referred to in subsection (2)(b) is to be excluded from the Committee; or

(b) a particular representative of a body referred to in subsection (2)(c) is to be excluded from the Committee; or

(c) a particular body referred to in subsection (2)(c) is to be excluded from the Committee; or

(d) more than one representative of any body referred to in subsection (2)(c) is to be included in the Committee; or

(e) one or more representatives of a body not referred to in subsection (2)(c) are to be included in the Committee.

      (3) If a body referred to in subsection (2) changes its name to another name or ceases to exist under the name referred to in the appropriate paragraph of that subsection, the Governor may, by order, amend that paragraph –

(a) by substituting for the name of that body that other name; or

(b) by substituting for the name of that body the name of some other body which he considers to be appropriate, if that first-mentioned body was a department or, in any other case, which he is satisfied represents substantially the same interests as those represented by the first-mentioned body.

      (4) The Director shall be the chairman of the Committee.

      (5) The Committee shall –

(a) inform and advise the Government on marine pollution caused by discharges from ships;

(b) prepare and update from time to time a plan to combat incidents of marine pollution caused by discharges from ships;

(c) when a meeting of the Committee is convened by the Director pursuant to section 37, perform the functions imposed on it by that section; and

(d) make recommendations on the training and equipment necessary to combat such discharges.