Victorian Consolidated Legislation

Marine Act 1988 - SECT 34

PART 5 POLLUTION

Definitions etc.

34. Definitions etc.



(1) In this Part-

agent, in relation to a vessel, means any person who performs for or on behalf
of the owner of the vessel any function or duty under or for the purposes of
this Act and includes any person who, within the State, on behalf of the owner
of the vessel, undertakes or performs the functions of ships' husbandry or
makes any arrangements for or in connection with the repair or berthing of the
vessel or the carriage, loading or unloading of cargo, stores or bunkers on
the vessel or from the vessel;

appropriate authority means the Director;





discharge means any discharge or escape, howsoever caused;

occupier-

   (a)  in relation to a place on land, means the person exercising personally
        or through servants or agents, any right of occupation of the land or,
        if there is no such person, the owner of the land; and

   (b)  in relation to a vehicle, includes the person in charge of the vehicle
        and the owner of the vehicle but does not include the occupier of the
        land on or over which the vehicle stands or moves; and

   (c)  in relation to a pipeline, means the person who undertakes the
        carriage of oil or an oily mixture by means of the pipeline;

oil and oily mixture have the same meanings as in Division 1 of Part 2 of the
Pollution of Waters by Oil and Noxious Substances Act 1986;

oil residues means those parts of an oily mixture that remain after undergoing
a separation process;

place on land includes-

   (a)  any structure or apparatus on land; and

   (b)  anything or vehicle resting on or moving over land; and

   (c)  anything resting on or lying under the bed, shore or bank of any
        navigable waters; and

   (d)  anything afloat (other than a vessel) if it is anchored or attached to
        the bed, shore or bank of any navigable waters or is used in any
        operation for the exploration of the sea-bed and sub-soil or the
        exploitation of the natural resources of the sea-bed and sub-soil;

prohibited discharge means a discharge into State waters of-

   (a)  oil; or

   (b)  an oily mixture; or

   (c)  an undesirable substance;



public statutory body includes any Minister of the Crown and any municipality;

tanker means a vessel constructed or adapted for carrying a cargo of oil in
bulk;

transfer operation means any operation involved in the preparation for, or the
commencement, carrying on or termination of, the transfer of oil or an oily
mixture or a liquid substance or a mixture containing a liquid substance from
or to any vessel, whether to or from a place on land or to or from another
vessel;

undesirable substance means-

   (a)  any solid ballast, rubbish, gravel, earth, stone or wreck; or

   (b)  any dangerous, flammable, corrosive or offensive substance, whether
        solid, liquid or gaseous; or

   (c)  any article or thing or any substance (whether solid, liquid or
        gaseous) which is capable of constituting a hazard to navigation or of
        preventing or hindering the proper use of State waters- but does not
        include oil or an oily mixture.

(2) A discharge of oil or an oily mixture onto or into any land, water,
structure or thing is, if the whole or any part of the oil or oily mixture
eventually enters State waters, to be taken for all purposes under this Part
to be a discharge into State waters of the oil or oily mixture or of so much
of it as enters State waters.