Victorian Consolidated Legislation

Marine Act 1988 - SECT 38

Removal of pollution

38. Removal of pollution



(1) If a prohibited discharge occurs, or is likely to occur, the appropriate
authority or any public statutory body may-

   (a)  do anything necessary to prevent the discharge from occurring;

   (b)  do anything necessary to mitigate the effect the discharge has, or
        will have, on the marine environment, any marine habitat (including
        any habitat used for aquaculture) or any marine or other wildlife;

   (c)  remove, disperse, destroy or mitigate the discharge or any thing
        polluted by the discharge;

   (d)  reinstate or restore any land, building, structure or vessel that has
        been damaged by the discharge.

(2) The powers conferred by subsection (1) on a public statutory body that is
a municipality are limited to the area within the boundaries of the municipal
district of the municipality and the area immediately adjacent to that area
but any other public statutory body and any appropriate authority may exercise
those powers either within or outside the land or waters under its control.

(3) Any appropriate authority or public statutory body may recover all costs
and expenses incurred by it in or in connection with any exercise of the
powers conferred by subsection (1)-

   (a)  if the discharge occurs from any place on land, from the occupier of
        that place; or

   (b)  if the discharge occurs from any vessel, from the owner of that
        vessel; or

   (c)  if the discharge occurs from any apparatus used in a transfer
        operation, from the person in charge of the apparatus.

(4) The Minister may reimburse a public statutory body for the costs and
expenses incurred by it in or in connection with any exercise of the powers
conferred by subsection (1) if the Minister is satisfied that the action taken
by the public statutory body was reasonable or if the action was taken with
the approval of, or at the request of, the Director or the Minister.







(5) If the Minister reimburses a public statutory body under subsection (4),
the Minister may recover the costs and expenses in accordance with subsection
(3) as if those costs and expenses had been incurred by the Minister in or in
connection with an exercise of the powers conferred by subsection (1).

(6) Costs and expenses recoverable under this section may be recovered in the
course of criminal proceedings in respect of the discharge or may be recovered
in any court of competent jurisdiction as a debt due to the authority or body
even if no proceedings have been taken in respect of the discharge.

(7) Despite anything to the contrary in this section, if a person is convicted
of an offence under section 36(3), the appropriate authority or public
statutory body or the Minister (as the case requires) may, if it, he or she
thinks fit, recover the costs and expenses as provided in this section from
the person so convicted instead of from the person from whom they might
otherwise have been recoverable under this section.

(8) Proceedings under this section are in addition to and not in derogation of
any proceedings which may be taken apart from this section.

(9) In this section prohibited discharge means prohibited discharge within the
meaning of section 34 and includes-

   (a)  a discharge of a liquid substance or any mixture containing a liquid
        substance within the meaning of section 14 of the Pollution of Waters
        by Oil and Noxious Substances Act 1986; and

   (b)  a discharge or disposal of any other substance, the discharge or
        disposal of which is prohibited by that Act.