Victorian Consolidated Legislation

Marine Act 1988 - SECT 39

Appropriate authority may issue written notice

39. Appropriate authority may issue written notice



(1) Without limiting or derogating from the provisions of section 38, if a
prohibited discharge occurs or the appropriate authority is satisfied that a
prohibited discharge is likely to occur from any place on land or from any
apparatus used in a transfer operation, the appropriate authority may by
notice in writing addressed to and served on the occupier of the place on land
or the person in charge of the apparatus or the occupier or person in charge
of any place on land used for, or apparatus used in, a transfer operation
require-

   (a)  that any operation or activity in, on, or involving the use of the
        place on land or apparatus concerned be terminated; or

   (b)  that all or a specified part of the oil, oily mixture, liquid
        substance, mixture containing a liquid substance, or undesirable
        substance contained in the place on land or apparatus concerned or any
        part of that place or apparatus be removed; or

   (c)  that the required removal of oil, oily mixture, liquid substance,
        mixture containing a liquid substance, or undesirable substance from
        the place on land or apparatus concerned be carried out in a specified
        manner and to a specified place; or

   (d)  that all or a specified part of the oil, oily mixture, liquid
        substance, mixture containing a liquid substance, or undesirable
        substance in the place on land or apparatus concerned be retained
        there; or





   (e)  that-

   (i)  no oil, oily mixture, liquid substance, mixture containing a liquid
        substance, or undesirable substance; or

   (ii) no further oil, oily mixture, liquid substance, mixture containing a
        liquid substance, or undesirable substance; or

   (iii) no oil, oily mixture, liquid substance, mixture containing a liquid
        substance, or undesirable substance in excess of a specified amount-

be received into the place on land or apparatus concerned; or

   (f)  that any restrictions specified in the notice be complied with in the
        reception, or transfer of oil, oily mixture, liquid substance, mixture
        containing a liquid substance, or undesirable substance into, from or
        within the place on land or apparatus concerned; or

   (g)  that any equipment or machinery in or used with the place on land or
        apparatus concerned be operated or put into operating condition; or

   (h)  that specified repair or reconstruction work be carried out on the
        place on land or apparatus concerned or any part of that place or
        apparatus.

(2) If a notice under subsection (1) is addressed to and served on the
occupier of any place on land and any requirement specified in the notice is
not complied with as soon as possible or (as the case requires) within the
time (if any) specified in the notice, the occupier of that place is guilty of
an indictable offence and liable to a penalty of not more than 500 penalty
units.

(3) If a requirement of a notice under subsection (1) is not complied with as
soon as possible or within the time (if any) specified in the notice, the
appropriate authority may cause the requirement to be complied with and for
that purpose any officer of the authority or any other person authorised by
the authority, acting in accordance with a warrant issued by a magistrate and
using any force that is necessary and without doing unnecessary damage, may
enter any place on land and may-

   (a)  take possession to any extent that is required of any vessel, place on
        land or apparatus used in a transfer operation; and

   (b)  take and retain possession of any substance or thing; and

   (c)  use and operate any machinery or equipment.

(4) The appropriate authority may recover all costs and expenses incurred by
it in or in connection with any exercise of the powers conferred by subsection
(3) from the occupier of the place on land or the person in charge of the
apparatus, as the case requires.

(5) Costs and expenses recoverable under this section may be recovered in the
course of proceedings for an offence under subsection (2) or may be recovered
in any court of competent jurisdiction as a debt due to the appropriate
authority even if no proceedings have been taken in respect of the offence.

(6) A notice under this section may be served on a person-

   (a)  by delivering the notice to the person personally; or



   (b)  by leaving the notice at the place on land or apparatus referred to in
        the notice with a person who is apparently not less than 18 years of
        age and who apparently has at that time the control or management of
        the land or apparatus.



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