Victorian Consolidated Legislation

Marine Act 1988 - SECT 45

Power of Minister with respect to prohibited discharges

45. Power of Minister with respect to prohibited discharges



(1) If a prohibited discharge is occurring from a vessel, or the Minister is
satisfied that a prohibited discharge is likely to occur from a vessel, the
Minister may, for the purpose of preventing or reducing the extent of
pollution or likely pollution of State waters, by notice in writing addressed
to the owner of the vessel and served in accordance with this section do all
or any of the following-

   (a)  require any action to be taken in relation to the vessel or its cargo
        (including ballast, stores and fuel), or the vessel and its cargo,
        that is specified in the notice, by the time specified in the notice
        and such action may include-

   (i)  action to prevent a prohibited discharge occurring from the vessel;
        and

   (ii) the removal of oil, an oily mixture, a liquid substance or a mixture
        containing a liquid substance, or an undesirable substance from the
        vessel, or a specified part of the vessel, in any manner that may be
        specified; and

   (iii) the removal of the vessel to a specified place;

   (b)  prohibit the removal of the vessel from a place specified in the
        notice except with, and in accordance with, the approval of the
        Minister; or

   (c)  prohibit the removal from the vessel of any cargo (including ballast,
        stores and fuel) specified in the notice except with, and in
        accordance with, the approval of the Minister.

(2) More than one notice may be served in respect of a vessel under subsection
(1) and a subsequent notice may revoke or vary an earlier notice and, if an
earlier notice is varied, it has effect as varied from the time when the other
notice is served.

(3) Service of a notice under subsection (1) in respect of a vessel must be
effected-

   (a)  by serving it personally on the owner of the vessel or, if the owner
        is a company, on a director, secretary or other officer of the
        company; or

   (b)  by serving it personally on the agent of the vessel or, if the agent
        is a company, on a director, secretary or other officer of the
        company; or

   (c)  by serving it personally on the operator of the vessel or, if for any
        reason (including the absence of the operator from the vessel) it is
        not practicable to serve the notice on the operator, by handing it to
        any person on board the vessel who appears to be an officer of the
        vessel.





(4) If service cannot be effected on any person under subsection (3), the
notice must be taken to be properly served if its contents are transmitted to
the operator or person in command of the vessel by any manner in which receipt
of the contents is acknowledged by any person on board the vessel to have been
received and understood.

(5) A statement in writing purporting to be made and signed by a person
employed as a communications officer whose duties include the transmission of
messages to vessels at sea that he or she caused the contents of a notice
under subsection (1) to be transmitted to a vessel at sea and received an
acknowledgment of the message from some person purporting to be on board the
vessel is evidence, until the contrary is proved, of service of the contents
of the notice on the operator of the vessel.

(6) In this section, prohibited discharge has the same meaning as in section
38.