Victorian Consolidated Legislation

Marine Act 1988 - SECT 47

Prevention of pollution caused by escape of oil

47. Prevention of pollution caused by escape of oil



(1) In this section-

adjusted net tonnage, in relation to a tanker, means the number of tons that
would be the net tonnage of the tanker if, in ascertaining that tonnage by
reference to the gross tonnage of the tanker in accordance with the normal
rules for measuring the tonnage of tankers, no deduction were made from the
gross tonnage of the tanker in respect of engine-room space;

incident means an occurrence or a series of occurrences having the same
origin;

oil includes an oily mixture, a liquid substance or a mixture containing a
liquid substance;

owner, in relation to a tanker from which oil has escaped, means the owner of
the tanker at the time the incident that caused the escape occurred or, if the
incident consisted of a series of occurrences having the same origin, at the
time of the first of the occurrences;



third party, in relation to a tanker, means any person other than-

   (a)  the owner of the tanker; or

   (b)  a servant or agent of the owner of the tanker; or

   (c)  the operator, an officer or other member of the crew of the tanker or
        of any other tanker also owned by the owner of the tanker;

tonnage factor, in relation to a tanker, means a number equal to the number of
tons included in the adjusted net tonnage of the tanker or, if the tanker
cannot be measured in accordance with the normal rules for measuring the
tonnage of tankers, a number equal to 40% of the number of tons of oil that
the tanker is capable of carrying in bulk as cargo and, for the purpose of
this definition, one ton of oil is to be taken to occupy 40 cubic feet of
space.

(2) If oil escapes from a tanker, the Minister may, whether or not a notice
has been served in respect of the tanker under section 45(1) and whether or
not any notice so served has been complied with, cause such things to be done
as the Minister thinks proper to prevent, or reduce the extent of, the
pollution of State waters or any part of the Victorian coast or to remove or
reduce the effects of that pollution.

(3) If oil escapes from a tanker the owner of the tanker is liable to pay-

   (a)  the amount of any expense or other liability incurred by the Minister
        in, or by reason of, the exercise of his or her powers under
        subsection (2) in relation to the oil; and

   (b)  the amount of any damage to the environment or a State resource caused
        by contamination resulting from the escape of the oil; and

   (c)  the amount of any loss or damage suffered by any person caused by
        contamination resulting from the escape of the oil-

but, if the oil escaped without the fault or privity of the owner, the owner
is liable only to the extent that the total of those amounts does not exceed
the maximum liability applicable to the tanker under subsection (6) in
relation to that incident.

(4) The amount of any liability under paragraph (a) or (b) of subsection (3)-

   (a)  is a debt due to the Crown by, and may be recovered from, the owner of
        the tanker; and

   (b)  is a charge on the tanker-

and the tanker may be detained by a person authorised by the Minister until
the amount is paid or security for its payment is provided to the satisfaction
of the Minister.

(5) Subsection (3) does not apply in relation to a tanker or the owner of a
tanker if the owner of the tanker proves that the escape of the oil-

   (a)  resulted from an act of war, hostilities, civil war, insurrection, or
        a natural phenomenon of an exceptional, inevitable, and irresistible
        character; or

   (b)  was wholly caused by an act or omission done by a third party with
        intent to cause damage; or





   (c)  was wholly caused by the negligence or other wrongful act of any
        government or other authority responsible for the maintenance of
        lights or other navigational aids in the exercise of its functions in
        relation to those lights or aids.

(6) For the purposes of subsection (3) the maximum liability applicable to a
tanker in relation to an incident that resulted in the escape of oil from a
tanker without the fault or privity of the owner is-

   (a)  an amount calculated by multiplying the amount of $220 by the tonnage
        factor applicable to the tanker; or

   (b)  the amount of $23 240 000-



whichever amount is the less.

(7) If oil has escaped from two or more tankers without the actual fault or
privity of each owner and it is not reasonably practicable to identify the oil
that has escaped from a particular tanker, all the oil that has escaped from
those tankers is, for the purposes of this section, to be taken to have
escaped from each of those tankers, but the Crown is not, by virtue of this
subsection, entitled to recover from the owners of those tankers amounts that
in the aggregate exceed the total amount of the expenses and liabilities
incurred by the Minister in the exercise of his or her powers under subsection
(2) in relation to the oil.