New South Wales Consolidated Acts

MARINE POLLUTION ACT 2012 - SECT 202A

202A Preventative action for abandoned, out-of-commission or derelict vessels

(1) This section applies if the Minister is of the opinion that--

(a) a vessel has been abandoned, is out-of-commission or derelict, and

(b) marine pollutants are, or have been, carried on the vessel.

(2) The Minister may, by written notice given to the owner of the vessel, direct the owner to do any of the following--

(a) the action specified in the notice, within the period specified in the notice,

(b) take action to prevent, minimise, remove, disperse or destroy a marine pollutant or prevent, minimise or mitigate pollution that is likely to occur,

(c) take action to ascertain the nature and extent of the possible pollution,

(d) prepare and carry out a remedial course of action.

(3) The marine pollution removal notice may require the person given the notice to give reports to the Minister regarding progress on the carrying out of the action required by subsection (2).

(4) If the person given a marine pollution removal notice complies with the notice but was not the owner of the vessel, the cost of complying with the notice may be recovered by the person as a debt in a court of competent jurisdiction from the owner of the vessel.

(5) A person given a marine pollution removal notice who, without reasonable excuse, does not comply with the notice is guilty of an offence.

: Maximum penalty--

(a) for a corporation--$1,000,000 and, for a continuing offence, a further penalty of $120,000 for each day the offence continues, or

(b) for an individual--$250,000 and, for a continuing offence, a further penalty of $60,000 for each day the offence continues.

(6) In this section--

"certificate of registry" includes an Australian or foreign vessel registered on the Australian and International Shipping Registers.

Editor's note : The Australian Maritime Safety Authority keeps a list of registered ships. The list is available on the website of the Australian Maritime Safety Authority (www.amsa.gov.au).

"marine safety licence" has the same meaning as in the Marine Safety Act 1998 .

"National licence" has the same meaning as in the Marine Safety Act 1998 .

"owner" , in relation to an abandoned, derelict or out-of-commission vessel--

(a) has the same meaning as
"relevant owner" in the Marine Safety Act 1998 , and

(b) if there is no current National licence or other certificate of registry for the vessel--extends to the last person registered as the vessel's owner in the National licence or other certificate of registry for the vessel.