Queensland Consolidated Acts

TRANSPORT OPERATIONS (MARINE POLLUTION) ACT 1995 - SECT 132F

132F Recovery of damages

(1) This section applies if, because of a discharge prohibited by this Act, a person—

(a) suffers loss of, or damage to, property; or

(b) incurs costs or expenses in preventing or mitigating or in attempting to prevent or mitigate any loss of, or damage to, property, including the property of someone else.

(2) The person may recover the following amounts as a debt owing to the person—

(a) the amount of the loss or damage mentioned in subsection (1) (a) ;

(b) the amount of the costs or expenses, reasonably incurred, mentioned in subsection (1) (b) .

(3) The following persons are jointly and severally liable for the amounts mentioned in subsection (2) —

(a) any person whose act or omission caused the discharge;

(b) if the discharge is from a ship—

(i) the owner of the ship;

(ii) the master of the ship.

(4) However, subsection (3) does not apply to a member of a ship’s crew whose act or omission caused the discharge if—

(a) the member was complying with an instruction from the master or of someone authorised by the master to give the instruction; or

(b) the member was acting under the direct supervision of the master or of someone authorised by the master for the purpose.

(5) For subsection (1) —

(a) a reference to a discharge prohibited by this Act is a reference to a discharge that constitutes a discharge offence in the absence of a lawful defence or excuse; and

(b) it is immaterial—

(i) whether or not there would be a lawful defence or excuse to a charge for a discharge offence; and

(ii) whether or not a person mentioned in subsection (3) is prosecuted for a discharge offence.