South Australian Current Acts South Australian Current Acts28—Removal and prevention of pollution
(1) Where there has
been or the Minister is of the opinion that there is likely to be—
(a) a
discharge of oil or of an oily mixture from a ship, vehicle or apparatus into
State waters; or
(b) a
discharge of a liquid substance, or a mixture containing a liquid substance,
being a liquid substance or mixture carried as cargo or part cargo in bulk,
from a ship into State waters; or
(ba) a
discharge of a harmful substance carried as cargo in packaged form, from a
ship into State waters; or
(bb) a
disposal of garbage (whether intentional or not) from a ship into
State waters,
(being called, for the purposes of this section, "substances") the Minister
may take or cause to be taken such action as the Minister thinks fit—
(c) to
prevent or limit the discharge or disposal;
(d) to
disperse or contain the substances that have been discharged or disposed of;
(e) to
remove substances that have been discharged or disposed of from waters or land
affected by the discharge or disposal;
(f) to
minimise the damage from pollution resulting from or likely to result from the
discharge or disposal.
(2) The Minister may,
in taking action under subsection (1), by notice in writing addressed to
a relevant person, direct—
(a) that
any operation or activity involving the use of a ship, vehicle or apparatus
cease;
(b) that
a ship, vehicle or apparatus be removed in a specified manner to a specified
place;
(c) that
a ship, vehicle or apparatus may not be removed except with the approval of
the Minister and in accordance with his or her directions;
(d) that
all or a specified part of a substance contained in a ship, vehicle or
apparatus be removed in a specified manner to a specified place;
(e) that
a substance contained in a ship, vehicle or apparatus may not be removed
except with the approval of the Minister and in accordance with his or her
directions;
(f) that
no substance, no further substance or no substance in excess of a specified
amount be received into a ship, vehicle or apparatus;
(g) that
any restrictions specified in the notice be complied with in the reception,
removal or transfer of a substance into, from or within a ship, vehicle or
apparatus;
(h) that
any equipment or machinery ancillary to a ship, vehicle or apparatus be used
or put into operating condition;
(i)
that specified repair or construction work be carried out
on a ship, vehicle or apparatus;
(j) that
such other specified action be taken in relation to a ship, vehicle or
apparatus, or anything contained in a ship, vehicle or apparatus, as the
Minister thinks fit.
(3) A person to whom a
notice under subsection (2) is addressed shall not, without reasonable
excuse, fail to comply with the notice.
Maximum penalty: $200 000.
(4) The Minister may,
by further notice in writing, vary or revoke a notice given under
subsection (2).
(5) If the
requirements of a notice given under this section are not complied with, the
Minister may cause the requirements to be carried out and where reasonably
necessary for that purpose any person authorised by the Minister may enter and
take possession of any ship, vehicle or premises (using such force as is
necessary for the purpose) and do, or cause to be done, such things as full
and proper compliance with the notice may require.
(6) No civil liability
attaches to the Minister for any act or failure to act under this section.