South Australian Current Acts

PROTECTION OF MARINE WATERS (PREVENTION OF POLLUTION FROM SHIPS) ACT 1987 - SECT 32A

32A—Recovery of damages

        (1)         If, because of a discharge or disposal 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 another),

the person may recover from the appropriate person, or any person whose act caused the discharge or disposal, the amount of the loss or damage and the expense incurred as a debt in a court of competent jurisdiction.

        (2)         In this section—

"appropriate person" means—

            (a)         in relation to a discharge or disposal to which Part 2, 3, 3AA or 3AAB applies—the owner or the master of the ship concerned; or

            (b)         in relation to a discharge or disposal to which Part 4 applies—the relevant person in relation to the discharge or disposal within the meaning of that Part.