Victorian Current Acts

POLLUTION OF WATERS BY OIL AND NOXIOUS SUBSTANCES ACT 1986 - SECT 23H

    (1)     In this Division—

"agent", in relation to a ship, means any person who performs for or on behalf of the owner of the ship any function or duty under or for the purposes of this Act and includes any person who, within the State, on behalf of the owner of the ship, undertakes or performs the functions of ships' husbandry or makes any arrangements for or in connection with the repair or berthing of the ship or the carriage, loading or unloading of cargo, stores or bunkers on the ship or from the ship;

"discharge" means any discharge or escape, howsoever caused;

liquid substance and mixture have the same meanings as in Division 2;

"occupier"—

        (a)     in relation to a place on land, means the person exercising personally or through servants or agents, any right of occupation of the land or, if there is no such person, the owner of the land; and

        (b)     in relation to a vehicle, includes the person in charge of the vehicle and the owner of the vehicle but does not include the occupier of the land on or over which the vehicle stands or moves; and

        (c)     in relation to a pipeline, means the person who undertakes the carriage of oil or an oily mixture by means of the pipeline;

S. 23H(1)
def. of oil amended by No. 74/2000 s. 3(Sch. 1 item 100.2).

oil and oily mixture have the same meanings as in Annex I to the Convention;

"oil tanker" means a ship constructed or adapted for carrying a cargo of oil in bulk;

"oil residues" means those parts of an oily mixture that remain after undergoing a separation process;

place on land includes—

        (a)     any structure or apparatus on land; and

        (b)     any thing or vehicle resting on or moving over land; and

        (c)     any thing resting on or lying under the bed, shore or bank of any navigable waters; and

        (d)     any thing afloat (other than a ship) if it is anchored or attached to the bed, shore or bank of any navigable waters or is used in any operation for the exploration of the sea-bed and sub-soil or the exploitation of the natural resources of the sea-bed and sub-soil;

"prohibited discharge" means a discharge into State waters of—

        (a)     oil; or

        (b)     an oily mixture; or

        (c)     an undesirable substance;

"public statutory body" includes any Minister of the Crown and any municipal council;

S. 23H(1)
def. of ship amended by No. 74/2000 s. 3(Sch. 1 item 100.2).

"ship" has the same meaning as in Annex I to the Convention;

S. 23H(1)
def of transfer operation amended by No. 63/1997
s. 9(1).

"transfer operation" means any operation involved in the preparation for, or the commencement, carrying on or termination of, the transfer of oil or an oily mixture or a liquid substance or a mixture containing a liquid substance from or to any ship, whether to or from a place on land or to or from another ship;

"undesirable substance" means—

        (a)     any solid ballast, rubbish, gravel, earth, stone or wreck; or

        (b)     any dangerous, flammable, corrosive or offensive substance, whether solid, liquid or gaseous; or

        (c)     any article or thing or any substance (whether solid, liquid or gaseous) which is capable of constituting a hazard to navigation or of preventing or hindering the proper use of State waters—

but does not include oil or an oily mixture.

    (2)     A discharge of oil or an oily mixture onto or into any land, water, structure or thing is, if the whole or any part of the oil or oily mixture eventually enters State waters, to be taken for all purposes under this Part to be a discharge into State waters of the oil or oily mixture or of so much of it as enters State waters.

S. 23I
inserted by No. 82/1995 s. 183, amended by No. 39/2018 s. 50(2).