Victorian Numbered Regulations

PORT MANAGEMENT (PORT OF MELBOURNE SAFETY AND PROPERTY) REGULATIONS 2020 (SR NO 108 OF 2020) - REG 23

    (1)     The VPCM may recover reasonable costs incurred by the VPCM in taking any clean up action resulting from an incident arising out of a hazardous port activity.

    (2)     The VPCM may recover reasonable costs incurred in taking action under subregulation (1) from—

        (a)     the person managing the hazardous port activity whose act or omission caused the incident to occur; or

        (b)     the owner, master or agent of the vessel on which the hazardous port activity has occurred or been permitted to occur; or

        (c)     the occupier of any premises or vessel upon which an incident has occurred or been permitted to occur.

    (3)     Costs that may be recovered by the VPCM under subregulation (1) include labour, administrative and overhead costs.

    (4)     An amount payable under subregulation (1) may be recovered in a court of competent jurisdiction as a debt due to the VPCM.