Western Australian Current Acts Western Australian Current Acts (1) Where a discharge
of oil or of an oily mixture occurs into State waters from —
(a) a
ship; or
(b) a
place on land; or
(c)
apparatus used for transferring oil or an oily mixture from or to any ship,
or the appropriate
authority is of the opinion that there is a probability of such a discharge
occurring, the appropriate authority may take or cause to be taken such action
as it thinks fit —
(d) to
prevent or limit the discharge; or
(e) to
disperse or contain the oil or oily mixture that has been so discharged; or
(f) to
remove any oil or oily mixture from waters or land affected by the discharge;
or
(g) to
minimize the damage from pollution resulting from or likely to result from the
discharge.
(2) The appropriate
authority may recover all costs and expenses incurred by it in respect of
action taken by or on behalf of it under subsection (1) from —
(a) the
owner or master of the ship concerned; or
(b) the
occupier of the place concerned; or
(c) the
person in charge of the apparatus concerned.
(3) The costs and
expenses referred to in subsection (1) may —
(a) be
awarded in the course of proceedings for an offence in respect of the
discharge, whether or not the owner, master, occupier or person is convicted
of an offence; or
(b) be
recovered as a debt due in a court of competent jurisdiction, notwithstanding
that proceedings have not been taken for an offence in respect of a discharge.
(4) Nothing in this
Act affects or qualifies any rights of the appropriate authority or of any
other person to recover damages in respect of the consequences of any
discharge from a ship or otherwise into State waters.
(5) In this section
appropriate authority means —
(a)
where the discharge occurs or is anticipated in a port under the control of a
port authority — that port authority; and
(b)
where the discharge occurs or is anticipated elsewhere — the Minister.
[Section 27 amended: No. 47 of 1993 s. 27; No. 71
of 2003 s. 13.]