Western Australian Current Acts

POLLUTION OF WATERS BY OIL AND NOXIOUS SUBSTANCES ACT 1987 - SECT 28

28 .         Pollution by liquid substances, powers to deal with etc.

        (1)         Where a discharge occurs into State waters from a ship or from transfer apparatus, 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 —

            (a)         to prevent or limit the discharge; or

            (b)         to disperse or contain the substance or mixture that has been discharged; or

            (c)         to remove any liquid substance or mixture containing a liquid substance from waters or land affected by the discharge; or

            (d)         to minimize the damage from pollution resulting from or likely to result from the discharge.

        (1a)         In subsection (1) —

        discharge means a discharge of a liquid substance, or of a mixture containing a liquid substance, being a substance or mixture carried as cargo or part cargo in bulk;

        transfer apparatus means apparatus used for transferring liquid substances or mixtures containing liquid substances from or to any ship.

        (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 person in charge of the apparatus concerned.

        (3)         Subsection (1) does not apply to a discharge of a kind or in circumstances referred to in subsections (4) to (12) inclusive of section 20.

        (4)         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 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.

        (5)         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.

        (6)         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 28 amended: No. 47 of 1993 s. 28; No. 71 of 2003 s. 14.]