183   Minister may take action to prevent or clean up marine pollution

(cf former Act ss 46 (1) and 47 (1))

(1)  The Minister may take any preventative or clean-up action that the Minister thinks fit, or cause any preventative or clean-up action that the Minister thinks fit to be taken, if the Minister is of the opinion that:

(a)  a relevant discharge of a marine pollutant has occurred or is occurring, or

(b)  there is a probability of a relevant discharge of a marine pollutant occurring.

(2)  For this purpose, an inspector, officer, employee or agent of the Minister, using such force as is necessary, may:

(a)  enter, take and retain possession of any ship, place, apparatus, facility or pipeline, and

(b)  take and retain possession of any substance or thing, and

(c)  use and operate any apparatus or machinery, and

(d)  do all such things as are necessary for the purpose of causing a marine pollution prevention notice to be complied with.

(3)  In this section:

preventative or clean-up action means action:

(a)  to prevent or limit a discharge, or

(b)  to disperse or contain any marine pollutant that has been discharged, or

(c)  to remove any marine pollutant from waters or land affected by any discharge, or

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

relevant discharge of a marine pollutant means:

(a)  a discharge of oil:

(i)  from a ship, or

(ii)  from a place on land in, or in connection with, a transfer operation, or

(iii)  from any apparatus or purpose-built pipeline used in, or in connection with, a transfer operation, whether or not it is being so used, or

(b)  a discharge of a noxious liquid substance:

(i)  from a ship, or

(ii)  from a place on land in, or in connection with, a transfer operation, or

(iii)  from any apparatus or purpose-built pipeline used in, or in connection with, a transfer operation, whether or not it is being so used, or

(c)  the jettisoning of a harmful substance in packaged form from a ship, or

(d)  a discharge of sewage from a large ship, or

(e)  a discharge of garbage from a ship.