Division 5 Minister may take action if marine environment protection notice not complied with

203   Minister may take action in event of failure to comply

(cf former Act s 50 (4))

(1)  The Minister may cause any requirement made by a marine environment protection notice that is not being complied with to be complied with by an inspector or other officer, employee or agent of the Minister or any other person authorised by the Minister for the purposes of this section.

(2)  For this purpose, such an inspector, officer, employee, agent or person, 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.

204   Obstruction of persons acting in compliance with notice is an offence

(cf former Act s 50)

(1)  A person must not wilfully obstruct a person who is acting in compliance with a marine environment protection notice under section 203.

Maximum penalty: $220,000.

(2)  This section does not apply to a person who obstructs a person:

(a)  for the purpose of securing the safety of a ship or saving life at sea, or

(b)  with the approval of an officer prescribed by the regulations for the purposes of this section, for the purpose of combating specific pollution incidents in order to minimise the damage from pollution.