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Contents (2012 - 5)
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Marine Pollution Act 2012 No 5
Current version for 6 January 2017 to date (accessed 20 February 2020 at 10:02)
Part 14
Part 14 Reception facilities for collecting waste
Division 1 Minister may provide reception facilities
178   Minister may arrange for provision of reception facilities
(cf former Act s 45)
The Minister may provide, join with any other person (including the Crown) in providing, arrange for the provision of, or direct the provision of:
(a)  reception facilities for oil residues, and mixtures containing oil or oil residues, in accordance with Regulation 38 of Annex I of MARPOL, and
(b)  reception facilities for residues of noxious liquid substances, and mixtures containing residues of noxious liquid substances, in accordance with Regulation 18 of Annex II of MARPOL, and
(c)  reception facilities for sewage, and mixtures containing sewage, in accordance with Regulation 12 of Annex IV of MARPOL, and
(d)  reception facilities for garbage, and mixtures containing garbage in accordance with Regulation 7 of Annex V of MARPOL.
179   Regulations concerning reception facilities
(cf former Act s 45 (2))
The regulations may fix charges and impose conditions for the use of reception facilities provided or arranged under this Part.
Division 2 Minister may direct persons to provide reception facilities
180   Minister may require person to provide, maintain and make available reception facilities
(cf former Act s 45 (4))
(1)  The Minister may serve a written notice on the owner or occupier of a reception facility prescribed by the regulations, requiring that owner or occupier:
(a)  provide facilities of a standard satisfactory to the Minister for the reception or disposal, or both, of waste prescribed by the regulations from or by ships berthed, docked or otherwise being at the establishment, and
(b)  maintain the facilities in good order and condition, and
(c)  make the facilities available to enable ships to dispose of the waste prescribed by the regulations.
(2)  In this section:
prescribed waste means any of the following:
(a)  oil or residues of oil,
(b)  noxious liquid substances or residues of noxious liquid substances,
(c)  sewage or residues of sewage,
(d)  garbage or residues of garbage.
reception facility means any of the following:
(a)  an oil terminal, oil depot, oil installation or other establishment used for the loading or unloading of oil or oil residues,
(b)  a terminal, depot, installation or other establishment used for the loading or unloading of other prescribed waste,
(c)  any establishment at which ships are repaired or other work is performed relating to ships and involving the disposal of prescribed waste.
181   Owner or occupier must comply with requirement relating to reception facilities
(cf former Act s 45 (6))
An owner or occupier of a reception facility prescribed by the regulations under section 180 must comply with a requirement made by a notice served on the owner or occupier under this Part.
Maximum penalty: $110,000.
182   Notices
(cf former Act s 45 (5))
A notice served under this Part:
(a)  must be served on the owner or occupier of the reception facility prescribed by the regulations under section 180 to which it relates:
(i)  in any manner in which a summons or other process for an offence against this Act may be served, or
(ii)  by delivering it to the owner or the occupier or the person appearing to be in charge of the prescribed reception facility, and
(b)  may specify a time within which the requirement is to be complied with, and
(c)  may be revoked or varied by a further written notice.