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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 23 February 2020 at 22:35)
Part 16 Division 4
Division 4 Marine pollution prohibition notices
201   Prohibition on activities
(1)  This section applies where the Minister is of the opinion that the discharge of marine pollutants from (or within) any ship or place on land in which any activity is carried on is causing or is likely to cause a marine pollution incident and that the giving of the notice is warranted.
(2)  The Minister may, by notice in writing, do either or both of the following:
(a)  direct the master of the ship or the responsible person,
(b)  direct the person carrying on the activity,
to cease carrying on the activity, or any specified aspect of it, for such period as is specified in the notice.
(3)  If the person who is given a notice is not the person carrying on the activity, the notice is taken to require the person to take all available steps to cause the activity to cease.
(4)  The Minister may give further notices on the expiry of the period of the earlier notice.
202   Offence
A person who, without reasonable excuse, does not comply with a marine pollution prohibition notice given to the person is guilty of an offence.
Maximum penalty:
(a)  in the case of a corporation—$1,000,000 and, in the case of a continuing offence, a further penalty of $120,000 for each day the offence continues, or
(b)  in the case of an individual—$250,000 and, in the case of a continuing offence, a further penalty of $60,000 for each day the offence continues.