38Removal of pollution

38 Removal of pollution

S. 38(1) substituted by No. 77/2001 s. 19.

(1) If a prohibited discharge occurs, or is likely to occur, the appropriate authority or any public statutory body may—

(a) do anything necessary to prevent the discharge from occurring;

(b) do anything necessary to mitigate the effect the discharge has, or will have, on the marine environment, any marine habitat (including any habitat used for aquaculture) or any marine or other wildlife;

(c) remove, disperse, destroy or mitigate the discharge or any thing polluted by the discharge;

(d) reinstate or restore any land, building, structure or vessel that has been damaged by the discharge.

(2) The powers conferred by subsection (1) on a public statutory body that is a municipality are limited to the area within the boundaries of the municipal district of the municipality and the area immediately adjacent to that area but any other public statutory body and any appropriate authority may exercise those powers either within or outside the land or waters under its control.

(3) Any appropriate authority or public statutory body may recover all costs and expenses incurred by it in or in connection with any exercise of the powers conferred by subsection (1)—

S. 38(3)(a) amended by No. 78/2011 s. 45(1)(a).

(a) if the discharge occurs or is likely to occur from any place on land, from the occupier of that place; or

S. 38(3)(b) amended by No. 78/2011 s. 45(1)(a).

(b) if the discharge occurs or is likely to occur from any vessel, from the owner of that vessel; or

S. 38(3)(c) amended by No. 78/2011 s. 45(1).

(c) if the discharge occurs or is likely to occur from any apparatus, from the person in charge of the apparatus.

S. 38(4) amended by Nos 77/2001 s. 31(1)(b), 78/2011 s. 45(2).

(4) The Minister may reimburse a public statutory body for the costs and expenses incurred by it in or in connection with any exercise of the powers conferred by subsection (1) if the Minister is satisfied that the action taken by the public statutory body was reasonable or if the action was taken with the approval of, or at the request of, the Minister.

(5) If the Minister reimburses a public statutory body under subsection (4), the Minister may recover the costs and expenses in accordance with subsection (3) as if those costs and expenses had been incurred by the Minister in or in connection with an exercise of the powers conferred by subsection (1).

(6) Costs and expenses recoverable under this section may be recovered in the course of criminal proceedings in respect of the discharge or may be recovered in any court of competent jurisdiction as a debt due to the authority or body even if no proceedings have been taken in respect of the discharge.