39Appropriate authority may issue written notice

39 Appropriate authority may issue written notice

(1) Without limiting or derogating from the provisions of section 38, if a prohibited discharge occurs or the appropriate authority is satisfied that a prohibited discharge is likely to occur from any place on land or from any apparatus used in a transfer operation, the appropriate authority may by notice in writing addressed to and served on the occupier of the place on land or the person in charge of the apparatus or the occupier or person in charge of any place on land used for, or apparatus used in, a transfer operation require—

(a) that any operation or activity in, on, or involving the use of the place on land or apparatus concerned be terminated; or

(b) that all or a specified part of the oil, oily mixture, liquid substance, mixture containing a liquid substance, or undesirable substance contained in the place on land or apparatus concerned or any part of that place or apparatus be removed; or

(c) that the required removal of oil, oily mixture, liquid substance, mixture containing a liquid substance, or undesirable substance from the place on land or apparatus concerned be carried out in a specified manner and to a specified place; or

(d) that all or a specified part of the oil, oily mixture, liquid substance, mixture containing a liquid substance, or undesirable substance in the place on land or apparatus concerned be retained there; or

(e) that—

(i) no oil, oily mixture, liquid substance, mixture containing a liquid substance, or undesirable substance; or

(ii) no further oil, oily mixture, liquid substance, mixture containing a liquid substance, or undesirable substance; or

(iii) no oil, oily mixture, liquid substance, mixture containing a liquid substance, or undesirable substance in excess of a specified amount—

be received into the place on land or apparatus concerned; or

(f) that any restrictions specified in the notice be complied with in the reception, or transfer of oil, oily mixture, liquid substance, mixture containing a liquid substance, or undesirable substance into, from or within the place on land or apparatus concerned; or

(g) that any equipment or machinery in or used with the place on land or apparatus concerned be operated or put into operating condition; or

(h) that specified repair or reconstruction work be carried out on the place on land or apparatus concerned or any part of that place or apparatus.

(2) If a notice under subsection (1) is addressed to and served on the occupier of any place on land and any requirement specified in the notice is not complied with as soon as possible or (as the case requires) within the time (if any) specified in the notice, the occupier of that place is guilty of an indictable offence and liable to a penalty of not more than 500 penalty units.