47Prevention of pollution caused by escape of oil

47 Prevention of pollution caused by escape of oil

S. 47(1) def. of adjusted net tonnage repealed by No. 25/2025 s. 62(1)(a).

incident means an occurrence or a series of occurrences having the same origin;

oil includes an oily mixture, a liquid substance or a mixture containing a liquid substance;

owner, in relation to a tanker from which oil has escaped, means the owner of the tanker at the time the incident that caused the escape occurred or, if the incident consisted of a series of occurrences having the same origin, at the time of the first of the occurrences;

S. 47(1) def. of third party amended by No. 25/2025 s. 62(1)(b).

third party, in relation to a tanker, means any person other than—

(a) the owner of the tanker; or

(b) a servant or agent of the owner of the tanker; or

(c) the operator, an officer or other member of the crew of the tanker or of any other tanker also owned by the owner of the tanker.

S. 47(1) def. of tonnage factor repealed by No. 25/2025 s. 62(1)(a).

S. 47(1A) inserted by No. 25/2025 s. 62(2).

(1A) This section applies in circumstances where oil enters State waters after escaping from a tanker inside or outside State waters.

(2) If oil escapes from a tanker, the Minister may, whether or not a notice has been served in respect of the tanker under section 45(1) and whether or not any notice so served has been complied with, cause such things to be done as the Minister thinks proper to prevent, or reduce the extent of, the pollution of State waters or any part of the Victorian coast or to remove or reduce the effects of that pollution.

S. 47(3) amended by No. 25/2025 s. 62(3).

(3) If oil escapes from a tanker the owner of the tanker is liable to pay—

(a) the amount of any expense or other liability incurred by the Minister in, or by reason of, the exercise of his or her powers under subsection (2) in relation to the oil; and

(b) the amount of any damage to the environment or a State resource caused by contamination resulting from the escape of the oil; and

S. 47(3)(c) amended by No. 25/2025 s. 62(3).

(c) the amount of any loss or damage suffered by any person caused by contamination resulting from the escape of the oil.

(4) The amount of any liability under paragraph (a) or (b) of subsection (3)—

(a) is a debt due to the Crown by, and may be recovered from, the owner of the tanker; and