49Chief Executive Officer may direct person to provide reception

49 Chief Executive Officer may direct person to provide reception facilities (1) The Chief Executive Officer may give a notice under subsection (2) to the owner or occupier of: (a) a port or terminal; or (b) an establishment at which ships are: (i) repaired or other work is performed on ships, if the repair or work involves the disposal of oily mixtures, mixtures containing noxious liquid substances, oil residues, residues of noxious liquid substances or sewage; or (ii) berthed, docked or otherwise at the establishment. (2) A notice may direct an owner or occupier of a port, terminal or establishment to: (a) provide facilities for the reception or disposal of residues by ships berthed, docked or otherwise at the port, terminal or establishment; (b) maintain the facilities in good order and condition; and (c) make the facilities available to enable ships to dispose of the residues. (3) A notice under subsection (2): (a) may state a time within which a direction is to be complied with; and (b) is to be signed by the Chief Executive Officer. (4) An owner or occupier must comply with a notice under subsection (2). Maximum penalty: 5 000 penalty units.

Marine Pollution Act 1999 31 (5) If a court is satisfied on finding a person guilty of an offence against subsection (4) that the person continued to contravene, or to fail to comply with, the provision after the date when he or she was notified of the alleged offence, the Court may, in addition to the maximum penalty specified for the offence, impose a further penalty in respect of each day during which the offence continued to be committed after the first day on which it was committed not exceeding 13 penalty units for each day during which the offence continues. (6) An owner's or occupier's obligation to comply with a notice under subsection (2) continues until the direction given by the notice is complied with even though, in a particular case, the notice specifies a time by which compliance is required and the time has passed. (7) A charge against an owner or occupier for a contravention of subsection (4) continuing after a finding of guilt may state the date of the last finding of guilt and the day or period during which the contravention continued. (8) In this section: residues include oil, noxious liquid substances, sewage and garbage. terminal includes an oil depot, oil installation and any other place used for the loading or unloading in bulk of oil or noxious liquid substances.