Marine Pollution Act 1999
62Authorised officer's general powers for ships and places
Start here
Get a plain-English read of 62
Turn the raw legal text into a practical explanation grounded in Marine Pollution Act 1999.
62 Authorised officer's general powers for ships and places (1) An authorised officer who boards a ship or enters a place under this Part (including residential premises at a place or a place used only for living quarters on a ship) may: (a) search a part of the ship or place; (b) inspect, examine, test, measure, photograph or film anything in or on the ship or place or require an object to be tested or measured; (c) take samples of a pollutant, substance or object in or on the ship or place; (d) record, measure, test or analyse the release of a pollutant into coastal waters from the ship; (e) copy a document in or on the ship or place; (f) take onto or into the ship or place any persons, equipment and materials the authorised officer reasonably requires for exercising a power under this Act; (g) install or maintain equipment and materials in or on the ship or place that the authorised officer reasonably requires for a monitoring program for the release of pollutants into coastal waters from the ship; (h) require the ship's master, a person in or on the ship or an occupier of the place, to give the authorised officer reasonable help for the exercise of the powers specified in paragraphs (a) to (g) (inclusive); or (j) for a ship – by written notice given to the person in control of the ship, require the person: (i) to bring the ship to a stated place; and (ii) to remain in control of the ship at the place for a reasonable time, to enable the officer to exercise the powers referred to in paragraphs (a) to (g) (inclusive). (2) If, for any reason, it is not practicable to make a requirement under subsection (1)(j) by written notice, the requirement may be made orally and confirmed by written notice as soon as practicable.
Marine Pollution Act 1999 39 (3) An authorised officer must not enter a part of a ship that is used only as a living area, or exercise powers under subsection (1)(a) to (g) (inclusive) in relation to the part, unless the authorised officer is accompanied by the master or other person in control of the ship. (4) Subsection (3) does not apply if the master or other person is unavailable or unwilling to accompany the authorised officer or the authorised officer is unable for another reason to comply with the subsection.