197Preventative action

197 Preventative action

197 Preventative action

(1) This section applies when the Minister reasonably suspects that an activity has been or is being carried on in an environmentally unsatisfactory manner on any ship or at any place on land or by any person (otherwise than on a ship or place on land).

(2) The Minister may, by notice in writing, do either or both of the following—

(a) direct the master or owner of a ship, or responsible person for the relevant apparatus or place on land,

(b) direct the person carrying on the activity (whether or not on a ship or place on land),

to take such action, as is specified in the notice and within such period (if any) as is specified in the notice, to ensure that the activity is carried on in future in a lawful and environmentally satisfactory manner.

(3) The action to be taken may (without limitation) include any of the following—

(a) installing, repairing, altering, replacing, maintaining or operating control equipment or other plant,

(b) modifying, or carrying out any work on, plant,

(c) ceasing to use plant or altering the way plant is used,

(d) ceasing to carry on or not commencing to carry on an activity,

(e) carrying on an activity in a particular manner,

(f) carrying on an activity only during particular times,

(g) monitoring, sampling or analysing any pollution or otherwise ascertaining the nature and extent of pollution or the risk of pollution,

(h) action with respect to the transportation, collection, reception, re-use, recovery, recycling, processing, storage or disposal of any waste or other substance,

(i) preparing and carrying out a plan of action to control, prevent or minimise pollution or waste,

(j) reviewing the carrying out of an activity.

(4) If the person who is given a notice is not the person carrying on the activity, the notice is taken to require the person to take all available steps to cause the action to be taken.