48Committee procedure on marine pollutant spill incident

48 Committee procedure on marine pollutant spill incident

(1)  In this section –

incident controller means the person having the immediate responsibility, on behalf of the State, for the management of operations in response to an actual or potential marine pollutant spill or oil spill;

oil spill means a discharge into State waters of any one, or any combination, of the following substances (whether in bulk, packaged or another form):

(a) oil within the meaning of Annex 1 to the Convention;

(b) an oily mixture within the meaning of Annex 1 to the Convention;

(c) a residue of a substance specified in paragraph (a) or (b) .

(2)  Subject to subsection (3) , the Director must immediately convene a meeting of the Committee if a marine pollutant spill occurs, or appears reasonably likely to occur.

(3)  Subsection (2) does not apply if the Director –

(a) is satisfied that –

(i) the marine pollutant spill is, or is likely to be, an oil spill of less than 10 tonnes; or

(ii) the marine pollutant spill is, or is likely to be, only garbage, within the meaning of Annex V to the Convention, or sewage, within the meaning of Annex IV to the Convention, or both; and

(b) reasonably believes that there is no serious threat or danger to State waters, the coastline or another part of the State's physical environment or the related interests of the State.

(4)  The Committee has the following functions in respect of a marine pollutant spill:

(a) to make recommendations to the Director, the incident controller and inspectors regarding the marine pollutant spill and the response to that marine pollutant spill;

(b) to coordinate the provision of advice to the State Government regarding the marine pollutant spill and the response to that marine pollutant spill, as necessary, by other levels of government;