Marine-related Incidents (MARPOL Implementation) Act 2020
52Powers of Director to prevent or clean up marine pollution
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52 Powers of Director to prevent or clean up marine pollution
(1) The Director may take any preventative or clean-up action that the Director thinks fit, or cause any preventative or clean-up action that the Director thinks fit to be taken, if the Director is satisfied that –
(a) there is a reasonable likelihood of a marine pollutant spill occurring; or
(b) a marine pollutant spill has occurred or is occurring.
(2) For the purposes of subsection (1) , a preventative or clean-up action may include, but is not limited to, any one or more of the following:
(a) an action taken to –
(i) plan, coordinate and implement the response to an actual or potential marine pollutant spill; or
(ii) prevent or limit a marine pollutant spill; or
(iii) stop, reduce, contain, disperse or dispose of a marine pollutant spill; or
(iv) remove a marine pollutant spill from water or land affected by the marine pollutant spill; or
(v) minimise damage resulting from or likely to result from a marine pollutant spill; or
(vi) safeguard human or animal life or the physical environment; or
(vii) clean up and otherwise rehabilitate the physical environment or anything else that may have been damaged because of the actual or potential marine pollutant spill; or
(viii) procure and deploy machinery, equipment or material to deal with the actual or potential marine pollutant spill or with its effects or probable effects; or
(ix) procure and deploy expertise, labour or other human resources to deal with the actual or potential marine pollutant spill or with its effects or probable effects; or
(x) restrict access to, or prohibit an action in relation to, land affected by the marine pollutant spill;
(b) a critical action as defined in section 53 , provided that the Director complies with the requirements of that section in respect of the taking of the action;