55Recovery of costs of incidents

55 Recovery of costs of incidents

(1)  The costs incurred by, or on behalf of, an inspector in the following circumstances are taken to be costs incurred on behalf of the Crown:

(a) costs incurred in carrying out any one or more of the preventative or clean-up actions referred to in section 52(2) ;

(b) costs incurred in respect of an actual, or potential, marine pollutant spill in State waters.

(2)  The Director, on behalf of the Crown, may recover the costs referred to in subsection (1) (the recoverable costs) from –

(a) if those costs are incurred in respect of a ship, the master, charterer or owner of the ship; or

(b) if those costs are incurred in respect of a facility on land, the owner or operator of the facility.

(3)  If costs are recoverable from a person under subsection (2) , the Director may, by notice in writing to the person, fix a period, being not less than 28 days from the date of the notice, within which the recoverable costs must be paid by the person.

(4)  If the costs are not paid by the person within the period fixed by a notice under subsection (3) , the person is liable to pay interest charged at the prescribed rate on the amount unpaid.

(5)  If interest is payable under subsection (4)  –

(a) it is to capitalise every 90 days after the day on which it first becomes payable; and

(b) any part payment of the amount unpaid is to go to reduce the amount of interest owing on the recoverable costs before being applied to the recoverable costs.

(6)  A rate of interest prescribed for the purposes of subsection (4)  may be prescribed –

(a) as a rate of interest, or as a means of calculating a rate of interest; and

(b) by reference to another rate of interest or means of calculating a rate of interest.