88JPollution abatement by Ports Victoria

88J Pollution abatement by Ports Victoria Where— S. 88J(a) amended by No. 10/2016 s. 134(2). (a) pollutants have been or are being discharged on port of Melbourne land, that is not leased port of Melbourne land, or into port of Melbourne waters; or S. 88J(b) amended by Nos 10/2016 s. 134(2), 39/2018 s. 51(3). (b) a pollution incident within the meaning of the **Environment Protection Act 2017** has occurred on port of Melbourne land, that is not leased port of Melbourne land, or in port of Melbourne waters; or S. 88J(c) amended by No. 10/2016 s. 134(2). (c) any potentially hazardous substance appears to have been abandoned or dumped on port of Melbourne land, that is not leased port of Melbourne land, or in port of Melbourne waters; or S. 88J(d) amended by No. 10/2016 s. 134(2). (d) any potentially hazardous substance is being handled in a manner which is likely to cause an environmental hazard on port of Melbourne land, that is not leased port of Melbourne land, or in port of Melbourne waters— Ports Victoria may conduct a clean up or cause a clean up to be conducted as Ports Victoria considers necessary. S. 88JA inserted by No. 10/2016 s. 135. 88JA Pollution abatement by port of Melbourne operator (a) pollutants have been or are being discharged on leased port of Melbourne land; or S. 88JA(1)(b) amended by No. 39/2018 s. 51(3). (b) a pollution incident within the meaning of the **Environment Protection Act 2017** has occurred on leased port of Melbourne land; or (c) any potentially hazardous substance appears to have been abandoned or dumped on leased port of Melbourne land; or (d) any potentially hazardous substance is being handled in a manner which is likely to cause an environmental hazard on leased port of Melbourne land. (2) The port of Melbourne operator may conduct a clean up or cause a clean up to be conducted as the port of Melbourne operator considers necessary. S. 88K (Heading) amended by Nos 10/2016 ss 136, 179(Sch. 1 item 7.27), 19/2022 s. 55(1). S. 88K inserted by No. 93/2009 s. 12. 88K Recovery of costs of clean up by Ports Victoria S. 88K(1) amended by Nos 10/2016 s. 179(Sch. 1 item 7.28), 19/2022 s. 55(2)(a). (1) If Ports Victoria conducts a clean up under section 88J, Ports Victoria may recover any reasonable costs incurred by Ports Victoria in conducting the clean up from the person who caused the circumstances that gave rise to the need for the clean up to be conducted. S. 88K(2) amended by No. 19/2022 s. 55(2)(b). (2) The costs that may be recovered under subsection (1) include labour, administrative and overhead costs, determined on such basis as Ports Victoria reasonably considers appropriate, incurred as a result of any action taken by Ports Victoria under subsection (1). S. 88K(3) amended by Nos 10/2016 s. 179(Sch. 1 item 7.28), 19/2022 s. 55(2)(c). (3) An amount payable under subsection (1) may be recovered in any court of competent jurisdiction as a debt due to Ports Victoria. S. 88KA inserted by No. 10/2016 s. 137. 88KA Recovery of costs of clean up by port of Melbourne operator (1) If the port of Melbourne operator conducts a clean up under section 88JA, the port of Melbourne operator may recover any reasonable costs incurred by it in conducting the clean up from the person who caused the circumstances that gave rise to the need for the clean up to be conducted. (2) The costs that may be recovered under subsection (1) include labour, administrative and overhead costs, determined on such basis as the port of Melbourne operator reasonably considers appropriate, incurred as a result of any action taken by it under subsection (1). (3) An amount payable under subsection (1) may be recovered in any court of competent jurisdiction as a debt due to the port of Melbourne operator. S. 88L (Heading) amended by No. 39/2018 s. 51(4). S. 88L inserted by No. 93/2009 s. 12, amended by No. 39/2018 s. 51(5).