10Taking of measures to prevent pollution of sea by oil or noxious substances—general powers

10 Taking of measures to prevent pollution of sea by oil or noxious substances—general powers

(1) This section (other than subsections (3B) and (3C)) applies in relation to: (a) any ship in internal waters, where: (i) the ship is a ship in relation to which Australia has relevant international rights or obligations, whether arising under an international convention, treaty or otherwise; or (ii) the ship is engaged in trade or commerce between Australia and a place or places outside Australia; or (iii) the ship is engaged in trade or commerce between 2 places outside Australia; or (iv) the ship is engaged in trade or commerce among the States; or (v) the ship is engaged in trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or (vi) the ship is engaged in operations incidental to trade or commerce referred to in subparagraph (ii), (iii), (iv) or (v); or (vii) the ship is owned, operated, managed or controlled by a constitutional corporation; or (viii) the ship is demised or sub‑demised to, or in the exclusive possession of, a constitutional corporation; or (ix) the beneficial interest in the ship is vested in a constitutional corporation; and (b) any ship in the Australian coastal sea; and (ba) any ship in the exclusive economic zone of Australia; and (c) any Australian ship on the high seas. (2) Where oil or a noxious substance is escaping, or has escaped, from a ship in relation to which this section applies, or the Authority is satisfied that oil or a noxious substance is likely to escape from such a ship, the Authority may, subject to subsection (4), take such measures as it considers necessary: (a) to prevent, or reduce the extent of, the pollution or likely pollution, by the oil or noxious substance, of any Australian waters, any part of the Australian coast or any Australian reef; (b) to prevent damage, or reduce the extent, or likely extent, of damage, to any of the related interests of Australia by reason of the pollution, or likely pollution, of the sea by the oil or noxious substance; (c) to protect any Australian waters, any part of the Australian coast or any Australian reef from pollution or likely pollution by the oil or noxious substance; (d) to protect any other related interests of Australia from damage by reason of the pollution, or likely pollution, of the sea by the oil or noxious substance; or (e) in a case where the oil or noxious substance has escaped—to remove or reduce the effects, or likely effects, of pollution or likely pollution, by the oil or noxious substance, on any Australian waters, any part of the Australian coast, any Australian reef or any of the related interests of Australia. (3) Without limiting the generality of subsection (2), the measures that the Authority may take under this section in relation to the ship include: (a) the taking of action, whether or not directions have been issued under paragraph (b) in relation to the ship: (i) to move the ship or part of the ship to another place; (ii) to remove cargo from the ship; (iii) to salvage the ship, part of the ship or any of the ship’s cargo; (iv) to sink or destroy the ship or part of the ship; (v) to sink, destroy or discharge into the sea any of the ship’s cargo; or (vi) to take over control of the ship or part of the ship; or (b) the issuing of directions of the kind authorized by section 11: (i) to the owner of the ship; (ii) to the master of the ship; or (iii) to any salvor in possession of the ship; or (iv) to any other person. (3A) The Authority must not exercise its powers under subparagraph (3)(a)(iv) without the approval of the Minister. (3B) Without limiting subparagraph (3)(b)(iv), a direction under that subparagraph may be issued to: (a) the owner of any other ship; or (b) the master of any other ship; or (c) the owner of a tangible asset; or (d) the controller of a tangible asset; or (e) the supplier of goods; or (f) a person to whom goods are being, or are proposed to be, supplied; or (g) the supplier of a service; or (h) a person to whom a service is being, or is proposed to be, supplied. (3C) The Authority must not issue a direction under subparagraph (3)(b)(iv) to the owner or master of another ship unless the other ship is: (a) in internal waters; or (b) in the Australian coastal sea; or (c) in the exclusive economic zone of Australia; or (d) an Australian ship. (4) The Minister and the Authority shall, in the exercise of powers under this section, act in accordance with the following principles: (a) measures taken under this section shall be in proportion to the damage, whether actual or threatened, in relation to which the measures are taken; (b) in determining whether measures are in proportion to the damage in relation to which the measures are taken, regard shall be had to: (i) the extent and probability of imminent damage if the measures are not taken; (ii) the likelihood of those measures being effective; and (iii) the extent of the damage which may be caused by the measures; (c) measures taken under this section shall not exceed those reasonably necessary to achieve the end sought to be achieved by the measures and shall cease as soon as that end has been achieved; (d) measures taken under this section shall not unnecessarily interfere with the rights and interests of other countries, and of any persons, likely to be affected by the measures; (e) in taking measures under this section, any risk to human life shall, as far as possible, be avoided. (5) Where oil or a noxious substance is being, has been or is likely to be, discharged, intentionally or otherwise, from a ship, the discharge or likely discharge of the oil or noxious substance from the ship shall, for the purposes of this section, be deemed to be an escape or likely escape of the oil or noxious substance, as the case may be, from the ship. (6) A direction under this Act is taken to relate to a ship referred to in subsection (2) even if the direction was issued under subparagraph (3)(b)(iv). (8) In this section: