Pollution of Waters by Oil and Noxious Substances Amendment Act 2001 (TAS)

Pollution of Waters by Oil and Noxious Substances Amendment Act 2001

An Act to amend the Pollution of Waters by Oil and Noxious Substances Act 1987

[Royal Assent 17 December 2001]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1Short titleThis Act may be cited as the Pollution of Waters by Oil and Noxious Substances Amendment Act 2001 . 2CommencementThis Act commences on the day on which this Act receives the Royal Assent. 3Principal ActIn this Act, the Pollution of Waters by Oil and Noxious Substances Act 1987 is referred to as the Principal Act. 4Section 31 substituted Section 31 of the Principal Act is repealed and the following section is substituted: 31Immunity of authorized officers, &c. (1)  No liability attaches to an authorized officer, or a person acting with the authority, or on the direction of, an authorized officer, acting in good faith and – (a) in the exercise or purported exercise of a power under this Part; or (b) in the discharge or purported discharge of a function under this Part; or (c) in response to a maritime casualty, or other similar incident, involving the actual or imminent discharge of a marine pollutant into State waters; or (d) in any action taken to remove or minimise marine pollution. (2)  Subsection (1) does not preclude the Crown from incurring liability that an authorized officer or other person would, but for that subsection, incur.

[Second reading presentation speech made in:

House of Assembly on 20 NOVEMBER 2001

Legislative Council on 22 NOVEMBER 2001]