Marine Pollution (Control and Civil Liability) Act, 1981 (Act No. 6 of 1981)17. Refund of excess costs paid by owner |
| (1) | If the Authority is satisfied that no amount in respect of costs referred to in section 9(1)(b) is, or will become, payable in terms of the provisions of that section by an owner referred to in section 16 and that no pollution or further pollution of the sea by oil will be caused by the ship, tanker or offshore installation in question, it shall— |
| (a) | refund any amount deposited in terms of section 16, or so much thereof as has not been utilized to satisfy any amount which had become payable by such owner in respect of such costs; |
| (b) | cancel any guarantee furnished in terms of section 16 if no amount is payable in terms thereof in respect of such costs or if any amount which became so payable in respect of such costs has been paid. |
[Section 17(1) amended by section 2(2) (item 61(a) Sch) of Act No. 5 of 1998]
| (2) | The Authority may at any time refund so much of any amount deposited in terms of section 16, or, as the case may be, agree to a reduction of any amount guaranteed in terms of the said section by so much, as, in its opinion, is not required to satisfy any costs referred to in section 9(1)(b). |
[Section (2) substituted by section 2(2) (item 61(b) Sch) of Act No. 5 of 1998]
| (3) | In the event of an application having been made to the court in terms of section 12 in respect of the incident in question, the Authority shall refund to the owner concerned so much of any amount deposited in terms of section 16, or, as the case may be, agree to a reduction of any amount guaranteed in terms of the said section by so much, as exceeds the amount to which the State is entitled in terms of a distribution made in terms of section 12(4). |