Queensland Consolidated Acts

TRANSPORT OPERATIONS (MARINE POLLUTION) ACT 1995 - SECT 127

127 Court may make orders about rehabilitation etc.

(1) If a person is convicted of an offence against this Act, the court dealing with the matter may make an order under this section in addition to—

(a) any other penalty the court may impose under this Act, the Penalties and Sentences Act 1992 or another Act; or

(b) any other order the court may make under this Act, the Penalties and Sentences Act 1992 or another Act.

Note—

See section 147 (1) if an offence was committed entirely before the commencement of section 147 .

(2) The court may order the defendant to do 1 or more of the following—

(a) to take stated action to rehabilitate or restore Queensland’s marine and coastal environment damaged because of the act or omission constituting the offence;

(b) on application only by the prosecution, to do 1 or more of the following—

(i) to conduct a stated advertising or education campaign to promote compliance with the Act ;

(ii) to make a stated private apology or publish a stated public apology to persons affected by the contravention;

(iii) to operate a stated ship in a particular way, including putting a stated procedure or system in place for or on the ship to ensure compliance with the Act ;

(iv) to repair, modify or replace a stated ship or part of a ship, or repair, modify, install or replace stated machinery or equipment on a stated ship to ensure compliance with the Act ;

(v) to start or stop a stated activity in relation to a stated ship;

(vi) not to own or operate any ship unless the general manager has given written consent for the ownership or operation;

(c) to comply with another order the court considers appropriate.

(3) Also, if—

(a) a person is convicted of an offence against this Act or the Marine Safety Act ; and

(b) the act or omission constituting the offence caused the State, a port authority or a port operator to incur discharge expenses in relation to a discharge or likely discharge of pollutant from a ship into coastal waters;

the court may order the defendant to pay to the State, the port authority or the port operator the amount that could be recovered under section 122 (1) .

(4) An order under this section is subject to any limitation of liability that may apply under a law of the State or the Commonwealth.

Example—

Protection of the Sea (Civil Liability) Act 1981 (Cwlth)

(5) A person who contravenes an order under this section commits an offence against this Act.

Penalty—

Maximum penalty—3,500 penalty units or 2 years imprisonment.

Note—

If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 121 , to have also committed the offence.