Queensland Consolidated Acts

TRANSPORT OPERATIONS (MARINE POLLUTION) ACT 1995 - SECT 86A

86A Power to give notice in relation to discharge or likely discharge of pollutant

(1) This section applies if an authorised officer is satisfied on reasonable grounds that a ship has discharged, or is likely to discharge, pollutant into coastal waters.

(2) The authorised officer may—

(a) by written notice given to the owner or master of the ship, require the owner or master—

(i) to take stated reasonable action within a stated reasonable time; and

(ii) not to operate the ship, other than in a way approved by the authorised officer, until the authorised officer is satisfied on reasonable grounds that the ship is not likely to discharge pollutant into coastal waters; or

(b) attach a notice to the ship requiring that the ship not be operated by any person, other than in a way approved by the authorised officer, until the authorised officer is satisfied on reasonable grounds that the ship is not likely to discharge pollutant into coastal waters.

(3) The authorised officer may make a requirement under subsection (2) (a) orally and confirm the requirement by written notice as soon as practicable.

(4) The owner or master of a ship to whom a notice is given under subsection (2) (a) must comply with the requirement stated in the notice unless the owner or master has a reasonable excuse.

Penalty—

Maximum penalty—200 penalty units.

(5) A person must not contravene a requirement under subsection (2) (b) unless the person has a reasonable excuse.

Penalty—

Maximum penalty—200 penalty units.

(6) A person does not contravene this Act in relation to a discharge or likely discharge of pollutant from the ship for which an authorised officer issued a notice under subsection (2) merely because the person complies with a requirement in the notice.

(7) For subsection (2) (b) , if the authorised officer knows the identity of the owner or master of the ship, the authorised officer—

(a) must give the owner or master of the ship a copy of the requirement as soon as practicable; and

(b) may, by written notice given to the owner or master of the ship, require the owner or master to take stated reasonable action within a stated reasonable time in relation to the ship.

(8) The owner or master of a ship to whom a notice is given under subsection (7) (b) must comply with the requirement stated in the notice unless the owner or master has a reasonable excuse.

Penalty—

Maximum penalty—200 penalty units.

(9) If a requirement is given under subsection (2) (a) (i) or (7) (b) , the authorised officer may, if requested by the owner or master of the ship, allow the ship to operate before the end of the stated reasonable time in the direction if—

(a) the stated reasonable action in the direction has been taken; and

(b) the authorised officer is satisfied on reasonable grounds that the ship is not likely to discharge pollutant into coastal waters.