Queensland Consolidated Acts

TRANSPORT OPERATIONS (MARINE POLLUTION) ACT 1995 - SECT 93

93 State has prime responsibility for directing emergency response

(1) This section applies if there is a discharge or probable discharge of pollutant into coastal waters (a
"relevant discharge" ).

(2) The State has prime responsibility for directing and coordinating the response to a relevant discharge.

(3) The State may enter into an agreement with a port authority or port operator about the port authority or port operator responding to a relevant discharge within the port limits of the port.

(4) To the extent stated in either of the following agreements between the State and a port authority or port operator, the port authority or port operator has responsibility within the port limits of the port for directing and coordinating the State’s response if there is a relevant discharge within the port limits—

(a) an agreement under subsection (3) ;

(b) an agreement of the type mentioned in subsection (3) entered into before the commencement of this subsection.

(5) The State, port authority or port operator may consult with other interested agencies and entities and local governments in preparing a response to a relevant discharge.