Queensland Numbered Acts

MARINE PARKS ACT 2004 No. 31 - SECT 100

(1) This section applies if an inspector reasonably believes property in a marine park is abandoned, stranded, sunk or wrecked and needs to be removed, but not urgently, to--

(a) prevent or remedy any harm to, or loss or destruction of, the park's environment or use and non-use values; or

(b) secure the safety of a person or a person's property in the park; or

(c) minimise disturbance to persons in the park.

(2) Subject to subsection (4) and section 101, the inspector may seize and remove the property to a place decided by the inspector.

(3) Subsection (2) applies whether or not the seizure and removal is inconsistent with an authority held by a person.

(4) If the person responsible for the property--

(a) has been given a compliance notice, or direction under section 99(4), about the property; or

(b) has had an enforcement order about the property made against the person;

the inspector may seize and remove the property only if the person fails to comply with the compliance notice, direction or enforcement order and does not have a reasonable excuse for the noncompliance.

Note--

For inspectors' obligations in exercising powers under this section, and a person's right to compensation for damage caused in the exercise of a power, see sections 86 to 88.