94Removal of property

#### 94 Removal of property (1) The Authority may, in writing, order a responsible person: (a) to remove property from the Marine Park if the property has been abandoned, sunk or wrecked; or (b) to remove property from the Marine Park if there is not in force, or is no longer in force, a permission granted by the Authority for an activity that involves the property; or (c) to take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of abandoned, sunk or wrecked property; or (d) to remove property from the Marine Park that may cause damage to the Marine Park. (2) The order must be served on the responsible person personally or by prepaid mail. (3) If the Authority is unable to locate the responsible person within a reasonable period, the Authority may publish a notice in accordance with subregulation (4): (a) on its website; and (b) in a daily newspaper that is circulated in the State of Queensland. (4) The notice must: (a) describe the property; and (b) identify, as appropriate: (i) the place where the property is located (as accurately as practicable); or (ii) the person from whom the property can be recovered; and (c) order the responsible person: (i) to remove the property from the Marine Park within a reasonable period specified in the order; or (ii) to take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of the abandoned, sunk or wrecked property; and (d) state that, if action is not taken to satisfy the order, the Minister may deal with the matter under section 61A of the Act. (5) In this regulation, responsible person means: (a) the person who last held a permission under Part 2A for an activity that involves the property; or (b) the owner of the property; or (c) the person who has control of the property; or (d) the person who caused the property to be in the Marine Park. (6) An order under subregulation (1) or paragraph (4)(c) is declared to be an order to which section 38DC of the Act applies.