sec.103Inspector’s power to remove property

### sec.103 Inspector’s power to remove property This section applies if an inspector reasonably believes property in a marine park is abandoned, stranded, sunk or wrecked and needs to be removed urgently to— prevent or remedy any harm to, or loss or destruction of, the park’s environment or use and non-use values; or secure the safety of a person or a person’s property in the park; or minimise disturbance to persons in the park. Subject to subsections (4) and (5) , the inspector may seize and remove the property to a place decided by the inspector. Subsection (2) applies whether or not the seizure and removal is inconsistent with an authority held by a person. Subsection (5) applies if the person responsible for the property— has been given a compliance notice, or direction under section 99 (4) , about the property; or 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; or for property required to be removed by a particular day or within a particular period as required under the compliance notice, direction or enforcement order—the inspector reasonably believes— the property needs to be removed immediately, or sooner than as required by the compliance notice, direction or enforcement order; and the person responsible for the property is unwilling or unable to remove the property sooner than as required by the compliance notice, direction or enforcement order. If the inspector seizes and removes the property under subsection (5) (b) , the person responsible for the property can not be prosecuted for failing to remove the property by the day or within the period as required under the compliance notice, direction or enforcement order. 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 . (sec.103-ssec.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 urgently to— prevent or remedy any harm to, or loss or destruction of, the park’s environment or use and non-use values; or secure the safety of a person or a person’s property in the park; or minimise disturbance to persons in the park. (sec.103-ssec.2) Subject to subsections (4) and (5) , the inspector may seize and remove the property to a place decided by the inspector. (sec.103-ssec.3) Subsection (2) applies whether or not the seizure and removal is inconsistent with an authority held by a person. (sec.103-ssec.4) Subsection (5) applies if the person responsible for the property— has been given a compliance notice, or direction under section 99 (4) , about the property; or has had an enforcement order about the property made against the person. (sec.103-ssec.5) 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; or for property required to be removed by a particular day or within a particular period as required under the compliance notice, direction or enforcement order—the inspector reasonably believes— the property needs to be removed immediately, or sooner than as required by the compliance notice, direction or enforcement order; and the person responsible for the property is unwilling or unable to remove the property sooner than as required by the compliance notice, direction or enforcement order. (sec.103-ssec.6) If the inspector seizes and removes the property under subsection (5) (b) , the person responsible for the property can not be prosecuted for failing to remove the property by the day or within the period as required under the compliance notice, direction or enforcement order. 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 . - (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. - (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. - (a) the person fails to comply with the compliance notice, direction or enforcement order and does not have a reasonable excuse for the noncompliance; or - (b) for property required to be removed by a particular day or within a particular period as required under the compliance notice, direction or enforcement order—the inspector reasonably believes— (i) the property needs to be removed immediately, or sooner than as required by the compliance notice, direction or enforcement order; and (ii) the person responsible for the property is unwilling or unable to remove the property sooner than as required by the compliance notice, direction or enforcement order. - (i) the property needs to be removed immediately, or sooner than as required by the compliance notice, direction or enforcement order; and - (ii) the person responsible for the property is unwilling or unable to remove the property sooner than as required by the compliance notice, direction or enforcement order. - (i) the property needs to be removed immediately, or sooner than as required by the compliance notice, direction or enforcement order; and - (ii) the person responsible for the property is unwilling or unable to remove the property sooner than as required by the compliance notice, direction or enforcement order.