sec.144Public authority’s obligation about threatening incidents for marine parks

### sec.144 Public authority’s obligation about threatening incidents for marine parks Subject to subsection (4) , subsection (2) applies if a public authority becomes aware of, or proposes carrying out an emergency response to, an incident having the potential to cause a serious risk to— the park’s environment or use and non-use values; or a person or thing in the park. The authority must— notify the chief executive about the nature of the incident or proposed emergency response; and ask the chief executive for advice about responding to the incident; and state enough information about the incident or proposed response to enable the chief executive to give the advice. The chief executive must give the advice to the public authority as soon as practicable after receiving the notice. Subsection (2) does not apply if the chief executive has advised the public authority that the chief executive is satisfied with the authority’s contingency plan or other documented arrangement for dealing with an incident of the type mentioned in subsection (1) . If the chief executive gives advice to a public authority under subsection (3) before the authority needs to respond to an incident mentioned in subsection (1) , the authority must consider the advice in responding to the incident. In this section— public authority means— an entity declared under the Public Sector Act 2022 to be a department of government; or a local government or other entity established by an Act. s 144 amd 2009 No. 25 s 83 sch ; 2022 No. 34 s 365 sch 3 (sec.144-ssec.1) Subject to subsection (4) , subsection (2) applies if a public authority becomes aware of, or proposes carrying out an emergency response to, an incident having the potential to cause a serious risk to— the park’s environment or use and non-use values; or a person or thing in the park. (sec.144-ssec.2) The authority must— notify the chief executive about the nature of the incident or proposed emergency response; and ask the chief executive for advice about responding to the incident; and state enough information about the incident or proposed response to enable the chief executive to give the advice. (sec.144-ssec.3) The chief executive must give the advice to the public authority as soon as practicable after receiving the notice. (sec.144-ssec.4) Subsection (2) does not apply if the chief executive has advised the public authority that the chief executive is satisfied with the authority’s contingency plan or other documented arrangement for dealing with an incident of the type mentioned in subsection (1) . (sec.144-ssec.5) If the chief executive gives advice to a public authority under subsection (3) before the authority needs to respond to an incident mentioned in subsection (1) , the authority must consider the advice in responding to the incident. (sec.144-ssec.6) In this section— public authority means— an entity declared under the Public Sector Act 2022 to be a department of government; or a local government or other entity established by an Act. - (a) the park’s environment or use and non-use values; or - (b) a person or thing in the park. - (a) notify the chief executive about the nature of the incident or proposed emergency response; and - (b) ask the chief executive for advice about responding to the incident; and - (c) state enough information about the incident or proposed response to enable the chief executive to give the advice. - (a) an entity declared under the Public Sector Act 2022 to be a department of government; or - (b) a local government or other entity established by an Act.