70Authorised officer's powers in an emergency

70 Authorised officer's powers in an emergency (1) If an authorised officer is satisfied on reasonable grounds that: (a) a discharge of pollutant into coastal waters has happened or is likely to happen; and (b) urgent action is necessary to prevent or minimise the discharge and its effect on the Territory's marine and coastal environment, the authorised officer may: (c) direct a person to take stated reasonable action within a stated reasonable time; or (d) take the action or authorise someone else to take the action. (2) Without limiting subsection (1), reasonable action includes action: (a) to remove, destroy or disperse a discharged pollutant; (b) to prevent the pollutant from reaching a stated place on water or land; (c) to mitigate damage or injury caused to a stated place or object on water or land by the pollutant; and (d) to require any person: (i) to do something that assists with an action referred to in paragraph (a), (b) or (c); or (ii) to stop doing something that may interfere with action referred to in paragraph (a), (b) or (c). (3) The direction may be given orally or by written notice.

Marine Pollution Act 1999 44 (4) If the direction is given orally, the authorised officer must, as soon as practicable, confirm the direction by written notice given to the person. (5) If the authorised officer decides to take the action, the officer may: (a) board a ship or enter a place and take the action; and (b) in taking the action, exercise any of the powers of an authorised officer (other than investigatory powers) under this Part. (6) The authorised officer may exercise the powers referred to in subsection (5) with any necessary and reasonable help and force. (7) If a person or object is obstructing or preventing an authorised officer from boarding a ship or entering a place or taking action on or at a ship or place while the authorised officer is exercising or attempting to exercise the powers referred to in subsection (5), a member of the Police Force may, if asked by the authorised officer, using necessary and reasonable force: (a) remove the person or object from the place; and (b) take all reasonable measures to ensure the person or object does not again obstruct or prevent the action being taken. (8) In exercising or attempting to exercise the powers referred to in subsection (5), an authorised officer must take all reasonable steps to ensure the member causes as little inconvenience, and does as little damage, as is practicable in the circumstances. (9) This section does not limit a power an authorised officer has apart from this section. (10) If an authorised officer authorises a person to take action under subsection (1)(d): (a) the person may exercise the powers referred to in subsection (5)(a); and (b) the officer must inform the person: (i) of the action the person is authorised to take; (ii) of the person's powers under this section; and (iii) in general terms, of section 83.