82Power to take action if maritime casualty

82 Power to take action if maritime casualty (1) If the Chief Executive Officer is satisfied, following a maritime casualty or acts related to a maritime casualty, that there is grave and imminent danger to the Territory coastline, or to related Territory interests, from the discharge or threat of discharge of pollutant into coastal waters that may reasonably be expected to result in major harmful consequences, he or she may take the measures he or she thinks are necessary to prevent, minimise or eliminate the danger.

Marine Pollution Act 1999 51 (2) Before taking measures under subsection (1), the Chief Executive Officer must, to the greatest extent practicable: (a) ensure the exercise of the power will not involve a threat to human life; and (b) unless he or she is of the opinion that the power to intervene must be exercised urgently: (i) have regard to Australia's obligations under the Intervention Convention; (ii) consult with the Australian Maritime Safety Authority; and (iii) consult with the relevant ship's owner. (3) The measures that the Chief Executive Officer may take under subsection (1) include taking, with the Minister's written approval, action, whether or not directions have been issued under subsection (4) in relation to the ship: (a) to move the ship or part of the ship to another place; (b) to remove cargo from the ship; (c) to salvage the ship, part of the ship or any of the ship's cargo; (d) to sink or destroy the ship or part of the ship; or (e) to take over control of the ship or part of the ship. (4) The measures that the Chief Executive Officer may take under subsection (1) include the issuing of a direction to a ship's owner, a ship's master, or a salvor in possession of a ship requiring or prohibiting the doing of anything in relation to the ship, including: (a) the movement of the ship or part of the ship; (b) the removal of cargo from the ship; (c) the taking of salvage measures in relation to the ship, part of the ship or any of the ship's cargo; (d) the sinking or destruction of the ship or part of the ship; (e) the sinking, destruction or discharging into the sea of any of the ship's cargo; and (f) the handing over of control of the ship or part of the ship.

Marine Pollution Act 1999 52 (5) The Chief Executive Officer must not issue a direction under subsection (4)(d) without the Minister's written approval. (6) Without limiting subsection (4), a direction may: (a) require that anything be done in accordance with the direction, with the approval, or in accordance with the instructions, of a stated person; or (b) prohibit the doing of anything other than in accordance with the direction, with the approval, or in accordance with the instructions, of a stated person. (7) This section does not authorise the taking of measures against a warship or other ship owned or operated by a foreign country and used, for the time being, only on government non-commercial service. (8) The Minister and the Chief Executive Officer must, in relation to the exercise of a power under this section: (a) have regard to the matters specified in subsection (2); and (b) have regard to: (i) the extent and probability of imminent damage if the power is not exercised; (ii) the likelihood of the exercise of the power being effective; and (iii) the extent of the damage likely to be caused by the exercise of the power. (9) This section does not limit any other right or power the Territory has apart from this section.