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Transport Operations (Marine Pollution) Act 1995
sec.111Definitions for part
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### sec.111 Definitions for part
In this part—
discharge expenses means—
the reasonable costs and expenses incurred by the State or a prescribed entity in—
investigating a discharge of pollutant; and
preventing or minimising the effects of a discharge of pollutant; and
taking action to prevent or minimise the effects of a likely discharge of pollutant if—
the State or prescribed entity reasonably believes the discharge is likely to happen and takes action to prevent or minimise its effects; and
the likely discharge does not happen; and
treating animals and plants affected by a discharge of pollutant; and
rehabilitating or restoring Queensland’s marine and coastal environment; and
the exercise of a power by an authorised officer or the general manager under part 12 , division 6 or 7 ; and
an amount reasonably paid by the State under section 110 .
A discharge expense incurred or paid by the State includes a cost or expense incurred, action taken or amount paid by the Gold Coast Waterways Authority. This includes a cost or expense incurred, action taken or an amount paid by an employee of the Gold Coast Waterways Authority who is an authorised officer under this Act. The Gold Coast Waterways Authority Act 2012 , section 9 (2) provides that the Gold Coast Waterways Authority represents the State.
s 111 def discharge expenses amd 2000 No. 6 s 42 ; 2001 No. 79 s 59 ; 2002 No. 29 s 16 sch 1 ; 2006 No. 21 s 28 ; 2010 No. 19 s 136 ; 2012 No. 38 s 119 ; 2019 No. 25 s 25 (1) – (2)
discharge offence means a discharge offence within the meaning of part 4 , 5 , 6 , 7 , 8 or 9 .
prescribed entity means—
a port authority or a port operator; or
an entity acting under the direction, guidance, management or supervision of the marine pollution controller performing a function under section 93A (3) .
a local government, an entity established under the law of the Commonwealth
s 111 def prescribed entity ins 2019 No. 25 s 25 (3)
- (a) the reasonable costs and expenses incurred by the State or a prescribed entity in— (i) investigating a discharge of pollutant; and (ii) preventing or minimising the effects of a discharge of pollutant; and (iii) taking action to prevent or minimise the effects of a likely discharge of pollutant if— (A) the State or prescribed entity reasonably believes the discharge is likely to happen and takes action to prevent or minimise its effects; and (B) the likely discharge does not happen; and (iv) treating animals and plants affected by a discharge of pollutant; and (v) rehabilitating or restoring Queensland’s marine and coastal environment; and (vi) the exercise of a power by an authorised officer or the general manager under part 12 , division 6 or 7 ; and
- (i) investigating a discharge of pollutant; and
- (ii) preventing or minimising the effects of a discharge of pollutant; and
- (iii) taking action to prevent or minimise the effects of a likely discharge of pollutant if— (A) the State or prescribed entity reasonably believes the discharge is likely to happen and takes action to prevent or minimise its effects; and (B) the likely discharge does not happen; and
- (A) the State or prescribed entity reasonably believes the discharge is likely to happen and takes action to prevent or minimise its effects; and
- (B) the likely discharge does not happen; and
- (iv) treating animals and plants affected by a discharge of pollutant; and
- (v) rehabilitating or restoring Queensland’s marine and coastal environment; and
- (vi) the exercise of a power by an authorised officer or the general manager under part 12 , division 6 or 7 ; and
- (b) an amount reasonably paid by the State under section 110 .
- (i) investigating a discharge of pollutant; and
- (ii) preventing or minimising the effects of a discharge of pollutant; and
- (iii) taking action to prevent or minimise the effects of a likely discharge of pollutant if— (A) the State or prescribed entity reasonably believes the discharge is likely to happen and takes action to prevent or minimise its effects; and (B) the likely discharge does not happen; and
- (A) the State or prescribed entity reasonably believes the discharge is likely to happen and takes action to prevent or minimise its effects; and
- (B) the likely discharge does not happen; and
- (iv) treating animals and plants affected by a discharge of pollutant; and
- (v) rehabilitating or restoring Queensland’s marine and coastal environment; and
- (vi) the exercise of a power by an authorised officer or the general manager under part 12 , division 6 or 7 ; and
- (A) the State or prescribed entity reasonably believes the discharge is likely to happen and takes action to prevent or minimise its effects; and
- (B) the likely discharge does not happen; and
- (a) a port authority or a port operator; or
- (b) an entity acting under the direction, guidance, management or supervision of the marine pollution controller performing a function under section 93A (3) . Examples of entities for paragraph (b) — a local government, an entity established under the law of the Commonwealth