sec.115Recovery of discharge expenses

### sec.115 Recovery of discharge expenses This section applies if the State or a prescribed entity incurs discharge expenses in relation to a discharge or likely discharge of pollutant from a ship into coastal waters. However, this section applies in relation to discharge expenses incurred by a prescribed entity only if the chief executive makes an election under section 113 (3) for the discharge expenses. The discharge expenses are taken to be a debt payable to the State jointly and severally by the owner and the master of the ship from which the pollutant was discharged or was likely to be discharged. The general manager may recover the discharge expenses by making a demand against the security or part of it. Before making the demand against the security, the general manager must give to the security giver a written notice under this section. The notice must— outline the action taken; and state the amount to be demanded against the security; and invite the person to make written representations to the general manager to show, within a stated time of at least 30 days, why the demand should not be made. If, after considering all written representations made within the stated time, the general manager decides grounds still exist to make the demand for the amount or a lesser amount, the general manager must immediately give a QCAT information notice for the decision to the security giver. The QCAT information notice must enclose a copy of section 116 . If a QCAT information notice is given under subsection (7) , the general manager must not make the demand until— the time to apply, as provided under the QCAT Act , to QCAT for a review of the decision has ended; and if an application for a review of the decision is made—the application is finally decided. If the general manager makes the demand, the security provider— is not required to inquire into the correctness or lawfulness of the general manager’s demand; and must pay the security or the part of it demanded to the general manager. An amount recovered for a prescribed entity by the general manager must be reimbursed to the prescribed entity. In this section— security giver means the ship’s owner or other person who arranged for the security to be given. security provider means the person providing the security. s 115 amd 2000 No. 6 s 43 ; 2001 No. 79 s 63 ; 2002 No. 29 s 16 sch 1 ; 2006 No. 21 s 30 ; 2009 No. 24 s 1748 ; 2010 No. 19 s 138 ; 2019 No. 25 s 27 (sec.115-ssec.1) This section applies if the State or a prescribed entity incurs discharge expenses in relation to a discharge or likely discharge of pollutant from a ship into coastal waters. (sec.115-ssec.2) However, this section applies in relation to discharge expenses incurred by a prescribed entity only if the chief executive makes an election under section 113 (3) for the discharge expenses. (sec.115-ssec.3) The discharge expenses are taken to be a debt payable to the State jointly and severally by the owner and the master of the ship from which the pollutant was discharged or was likely to be discharged. (sec.115-ssec.4) The general manager may recover the discharge expenses by making a demand against the security or part of it. (sec.115-ssec.5) Before making the demand against the security, the general manager must give to the security giver a written notice under this section. (sec.115-ssec.6) The notice must— outline the action taken; and state the amount to be demanded against the security; and invite the person to make written representations to the general manager to show, within a stated time of at least 30 days, why the demand should not be made. (sec.115-ssec.7) If, after considering all written representations made within the stated time, the general manager decides grounds still exist to make the demand for the amount or a lesser amount, the general manager must immediately give a QCAT information notice for the decision to the security giver. (sec.115-ssec.8) The QCAT information notice must enclose a copy of section 116 . (sec.115-ssec.9) If a QCAT information notice is given under subsection (7) , the general manager must not make the demand until— the time to apply, as provided under the QCAT Act , to QCAT for a review of the decision has ended; and if an application for a review of the decision is made—the application is finally decided. (sec.115-ssec.10) If the general manager makes the demand, the security provider— is not required to inquire into the correctness or lawfulness of the general manager’s demand; and must pay the security or the part of it demanded to the general manager. (sec.115-ssec.11) An amount recovered for a prescribed entity by the general manager must be reimbursed to the prescribed entity. (sec.115-ssec.12) In this section— security giver means the ship’s owner or other person who arranged for the security to be given. security provider means the person providing the security. - (a) outline the action taken; and - (b) state the amount to be demanded against the security; and - (c) invite the person to make written representations to the general manager to show, within a stated time of at least 30 days, why the demand should not be made. - (a) the time to apply, as provided under the QCAT Act , to QCAT for a review of the decision has ended; and - (b) if an application for a review of the decision is made—the application is finally decided. - (a) is not required to inquire into the correctness or lawfulness of the general manager’s demand; and - (b) must pay the security or the part of it demanded to the general manager.