QLDIn ForceAct
Transport Operations (Marine Pollution) Act 1995
sec.122How discharge expenses may be recovered
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### sec.122 How discharge expenses may be recovered
The State or a prescribed entity may recover discharge expenses as a debt.
See also the Protection of the Sea (Civil Liability) Act 1981 (Cwlth) and the Protection of the Sea (Oil Pollution Compensation Funds) Act 1993 (Cwlth) .
The chief executive may elect to recover a prescribed entity’s discharge expenses if the prescribed entity asks.
If the chief executive makes an election under subsection (2) , the reasonable costs of the prescribed entity are taken to be a debt payable to the State and may be recovered accordingly.
An amount recovered for a prescribed entity by the chief executive must be reimbursed to the prescribed entity.
This section does not limit the general manager’s power to recover discharge expenses by making a demand against a security as mentioned in section 115 (4) .
In this section—
discharge expenses has the meaning given in part 13 .
prescribed entity has the meaning given in part 13 .
s 122 amd 2001 No. 79 s 64 ; 2006 No. 21 s 34 ; 2010 No. 13 s 88 sch ; 2010 No. 19 s 140 ; 2019 No. 25 s 30
(sec.122-ssec.1) The State or a prescribed entity may recover discharge expenses as a debt. See also the Protection of the Sea (Civil Liability) Act 1981 (Cwlth) and the Protection of the Sea (Oil Pollution Compensation Funds) Act 1993 (Cwlth) .
(sec.122-ssec.2) The chief executive may elect to recover a prescribed entity’s discharge expenses if the prescribed entity asks.
(sec.122-ssec.3) If the chief executive makes an election under subsection (2) , the reasonable costs of the prescribed entity are taken to be a debt payable to the State and may be recovered accordingly.
(sec.122-ssec.4) An amount recovered for a prescribed entity by the chief executive must be reimbursed to the prescribed entity.
(sec.122-ssec.5) This section does not limit the general manager’s power to recover discharge expenses by making a demand against a security as mentioned in section 115 (4) .
(sec.122-ssec.6) In this section— discharge expenses has the meaning given in part 13 . prescribed entity has the meaning given in part 13 .