QLDIn ForceAct
Transport Operations (Marine Pollution) Act 1995
sec.94Emergency declaration may overrule local law
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### sec.94 Emergency declaration may overrule local law
The Minister may, by emergency declaration, declare a local law that is inconsistent with, or hinders, the State’s response to a serious discharge of pollutant into coastal waters is of no effect to the extent, and for the period (not longer than 14 days), mentioned in the Minister’s declaration.
However, the Minister may make the emergency declaration only if the Minister is satisfied that urgent action is needed to deal with the discharge.
The declaration must state it is an emergency declaration and outline the nature of the emergency.
The Minister is not required to engage in consultation about the declaration.
After notification of the declaration, the Minister may publish it in the ways the Minister considers appropriate having regard to the emergency.
The Minister must repeal the declaration as soon as possible after the Minister is satisfied the emergency no longer exists.
Unless it is earlier repealed, the declaration expires 14 days after it is notified.
An emergency declaration is subordinate legislation.
s 94 amd 2006 No. 21 s 25 ; 2013 No. 39 s 111 sch 4
(sec.94-ssec.1) The Minister may, by emergency declaration, declare a local law that is inconsistent with, or hinders, the State’s response to a serious discharge of pollutant into coastal waters is of no effect to the extent, and for the period (not longer than 14 days), mentioned in the Minister’s declaration.
(sec.94-ssec.2) However, the Minister may make the emergency declaration only if the Minister is satisfied that urgent action is needed to deal with the discharge.
(sec.94-ssec.3) The declaration must state it is an emergency declaration and outline the nature of the emergency.
(sec.94-ssec.4) The Minister is not required to engage in consultation about the declaration.
(sec.94-ssec.5) After notification of the declaration, the Minister may publish it in the ways the Minister considers appropriate having regard to the emergency.
(sec.94-ssec.6) The Minister must repeal the declaration as soon as possible after the Minister is satisfied the emergency no longer exists.
(sec.94-ssec.7) Unless it is earlier repealed, the declaration expires 14 days after it is notified.
(sec.94-ssec.8) An emergency declaration is subordinate legislation.