sec.95Authorised officer’s powers in an emergency

### sec.95 Authorised officer’s powers in an emergency This section applies if an authorised officer is satisfied on reasonable grounds that— a discharge of pollutant into coastal waters has happened, or is likely to happen; and urgent action is necessary to prevent or minimise the discharge and its effect on Queensland’s marine and coastal environment. An authorised officer may— direct any person to take stated reasonable action within a stated reasonable time; or take the action, or authorise someone else to take the action. Without limiting subsection (2) , reasonable action includes action— to remove, destroy or disperse a discharged pollutant; and to prevent the pollutant from reaching a stated place on water or land; and to mitigate damage or injury caused to a stated place or thing on water or land by the pollutant; and to require any person— to do something that assists with action mentioned in paragraph (a) , (b) or (c) ; or to stop doing something that may interfere with action mentioned in paragraph (a) , (b) or (c) . The direction may be given orally or by written notice. If the direction is given orally, the authorised officer must, as soon as practicable, confirm the direction by written notice given to the person. A person to whom a direction is given under subsection (2) (a) must comply with the direction, unless the person has a reasonable excuse. Maximum penalty—350 penalty units. If the authorised officer decides to take the action, the officer may— board any ship or, without a warrant, enter any place and take the action; and in taking the action, exercise any of the powers (other than investigatory powers) under this part. The authorised officer may exercise the powers mentioned in subsection (7) ( emergency powers ) with any necessary and reasonable help and force. If a person or thing is obstructing or preventing an authorised officer from boarding a ship or entering a place or taking action on or at any ship or place while the authorised officer is exercising or attempting to exercise emergency powers, a police officer may, if asked by the authorised officer, using any necessary and reasonable force— remove the person or thing from the place; and take all reasonable measures to ensure the person or thing does not again obstruct or prevent the action being taken. In exercising or attempting to exercise emergency powers, an authorised officer must take all reasonable steps to ensure the officer causes as little inconvenience, and does as little damage, as is practicable in the circumstances. This section does not limit any power an authorised officer has apart from this section. If an authorised officer authorises a person to take action under subsection (2) (b) — the person may exercise the powers mentioned in subsection (7) (a) ; and the officer must inform the person— of the action the person is authorised to take; and of the person’s powers under this section; and in general terms, of section 109 ; and Section 109 imposes on an authorised officer a requirement to give notice of any damage done in the exercise of a power. subsections (8) , (9) and (10) (so far as they relate to the power mentioned in subsection (7) (a) ) apply to the person as if the person were the authorised officer. s 95 amd 2010 No. 13 s 88 sch (sec.95-ssec.1) This section applies if an authorised officer is satisfied on reasonable grounds that— a discharge of pollutant into coastal waters has happened, or is likely to happen; and urgent action is necessary to prevent or minimise the discharge and its effect on Queensland’s marine and coastal environment. (sec.95-ssec.2) An authorised officer may— direct any person to take stated reasonable action within a stated reasonable time; or take the action, or authorise someone else to take the action. (sec.95-ssec.3) Without limiting subsection (2) , reasonable action includes action— to remove, destroy or disperse a discharged pollutant; and to prevent the pollutant from reaching a stated place on water or land; and to mitigate damage or injury caused to a stated place or thing on water or land by the pollutant; and to require any person— to do something that assists with action mentioned in paragraph (a) , (b) or (c) ; or to stop doing something that may interfere with action mentioned in paragraph (a) , (b) or (c) . (sec.95-ssec.4) The direction may be given orally or by written notice. (sec.95-ssec.5) If the direction is given orally, the authorised officer must, as soon as practicable, confirm the direction by written notice given to the person. (sec.95-ssec.6) A person to whom a direction is given under subsection (2) (a) must comply with the direction, unless the person has a reasonable excuse. Maximum penalty—350 penalty units. (sec.95-ssec.7) If the authorised officer decides to take the action, the officer may— board any ship or, without a warrant, enter any place and take the action; and in taking the action, exercise any of the powers (other than investigatory powers) under this part. (sec.95-ssec.8) The authorised officer may exercise the powers mentioned in subsection (7) ( emergency powers ) with any necessary and reasonable help and force. (sec.95-ssec.9) If a person or thing is obstructing or preventing an authorised officer from boarding a ship or entering a place or taking action on or at any ship or place while the authorised officer is exercising or attempting to exercise emergency powers, a police officer may, if asked by the authorised officer, using any necessary and reasonable force— remove the person or thing from the place; and take all reasonable measures to ensure the person or thing does not again obstruct or prevent the action being taken. (sec.95-ssec.10) In exercising or attempting to exercise emergency powers, an authorised officer must take all reasonable steps to ensure the officer causes as little inconvenience, and does as little damage, as is practicable in the circumstances. (sec.95-ssec.11) This section does not limit any power an authorised officer has apart from this section. (sec.95-ssec.12) If an authorised officer authorises a person to take action under subsection (2) (b) — the person may exercise the powers mentioned in subsection (7) (a) ; and the officer must inform the person— of the action the person is authorised to take; and of the person’s powers under this section; and in general terms, of section 109 ; and Section 109 imposes on an authorised officer a requirement to give notice of any damage done in the exercise of a power. subsections (8) , (9) and (10) (so far as they relate to the power mentioned in subsection (7) (a) ) apply to the person as if the person were the authorised officer. - (a) a discharge of pollutant into coastal waters has happened, or is likely to happen; and - (b) urgent action is necessary to prevent or minimise the discharge and its effect on Queensland’s marine and coastal environment. - (a) direct any person to take stated reasonable action within a stated reasonable time; or - (b) take the action, or authorise someone else to take the action. - (a) to remove, destroy or disperse a discharged pollutant; and - (b) to prevent the pollutant from reaching a stated place on water or land; and - (c) to mitigate damage or injury caused to a stated place or thing on water or land by the pollutant; and - (d) to require any person— (i) to do something that assists with action mentioned in paragraph (a) , (b) or (c) ; or (ii) to stop doing something that may interfere with action mentioned in paragraph (a) , (b) or (c) . - (i) to do something that assists with action mentioned in paragraph (a) , (b) or (c) ; or - (ii) to stop doing something that may interfere with action mentioned in paragraph (a) , (b) or (c) . - (i) to do something that assists with action mentioned in paragraph (a) , (b) or (c) ; or - (ii) to stop doing something that may interfere with action mentioned in paragraph (a) , (b) or (c) . - (a) board any ship or, without a warrant, enter any place and take the action; and - (b) in taking the action, exercise any of the powers (other than investigatory powers) under this part. - (a) remove the person or thing from the place; and - (b) take all reasonable measures to ensure the person or thing does not again obstruct or prevent the action being taken. - (a) the person may exercise the powers mentioned in subsection (7) (a) ; and - (b) the officer must inform the person— (i) of the action the person is authorised to take; and (ii) of the person’s powers under this section; and (iii) in general terms, of section 109 ; and Note— Section 109 imposes on an authorised officer a requirement to give notice of any damage done in the exercise of a power. - (i) of the action the person is authorised to take; and - (ii) of the person’s powers under this section; and - (iii) in general terms, of section 109 ; and Note— Section 109 imposes on an authorised officer a requirement to give notice of any damage done in the exercise of a power. - (c) subsections (8) , (9) and (10) (so far as they relate to the power mentioned in subsection (7) (a) ) apply to the person as if the person were the authorised officer. - (i) of the action the person is authorised to take; and - (ii) of the person’s powers under this section; and - (iii) in general terms, of section 109 ; and Note— Section 109 imposes on an authorised officer a requirement to give notice of any damage done in the exercise of a power.