QLDIn ForceAct
Transport Operations (Marine Pollution) Act 1995
sec.96Authorised officer may direct emergency release of pollutant
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### sec.96 Authorised officer may direct emergency release of pollutant
An authorised officer may give a written direction to a person to release a pollutant into coastal waters if the officer is satisfied—
it is necessary and reasonable to release the pollutant because of an emergency; and
there is no other practicable alternative to the release.
The authorised officer may impose reasonable conditions on the direction.
A person to whom a direction is given must—
comply with the direction, unless the person has a reasonable excuse; and
take all reasonable and practicable precautions to prevent or minimise—
harm being caused to Queensland’s marine and coastal environment; and
loss or damage to property.
Maximum penalty—200 penalty units.
A person to whom a direction is given does not contravene this Act merely because the person complies with the direction.
(sec.96-ssec.1) An authorised officer may give a written direction to a person to release a pollutant into coastal waters if the officer is satisfied— it is necessary and reasonable to release the pollutant because of an emergency; and there is no other practicable alternative to the release.
(sec.96-ssec.2) The authorised officer may impose reasonable conditions on the direction.
(sec.96-ssec.3) A person to whom a direction is given must— comply with the direction, unless the person has a reasonable excuse; and take all reasonable and practicable precautions to prevent or minimise— harm being caused to Queensland’s marine and coastal environment; and loss or damage to property. Maximum penalty—200 penalty units.
(sec.96-ssec.4) A person to whom a direction is given does not contravene this Act merely because the person complies with the direction.
- (a) it is necessary and reasonable to release the pollutant because of an emergency; and
- (b) there is no other practicable alternative to the release.
- (a) comply with the direction, unless the person has a reasonable excuse; and
- (b) take all reasonable and practicable precautions to prevent or minimise— (i) harm being caused to Queensland’s marine and coastal environment; and (ii) loss or damage to property.
- (i) harm being caused to Queensland’s marine and coastal environment; and
- (ii) loss or damage to property.
- (i) harm being caused to Queensland’s marine and coastal environment; and
- (ii) loss or damage to property.