sec.98Power of intervention

### sec.98 Power of intervention This section applies if the general manager is satisfied, following a maritime casualty or acts related to a maritime casualty, that there is a potentially serious danger to the Queensland coastline, or to related Queensland interests, from the discharge or threat of discharge of pollutant into coastal waters that may reasonably be expected to result in major harmful consequences. Without limiting subsection (1) , the general manager may take measures the general manager considers necessary to prevent, minimise or eliminate the danger, including, for example— taking action, whether or not directions have been issued under paragraph (b) in relation to the ship— to move the ship or part of the ship to another place; or to remove cargo from the ship; or to salvage the ship, part of the ship or any of the ship’s cargo; or to sink or destroy the ship or part of the ship; or to take over control of the ship or part of the ship; and issuing directions of the kind authorised by section 99 to— the ship’s owner; or the ship’s master; or any salvor in possession of the ship. The general manager must not exercise the general manager’s powers under subsection (2) (a) (iv) without the Minister’s written approval. This section does not authorise the taking of measures against a warship or other ship owned or operated by a foreign country and used, for the time being, only on government non-commercial service. The Minister and the general manager must, in and in relation to the exercise of a power under this section— act in accordance with section 100 ; and have regard to— the extent and probability of serious damage if the power is not exercised; and the likelihood of the exercise of the power being effective; and the extent of the damage likely to be caused by the exercise of the power. This section does not limit any other right or power the State has apart from this section. s 98 amd 2002 No. 29 s 16 sch 1 ; 2005 No. 49 s 40 (sec.98-ssec.1) This section applies if the general manager is satisfied, following a maritime casualty or acts related to a maritime casualty, that there is a potentially serious danger to the Queensland coastline, or to related Queensland interests, from the discharge or threat of discharge of pollutant into coastal waters that may reasonably be expected to result in major harmful consequences. (sec.98-ssec.2) Without limiting subsection (1) , the general manager may take measures the general manager considers necessary to prevent, minimise or eliminate the danger, including, for example— taking action, whether or not directions have been issued under paragraph (b) in relation to the ship— to move the ship or part of the ship to another place; or to remove cargo from the ship; or to salvage the ship, part of the ship or any of the ship’s cargo; or to sink or destroy the ship or part of the ship; or to take over control of the ship or part of the ship; and issuing directions of the kind authorised by section 99 to— the ship’s owner; or the ship’s master; or any salvor in possession of the ship. (sec.98-ssec.3) The general manager must not exercise the general manager’s powers under subsection (2) (a) (iv) without the Minister’s written approval. (sec.98-ssec.4) This section does not authorise the taking of measures against a warship or other ship owned or operated by a foreign country and used, for the time being, only on government non-commercial service. (sec.98-ssec.5) The Minister and the general manager must, in and in relation to the exercise of a power under this section— act in accordance with section 100 ; and have regard to— the extent and probability of serious damage if the power is not exercised; and the likelihood of the exercise of the power being effective; and the extent of the damage likely to be caused by the exercise of the power. (sec.98-ssec.6) This section does not limit any other right or power the State has apart from this section. - (a) taking action, whether or not directions have been issued under paragraph (b) in relation to the ship— (i) to move the ship or part of the ship to another place; or (ii) to remove cargo from the ship; or (iii) to salvage the ship, part of the ship or any of the ship’s cargo; or (iv) to sink or destroy the ship or part of the ship; or (v) to take over control of the ship or part of the ship; and - (i) to move the ship or part of the ship to another place; or - (ii) to remove cargo from the ship; or - (iii) to salvage the ship, part of the ship or any of the ship’s cargo; or - (iv) to sink or destroy the ship or part of the ship; or - (v) to take over control of the ship or part of the ship; and - (b) issuing directions of the kind authorised by section 99 to— (i) the ship’s owner; or (ii) the ship’s master; or (iii) any salvor in possession of the ship. - (i) the ship’s owner; or - (ii) the ship’s master; or - (iii) any salvor in possession of the ship. - (i) to move the ship or part of the ship to another place; or - (ii) to remove cargo from the ship; or - (iii) to salvage the ship, part of the ship or any of the ship’s cargo; or - (iv) to sink or destroy the ship or part of the ship; or - (v) to take over control of the ship or part of the ship; and - (i) the ship’s owner; or - (ii) the ship’s master; or - (iii) any salvor in possession of the ship. - (a) act in accordance with section 100 ; and - (b) have regard to— (i) the extent and probability of serious damage if the power is not exercised; and (ii) the likelihood of the exercise of the power being effective; and (iii) the extent of the damage likely to be caused by the exercise of the power. - (i) the extent and probability of serious damage if the power is not exercised; and - (ii) the likelihood of the exercise of the power being effective; and - (iii) the extent of the damage likely to be caused by the exercise of the power. - (i) the extent and probability of serious damage if the power is not exercised; and - (ii) the likelihood of the exercise of the power being effective; and - (iii) the extent of the damage likely to be caused by the exercise of the power.