Queensland Consolidated Acts

MARINE PARKS ACT 2004 - SECT 109

(1) This section applies if an inspector reasonably believes—

(a) a person has failed to comply with a compliance notice, direction given under section 99 or enforcement order; or

(b) urgent action is needed to deal with an emergency involving a marine park and a serious risk to—

(i) the park's environment or use and non-use values; or

(ii) the safety of a person or a person's property.

(2) The inspector may take the action (other than seizing and removing abandoned, stranded, sunk or wrecked property) the inspector considers appropriate to do all or any of the following—

(a) repair or remedy any condition caused by the noncompliance or emergency;

(b) mitigate any damage caused by the noncompliance or emergency;

(c) prevent any damage the inspector reasonably considers is likely to arise from the noncompliance or emergency.

Examples of action the inspector may take—

1 investigate or monitor any condition, or any action taken to repair, remedy, mitigate or prevent damage, caused by the noncompliance or emergency

2 rehabilitate or restore a marine park to its condition before the noncompliance or emergency

3 treat, remove, destroy, house or otherwise protect animals or plants affected or likely to be affected by the noncompliance or emergency

4 carry out works

Note—

See sections 100 and 103 for inspectors' powers to remove abandoned, stranded, sunk or wrecked property.

(3) Subsection (2) applies whether or not the action is inconsistent with an authority held by a person.

(4) The costs reasonably incurred in taking the action because of a person's noncompliance with a compliance notice, direction given under section 99 or enforcement order are a debt payable by the person to the State.

Note—

For inspectors' obligations in exercising powers under this section, and a person's right to compensation for damage caused in the exercise of a power, see sections 86 to 88.