Queensland Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

MARINE PARKS ACT 2004 - SECT 99

99 Inspector's power to give directions

(1) This section applies if an inspector reasonably believes urgent action is needed to deal with an emergency involving a marine park and—

(a) a serious risk to the park's environment or use and non-use values; or
(b) a risk of injury or illness to a person; or
(c) the safety of a person's property.

(2) If it is reasonably necessary for dealing with the emergency, the inspector may give a person a direction regulating or prohibiting the person's entry to or use of the park.

(3) Without limiting subsection (2), the inspector may give a person in control of a vessel, vehicle or aircraft in the park a direction—

(a) regulating or prohibiting the driving, riding, parking, mooring or use of the vessel, vehicle or aircraft in the park; or
(b) requiring the person to remove the vessel, vehicle or aircraft from the park within a stated reasonable period.

(4) Also, without limiting subsection (2), the inspector may give a person responsible for abandoned, stranded, sunk or wrecked property in the park a direction requiring the person, within a stated reasonable period, to take stated reasonable action for all or any of the following—

(a) securing the property's safety or removing or salvaging the property;
(b) repairing or remedying any condition caused directly or indirectly by the abandonment, stranding, sinking or wrecking;
(c) preventing or minimising any impacts likely to arise, directly or indirectly, from the abandonment, stranding, sinking or wrecking.

(5) Subsections (2) to (4) apply whether or not the direction is inconsistent with an authority held by the person.

(6) A direction may be given orally, in writing or in another way that sufficiently shows the inspector's intention.

Example—
by use of a sign or signal

(7) The person to whom the direction is given must comply with it, unless the person has a reasonable excuse.

Maximum penalty—200 penalty units.

(8) It is not a reasonable excuse that the person holds an authority that is inconsistent with the direction.

(9) In this section—

reasonable period, in urgent circumstances, includes immediately.



[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]