Commonwealth Consolidated Acts

GREAT BARRIER REEF MARINE PARK ACT 1975 - SECT 61ACA

Application of this section

  (1)   This section applies if the Authority is satisfied that circumstances exist amounting to an emergency that poses a serious risk to the environment in the Marine Park.

Emergency directions

  (2)   The Authority may make a direction (an emergency direction ) requiring a particular person, persons of a particular class, or persons generally, to take, or not to take, specified action for the purposes of avoiding, mitigating or eliminating the risk.

  (3)   An emergency direction that applies to a particular person does not have to be in writing, but must be communicated to the person to whom it applies. An emergency direction other than a direction that applies to a particular person must be in writing and a copy of the direction must be published on the website of the Authority as soon as practicable after the direction is made.

Relevant matters

  (4)   The Authority must not make an emergency direction unless:

  (a)   the Minister has consented to the making of the direction; and

  (b)   the Authority is satisfied that the direction is necessary and appropriate for the purposes of avoiding, mitigating or eliminating the risk; and

  (c)   if the circumstances include an incident involving a vessel--the Authority is satisfied that the direction is not inconsistent with Articles III and V of the International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties, done at Brussels on 29   November 1969 [1984] ATS 4.

Note:   The text of the Convention is set out in Australian Treaty Series 1984 No.   4. In 2008, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).

Examples of emergency directions

  (5)   The following are examples of emergency directions the Authority may make:

  (a)   a direction regulating or prohibiting the entry or use of a vessel, vehicle or aircraft in the Marine Park or a part of the Marine Park;

  (b)   a direction that a person remove a vessel, vehicle or aircraft from the Marine Park or a part of the Marine Park;

  (c)   a direction that a person responsible for abandoned, stranded, sunk or wrecked property take any action reasonably necessary to avoid, mitigate or eliminate risk arising from the presence of the property in the Marine Park.

When emergency directions have effect

  (6)   An emergency direction:

  (a)   takes effect on the day the direction is made; and

  (b)   continues in effect until the earlier of:

  (i)   the end of the period (if any) specified in the direction (which must end no later than 2 months after the day the direction is made); or

  (ii)   the day that is 2 months after the day the direction is made.

Variation and revocation

  (7)   The Authority may vary or revoke an emergency direction:

  (a)   in the same manner as an emergency direction may be made; and

  (b)   subject to the conditions that apply to the making of an emergency direction (for this purpose, subsection   (1) and paragraph   (4)(b) are not conditions); and

  (c)   subject to the Authority being satisfied that the variation or revocation would not be inconsistent with the purposes of avoiding, mitigating or eliminating the risk in relation to which the direction was made.

Emergency directions are not legislative instruments

  (8)   If a direction under subsection   (2) is made in writing, the direction is not a legislative instrument.