Document ID: chunk:federal_register_of_legislation:F2024C01022:reg:167
Version: federal_register_of_legislation:F2024C01022
Segment Type: reg
Provision Reference: reg 167
Character Range: 257463–259793

167  Removal of property

Ordering removal of property
 (1) The Authority may, in writing, order a person mentioned in subsection (2):
 (a) to remove property from the Marine Park if the property has been abandoned, sunk or wrecked; or
 (b) to remove property from the Marine Park if there is not in force, or is no longer in force, a permission granted by the Authority for an activity that involves the property; or
 (c) to take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of abandoned, sunk or wrecked property; or
 (d) to remove property from the Marine Park that may cause damage to the Marine Park.
Note: It an offence to contravene the order (see subsection (5) of this section and section 38DC of the Act).

Order to be served on responsible person
 (2) The order must be served on any one of following persons (the responsible person) that the Authority is satisfied is appropriate:
 (a) the owner of the property;
 (b) the person who has control of the property;
 (c) the person who caused the property to be in the Marine Park;
 (d) the person who last held a permission under Part 3.

When responsible person is unable to be located
 (3) If the Authority is unable to locate the responsible person within a reasonable period, the Authority may publish a notice in accordance with subsection (4):
 (a) on its website; and
 (b) in a daily newspaper that is circulated in Queensland.
 (4) The notice must:
 (a) describe the property; and
 (b) identify, as appropriate:
 (i) the place where the property is located (as accurately as practicable); or
 (ii) the person from whom the property can be recovered; and
 (c) order the responsible person to do either or both of the following:
 (i) remove the property from the Marine Park within a reasonable period specified in the order;
 (ii) take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of the abandoned, sunk or wrecked property; and
 (d) state that, if action is not taken to satisfy the order, the Minister may deal with the matter under section 61A of the Act.

Offence for contravening order
 (5) An order under subsection (1) or paragraph (4)(c) is declared to be an order to which section 38DC of the Act applies.
Note: That section creates an offence for contravening the order.