(a) litter, soil, a noxious substance, refuse
or other matter (the
"polluting matter" ) is on land, in waters, on marine plants or in a fish
habitat; and
(b) it appears to the chief executive—
(i) that the
polluting matter has prevented, or may prevent, fishing activities and that it
is necessary or desirable for action to be taken about the polluting matter to
enable the fishing activities to be carried out; or
(ii) that the
polluting matter has had, or may have, an adverse effect on the quality or
productive capacity of a fishery or fish stocks and that it is necessary or
desirable for action to be taken about the polluting matter to protect or
restore the quality of productive capacity of the fishery or fish stocks; or
(iii) that the polluting matter has had, or may have, an adverse effect on the
quality or integrity of a fish habitat and that it is necessary or desirable
for action to be taken about the polluting matter to protect or restore the
quality or integrity of the fish habitat; or
(iv) that circumstances
prescribed by regulation exist in relation to the polluting matter and that it
is necessary or desirable for action to be taken about the polluting matter to
enable fishing activities to be carried out or to protect or restore the
quality, productive capacity or integrity of fisheries resources.
(2) The
chief executive may, by written notice, require the person who the chief
executive suspects on reasonable grounds is responsible for the presence of
the polluting matter to take specified action about the polluting matter
within the time and in the way (if any) specified in the notice.
(3) The
person must comply with the notice, unless the person has a reasonable excuse
for not complying with it.
Penalty—
Maximum penalty—2,000 penalty
units.
(4) If the person does not comply with the notice, the chief
executive may take action on any land or in any waters that the chief
executive considers reasonably necessary to ensure that the matters mentioned
in 1 or more of the subparagraphs of subsection (1) (b) are achieved.
(5) To
enable action to be taken under subsection (4) , the chief executive may
authorise persons, with or without vehicles, machinery, plant and equipment to
enter and stay on any land or in any waters.
(6) The costs reasonably
incurred by the chief executive in taking action under subsection (4) are a
debt payable by the person to the State.
(7) If the person is convicted of an
offence against subsection (3) , the court may, as well as imposing a penalty
for the offence, order the person to pay the amount of the costs to the State.
