Tasmanian Consolidated Acts

POLLUTION OF WATERS BY OIL AND NOXIOUS SUBSTANCES ACT 1987 - SECT 25J

      (1) The Minister may, by emergency declaration, declare that a State law is of no effect to such extent (either as to scope or area or both) and for such period (not exceeding 14 days) as is specified in the declaration if the Minister is satisfied on reasonable grounds that –

(a) a maritime casualty, or other incident, involving the actual or imminent discharge of a marine pollutant into State waters has occurred; and

(b) the incident, by its nature or magnitude, constitutes a grave and imminent threat to  –

(i) State waters, the coastline or another part of the State's physical environment; or

(ii) the related interests of the State; and

(c) urgent action must be taken to deal with the incident; and

(d) the State law is inconsistent with, or would impede, the taking of that action.

      (2) The Minister is not required to engage in consultation about the declaration.

      (3) The declaration must identify the incident and describe the nature of the emergency.

      (4) The declaration has effect according to its terms.

      (5) The declaration expires 14 days after it is gazetted unless it is sooner revoked by the Minister.

      (6) The Minister must revoke the declaration before its date of expiry if the Minister is satisfied that the emergency has passed, or abated to such an extent that the declaration is no longer warranted.

      (7) The declaration, and notice of the revocation of the declaration under subsection (6) –

(a) must be published in the Gazette; and

(b) may be published in such other ways as the Minister sees fit.

      (8) The Minister must cause a copy of the declaration to be laid before each House of Parliament within the first 3 sitting days of that House after the declaration is gazetted, whether or not the declaration has expired or been revoked.

      (9) Either House of Parliament may pass a motion to disallow the declaration if it has not already expired or been revoked.

      (10) Disallowance of the declaration under subsection (9) renders it void but does not affect the validity of anything done under the declaration before the passing of the motion of disallowance.

      (11) If a House of Parliament passes a motion to disallow the declaration, the Clerk of the House must cause notice of the motion to be  –

(a) given to the Minister immediately; and

(b) published in the Gazette as soon as practicable.

      (12) In this section,

"State law" means a law of the State, or a council by-law, relating to the State's physical environment.