Australian Capital Territory Consolidated Acts

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LAKES ACT 1976 - SECT 21

Prohibition of use of lake area or parts of lake

    (1)     Subject to subsection (3), the Minister may, by notice published in a newspaper circulating in the Territory, prohibit entry to a lake area.

    (2)     Subject to subsection (3), the Minister may, by notice published in a newspaper circulating in the Territory, declare an area of a lake to be a prohibited area.

    (3)     The Minister shall not prohibit entry to a lake or declare an area of a lake to be a prohibited area unless—

        (a)     the condition of the waters of a lake or that area, as the case may be, is such as to constitute a threat to the health of a person entering those waters; or

        (b)     the prohibition or declaration is reasonably necessary in connection with the maintenance or preservation of a lake or the maintenance, preservation or testing of an associated work; or

        (c)     the chief police officer has given to the Minister a certificate in writing stating that the prohibition or declaration, as the case may be, is reasonably necessary to enable police officers to carry out their duties in a lake or in a lake area; or

        (d)     by reason of an emergency in a lake or a lake area, it is necessary or desirable to do so; or

        (e)     to do so is otherwise in the public interest.

    (4)     The Minister may cause a boundary of a prohibited area to be defined by such means as he or she thinks necessary.

    (5)     A person commits an offence if—

        (a)     the person enters, or remains in, a lake area; and

        (b)     entry to the area is prohibited under subsection (1); and

        (c)     an inspector has told the person that entry to the area is prohibited.

Maximum penalty: 50 penalty units.

    (6)     A person commits an offence if—

        (a)     the person enters, or remains in, a prohibited area of a lake; and

        (b)     an inspector has told the person that—

              (i)     the area is a prohibited area; and

              (ii)     the person must not enter, or remain in, the area.

Maximum penalty: 50 penalty units.

    (7)     An offence against this section is a strict liability offence.



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