GREAT BARRIER REEF MARINE PARK ACT 1975 - SECT 38BD Operation of fishing vessel in zone: offence

GREAT BARRIER REEF MARINE PARK ACT 1975 - SECT 38BD

Operation of a fishing vessel prohibited or done without permission

  (1)   A person commits an offence if:

  (a)   the person operates a vessel; and

  (b)   the person does so in a zone; and

  (c)   the vessel is a primary commercial fishing vessel; and

  (d)   the vessel is an Australian vessel; and

  (e)   the vessel is authorised, under a law of the Commonwealth or of a State (including by a licence granted under such a law), to fish using a particular fishing method or particular fishing apparatus; and

  (f)   under the zoning plan for the zone, fishing using that method or apparatus:

  (i)   is prohibited; or

  (ii)   requires permission; and

Note:   Prohibited is defined in subsection   3(1).

  (g)   if it requires permission--the person is not authorised to fish using that method or apparatus by:

  (i)   a permission granted under the regulations for the purposes of the zoning plan; or

  (ii)   an authority given in accordance with a condition of a permission referred to in subparagraph   (i).

Penalty:   500 penalty units.

  (2)   Strict liability applies to paragraphs   (1)(b), (c), (f) and (g).

Note:   For strict liability, see section   6.1 of the Criminal Code .

  (3)   Absolute liability applies to paragraphs   (1)(d) and (e).

Note:   For absolute liability, see section   6.2 of the Criminal Code .

Defence--vessel is transiting or anchoring

  (4)   Subsection   (1) does not apply if:

  (a)   the vessel is transiting through the zone; or

  (b)   the vessel is anchored in the zone; or

  (c)   the vessel is transiting to a place where the vessel is to anchor or transiting from a place where the vessel has been anchored.

Note:   The defendant bears an evidential burden in relation to the matters in this subsection. See subsection   13.3(3) of the Criminal Code .

  (5)   For the purposes of subsection   (4), a vessel is only transiting if:

  (a)   the vessel is taking the most direct practicable route:

  (i)   through the zone to a destination outside the zone; or

  (ii)   to or from a place of anchor; and

  (b)   the vessel is maintaining a speed of at least 5 knots.

Defence--emergency or unavoidable accident

  (6)   Subsection   (1) does not apply if:

  (a)   the operation of the vessel in the zone:

  (i)   is reasonably necessary to deal with an emergency involving a serious threat to human life or property; or

  (ii)   is a result of an unavoidable accident, other than an accident caused by reckless or negligent behaviour; and

  (b)   the Authority is notified of the operation, and the emergency or accident, no more than 48 hours after the vessel was first operated in the zone.

Note:   The defendant bears an evidential burden in relation to the matters in this subsection. See subsection   13.3(3) of the Criminal Code .