GREAT BARRIER REEF MARINE PARK ACT 1975 - SECT 38CA Conduct in unzoned area: offence

GREAT BARRIER REEF MARINE PARK ACT 1975 - SECT 38CA

  (1)   A person commits an offence if the person engages in any of the following conduct in the unzoned area:

  (a)   building, assembling or fixing in position:

  (i)   a building or similar structure; or

  (ii)   a pontoon or other floating structure; or

  (iii)   a walkway, mooring facility or similar structure; or

  (iv)   a device for catching marine animals;

  (b)   operating a vessel (see subsection   (3)) with provision for more than 8 sleeping berths in the one vicinity for more than:

  (i)   14 consecutive days; or

  (ii)   30 days in any period of 60 days;

  (c)   carrying out reclamation work, beach protection work, road building work or any other work;

  (d)   constructing a landing area;

  (e)   constructing a farming facility;

  (f)   conducting operations in or on, or maintaining:

  (i)   a building or similar structure; or

  (ii)   a pontoon or other floating structure; or

  (iii)   a walkway, mooring facility or similar structure;

  (g)   maintaining a device for catching marine animals;

  (h)   demolishing or removing:

  (i)   a building or similar structure; or

  (ii)   a pontoon or other floating structure; or

  (iii)   a walkway, mooring facility or similar structure;

and the person is not authorised to engage in the conduct by:

  (i)   a permission granted under the regulations for the purposes of this section; or

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

Penalty:

  (a)   for an aggravated offence--imprisonment for 3 years or 2,000 penalty units, or both; or

  (b)   in any other case--1,000 penalty units.

Note:   See also Division   8.

  (2)   Strict liability applies to the physical element of circumstance in subsection   (1), that the person engages in the conduct in the unzoned area.

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

  (3)   The references in subsection   (1) and section   38CB to operating a vessel include references to the following:

  (a)   conducting operations in or on the vessel;

  (b)   using the vessel as a base for carrying on other activities;

  (c)   carrying out maintenance of the vessel.