Commonwealth Consolidated Acts

GREAT BARRIER REEF MARINE PARK ACT 1975 - SECT 38EB

             (1)  A person who is authorised to do something by:

                     (a)  a permission granted under the regulations for the purposes of a provision of this Act or of a zoning plan; or

                     (b)  an authority given in accordance with a condition of a permission referred to in paragraph (a);

must not engage in conduct that contravenes a condition of the permission.

Civil penalty:

                     (a)  for an aggravated contravention by an individual--2,000 penalty units; or

                     (b)  for an individual in any other case--1,000 penalty units; or

                     (c)  for an aggravated contravention by a body corporate--20,000 penalty units; or

                     (d)  for a body corporate in any other case--10,000 penalty units.

             (2)  Subsection (1) does not apply to the discharge of waste from a vessel or aircraft if:

                     (a)  the waste is fresh fish, or parts of fresh fish, caught in the Marine Park; and

                     (b)  the waste is not discharged in a part of the Marine Park specified in the regulations for the purposes of this paragraph.

             (3)  Subsection (1) does not apply to the discharge of waste from a vessel, aircraft or platform if any of the following apply:

                     (a)  it was for the purpose of securing the safety of the vessel, aircraft or platform;

                     (b)  it was for the purpose of saving life at sea;

                     (c)  it was for the purpose of combating a specific incident of pollution in order to minimise the damage from pollution and had been approved by:

                              (i)  a prescribed officer within the meaning of subsection 3(2) of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 ; or

                             (ii)  the Authority under section 38DE.