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GREAT BARRIER REEF MARINE PARK ACT 1975 - SECT 38EB Conduct contravening condition of permission or authority: civil penalty provision

GREAT BARRIER REEF MARINE PARK ACT 1975 - SECT 38EB

Conduct contravening condition of permission or authority: civil penalty provision

  (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.