Commonwealth Consolidated Acts

GREAT BARRIER REEF MARINE PARK ACT 1975 - SECT 38F

             (1)  A person must not intentionally carry on any of the following activities in the unzoned area:

                     (a)  the building, assembling or fixing in position of:

                              (i)  buildings or similar structures;

                             (ii)  pontoons or other floating structures;

                            (iii)  walkways, mooring facilities or similar structures; or

                            (iv)  devices for catching marine animals;

                     (b)  the operating in the one vicinity for more than:

                              (i)  14 consecutive days; or

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

                            of vessels with provision for more than 8 sleeping berths;

                     (c)  the carrying out of reclamation works, beach protection works, road building works or any other works;

                     (d)  the construction of landing areas;

                     (e)  the construction of farming facilities;

                      (f)  the conduct of operations in or upon, or the maintenance of:

                              (i)  buildings or similar structures;

                             (ii)  pontoons or other floating structures; or

                            (iii)  walkways, mooring facilities or similar structures;

                     (g)  the maintenance of any device for catching marine animals;

                     (h)  the demolition or removal of any:

                              (i)  buildings or similar structures;

                             (ii)  pontoons or other floating structures; or

                            (iii)  walkways, mooring facilities or similar structures;

unless:

                      (j)  the carrying on of the activity is authorised by a permission granted to the person under the regulations, being a permission of a kind declared by the regulations to be a permission to which this section applies; or

                     (k)  the carrying on of the activity is authorised by an authority given to the person in accordance with a condition to which such a permission is subject.

Penalty:  200 penalty units.

Note:          If a body corporate is convicted of an offence, subsection 4B(3) of the Crimes Act 1914 allows a court to impose a fine of an amount that is not greater than 5 times the maximum fine that could be imposed by a court on an individual convicted of the same offence.

             (2)  The reference in subsection (1) to the operating of a vessel includes a reference to:

                     (a)  the conduct of operations in or upon the vessel;

                     (b)  the use of the vessel as a base for carrying on other activities; and

                     (c)  the carrying out of maintenance of the vessel.