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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION REGULATIONS 2000 - REG 12.36 Commercial activities

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION REGULATIONS 2000 - REG 12.36

Commercial activities

  (1)   A person commits an offence if the person carries out a commercial activity in a Commonwealth reserve.

Penalty:   50 penalty units.

Note:   Subsection   354(1) of the Act provides that a person must not do particular acts in a Commonwealth reserve except in accordance with a management plan in operation for the reserve. Section   354A of the Act sets out offences in relation to those particular acts.

  (2)   For subregulation   (1), an activity is taken to be carried out in a Commonwealth reserve if:

  (a)   the activity is carried out in airspace between the reserve and 3   000 metres above mean sea level; or

  (b)   it results in a commercial activity being carried out in the reserve, whether or not the activity took place in the reserve.

  (3)   However, subregulation   (1) does not apply to a person who is:

  (a)   carrying out licensed commercial fishing operations in accordance with regulation   12.34; or

  (b)   travelling:

  (i)   on a merchant vessel in passage through a marine area; or

  (ii)   on an aircraft using an approved flight path for an approach to landing at, or for departure from, an airport.

  (4)   An offence under subregulation   (1) is an offence of strict liability.