New South Wales Consolidated Regulations

FISHERIES MANAGEMENT (AQUATIC RESERVES) REGULATION 2002 - REG 12A

12A Construction, operation or use of slipway prohibited

(1) A person must not construct, use or operate a jetty or slipway in the Reserve.

Maximum penalty: 100 penalty units in the case of a corporation, 50 penalty units in any other case.

(2) Subclause (1) does not apply in relation to a jetty or slipway:

(a) lawfully constructed before, and in existence immediately before, the commencement of this clause, or

(b) the subject of a development consent that was granted under the Environmental Planning and Assessment Act 1979 before the commencement of this clause and remains in force.

(3) If a jetty or slipway is constructed by a person in contravention of this clause, the Director-General may, by order in writing given to the person, require that person to remove or dismantle the jetty or slipway within a period specified in the order.

(4) The method by which the jetty or slipway is to be removed or dismantled may be specified in the order.

(5) A person who fails to comply with an order given under subclause (3) is guilty of an offence.

Maximum penalty: 100 penalty units in the case of a corporation, 50 penalty units in any other case.

(6) If an order given under subclause (3) is not complied with within the period specified in it, the Director-General may cause the work specified in the order to be carried out.

(7) Action may be taken against a person under subclause (3) or (5) regardless of whether the person has been charged with having committed an offence under subclause (1).