New South Wales Consolidated Regulations

MARINE PARKS (ZONING PLANS) REGULATION 1999 - REG 1.42

1.42 Defences relating to harm to animals, plants or habitat

(1) It is a defence to a prosecution for an offence under this Regulation relating to the taking of fish in a habitat protection zone, general use zone or special purpose zone of a marine park if the person charged satisfies the court that:

(a) the taking of the fish occurred in the carrying out of an activity that was a lawful activity for that part of the marine park, and

(b) on becoming aware of the taking of the fish, the person took immediate steps to return the fish to its natural environment with the least possible injury.

(2) It is a defence to a prosecution for an offence under this Regulation relating to the harm of any animal or plant, or damaging, taking or interfering with any habitat, in a marine park if the person charged satisfies the court that the act or omission constituting the offence was a routine activity in connection with a lawful activity (unless it is an activity of a kind the zoning plan for the marine park concerned declares is not a routine activity for the purposes of this clause).