(1)  The Minister, by notice in writing, may require a person to take any specified action in a manner and within a period specified in the notice –

(a) if the person is suspected on reasonable grounds to have put any litter, soil, noxious matter, refuse or other matter on any land or in any water relating to a fish habitat, to protect or restore –

(i) a species or class of fish; and

(ii) the physical integrity of the fish habitat; and

(iii) the quality of the fish habitat; and

(b) if the person is suspected on reasonable grounds to have removed any soil, rocks, sand or other material from the seabed to replace the soil, rocks, sand or other material.

(2)  The Minister may only give a notice if satisfied that –

(a) the litter, soil, noxious matter, refuse or other matter –

(i) has obstructed, or is likely to obstruct, the use of a fishery; or

(ii) has had, or is likely to have, an adverse effect on a fishery or the quality and integrity of a fish habitat; and

(b) it is necessary or desirable that action be taken to protect or restore –

(i) the species or class of fish; or

(ii) the physical integrity of the fish habitat; or

(iii) the quality of the fish habitat; and

(c) it is necessary or desirable that action be taken to replace any soil, rocks, sand and other material removed from the seabed.

(3)  A person must not contravene a notice.

Penalty:  Fine not exceeding 1 000 penalty units or imprisonment for a term not exceeding one year, or both, and a daily fine not exceeding 10 penalty units.

(4)  It is a defence in proceedings under subsection (3) if the defendant establishes that he or she–

(a) was not the person who carried out any activity referred to in subsection (1) (a) or (b) ; or

(b) carried out any activity with lawful authority.