(1)  On a finding of guilt for an apparatus offence committed entirely or partially in a special protected area, a court must impose a special penalty equal to –

(a) 2 penalty units for each rock lobster pot used or possessed in the commission of the offence; and

(b) 2 penalty units for each 50 metres of net used or possessed in the commission of the offence.

(1A)  On a finding of guilt for an apparatus offence committed entirely in an area that is not a special protected area, a court must impose a special penalty equal to 2 penalty units for –

(a) each unauthorised rock lobster pot used or possessed in the commission of the offence; and

(b) each 50 metres of unauthorised net used or possessed in the commission of the offence; and

(c) each unauthorised prescribed apparatus used or possessed in the commission of the offence.

(2)  A court must not reduce or suspend a special penalty for any reason.

(3)  In this section –

apparatus offence means an offence under this Act or rules or regulations made under this Act relating to the use or possession of apparatus;

protected area means –

(a) a marine resources protected area; or

(b) reserved land under the Nature Conservation Act 2002 ; or

(c) a prescribed area of State waters;

special protected area , in relation to an apparatus offence, means a protected area in which –

(a) fishing of any kind is unlawful; or

(b) fishing that is ordinarily carried out by means of apparatus of the kind used or possessed in connection with the offence is unlawful;

unauthorised , in relation to the use or possession of apparatus, means use or possession that is not sanctioned by an authorisation.