NATIONAL PARKS ACT 1975 - SECT 45A Fishing offences in marine national parks and marine sanctuaries

NATIONAL PARKS ACT 1975 - SECT 45A

    (1)     A person must not, in a marine national park or a marine sanctuary, take or attempt to take fish or fishing bait for sale.

Penalty:     200 penalty units or 12 months imprisonment or both, in the case of a natural person.

400 penalty units, in the case of a body corporate.

S. 45A(2) amended by No. 57/2006 s. 5(1).

    (2)     A person must not, in a marine national park or a marine sanctuary, take or attempt to take fish or fishing bait unless that person does so under and in accordance with a permit granted under section 21A.

Penalty:     60 penalty units or 6 months imprisonment or both.

S. 45A(2A) inserted by No. 57/2006 s. 5(2).

    (2A)     A person must not, in a marine national park or a marine sanctuary, use recreational fishing equipment.

Penalty:     40 penalty units.

S. 45A(2B) inserted by No. 35/2010 s. 6(1).

    (2B)     A person must not, in a marine national park or a marine sanctuary, use commercial fishing equipment.

Penalty:     200 penalty units or 12 months imprisonment or both, in the case of a natural person.

400 penalty units, in the case of a body corporate.

    (3)     A person must not, in a marine national park or a marine sanctuary—

        (a)     use, form or create a habitat (whether natural or artificial or partly natural and partly artificial) for hatching, rearing, breeding, displaying or growing fish or fishing bait; or

        (b)     hatch, breed, display or grow fish or fishing bait.

Penalty:     100 penalty units or 6 months imprisonment or both, in the case of a natural person.

200 penalty units, in the case of a body corporate.

    (4)     A person must not, in a prescribed area of the park described in Part 2 of Schedule Seven, be in charge of a boat—

        (a)     that is of a prescribed class of boats; or

        (b)     that is carrying equipment that is of a prescribed class of equipment.

Penalty:     100 penalty units or 6 months imprisonment or both, in the case of a natural person.

200 penalty units, in the case of a body corporate.

S. 45A(4A) inserted by No. 57/2006 s. 5(3).

    (4A)     Subsection (4) does not apply to a person who is acting under and in accordance with an authorisation in writing of the Minister.

S. 45A(4B) inserted by No. 57/2006 s. 5(3).

    (4B)     For the purposes of subsection (4A), the Minister may issue an authorisation in writing and may impose conditions on that authorisation.

    (5)     A person must not, in a marine national park or a marine sanctuary, have in the person's possession or the person's charge a boat carrying a priority species.

Penalty:     100 penalty units or 6 months imprisonment or both, in the case of a natural person.

200 penalty units, in the case of a body corporate.

S. 45A(5A) inserted by No. 35/2010 s. 6(2).

    (5A)     Subsection (5) does not apply to a person who—

        (a)     is in possession or in charge of a boat that is specified in a Rock Lobster Fishery Access Licence and that is carrying rock lobster; and

        (b)     is acting under and in accordance with that licence.

    (6)     It is a defence in any proceedings for an offence against subsection (5) if the person charged with the offence proves that the boat was travelling by the shortest practicable route from a point outside the park to another point outside the park.

S. 45A(6A) inserted by No. 57/2006 s. 5(4).

    (6A)     A person must not, in waters in a marine national park or a marine sanctuary, have in the person's possession a priority species.

Penalty:     100 penalty units or 6 months imprisonment or both, in the case of a natural person;

200 penalty units, in the case of a body corporate.

S. 45A(6B) inserted by No. 57/2006 s. 5(4).

    (6B)     Subsection (6A) does not apply to a person who is on a boat in waters in a marine national park or a marine sanctuary.

S. 45A(6C) inserted by No. 35/2010 s. 6(3).

    (6C)     A person must not, in a marine national park or a marine sanctuary—

        (a)     anchor or moor a boat that is in his or her possession or charge; or

        (b)     allow a boat that is in his or her possession or charge to remain anchored or moored—

if that boat is carrying one or more rock lobster pots.

Penalty:     100 penalty units or 6 months imprisonment or both, in the case of a natural person.

200 penalty units, in the case of a body corporate.

    (7)     A licence, permit or other authority (however described) issued under the Fisheries Act 1995 does not authorise the holder to act in a manner that is prohibited by this section.

    (8)     An Order in Council, order, notice, direction or plan (however described) under the Fisheries Act 1995 does not authorise any person to act in a   manner that is prohibited by this section.

S. 45A(9) repealed by No. 64/2004 s. 16, new s. 45A(9) inserted by No. 57/2006 s. 5(5), repealed by No. 82/2009 s. 14, new s. 45A(9) inserted by No. 35/2010 s. 6(4).

    (9)     In this section, "use" includes attempt to use or assist in the use of.

S. 45A(10)–(12) repealed by No. 64/2004 s. 16.

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S. 45B inserted by No. 40/2002 s. 16.