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FISH RESOURCES MANAGEMENT ACT 1994 - SECT 255

FISH RESOURCES MANAGEMENT ACT 1994 - SECT 255

255 .         Activities that pollute waters, Minister may prohibit

        (1)         The Minister may, by notice in writing served on any person, prohibit the person from engaging in any activity if in the Minister’s opinion the activity is polluting, or is likely to pollute, the aquatic environment.

        (2)         A notice under this section —

            (a)         may apply generally or at specified times or in specified circumstances; and

            (b)         remains in force for such period as is specified or, if no period is specified, until revoked; and

            (c)         may be varied or revoked at any time by the Minister by notice in writing served on the person.

        (3)         A person must not contravene a notice served on the person under this section.

        Penalty: In the case of an individual, $25 000 or, in the case of a body corporate, $50 000.

        (4)         If a court convicts a person of an offence against subsection (3), the court may, in addition to any penalty imposed under that subsection, order the person to pay compensation for any damage or loss caused by the offence to any person.

        (5)         A person aggrieved by a notice given to the person under this section may apply to the State Administrative Tribunal for a review of the giving of that notice.

        [Section 255 amended: No. 55 of 2004 s. 392.]