Commonwealth Consolidated Regulations

GREAT BARRIER REEF MARINE PARK REGULATIONS 2019 - REG 62

Offence by master of vessel, or licence or permission holder

  (1)   A person commits an offence of strict liability if:

  (a)   the person:

  (i)   is the master of a primary commercial fishing vessel; or

  (ii)   holds a licence or other permission (however described) in force under a Commonwealth, State or Territory law permitting a primary commercial fishing vessel to be used to take fish; and

  (b)   a dory is used in association with the primary vessel; and

  (c)   when the dory is in a non - fishing area of the Marine Park, the person does not have the dory under tow by, or otherwise attached to, the primary vessel with which the dory is licensed or used.

Note:   For defences to this subsection, see subsection   (3).

Penalty:   50 penalty units.

Offence by person on dory

  (2)   A person commits an offence of strict liability if:

  (a)   the person is in, or on, a dory that is in a non - fishing area of the Marine Park; and

  (b)   the dory is not under tow by, or otherwise attached to, the primary commercial fishing vessel with which the dory is licensed or used.

Note:   For defences to this subsection, see subsection   (3).

Penalty:   50 penalty units.

Exception

  (3)   Subsections   (1) and (2) do not apply in relation to a dory if, throughout the period during which the dory was detached from the relevant primary commercial fishing vessel while the dory was in a non - fishing area of the Marine Park:

  (a)   the dory:

  (i)   was in the area described in Part   6 of Schedule   1 to the Zoning Plan as MNP - 13 - 1015 (Night Island); and

  (ii)   stayed within 500 metres of a fishing industry service vessel for which a permission is in force; or

  (b)   both of the following applied in relation to the dory:

  (i)   the dory was engaged in rescuing, or attempting to rescue, an endangered person, or the dory was providing assistance to an endangered aircraft, vessel or other structure to prevent or mitigate the occurrence of damage to the environment or to the aircraft, vessel or structure;

  (ii)   any equipment on the dory normally used for fishing (within the meaning of the Act) was stowed or secured; or

  (c)   all of the following applied in relation to the dory:

  (i)   the dory was engaged in transporting a person on a direct journey from land to the primary vessel, or from the primary vessel to land;

  (ii)   at all times during the journey, the primary vessel remained within 1 nautical mile of both the dory and the land (not including any coral reefs);

  (iii)   any equipment on the dory normally used for fishing (within the meaning of the Act) was stowed or secured.

Note:   A defendant bears an evidential burden in relation to a matter mentioned in this subsection   (see subsection   13.3(3) of the Criminal Code ).