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GREAT BARRIER REEF MARINE PARK AMENDMENT ACT 1988 No. 105 of 1988 - SECT 14

14. After section 38 of the Principal Act the following sections are inserted:
Zones to be used only for permitted purposes

"38A. A person shall not use or enter a zone for a purpose other than a
purpose that is permitted under the zoning plan that relates to that zone.
Penalty:

   (a)  if the offender is a natural person-$10,000; or

   (b)  if the offender is a body corporate-$50,000. Permission requirements
        to be observed-zoned area

"38B. (1) Where, under a zoning plan, a zone may not be used or entered for a
particular purpose except with the permission of:

   (a)  the responsible agency within the meaning of the plan; or

   (b)  the Authority;
a person shall not use or enter the zone for that purpose unless:

   (c)  the use or entry is authorised by a permission granted to the person
        under the regulations, being a permission of a kind declared by the
        regulations to be a permission to which this section applies; or

   (d)  the use or entry is authorised by an authority given to the person in
        accordance with a condition to which such a permission is subject.
Penalty:

   (e)  if the offender is a natural person-$10,000; or

   (f)  if the offender is a body corporate-$50,000.

"(2) Subsection (1) does not apply in such circumstances as are prescribed,
being circumstances relating to:

   (a)  conduct engaged in during:

        (i)    the period of 120 days after the day on which the zoning plan
               concerned comes into operation; or

        (ii)   the period of 120 days after the day on which an amendment of
               the zoning plan concerned comes into operation; or

   (b)  conduct engaged in by a person after the end of that period where the
        person applied for permission of a kind referred to in subsection (1)
        during that period. Contravening conditions of permission or
        authority-zoned area

"38C. Where a permission or authority referred to in section 38B is subject to
conditions, a person to whom those conditions apply shall not contravene those
conditions.
Penalty:

   (a)  if the offender is a natural person-$10,000; or

   (b)  if the offender is a body corporate-$50,000. Notification requirements
        to be observed-zoned area

"38D. Where, under a zoning plan, a zone may not be used or entered for a
particular purpose except after notification to:

   (a)  the responsible agency within the meaning of the plan; or

   (b)  the Authority; a person shall not use or enter the zone for that
        purpose unless the person has notified the Authority that the person
        proposes to use or enter the zone for that purpose.
Penalty:

   (c)  if the offender is a natural person-$10,000; or

   (d)  if the offender is a body corporate-$50,000. Contravening
        directions-zoned area

"38E. A person shall not contravene a direction given to the person by the
Authority under the regulations, being a direction:

   (a)  that is declared by the regulations to be a direction to which this
        section applies;

   (b)  that is in respect of the person's use of, or entry to, a zone;

   (c)  that is reasonably necessary for the protection or preservation of the
        Marine Park or property or things in the Marine Park; and

   (d)  that does not require the person to remove a structure, landing area,
        farming facility, vessel, aircraft or other thing that is in the
        Marine Park.
Penalty:

   (e)  if the offender is a natural person-$10,000; or

   (f)  if the offender is a body corporate-$50,000. Certain activities
        prohibited in the unzoned area

"38F. (1) A person shall not carry on any of the following activities in the
unzoned area:

   (a)  the building, assembling or fixing in position of:

        (i)    buildings or similar structures;

        (ii)   pontoons or other floating structures;

        (iii)  walkways, mooring facilities or similar structures; or

        (iv)   devices for catching marine animals;

   (b)  the operating in the one vicinity for more than:

        (i)    14 consecutive days; or

        (ii)   30 days in any period of 60 days;
of vessels with provision for more than 8 sleeping berths;

   (c)  the carrying out of reclamation works, beach protection works, road
        building works or any other works;

   (d)  the construction of landing areas;

   (e)  the construction of farming facilities;

   (f)  the conduct of operations in or upon, or the maintenance of:

        (i)    buildings or similar structures;

        (ii)   pontoons or other floating structures; or

        (iii)  walkways, mooring facilities or similar structures;

   (g)  the maintenance of any device for catching marine animals;

   (h)  the demolition or removal of any:

        (i)    buildings or similar structures;

        (ii)   pontoons or other floating structures; or

        (iii)  walkways, mooring facilities or similar structures; unless:

   (j)  the carrying on of the activity is authorised by a permission granted
        to the person under the regulations, being a permission of a kind
        declared by the regulations to be a permission to which this section
        applies; or

   (k)  the carrying on of the activity is authorised by an authority given to
        the person in accordance with a condition to which such a permission
        is subject. Penalty:

   (m)  if the offender is a natural person-$10,000; or

   (n)  if the offender is a body corporate-$50,000.

"(2) The reference in subsection (1) to the operating of a vessel includes a
reference to:

   (a)  the conduct of operations in or upon the vessel;

   (b)  the use of the vessel as a base for carrying on other activities; and

   (c)  the carrying out of maintenance of the vessel. Contravening conditions
        of permission or authority-unzoned area

"38G. Where a permission or authority referred to in section 38F is subject to
conditions, a person to whom those conditions apply shall not contravene those
conditions.
Penalty:

   (a)  if the offender is a natural person-$10,000; or

   (b)  if the offender is a body corporate-$50,000. Removal of property

"38H. A person shall not contravene an order under the regulations, being an
order:

   (a)  that is declared by the regulations to be an order to which this
        section applies; and

   (b)  that requires the person to remove a structure, landing area, farming
        facility, vessel, aircraft or other thing that is in the Marine Park.
Penalty:

   (c)  if the offender is a natural person-$10,000; or

   (d)  if the offender is a body corporate-$50,000. Offence relating to the
        discharge of waste

"38J. (1) A person shall not discharge waste in the Marine Park unless the
discharge is authorised by a permission granted to the person under the
regulations, being a permission of a kind declared by the regulations to be a
permission to which this section applies.

"(2) Where a permission referred to in subsection (1) is subject to
conditions, a person to whom those conditions apply shall not contravene those
conditions.

"(3) This section does not apply to the discharging of waste in a zone where
the relevant zoning plan makes provision for the zone to be used or entered
for that purpose.

"(4) This section does not apply to the discharge from a vessel or aircraft
of:

   (a)  human waste where the vessel or aircraft, as the case may be, does not
        contain a storage tank of a kind designed for the storage of human
        waste;

   (b)  offal from a fish caught within the Marine Park; or

   (c)  biodegradable waste (other than waste to which paragraph (a) or (b)
        applies) where the aircraft or vessel, as the case may be, is more
        than 500 metres seawards from the seaward edge of the nearest reef.

"(5) A person who contravenes subsection (1) or (2) is guilty of an offence
punishable on conviction:

   (a)  if the offender is a natural person-by a fine not exceeding $50,000;
        or

   (b)  if the offender is a body corporate-by a fine not exceeding $250,000.

"(6) In this section:
'discharge' includes deposit or dispose of;
'reef' includes bommie fields, reef slopes, moats and ramparts. Offences
involving the use of vessels or aircraft

"38K. (1) Where:

   (a)  by use of a vessel or aircraft, an offence is committed against any of
        sections 38A to 38J (inclusive); and

   (b)  the person in charge of the vessel or aircraft:

        (i)    knew, or had reasonable grounds to suspect, that the vessel or
               aircraft would be used in committing the offence; and

        (ii)   did not take reasonable steps to prevent the use of the vessel
               or aircraft in committing the offence; the person is guilty of
               an offence.

"(2) A reference in subsection (1) to the person in charge of a vessel or
aircraft, in relation to an offence, is a reference to the person who is the
master or other person in charge of the vessel, or the person in charge of the
aircraft, at the time the offence is committed.

"(3) Where:

   (a)  by use of a vessel or aircraft, an offence is committed against any of
        sections 38A to 38J (inclusive); and

   (b)  an owner of the vessel or aircraft:

        (i)    knew, or had reasonable grounds to suspect, that the vessel or
               aircraft would be used in committing the offence; and

        (ii)   did not take reasonable steps to prevent the use of the vessel
               or aircraft in committing the offence; that owner is guilty of
               an offence.

"(4) A reference in subsection (3) to an owner of a vessel or aircraft, in
relation to an offence, is a reference to a person who is:

   (a)  the owner of;

   (b)  a co-owner of; or

   (c)  an owner of any part of or share in; the vessel or aircraft at the
        time the offence is committed.

"(5) An offence against this section is punishable on conviction by:

   (a)  if the offender is a natural person-a fine not exceeding $10,000; or

   (b)  if the offender is a body corporate-a fine not exceeding $50,000.
        Prosecution of offences

"38M. (1) An offence against any of sections 38A to 38K (inclusive) is an
indictable offence.

"(2) Notwithstanding that an offence referred to in subsection (1) is an
indictable offence, a court of summary jurisdiction may hear and determine
proceedings in respect of such an offence if:

   (a)  the court is satisfied that it is proper to do so; and

   (b)  the defendant and the prosecutor consent.

"(3) Where, in accordance with subsection (2), a court of summary jurisdiction
convicts a person of an offence referred to in subsection (1), the penalty
that the court may impose is:

   (a)  if the offender is a natural person-a fine not exceeding $2,000; or

   (b)  if the offender is a body corporate-a fine not exceeding $10,000.
        Injunctions

"38N. (1) Where a person has engaged, is engaging or is proposing to engage in
conduct that constitutes or would constitute a contravention of any of
sections 38 to 38K (inclusive), the Supreme Court of a State or Territory may,
on the application of:

   (a)  the Authority; or

   (b)  any person whose interests have been, are or would be affected by the
        conduct; grant an injunction in such terms as the court determines to
        be appropriate.

"(2) Where a person has refused or failed, is refusing or failing, or is
proposing to refuse or fail, to do an act or thing that the person is required
to do by any of sections 38 to 38K (inclusive), the Supreme Court of a State
or Territory may, on the application of:

   (a)  the Authority; or

   (b)  any person whose interests have been, are or would be affected by the
        refusal or failure to do that act or thing; grant an injunction in
        such terms as the court determines to be appropriate.

"(3) Where in the opinion of the court it is desirable to do so, the court may
grant an interim injunction pending determination of an application under
subsection (1) or (2).

"(4) The court may rescind or vary an injunction granted under this section.

"(5) The power of the court to grant an injunction restraining a person from
engaging in conduct may be exercised:

   (a)  whether or not it appears to the court that the person intends to
        engage again, or to continue to engage, in conduct of that kind;

   (b)  whether or not the person has previously engaged in conduct of that
        kind; and

   (c)  whether or not there is an imminent danger of substantial damage if
        the person engages in conduct of that kind.

"(6) The power of the court to grant an injunction requiring a person to do an
act or thing may be exercised:

   (a)  whether or not it appears to the court that the person intends to
        refuse or fail again, or to continue to refuse or fail, to do that act
        or thing;

   (b)  whether or not the person has previously refused or failed to do that
        act or thing; and

   (c)  whether or not there is an imminent danger of substantial damage if
        the person refuses or fails to do that act or thing.

"(7) A reference in this section to conduct that constitutes a contravention
of any of sections 38 to 38K (inclusive) includes a reference to conduct that
constitutes:

   (a)  attempting to contravene such a provision;

   (b)  aiding, abetting, counselling or procuring a person to contravene such
        a provision;

   (c)  inducing, or attempting to induce, whether by threats, promises or
        otherwise, a person to contravene such a provision;

   (d)  being in any way, directly or indirectly, knowingly concerned in, or
        party to, the contravention by a person of such a provision; or

   (e)  conspiring with others to contravene such a provision.". 


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