(1)

A person must not carry out a commercial activity in a Commonwealth reserve.

Penalty:
30 penalty units.

(2)

For subregulation (1), an activity is taken to be carried out in a Commonwealth reserve if:

(a)

the activity is carried out in airspace between the reserve and 3 000 metres above mean sea level; or

(b)

it results in a commercial activity being carried out in the reserve, whether or not the activity took place in the reserve.

(3)

However, subregulation (1) does not apply to a person who is:

(a)

carrying out licensed commercial fishing operations in accordance with regulation 12.34; or

(b)

travelling:

(i)

on a merchant vessel in passage through a marine area; or

(ii)

on an aircraft using an approved flight path for an approach to landing at, or for departure from, an airport.