(1) The Minister may
issue a protection order under this Division for the purpose of securing
compliance with this Act.
(a) must
be in the form of a written notice served on the person to whom the notice is
issued; and
(b) must
specify the person to whom it is issued (whether by name or a description
sufficient to identify the person); and
(c) must
state the grounds on which it is made with reasonable particularity; and
(d) may
impose any requirement reasonably required for the purpose for which the order
is issued, including 1 or more of the following:
(i)
a requirement that the person discontinue, or not
commence, a specified activity indefinitely or for a specified period or until
further notice from the Minister;
(ii)
a requirement that the person not carry on a specified
activity except at specified times or subject to specified conditions;
(iii)
a requirement that the person take specified action in a
specified way and within a specified period;
(iv)
a requirement that the person comply with any specified
code or standard prepared or published by the Minister or by another specified
body;
(v)
a requirement that the person undertake specified tests
or monitoring;
(vi)
a requirement that the person provides the Minister with
specified results or reports;
(vii)
a requirement that the person appoint or engage a person
with specified qualifications to prepare a plan or report or to undertake
tests or monitoring required by the order; and
(e) must
state that the person may, within 14 days, appeal to the ERD Court
against the order.
(3) A
fisheries officer may, if of the opinion that urgent action is required for
the protection of a fish habitat, issue an emergency protection order imposing
requirements of a kind referred to in subsection (2)(d) as reasonably
required for the protection of the fish habitat.
(4) An emergency
protection order may be issued orally but, in that event, the person to whom
the order is issued must be advised immediately of the person's right to
appeal to the ERD Court against the order.
(5) If an emergency
protection order is issued orally, the fisheries officer who issued it must
confirm it in writing at the earliest opportunity by written notice given to
the person to whom it applies.
(6) If an emergency
protection order is issued, the order will cease to have effect on the
expiration of 72 hours from the time of its issuing unless confirmed by a
written protection order issued by the Minister and served on the relevant
person.
(7) The Minister or a
fisheries officer may, if of the opinion that it is reasonably necessary to do
so in the circumstances, include in an emergency or other protection order a
requirement for an act or omission that might otherwise constitute a
contravention of this Act and, in that event, a person incurs no criminal
liability under this Act for compliance with the requirement.
(8) The Minister may,
by written notice served on a person to whom a protection order has been
issued, vary or revoke the order.
(9) A person to whom a
protection order is issued must comply with the order.
Maximum penalty: $10 000.
Expiation fee: $500.