(1) For the purposes
of section 37(1)(a) each of the following conditions is a civil penalty
condition —
(a) a
condition to the effect that the holder must take reasonable steps to minimize
damage to the access area and to the surrounding land and is to avoid any
unnecessary interference with, and loss of enjoyment of, the surrounding land;
(b) a
condition to the effect that the holder must not unreasonably interfere with
the assets and operations of any other holder of rights conferred under
section 34 in respect of the access area or any part of that area.
(2) The civil penalty
for a contravention of a civil penalty condition referred to in
subregulation (1) is $500 000 and, if the contravention is of a
continuing nature, there is a further civil penalty of $50 000 in respect
of each day or part of a day during which the contravention has continued
after the holder was given notice that the condition was being contravened.