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UNDERWATER CULTURAL HERITAGE ACT 2018 - SECT 29

C ertain conduct within a protected zone prohibited without a permit

  (1)   A person contravenes this subsection if:

  (a)   the person engages in conduct; and

  (b)   the conduct takes place in a protected zone ; and

  (c)   the conduct is prohibited conduct in relation to the protected zone.

  (2)   Subsection   ( 1) does not apply if the person engages in the conduct in accordance with a permit g ranted under section   23 .

Note:   A person who wish es to rely on this subsection bears an evidential b urden in relation to the matters in this subsection   ( see subsection   13.3.(3) of the Criminal Code and section   96 of th e Regulatory Powers Act).

  (3)   Subsection   ( 1) does not apply if the conduct was engaged in for the purpose of:

  (a)   saving human life; or

  (b)   s ecuring the safety of a vessel endangered by stress of weather or by navigational hazards; or

  (c)   dealing with an emergency involving a se rious threat to the environment.

Note:   A person who wishes to rely on this subsection bears an evidential burden in relation to the matters in this subsection   ( see subsection   13.3.(3) of the Criminal Code and section   96 of the Regulatory Powers Act).

  ( 4 )   A person commits an offence if the person contravenes subsection   ( 1).

Penalty:   Imprisonment for 5 years or 300 penalty units, or both .

  ( 5 )   A person commits an offence of strict liability if the person contravenes subsection   ( 1).

Penalty:   60 penalty units.

  ( 6 )   A person is liable to a civil penalty if the person contravenes subsection   ( 1).

Civil penalty:   300 penalty units.


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