11Offences

11 Offences

(1) A person must not enter a CEMP site.

Penalty: 10 penalty units.

(2) However, it is a defence to a prosecution under subregulation (1) if the person: (a) is a permit holder; or (b) is identified in an entry permit as a person under the permit holder’s control; or (c) holds a foreign permit in relation to the site.

Note: A defendant bears an evidential burden in relation to the matters mentioned in paragraphs 2(a), (b) and (c) (see section 13.3 of the Criminal Code).

(3) If an entry permit is issued in relation to a CEMP site: (a) the permit holder must not, unless he or she has a reasonable excuse, act in a manner that: (i) is inconsistent with the requirements of the management plan in force in relation to the site; or (ii) affects adversely the effectiveness of the management plan; and (b) an individual identified in the permit as an individual under the permit holder’s control must not, unless he or she has a reasonable excuse, act in a manner that: (i) is inconsistent with the requirements of the management plan in force in relation to the site; or (ii) affects adversely the effectiveness of the management plan; and (c) the permit holder must not, unless he or she has a reasonable excuse, allow a person identified in the permit as a person under the permit holder’s control to act in a manner described in paragraph (b).

Penalty: 10 penalty units.

Note: A defendant bears an evidential burden in relation to whether or not he or she had a reasonable excuse (see section 13.3 of the Criminal Code).

(4) A person who holds a permit, or an individual identified in a permit as an individual under the permit holder’s control, must not engage in conduct that contravenes a condition of the permit.

Penalty: 10 penalty units.