Div 6Occupation of marked-off areas

Division 6—Occupation of marked-off areas 45—Exclusive occupation of marked-off areas Subject to the provisions of the lease, the lessee under an aquaculture lease has a right of exclusive occupation of the marked-off area of the lease. 46—Control of marked-off areas (1) This section applies subject to any provisions of the aquaculture lease concerned, or a corresponding licence, that limit the powers of an authorised person in relation to a marked-off area. (2) A person who has entered a marked-off area of an aquaculture lease must not fail, without reasonable excuse, to leave the area immediately if asked to leave by an authorised person. Maximum penalty: $2 500 or imprisonment for 6 months. (3) A person who has been asked to leave a marked-off area of an aquaculture lease by an authorised person must not re-enter the area unless the person has the express permission of an authorised person or a reasonable excuse for doing so. Maximum penalty: $2 500 or imprisonment for 6 months. (4) A person who, while present in the marked-off area of an aquaculture lease contrary to subsection (3), uses offensive language or behaves in an offensive manner is guilty of an offence. (5) A person who is present in the marked-off area of an aquaculture lease must, if asked to do so by an authorised person, give his or her name and address to the authorised person. (6) An authorised person who has asked another person to leave a marked-off area or to give a name and address, must, if the other person so requests, inform the other person of— (a) the authorised person's name and address; and (b) the capacity in which the person is an authorised person. Maximum penalty: $750. (7) An authorised person must not address offensive language to, or behave offensively towards, a person in relation to whom the authorised person is exercising a power conferred by this section. 47—Interference with stock or equipment within marked-off areas (1) A person must not, without lawful excuse— (a) take or interfere with aquaculture stock within a marked-off area of an aquaculture lease; or (b) interfere with equipment used to mark‑off or indicate the boundaries of the marked‑off area of an aquaculture lease; or (c) interfere with aquaculture equipment within a marked‑off area of an aquaculture lease. Maximum penalty: Imprisonment for 2 years. (2) A person must not enter a marked-off area of an aquaculture lease intending to commit an offence against subsection (1) in the area. Maximum penalty: Imprisonment for 1 year. (3) A court convicting a person of an offence against subsection (1) may, whether or not a penalty is imposed, order the person to pay to any person affected by the commission of the offence such compensation as the court considers proper for loss or damage suffered by that person as a result of the commission of the offence. 48—Offence to pretend to be authorised person A person must not falsely pretend, by words or conduct, to have the powers of an authorised person under this Division.