sec.101Removing quarry material

### sec.101 Removing quarry material A person must not, without reasonable excuse, remove quarry material from tidal water unless the person is the holder of an allocation notice for the material. Maximum penalty—1,665 penalty units. A person must not, without reasonable excuse, contravene a condition of an allocation notice. Maximum penalty—1,665 penalty units. On a conviction for an offence under subsection (1) , the court in addition to imposing a penalty may order the offender pay to the chief executive royalty at the rate prescribed under a regulation for section 102 (1) for the quarry material removed in contravention of subsection (1) . Subsection (1) does not apply to a person who removes quarry material— because of an emergency endangering the life or health of a person or involving a serious threat to the environment; or while fossicking under a licence under the Fossicking Act 1994 if the person does not remove more than 1m 3 of quarry material in a year. In this section— remove includes collect. s 101 ins 2001 No. 93 s 15 amd 2009 No. 36 s 872 sch 2 ; 2011 No. 6 s 37 (sec.101-ssec.1) A person must not, without reasonable excuse, remove quarry material from tidal water unless the person is the holder of an allocation notice for the material. Maximum penalty—1,665 penalty units. (sec.101-ssec.2) A person must not, without reasonable excuse, contravene a condition of an allocation notice. Maximum penalty—1,665 penalty units. (sec.101-ssec.3) On a conviction for an offence under subsection (1) , the court in addition to imposing a penalty may order the offender pay to the chief executive royalty at the rate prescribed under a regulation for section 102 (1) for the quarry material removed in contravention of subsection (1) . (sec.101-ssec.4) Subsection (1) does not apply to a person who removes quarry material— because of an emergency endangering the life or health of a person or involving a serious threat to the environment; or while fossicking under a licence under the Fossicking Act 1994 if the person does not remove more than 1m 3 of quarry material in a year. (sec.101-ssec.5) In this section— remove includes collect. - (a) because of an emergency endangering the life or health of a person or involving a serious threat to the environment; or - (b) while fossicking under a licence under the Fossicking Act 1994 if the person does not remove more than 1m 3 of quarry material in a year.