sec.125Notice to restore fish habitat etc.

### sec.125 Notice to restore fish habitat etc. This section applies if— litter, soil, a noxious substance, refuse or other matter (the polluting matter ) is on land, in waters, on marine plants or in a fish habitat; and it appears to the chief executive— that the polluting matter has prevented, or may prevent, fishing activities and that it is necessary or desirable for action to be taken about the polluting matter to enable the fishing activities to be carried out; or that the polluting matter has had, or may have, an adverse effect on the quality or productive capacity of a fishery or fish stocks and that it is necessary or desirable for action to be taken about the polluting matter to protect or restore the quality of productive capacity of the fishery or fish stocks; or that the polluting matter has had, or may have, an adverse effect on the quality or integrity of a fish habitat and that it is necessary or desirable for action to be taken about the polluting matter to protect or restore the quality or integrity of the fish habitat; or that circumstances prescribed by regulation exist in relation to the polluting matter and that it is necessary or desirable for action to be taken about the polluting matter to enable fishing activities to be carried out or to protect or restore the quality, productive capacity or integrity of fisheries resources. The chief executive may, by written notice, require the person who the chief executive suspects on reasonable grounds is responsible for the presence of the polluting matter to take specified action about the polluting matter within the time and in the way (if any) specified in the notice. The person must comply with the notice, unless the person has a reasonable excuse for not complying with it. Maximum penalty—2,000 penalty units. If the person does not comply with the notice, the chief executive may take action on any land or in any waters that the chief executive considers reasonably necessary to ensure that the matters mentioned in 1 or more of the subparagraphs of subsection (1) (b) are achieved. To enable action to be taken under subsection (4) , the chief executive may authorise persons, with or without vehicles, machinery, plant and equipment to enter and stay on any land or in any waters. The costs reasonably incurred by the chief executive in taking action under subsection (4) are a debt payable by the person to the State. If the person is convicted of an offence against subsection (3) , the court may, as well as imposing a penalty for the offence, order the person to pay the amount of the costs to the State. Subsection (7) does not limit the court’s powers under the Penalties and Sentences Act 1992 or any other law. s 125 amd 2019 No. 6 s 3 sch 1 (sec.125-ssec.1) This section applies if— litter, soil, a noxious substance, refuse or other matter (the polluting matter ) is on land, in waters, on marine plants or in a fish habitat; and it appears to the chief executive— that the polluting matter has prevented, or may prevent, fishing activities and that it is necessary or desirable for action to be taken about the polluting matter to enable the fishing activities to be carried out; or that the polluting matter has had, or may have, an adverse effect on the quality or productive capacity of a fishery or fish stocks and that it is necessary or desirable for action to be taken about the polluting matter to protect or restore the quality of productive capacity of the fishery or fish stocks; or that the polluting matter has had, or may have, an adverse effect on the quality or integrity of a fish habitat and that it is necessary or desirable for action to be taken about the polluting matter to protect or restore the quality or integrity of the fish habitat; or that circumstances prescribed by regulation exist in relation to the polluting matter and that it is necessary or desirable for action to be taken about the polluting matter to enable fishing activities to be carried out or to protect or restore the quality, productive capacity or integrity of fisheries resources. (sec.125-ssec.2) The chief executive may, by written notice, require the person who the chief executive suspects on reasonable grounds is responsible for the presence of the polluting matter to take specified action about the polluting matter within the time and in the way (if any) specified in the notice. (sec.125-ssec.3) The person must comply with the notice, unless the person has a reasonable excuse for not complying with it. Maximum penalty—2,000 penalty units. (sec.125-ssec.4) If the person does not comply with the notice, the chief executive may take action on any land or in any waters that the chief executive considers reasonably necessary to ensure that the matters mentioned in 1 or more of the subparagraphs of subsection (1) (b) are achieved. (sec.125-ssec.5) To enable action to be taken under subsection (4) , the chief executive may authorise persons, with or without vehicles, machinery, plant and equipment to enter and stay on any land or in any waters. (sec.125-ssec.6) The costs reasonably incurred by the chief executive in taking action under subsection (4) are a debt payable by the person to the State. (sec.125-ssec.7) If the person is convicted of an offence against subsection (3) , the court may, as well as imposing a penalty for the offence, order the person to pay the amount of the costs to the State. (sec.125-ssec.8) Subsection (7) does not limit the court’s powers under the Penalties and Sentences Act 1992 or any other law. - (a) litter, soil, a noxious substance, refuse or other matter (the polluting matter ) is on land, in waters, on marine plants or in a fish habitat; and - (b) it appears to the chief executive— (i) that the polluting matter has prevented, or may prevent, fishing activities and that it is necessary or desirable for action to be taken about the polluting matter to enable the fishing activities to be carried out; or (ii) that the polluting matter has had, or may have, an adverse effect on the quality or productive capacity of a fishery or fish stocks and that it is necessary or desirable for action to be taken about the polluting matter to protect or restore the quality of productive capacity of the fishery or fish stocks; or (iii) that the polluting matter has had, or may have, an adverse effect on the quality or integrity of a fish habitat and that it is necessary or desirable for action to be taken about the polluting matter to protect or restore the quality or integrity of the fish habitat; or (iv) that circumstances prescribed by regulation exist in relation to the polluting matter and that it is necessary or desirable for action to be taken about the polluting matter to enable fishing activities to be carried out or to protect or restore the quality, productive capacity or integrity of fisheries resources. - (i) that the polluting matter has prevented, or may prevent, fishing activities and that it is necessary or desirable for action to be taken about the polluting matter to enable the fishing activities to be carried out; or - (ii) that the polluting matter has had, or may have, an adverse effect on the quality or productive capacity of a fishery or fish stocks and that it is necessary or desirable for action to be taken about the polluting matter to protect or restore the quality of productive capacity of the fishery or fish stocks; or - (iii) that the polluting matter has had, or may have, an adverse effect on the quality or integrity of a fish habitat and that it is necessary or desirable for action to be taken about the polluting matter to protect or restore the quality or integrity of the fish habitat; or - (iv) that circumstances prescribed by regulation exist in relation to the polluting matter and that it is necessary or desirable for action to be taken about the polluting matter to enable fishing activities to be carried out or to protect or restore the quality, productive capacity or integrity of fisheries resources. - (i) that the polluting matter has prevented, or may prevent, fishing activities and that it is necessary or desirable for action to be taken about the polluting matter to enable the fishing activities to be carried out; or - (ii) that the polluting matter has had, or may have, an adverse effect on the quality or productive capacity of a fishery or fish stocks and that it is necessary or desirable for action to be taken about the polluting matter to protect or restore the quality of productive capacity of the fishery or fish stocks; or - (iii) that the polluting matter has had, or may have, an adverse effect on the quality or integrity of a fish habitat and that it is necessary or desirable for action to be taken about the polluting matter to protect or restore the quality or integrity of the fish habitat; or - (iv) that circumstances prescribed by regulation exist in relation to the polluting matter and that it is necessary or desirable for action to be taken about the polluting matter to enable fishing activities to be carried out or to protect or restore the quality, productive capacity or integrity of fisheries resources.