206Protection of spawning areas of salmon, trout and certain other fish

#### 206 Protection of spawning areas of salmon, trout and certain other fish 206 Protection of spawning areas of salmon, trout and certain other fish > > (1) A person who damages gravel beds in any waters knowing that it is a place where salmon or trout spawn or are likely to spawn is guilty of an offence. > > > > Maximum penalty—1,000 penalty units. > > > (1A) In proceedings for an offence under this section in respect of an act or an omission of a person that causes damage to gravel beds in any waters where salmon or trout spawn or are likely to spawn, it is to be conclusively presumed that the person knew that the waters were waters of that kind if it is established that— > > > > > (a) the act or omission occurred in the course of the carrying out of development or an activity for which development consent under Part 4 of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), or an approval to which Part 5 of that Act applies, was required but not obtained, or > > > > > (b) the act or omission constituted a failure to comply with any such development consent or approval. > > > (1B) A person is not guilty of an offence against this section if the act or omission that constitutes the offence was done or omitted under the authority of a permit issued under this Part. > > > (2) The regulations may make other provision for or with respect to preventing damage to any place where fish of any species spawn or are likely to spawn. > > **s 206:** Am 2009 No 114, Sch 1 \[99\] \[100\].