38CAConduct in unzoned area: offence

#### 38CA Conduct in unzoned area: offence (1) A person commits an offence if the person engages in any of the following conduct in the unzoned area: (a) building, assembling or fixing in position: (i) a building or similar structure; or (ii) a pontoon or other floating structure; or (iii) a walkway, mooring facility or similar structure; or (iv) a device for catching marine animals; (b) operating a vessel (see subsection (3)) with provision for more than 8 sleeping berths in the one vicinity for more than: (i) 14 consecutive days; or (ii) 30 days in any period of 60 days; (c) carrying out reclamation work, beach protection work, road building work or any other work; (d) constructing a landing area; (e) constructing a farming facility; (f) conducting operations in or on, or maintaining: (i) a building or similar structure; or (ii) a pontoon or other floating structure; or (iii) a walkway, mooring facility or similar structure; (g) maintaining a device for catching marine animals; (h) demolishing or removing: (i) a building or similar structure; or (ii) a pontoon or other floating structure; or (iii) a walkway, mooring facility or similar structure; and the person is not authorised to engage in the conduct by: (i) a permission granted under the regulations for the purposes of this section; or (j) an authority given in accordance with a condition of a permission referred to in paragraph (i). Penalty: (a) for an aggravated offence—imprisonment for 3 years or 2,000 penalty units, or both; or (b) in any other case—1,000 penalty units. > Note: See also Division 8. (2) Strict liability applies to the physical element of circumstance in subsection (1), that the person engages in the conduct in the unzoned area. > Note: For strict liability, see section 6.1 of the Criminal Code. (3) The references in subsection (1) and section 38CB to operating a vessel include references to the following: (a) conducting operations in or on the vessel; (b) using the vessel as a base for carrying on other activities; (c) carrying out maintenance of the vessel.