38CBConduct in unzoned area: civil penalty provision

38CB Conduct in unzoned area: civil penalty provision

A person must not engage 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 38CA(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; unless the person is authorised to engage in the conduct by: (i) a permission granted under the regulations for the purposes of section 38CA; or (j) an authority given in accordance with a condition of a permission referred to in paragraph (i).

Civil penalty:

(a) for an aggravated contravention by an individual—20,000 penalty units; or
(b) for an individual in any other case—2,000 penalty units; or
(c) for an aggravated contravention by a body corporate—50,000 penalty units; or
(d) for a body corporate in any other case—5,000 penalty units.