38EBConduct contravening condition of permission or authority: civil penalty provision

38EB Conduct contravening condition of permission or authority: civil penalty provision

(1) A person who is authorised to do something by: (a) a permission granted under the regulations for the purposes of a provision of this Act or of a zoning plan; or (b) an authority given in accordance with a condition of a permission referred to in paragraph (a); must not engage in conduct that contravenes a condition of the permission.

Civil penalty:

(a) for an aggravated contravention by an individual—2,000 penalty units; or
(b) for an individual in any other case—1,000 penalty units; or
(c) for an aggravated contravention by a body corporate—20,000 penalty units; or
(d) for a body corporate in any other case—10,000 penalty units.

(2) Subsection (1) does not apply to the discharge of waste from a vessel or aircraft if: (a) the waste is fresh fish, or parts of fresh fish, caught in the Marine Park; and (b) the waste is not discharged in a part of the Marine Park specified in the regulations for the purposes of this paragraph. (3) Subsection (1) does not apply to the discharge of waste from a vessel, aircraft or platform if any of the following apply: (a) it was for the purpose of securing the safety of the vessel, aircraft or platform; (b) it was for the purpose of saving life at sea; (c) it was for the purpose of combating a specific incident of pollution in order to minimise the damage from pollution and had been approved by: (i) a prescribed officer within the meaning of subsection 3(2) of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983; or (ii) the Authority under section 38DE.