sec.252Prohibition on interfering with monitoring marker or device

### sec.252 Prohibition on interfering with monitoring marker or device This section applies if, under section 390ZD , a monitoring site has been established on lease land, licence land or permit land. A person must not interfere with any of the following the existence of which the person knows or ought reasonably to know unless the person has a reasonable excuse— a marker for the monitoring site; a monitoring device that, under section 390ZD , has been installed or placed at the monitoring site. Maximum penalty—100 penalty units. For subsection (2) , a person is taken to know of the existence of a marker for the monitoring site and any monitoring device at the site if the marker— is made of steel or other durable material; and protrudes above the surface of the ground so as to be clearly visible; and has attached to it a tag bearing clearly legible words as follows, or words to the effect of the words ‘Monitoring site marker. Interfering with this marker or any device at this site is an offence’. In this section— interfere with includes damage, deface or tamper with. s 252 prev s 252 amd 1999 No. 90 s 88 om 2004 No. 1 s 39 pres s 252 ins 2007 No. 19 s 133 amd 2019 No. 7 s 313 sch 1 pt 1 (sec.252-ssec.1) This section applies if, under section 390ZD , a monitoring site has been established on lease land, licence land or permit land. (sec.252-ssec.2) A person must not interfere with any of the following the existence of which the person knows or ought reasonably to know unless the person has a reasonable excuse— a marker for the monitoring site; a monitoring device that, under section 390ZD , has been installed or placed at the monitoring site. Maximum penalty—100 penalty units. (sec.252-ssec.3) For subsection (2) , a person is taken to know of the existence of a marker for the monitoring site and any monitoring device at the site if the marker— is made of steel or other durable material; and protrudes above the surface of the ground so as to be clearly visible; and has attached to it a tag bearing clearly legible words as follows, or words to the effect of the words ‘Monitoring site marker. Interfering with this marker or any device at this site is an offence’. (sec.252-ssec.4) In this section— interfere with includes damage, deface or tamper with. - (a) a marker for the monitoring site; - (b) a monitoring device that, under section 390ZD , has been installed or placed at the monitoring site. - (a) is made of steel or other durable material; and - (b) protrudes above the surface of the ground so as to be clearly visible; and - (c) has attached to it a tag bearing clearly legible words as follows, or words to the effect of the words ‘Monitoring site marker. Interfering with this marker or any device at this site is an offence’.