NSWIn ForceRegulation
Marine Estate Management Regulation 2017
22Removal of property from marine park or aquatic reserve
Start here
Get a plain-English read of 22
Turn the raw legal text into a practical explanation grounded in Marine Estate Management Regulation 2017.
#### 22 Removal of property from marine park or aquatic reserve
22 Removal of property from marine park or aquatic reserve
> > (1) An authorised officer may direct the person responsible for any property to remove the property from a marine park or an aquatic reserve or any part of a marine park or an aquatic reserve if, in the opinion of the authorised officer, the property:
> >
> > > (a) is unreasonably interfering with, or is likely to unreasonably interfere with, the relevant Ministers’ operations in the marine park or aquatic reserve, or
> >
> > > (b) is unreasonably interfering with a person’s use or enjoyment of the marine park or aquatic reserve, or
> >
> > > (c) has caused or is likely to cause a significant impact on species or habitats, or
> >
> > > (d) has created or is likely to create an environmental hazard.
>
> > (2) A person must not fail to comply with such a direction.
> >
> > Maximum penalty: 100 penalty units.
>
> > (3) An authorised officer may remove (or may arrange for another person to remove) from a marine park or an aquatic reserve, or any part of a marine park or an aquatic reserve, any property that is not removed by the person responsible for the property in accordance with a direction under this clause.
>
> > (4) In this clause:
> >
> > person responsible, in respect of property in a marine park or an aquatic reserve, means:
> >
> > > (a) the person who caused the property to be in the marine park or aquatic reserve, or
> >
> > > (b) if the person referred to in paragraph (a) is unknown or is unable to remove the property—the person who has control of the property, or
> >
> > > (c) if the persons referred to in paragraphs (a) and (b) are unknown or are unable to remove the property—the owner of the property.
> >
> > property includes a vehicle, vessel or mooring.