22Removal of property from marine park or aquatic reserve

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.