92Unlawful removal, disturbance and deposit

### 92 Unlawful removal, disturbance and deposit > > (1)  A person, without lawful authority, must not – > > > > > > (a) in a lease area, take, remove, disturb or interfere with – > > > > > > > > > > (i) fish being bred or reared, or marine plants being grown or harvested, in that area; or > > > > > > > > > > > (ii) [*\[Section 92 Subsection (1) amended by No. 9 of 2003, Sched. 1, Applied:16 Apr 2003\]*](/view/html/inforce/2003-04-16/act-2003-009#JS1@Ja38@GC3@EN) a raft, structure or implement used by the holder of a marine farming licence in connection with the breeding or rearing of fish or the growing or harvesting of marine plants in that area; or > > > > > > > (b) in a lease area, dredge, dig or drag that area with any implement; or > > > > > > > (c) [*\[Section 92 Subsection (1) amended by No. 61 of 2001, s. 42, Applied:19 Sep 2001\]*](/view/html/inforce/2001-09-19/act-2001-061#GS42@EN) do any act within or outside a lease area or an area to which a permit under the [Living Marine Resources Management Act 1995](/view/html/inforce/2026-04-12/act-1995-025) relates that causes or is likely to cause harm or damage to a lease area, an area to which the permit relates or any marine farming equipment or fish stocks within a lease area or an area to which the permit relates; or > > > > > > > (d) [*\[Section 92 Subsection (1) amended by No. 61 of 2001, s. 42, Applied:19 Sep 2001\]*](/view/html/inforce/2001-09-19/act-2001-061#GS42@EN) hinder or obstruct the operation of marine farming. > > > > Penalty:  Fine not exceeding 200 penalty units or imprisonment for a term not exceeding 2 years, or both. > > > (2)  A person, without lawful authority, must not in a lease area – > > > > > > (a) deposit any stone, ballast, rubbish or deleterious matter; or > > > > > > > (b) use an explosive or toxic gas or a toxic, poisonous or narcotic substance. > > > > Penalty:  Fine not exceeding 200 penalty units. > > > (3)  It is a defence in proceedings under this section to establish that the act to which the proceedings relate was caused by a person acting with the sole object of saving his or her life or that of some other person or of saving any ship or vessel. > > > (4)  The common law defence of reasonable action to create a situation of safety on the high seas does not apply to an offence under this section.