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] 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] do any act within or outside a lease area or an area to which a permit under the Living Marine Resources Management Act 1995 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] 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.