94Location of marine farming equipment

### 94 Location of marine farming equipment > > (1)  [*\[Section 94 Subsection (1) amended by No. 61 of 2001, s. 43, Applied:19 Sep 2001\]*](/view/html/inforce/2001-09-19/act-2001-061#GS43@Hpa@EN) A person, unless otherwise authorised, must not have – > > > > > > (a) any rope, cable or other device securing any marine farming equipment outside a marine farming zone; or > > > > > > > (b) any marine farming equipment, other than any rope, cable or other device securing any marine equipment, outside the lease area. > > > > Penalty:  Fine not exceeding 50 penalty units and, in the case of a continuing offence, a daily penalty of 5 penalty units. > > > (2)  It is a defence in proceedings against [subsection (1)](#GS94@Gs1@EN) [(a)](#GS94@Gs1@Hpa@EN) to establish that, at the time of the alleged offence, the person did not know and could not reasonably be expected to have known that any rope, cable or other device securing any marine farming equipment was outside the marine farming zone. > > > (3)  It is a defence in proceedings under [subsection (1)](#GS94@Gs1@EN) [(b)](#GS94@Gs1@Hpb@EN) to establish that at the time of the alleged offence the marine farming equipment was being moved, while accompanied by the lessee or an employee of the lessee – > > > > > > (a) to a place of harvesting fish for the purpose of harvesting fish; or > > > > > > > (b) [*\[Section 94 Subsection (3) amended by No. 61 of 2001, s. 43, Applied:19 Sep 2001\]*](/view/html/inforce/2001-09-19/act-2001-061#GS43@Hpb@EN) to a place approved by the planning authority under an emergency order; or > > > > > > > (c) to, from or between lease areas.