8Special penalty for obstruction of execution of plans

8 Special penalty for obstruction of execution of plans

[Regulation 8 Inserted by S.R. 2017, No. 47, Applied:26 Jul 2017]

(1)  In the case of an offence against section 91(1) of the Act constituted by the holder of a lease or a sub-lease exceeding the assigned quantity of dissolved nitrogen, the special penalty to be imposed under section 91(3) of the Act is a fine of $150 000 for each tonne of dissolved nitrogen that exceeds the assigned quantity of dissolved nitrogen.

(2)  For the purposes of subregulation (1) , where the amount of dissolved nitrogen that exceeds the assigned quantity of dissolved nitrogen is not a whole number of tonnes, the special penalty is to be calculated on a pro rata basis.

(3)  For the purposes of this regulation –

assigned quantity of dissolved nitrogen means the quantity of the total permissible dissolved nitrogen output, attributable to marine farming operations in respect of a particular area or part of a particular area, that is the quantity apportioned, by a determination of the Director from time to time under a marine farming development plan, to the lessee or sub-lessee;

particular area means an area determined by the Director from time to time under a marine farming development plan.