8Special penalty for obstruction of execution of plans

8 Special penalty for obstruction of execution of plans

(1)  In 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.

(2)  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, for the purposes of section 91(3)(b) of the Act, the prescribed method of calculating the amount for the special penalty to be imposed is the sum of –

(a) $150 000 for each whole tonne of dissolved nitrogen that exceeds the assigned quantity of dissolved nitrogen; or

(b) for each part of a tonne of dissolved nitrogen that exceeds the assigned quantity of dissolved nitrogen, $150 000 calculated on a pro rata basis to reflect that part of a tonne.