sec.50Unlawful serious environmental harm

### sec.50 Unlawful serious environmental harm A person must not wilfully do an act or make an omission that directly or indirectly causes or is likely to cause serious environmental harm to a marine park. Maximum penalty—3,000 penalty units or 2 years imprisonment. Subsection (1) does not apply to an act done or omission made— by an authorised person in the performance of a function or exercise of a power under this Act; or by someone else authorised under this Act to do the act or make the omission. Also, subsection (1) does not apply if the act or omission is incidental to and normally associated with an activity carried out lawfully by the person— outside the marine park; or a lawful discharge from a land-based aquaculture facility inside the park, if— there is no zoning plan for the park; or the park is not subject to a regulation applying specifically to the park and dealing with the conservation of its environment. In this section— serious environmental harm , to a marine park, means— actual or potential harm to the park’s environment or use and non-use values that is irreversible, of a high impact or widespread; or for a marine park area that is a highly protected area, an area of high conservation value or special significance—actual or potential harm to the area’s environment or use and non-use values. (sec.50-ssec.1) A person must not wilfully do an act or make an omission that directly or indirectly causes or is likely to cause serious environmental harm to a marine park. Maximum penalty—3,000 penalty units or 2 years imprisonment. (sec.50-ssec.2) Subsection (1) does not apply to an act done or omission made— by an authorised person in the performance of a function or exercise of a power under this Act; or by someone else authorised under this Act to do the act or make the omission. (sec.50-ssec.3) Also, subsection (1) does not apply if the act or omission is incidental to and normally associated with an activity carried out lawfully by the person— outside the marine park; or a lawful discharge from a land-based aquaculture facility inside the park, if— there is no zoning plan for the park; or the park is not subject to a regulation applying specifically to the park and dealing with the conservation of its environment. (sec.50-ssec.4) In this section— serious environmental harm , to a marine park, means— actual or potential harm to the park’s environment or use and non-use values that is irreversible, of a high impact or widespread; or for a marine park area that is a highly protected area, an area of high conservation value or special significance—actual or potential harm to the area’s environment or use and non-use values. - (a) by an authorised person in the performance of a function or exercise of a power under this Act; or - (b) by someone else authorised under this Act to do the act or make the omission. - (a) outside the marine park; or Example— a lawful discharge from a land-based aquaculture facility - (b) inside the park, if— (i) there is no zoning plan for the park; or (ii) the park is not subject to a regulation applying specifically to the park and dealing with the conservation of its environment. - (i) there is no zoning plan for the park; or - (ii) the park is not subject to a regulation applying specifically to the park and dealing with the conservation of its environment. - (i) there is no zoning plan for the park; or - (ii) the park is not subject to a regulation applying specifically to the park and dealing with the conservation of its environment. - (a) actual or potential harm to the park’s environment or use and non-use values that is irreversible, of a high impact or widespread; or - (b) for a marine park area that is a highly protected area, an area of high conservation value or special significance—actual or potential harm to the area’s environment or use and non-use values.