sec.28Entry or use without permission

sec.28 Entry or use without permission

A person may enter or use an area within the conservation park zone without permission for the following purposes— a purpose for which the Commonwealth conservation park zone may be used or entered without permission of, or notification to, the Marine Park Authority; See the Commonwealth Zoning Plan , section 2 .4.3 (Use or entry without permission), 5.1 (Use or entry without permission or notification) and 5.3 (Entry to zones for purpose of taking protected species etc). See also, the Commonwealth Regulation , regulation 69 (Entry to zones for purpose of taking certain protected species). oyster gathering. Also, a person may enter or use, without permission, a conservation park line fishing area for limited line fishing. However, a person who is a commercial fisher who enters or uses an area under subsection (1) (a) for the purpose of bait netting must not— take a relevant fish while bait netting; or possess a relevant fish taken in contravention of paragraph (a) . For subsection (3) (a) , a commercial fisher does not take a relevant fish while bait netting if— the fish is taken unintentionally; and the fisher does not allow the net containing the fish to be out of the water other than to immediately remove the fish from the net; and the fisher immediately releases the fish into water deep enough to allow the fish to escape. In this section— conservation park line fishing area means an area within the conservation park zone that is mentioned and described in schedule 7 . limited line fishing means fishing using not more than 2 prescribed instruments. possess , a relevant fish, means— to have custody or control of the fish; or to have an ability or right to readily obtain custody or control of the fish. prescribed instrument means a hand held fishing rod or a handline that has— only 1 hook; and not more than 1 artificial fly; and not more than 1 lure. relevant fish means a fish of any of the following species— bream of the genus Acanthopagrus or Rhabdosargus ; flathead of the genus Platycephalus ; whiting of the genus Sillago . s 28 amd 2005 SL No. 12 s 6 ; 2011 SL No. 257 s 4 (sec.28-ssec.1) A person may enter or use an area within the conservation park zone without permission for the following purposes— a purpose for which the Commonwealth conservation park zone may be used or entered without permission of, or notification to, the Marine Park Authority; See the Commonwealth Zoning Plan , section 2 .4.3 (Use or entry without permission), 5.1 (Use or entry without permission or notification) and 5.3 (Entry to zones for purpose of taking protected species etc). See also, the Commonwealth Regulation , regulation 69 (Entry to zones for purpose of taking certain protected species). oyster gathering. (sec.28-ssec.2) Also, a person may enter or use, without permission, a conservation park line fishing area for limited line fishing. (sec.28-ssec.3) However, a person who is a commercial fisher who enters or uses an area under subsection (1) (a) for the purpose of bait netting must not— take a relevant fish while bait netting; or possess a relevant fish taken in contravention of paragraph (a) . (sec.28-ssec.4) For subsection (3) (a) , a commercial fisher does not take a relevant fish while bait netting if— the fish is taken unintentionally; and the fisher does not allow the net containing the fish to be out of the water other than to immediately remove the fish from the net; and the fisher immediately releases the fish into water deep enough to allow the fish to escape. (sec.28-ssec.5) In this section— conservation park line fishing area means an area within the conservation park zone that is mentioned and described in schedule 7 . limited line fishing means fishing using not more than 2 prescribed instruments. possess , a relevant fish, means— to have custody or control of the fish; or to have an ability or right to readily obtain custody or control of the fish. prescribed instrument means a hand held fishing rod or a handline that has— only 1 hook; and not more than 1 artificial fly; and not more than 1 lure. relevant fish means a fish of any of the following species— bream of the genus Acanthopagrus or Rhabdosargus ; flathead of the genus Platycephalus ; whiting of the genus Sillago .