sec.43General restrictions on entering or using grey nurse shark area

sec.43 General restrictions on entering or using grey nurse shark area

A person must not dive between 6p.m. and 6a.m. in the grey nurse shark area unless— the person is authorised to dive in the area during that period under a permission mentioned in section 42 ; or the person has a reasonable excuse. Maximum penalty—100 penalty units. A person must not carry out any of the following activities in the grey nurse shark area, unless the person has a reasonable excuse— touching or feeding a grey nurse shark; trapping, or attempting to trap, a grey nurse shark; chasing or harassing a grey nurse shark; interrupting a grey nurse shark’s swimming pattern; blocking a cave entrance or gutter; using electro–acoustic or mechanical apparatus in the water. Maximum penalty—100 penalty units. Subsection (2) does not apply if the person is authorised under a permission to carry out the activity for the purpose of research. In this section— electro–acoustic or mechanical apparatus — includes an underwater scooter, a horn or a shark repelling device; but does not include the following— equipment commonly used for diving; scuba equipment equipment required for diving under the Work Health and Safety Act 2011 equipment required for carrying out defence activities to prevent or reduce the risk of personal injury or property damage; equipment for detecting mines equipment commonly used for navigation; vessel depth sounder fish finder equipment commonly used for research. hydrophones acoustic release receivers acoustic transmitters (sec.43-ssec.1) A person must not dive between 6p.m. and 6a.m. in the grey nurse shark area unless— the person is authorised to dive in the area during that period under a permission mentioned in section 42 ; or the person has a reasonable excuse. Maximum penalty—100 penalty units. (sec.43-ssec.2) A person must not carry out any of the following activities in the grey nurse shark area, unless the person has a reasonable excuse— touching or feeding a grey nurse shark; trapping, or attempting to trap, a grey nurse shark; chasing or harassing a grey nurse shark; interrupting a grey nurse shark’s swimming pattern; blocking a cave entrance or gutter; using electro–acoustic or mechanical apparatus in the water. Maximum penalty—100 penalty units. (sec.43-ssec.3) Subsection (2) does not apply if the person is authorised under a permission to carry out the activity for the purpose of research. (sec.43-ssec.4) In this section— electro–acoustic or mechanical apparatus — includes an underwater scooter, a horn or a shark repelling device; but does not include the following— equipment commonly used for diving; scuba equipment equipment required for diving under the Work Health and Safety Act 2011 equipment required for carrying out defence activities to prevent or reduce the risk of personal injury or property damage; equipment for detecting mines equipment commonly used for navigation; vessel depth sounder fish finder equipment commonly used for research. hydrophones acoustic release receivers acoustic transmitters