sec.69Entry or use without permission on notice

sec.69 Entry or use without permission on notice

A person may enter or use an area in the marine park without a permission for a purpose mentioned in subsection (2) (each an authorised purpose ) if the person gives the chief executive a notice for the entry or use in the notice period. For subsection (1) , each of the following purposes is an authorised purpose— to carry out maintenance dredging for navigation; to carry out urgent maintenance on infrastructure for an essential public service provided by the Commonwealth, the State or a local government; communications, power, sewerage, water to carry out defence activities that would otherwise require a permission under this plan; to carry out a program for management of toxic cyanobacteria or algae by the Commonwealth, the State, or a local government; to remove or salvage, other than in an emergency, a vessel or aircraft, or a part of a vessel or aircraft, or other unprotected wreck, that is abandoned, stranded, sunk or wrecked; to use sand or another marine resource from the marine park to restore— that part of an eroded public access track within the marine park; or that part of an eroded public access track on land adjoining the marine park to the extent reasonably necessary for carrying out the restoration but no further than 200m from the boundary of the park. The notice must state— the authorised purpose for the entry or use of the area; and the location and boundaries of the area proposed to be entered or used; and the period during which the area is proposed to be entered or used, including when the period starts and ends. If a person gives a notice under this section for entering or using an area, the chief executive may, by notice to the person, impose conditions on the entry or use. See section 45 of the Act and the Marine Parks Regulation 2017 , section 138 for offences relating to the entry or use of a marine park for a purpose for which a notice must be given to the chief executive. In this section— maintenance dredging means dredging to ensure a dredged berth, channel or works involving construction are maintained at the dimensions authorised under an Act . notice period means— for an entry or use for the authorised purpose mentioned in subsection (2) (a) —at least 20 business days before the entry; or for an entry or use for another authorised purpose—at any time before the entry. public access track means a track maintained by a public entity and used by members of the public for accessing the marine park from adjoining land. unprotected wreck means a wreck that is not protected underwater cultural heritage under the Underwater Cultural Heritage Act 2018 (Cwlth) . (sec.69-ssec.1) A person may enter or use an area in the marine park without a permission for a purpose mentioned in subsection (2) (each an authorised purpose ) if the person gives the chief executive a notice for the entry or use in the notice period. (sec.69-ssec.2) For subsection (1) , each of the following purposes is an authorised purpose— to carry out maintenance dredging for navigation; to carry out urgent maintenance on infrastructure for an essential public service provided by the Commonwealth, the State or a local government; communications, power, sewerage, water to carry out defence activities that would otherwise require a permission under this plan; to carry out a program for management of toxic cyanobacteria or algae by the Commonwealth, the State, or a local government; to remove or salvage, other than in an emergency, a vessel or aircraft, or a part of a vessel or aircraft, or other unprotected wreck, that is abandoned, stranded, sunk or wrecked; to use sand or another marine resource from the marine park to restore— that part of an eroded public access track within the marine park; or that part of an eroded public access track on land adjoining the marine park to the extent reasonably necessary for carrying out the restoration but no further than 200m from the boundary of the park. (sec.69-ssec.3) The notice must state— the authorised purpose for the entry or use of the area; and the location and boundaries of the area proposed to be entered or used; and the period during which the area is proposed to be entered or used, including when the period starts and ends. (sec.69-ssec.4) If a person gives a notice under this section for entering or using an area, the chief executive may, by notice to the person, impose conditions on the entry or use. See section 45 of the Act and the Marine Parks Regulation 2017 , section 138 for offences relating to the entry or use of a marine park for a purpose for which a notice must be given to the chief executive. (sec.69-ssec.5) In this section— maintenance dredging means dredging to ensure a dredged berth, channel or works involving construction are maintained at the dimensions authorised under an Act . notice period means— for an entry or use for the authorised purpose mentioned in subsection (2) (a) —at least 20 business days before the entry; or for an entry or use for another authorised purpose—at any time before the entry. public access track means a track maintained by a public entity and used by members of the public for accessing the marine park from adjoining land. unprotected wreck means a wreck that is not protected underwater cultural heritage under the Underwater Cultural Heritage Act 2018 (Cwlth) .