sec.124Unlawfully entering restricted access area

### sec.124 Unlawfully entering restricted access area A person must not enter or remain in a restricted access area unless the person— enters the area under a permission that specifically authorises the entry; or enters the area under a commercial activity agreement that specifically authorises the entry; or enters the area under an approval given under section 123A ; or has a reasonable excuse. Maximum penalty—80 penalty units. Subsection (1) does not apply to a person who enters the area under— a direction given, under part 5 or 6 of the Act , by the chief executive or an inspector; or an enforcement order or interim enforcement order made, under part 7 of the Act , by the Planning and Environment Court; or a relevant provision. In this section— relevant provision means— for a restricted access area in an unzoned marine park— part 7 , division 2 , subdivision 2 or section 148 or 149 ; or for a restricted access area in a zoned marine park—a provision of the zoning plan applying to the zone of the marine park in which the area is located authorising the entry or use of that zone for a purpose, however described, that is the same or substantially the same as a purpose mentioned in part 7 , division 2 , subdivision 2 or section 149 or 150 . s 124 amd 2024 SL No. 25 s 26 (sec.124-ssec.1) A person must not enter or remain in a restricted access area unless the person— enters the area under a permission that specifically authorises the entry; or enters the area under a commercial activity agreement that specifically authorises the entry; or enters the area under an approval given under section 123A ; or has a reasonable excuse. Maximum penalty—80 penalty units. (sec.124-ssec.2) Subsection (1) does not apply to a person who enters the area under— a direction given, under part 5 or 6 of the Act , by the chief executive or an inspector; or an enforcement order or interim enforcement order made, under part 7 of the Act , by the Planning and Environment Court; or a relevant provision. (sec.124-ssec.3) In this section— relevant provision means— for a restricted access area in an unzoned marine park— part 7 , division 2 , subdivision 2 or section 148 or 149 ; or for a restricted access area in a zoned marine park—a provision of the zoning plan applying to the zone of the marine park in which the area is located authorising the entry or use of that zone for a purpose, however described, that is the same or substantially the same as a purpose mentioned in part 7 , division 2 , subdivision 2 or section 149 or 150 . - (a) enters the area under a permission that specifically authorises the entry; or - (b) enters the area under a commercial activity agreement that specifically authorises the entry; or - (c) enters the area under an approval given under section 123A ; or - (d) has a reasonable excuse. - (a) a direction given, under part 5 or 6 of the Act , by the chief executive or an inspector; or - (b) an enforcement order or interim enforcement order made, under part 7 of the Act , by the Planning and Environment Court; or - (c) a relevant provision. - (a) for a restricted access area in an unzoned marine park— part 7 , division 2 , subdivision 2 or section 148 or 149 ; or - (b) for a restricted access area in a zoned marine park—a provision of the zoning plan applying to the zone of the marine park in which the area is located authorising the entry or use of that zone for a purpose, however described, that is the same or substantially the same as a purpose mentioned in part 7 , division 2 , subdivision 2 or section 149 or 150 .