45AFishing offences in marine national parks and marine sanctuaries

45A Fishing offences in marine national parks and marine sanctuaries (1) A person must not, in a marine national park or a marine sanctuary, take or attempt to take fish or fishing bait for sale. 1. 200 penalty units or 12 months imprisonment or both, in the case of a natural person. 400 penalty units, in the case of a body corporate. S. 45A(2) amended by No. 57/2006 s. 5(1). (2) A person must not, in a marine national park or a marine sanctuary, take or attempt to take fish or fishing bait unless that person does so under and in accordance with a permit granted under section 21A. 1. 60 penalty units or 6 months imprisonment or both. S. 45A(2A) inserted by No. 57/2006 s. 5(2). (2A) A person must not, in a marine national park or a marine sanctuary, use recreational fishing equipment. 1. 40 penalty units. S. 45A(2B) inserted by No. 35/2010 s. 6(1). (2B) A person must not, in a marine national park or a marine sanctuary, use commercial fishing equipment. 1. 200 penalty units or 12 months imprisonment or both, in the case of a natural person. 400 penalty units, in the case of a body corporate. (3) A person must not, in a marine national park or a marine sanctuary— (a) use, form or create a habitat (whether natural or artificial or partly natural and partly artificial) for hatching, rearing, breeding, displaying or growing fish or fishing bait; or (b) hatch, breed, display or grow fish or fishing bait. (4) A person must not, in a prescribed area of the park described in Part 2 of Schedule Seven, be in charge of a boat— (a) that is of a prescribed class of boats; or (b) that is carrying equipment that is of a prescribed class of equipment. S. 45A(4A) inserted by No. 57/2006 s. 5(3). (4A) Subsection (4) does not apply to a person who is acting under and in accordance with an authorisation in writing of the Minister. S. 45A(4B) inserted by No. 57/2006 s. 5(3). (4B) For the purposes of subsection (4A), the Minister may issue an authorisation in writing and may impose conditions on that authorisation. (5) A person must not, in a marine national park or a marine sanctuary, have in the person's possession or the person's charge a boat carrying a priority species. S. 45A(5A) inserted by No. 35/2010 s. 6(2). (5A) Subsection (5) does not apply to a person who— (a) is in possession or in charge of a boat that is specified in a Rock Lobster Fishery Access Licence and that is carrying rock lobster; and (b) is acting under and in accordance with that licence. (6) It is a defence in any proceedings for an offence against subsection (5) if the person charged with the offence proves that the boat was travelling by the shortest practicable route from a point outside the park to another point outside the park. S. 45A(6A) inserted by No. 57/2006 s. 5(4). (6A) A person must not, in waters in a marine national park or a marine sanctuary, have in the person's possession a priority species. 1. 100 penalty units or 6 months imprisonment or both, in the case of a natural person; S. 45A(6B) inserted by No. 57/2006 s. 5(4). (6B) Subsection (6A) does not apply to a person who is on a boat in waters in a marine national park or a marine sanctuary. S. 45A(6C) inserted by No. 35/2010 s. 6(3). (6C) A person must not, in a marine national park or a marine sanctuary— S. 45A(6C)(a) amended by No. 47/2025 s. 109. (a) anchor or moor a boat that is in the person's possession or charge; or S. 45A(6C)(b) amended by No. 47/2025 s. 109. (b) allow a boat that is in the person's possession or charge to remain anchored or moored— if that boat is carrying one or more rock lobster pots. (7) A licence, permit or other authority (however described) issued under the **Fisheries Act 1995** does not authorise the holder to act in a manner that is prohibited by this section. (8) An Order in Council, order, notice, direction or plan (however described) under the **Fisheries Act 1995** does not authorise any person to act in amanner that is prohibited by this section. S. 45A(9) repealed by No. 64/2004 s. 16, new s. 45A(9) inserted by No. 57/2006 s. 5(5), repealed by No. 82/2009 s. 14, new s. 45A(9) inserted by No. 35/2010 s. 6(4). (9) In this section, ***use*** includes attempt to use or assist in the use of. S. 45A(10)–(12) repealed by No. 64/2004 s. 16. S. 45B inserted by No. 40/2002 s. 16.