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