sec.264Unlawfully possessing or using appliances

sec.264 Unlawfully possessing or using appliances

A person must not possess or use an appliance in a protected area unless— the person— has the written approval of the chief executive for possessing or using the appliance; and possesses or uses the appliance in a way complying with the approval; or if the protected area is a special wildlife reserve— the management program for the reserve authorises the possession or use of the appliance; and the person possesses or uses the appliance in accordance with the management program. Maximum penalty—120 penalty units. Subsection (1) does not apply in relation to any of the following appliances— an unloaded spear gun if— the gun is to be used in an area adjoining a protected area; and the use of the gun in the adjoining area is not prohibited under an Act; a crab pot, fishing line or hand pump within the meaning of the Fisheries (General) Regulation 2019 to be used in a protected area in which fishing is permitted under the Act ; an appliance used, or to be used, solely for camping or a domestic purpose if, when the appliance is used, it does not cause unreasonable disturbance to a person or animal in a protected area; an appliance used, or to be used, solely for conducting an activity under a permit or authority or the written approval of the chief executive; an appliance securely stored in or on a vehicle or boat at all times while the appliance is in a protected area. Without limiting subsection (2) (e) , an appliance is securely stored in or on a vehicle or boat if the appliance is kept in a place in or on the vehicle or boat where the appliance is not easily accessible and is out of sight. This section does not apply in relation to a nature refuge. In this section— possess , in relation to an appliance, means to have control of the appliance. (sec.264-ssec.1) A person must not possess or use an appliance in a protected area unless— the person— has the written approval of the chief executive for possessing or using the appliance; and possesses or uses the appliance in a way complying with the approval; or if the protected area is a special wildlife reserve— the management program for the reserve authorises the possession or use of the appliance; and the person possesses or uses the appliance in accordance with the management program. Maximum penalty—120 penalty units. (sec.264-ssec.2) Subsection (1) does not apply in relation to any of the following appliances— an unloaded spear gun if— the gun is to be used in an area adjoining a protected area; and the use of the gun in the adjoining area is not prohibited under an Act; a crab pot, fishing line or hand pump within the meaning of the Fisheries (General) Regulation 2019 to be used in a protected area in which fishing is permitted under the Act ; an appliance used, or to be used, solely for camping or a domestic purpose if, when the appliance is used, it does not cause unreasonable disturbance to a person or animal in a protected area; an appliance used, or to be used, solely for conducting an activity under a permit or authority or the written approval of the chief executive; an appliance securely stored in or on a vehicle or boat at all times while the appliance is in a protected area. (sec.264-ssec.3) Without limiting subsection (2) (e) , an appliance is securely stored in or on a vehicle or boat if the appliance is kept in a place in or on the vehicle or boat where the appliance is not easily accessible and is out of sight. (sec.264-ssec.4) This section does not apply in relation to a nature refuge. (sec.264-ssec.5) In this section— possess , in relation to an appliance, means to have control of the appliance.