57Safety zones

57 Safety zones

(1) Subject to subsection (2), for the purpose of protecting a sea installation installed, or being installed, in an adjacent area, the Minister may, by notice in writing published in the Gazette, prohibit: (a) all vessels; (b) all vessels other than specified vessels; or (c) all vessels other than specified classes of vessels; from entering or remaining in a specified safety zone surrounding the installation without the consent in writing of the Minister. (2) A safety zone specified in a notice may extend to a distance of 500 metres around the sea installation specified in the notice measured from each point of the outer edge of the installation. (3) Where a vessel enters or remains in a safety zone in contravention of the notice, the owner and the person in charge of the vessel each commit an offence against this section and are punishable, upon conviction, by: (a) in the case of a natural person—imprisonment for a term not exceeding 10 years or a fine not exceeding 1,000 penalty units, or both; or (b) in the case of a body corporate—a fine not exceeding 5,000 penalty units. (3A) An offence under subsection (3) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

(4) It is a defence to a charge of an offence of entering or remaining in a safety zone if it is established that the entering or remaining: (a) occurred because of factors beyond the control of the person charged; (b) was necessary to secure the safety of, or appeared to be the only way of averting a threat to, human life; or (c) was necessary to secure, or appeared to be the only way of averting a threat to, the safety of a ship at sea or of a sea installation.