29Certain conduct within a protected zone prohibited without a permit

29 Certain conduct within a protected zone prohibited without a permit

(1) A person contravenes this subsection if: (a) the person engages in conduct; and (b) the conduct takes place in a protected zone; and (c) the conduct is prohibited conduct in relation to the protected zone. (2) Subsection (1) does not apply if the person engages in the conduct in accordance with a permit granted under section 23.

Note: A person who wishes to rely on this subsection bears an evidential burden in relation to the matters in this subsection (see subsection 13.3.(3) of the Criminal Code and section 96 of the Regulatory Powers Act).

(3) Subsection (1) does not apply if the conduct was engaged in for the purpose of: (a) saving human life; or (b) securing the safety of a vessel endangered by stress of weather or by navigational hazards; or (c) dealing with an emergency involving a serious threat to the environment.

Note: A person who wishes to rely on this subsection bears an evidential burden in relation to the matters in this subsection (see subsection 13.3.(3) of the Criminal Code and section 96 of the Regulatory Powers Act).

(4) A person commits an offence if the person contravenes subsection (1).

Penalty: Imprisonment for 5 years or 300 penalty units, or both.

(5) A person commits an offence of strict liability if the person contravenes subsection (1).

Penalty: 60 penalty units.

(6) A person is liable to a civil penalty if the person contravenes subsection (1).

Civil penalty: 300 penalty units.