30Conduct having an adverse impact on protected underwater cultural heritage prohibited without a permit

30 Conduct having an adverse impact on protected underwater cultural heritage prohibited without a permit

(1) A person contravenes this subsection if: (a) the person engages in conduct; and (b) the conduct has, will have or is likely to have an adverse impact on protected underwater cultural heritage. (2) Conduct has an adverse impact on protected underwater cultural heritage if the conduct: (a) directly or indirectly physically disturbs or otherwise damages the protected underwater cultural heritage; or (b) causes the removal of the protected underwater cultural heritage from waters or from its archaeological context. (3) 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).

(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: 800 penalty units.