37Direction to leave a recreational area

37 Direction to leave a recreational area

(1) An authorised water officer may direct a person to leave a recreational area, or a part of the recreational area, in any of the following circumstances—

(a) in an emergency;

(b) to protect or maintain water quality in any waterway in the recreational area;

(c) to prevent or mitigate any risk to public health or safety in the recreational area, including if—

(i) a state of emergency is declared under section 198 of the Public Health and Wellbeing Act 2008; or

(ii) a pandemic declaration is made under section 165AB of the Public Health and Wellbeing Act 2008; or

(iii) there is a hazard in the recreational area;

(d) to protect Aboriginal cultural heritage or Aboriginal intangible heritage in the recreational area;

(e) to preserve, protect or manage any environmental or heritage features within the recreational area;

(f) if a temporary closure determination applies to the area and the authorised water officer reasonably believes that the person has entered or remained in the area in contravention of regulation 29(1);

(g) if the area is a prohibited access area and the authorised water officer reasonably believes that the person has entered or remained in the area in contravention of regulation 36(1);

(h) if the area is a restricted access area and the authorised water officer reasonably believes that the person has entered or remained in the area in contravention of regulation 36(2);

(i) if the authorised water officer reasonably believes that the person has contravened any other provision in these Regulations relating to the use of a recreational area.

(2) A person given a direction under subregulation (1) must comply with that direction.

Penalty: 20 penalty units.