Conduct in zone: civil penalty provision
38BB Conduct in zone: civil penalty provision
A person must not engage in conduct in a zone that is prohibited under the zoning plan for the zone.
Civil penalty:
for an aggravated contravention by an individual—5,000 penalty units; or
for an individual in any other case—2,000 penalty units; or
for an aggravated contravention by a body corporate—50,000 penalty units; or
for a body corporate in any other case—20,000 penalty units.
Prohibited is defined in subsection 3(1).
For an aggravated contravention, see also subsection 38GB(6).
A person must not engage in conduct in a zone if:
under the zoning plan for the zone, the conduct requires permission; and
the person is not authorised to engage in the conduct by:
a permission granted under the regulations for the purposes of the zoning plan; or
an authority given in accordance with a condition of a permission referred to in subparagraph (i).
Civil penalty:
for an aggravated contravention by an individual—5,000 penalty units; or
for an individual in any other case—2,000 penalty units; or
for an aggravated contravention by a body corporate—50,000 penalty units; or
for a body corporate in any other case—20,000 penalty units.
For an aggravated contravention, see also subsection 38GB(6).
Subsections (1) and (2) do not apply if circumstances prescribed for the purposes of subsection 38BA(5) exist in relation to the conduct.
This provision refers to the regulations (the regulations
). Made under this Act:
- Great Barrier Reef (Declaration of Amalgamated Marine Park Area) Proclamation 2004 · Legislative Instrument · under s 31
- Shoalwater Bay (Dugong) Plan of Management 1997 · Legislative Instrument · under Part VB
- Whitsundays Plan of Management 1998 · Legislative Instrument · under Pt VB
This Act’s bill:Second reading speech
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