Protection of leased areas
179 Protection of leased areas
A person, other than the lessee or the lessee’s agents or employees, must not—
remove, or in any way injure or interfere with, any fish or marine vegetation cultivated or kept within the leased area or any thing used for the purpose of aquaculture on a leased area, without the consent of the lessee, or
deposit anything on a leased area or dredge or dig within a leased area, except in accordance with Division 3 of Part 7 or, if that Division does not apply, by direction or authority of the lessee or the Minister.
Maximum penalty—In the case of a corporation, 100 penalty units or, in any other case, 50 penalty units.
This section does not apply to the placing of any thing on a leased area for the purpose of navigation.
A person who is found guilty of an offence against this section is liable to compensate the lessee for all damage that the lessee has sustained as a result of the person’s unlawful act. The lessee may, by proceedings brought in a court of competent jurisdiction, recover as a debt the amount of that compensation.
If the Minister fails to authorise an act referred to in subsection (1)(b) at the request of a public authority or trustees in whom the land concerned is vested, the matter may be referred to the Premier for resolution by the Minister responsible for the authority or trustees.
This Act’s bill:Explanatory memorandum
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