Marine Parks Act 2007

A person must take all reasonable measures to prevent or minimise harm to a marine park through his or her actions or activities.

In determining what measures are required to be taken, regard must be had, amongst other things, to—

the nature of the harm; and

the sensitivity of the environment that may be affected and the potential impact of the harm; and

the practicality and financial implications of any alternative action, and the current state of technical and scientific knowledge;

any degrees of risk that may be involved; and

the significance of the marine park to the State and to the environment and economy of the State; and

the extent to which an act or activity may have a cumulative effect on a marine park; and

if a statutory authorisation has been granted in respect of the action or activity, any assessment made in connection with the granting of the authorisation of potential harm to the marine park as a result of the action or activity and the extent to which any such harm was intended to be prevented or minimised through the attachment of conditions to the authorisation.

A person will be taken not to be in contravention of subsection (1) if the person is acting in circumstances prescribed by the regulations.

A person who contravenes subsection (1) is not, on account of the contravention alone, guilty of an offence but—

compliance with the duty may be enforced by the issuing of a protection order under Part

a reparation order or reparation authorisation may be issued under that Part in respect of the contravention.