Marine Parks Act 2007

The Minister may issue a protection order under this Division for the purpose of securing compliance with this Act.

A protection order—

must be in the form of a written notice served on the person to whom the notice is issued; and

must specify the person to whom it is issued (whether by name or a description sufficient to identify the person); and

must state the grounds on which it is made with reasonable particularity; and

may impose any requirement reasonably required for the purpose for which the order is issued including 1 or more of the following:

a requirement that the person discontinue, or not commence, a specified activity indefinitely or for a specified period or until further notice from the Minister;

a requirement that the person not carry on a specified activity except at specified times or subject to specified conditions;

a requirement that the person take specified action in a specified way, and within a specified period; and

must state that the person may, within 14 days, appeal to the ERD Court against the order.

An authorised officer may, if of the opinion that urgent action is required for the protection of a marine park, issue an emergency protection order imposing requirements of a kind referred to in subsection (2)(d) as reasonably required for the protection of the marine park.

An emergency protection order may be issued orally but, in that event, the person to whom the order is issued must be advised immediately of the person’s right to appeal to the ERD Court against the order.

If an emergency protection order is issued orally, the authorised officer who issued it must confirm it in writing at the earliest opportunity (and in any event within 2 business days) by written notice given to the person to whom it applies.

If an emergency protection order is issued, the order will cease to have effect on the expiration of 72 hours from the time of its issuing unless confirmed by a written protection order issued by the Minister and served on the relevant person.

The Minister may, by written notice served on a person to whom a protection order has been issued, vary or revoke the order.

A person to whom a protection order is issued must comply with the order. Maximum penalty: Maximum penalty: $10 000.

A person must not hinder or obstruct a person complying with a protection order. Maximum penalty: Maximum penalty: $10 000.