Location of marine farming equipment
94 Location of marine farming equipment
A person, unless otherwise authorised, must not have – any rope, cable or other device securing any marine farming equipment outside a marine farming zone; or any marine farming equipment, other than any rope, cable or other device securing any marine equipment, outside the lease area. Fine not exceeding 50 penalty units and, in the case of a continuing offence, a daily penalty of 5 penalty units.
It is a defence in proceedings against subsection (1)(a) to establish that, at the time of the alleged offence, the person did not know and could not reasonably be expected to have known that any rope, cable or other device securing any marine farming equipment was outside the marine farming zone.
It is a defence in proceedings under subsection (1)(b) to establish that at the time of the alleged offence the marine farming equipment was being moved, while accompanied by the lessee or an employee of the lessee – to a place of harvesting fish for the purpose of harvesting fish; or to a place approved by the planning authority under an emergency order; or to, from or between lease areas.
This Act’s bill:Explanatory notesSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.