Lawful authority
4 Lawful authority
The CEO may, by written notice, authorise a person to do an act that would, but for that notice, be unlawful under these regulations.
The CEO is to specify in a notice under subregulation (1) the person or persons or group, body or association of persons to whom the authorisation applies.
A notice under subregulation (1) may be expressed to operate in specified circumstances, for a specified period or subject to any specified condition and may be amended or revoked by the CEO.
In order to avoid any doubt and without limiting the meaning of the expression “without lawful authority”, it is declared that, for the purposes of these regulations, an act is done without lawful authority if it is done —
in contravention of any term or condition of a contract, permit, lease, licence, notice or other authority under the Act or these regulations; or
in contravention of any term or condition of a licence or other authority under the Biodiversity Conservation Act 2016; or
in contravention of a direction or authority under the Biosecurity and Agriculture Management Act 2007; or
in contravention of a direction or authority under the Fish Resources Management Act 1994; or
in contravention of a direction, or the terms and conditions of an authority (however described), under another written law; or
where the person doing the act has entered the land upon which the act is done without lawful authority.
[Regulation 4 amended: Gazette 29 Sep 2006 p. 4305 and 4334; 5 Feb 2013 p. 834; 19 Sep 2014 p. 3330; 14 Sep 2018 p. 3307.]
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