Offences relating to closed areas
46 Offences relating to closed areas
Subject to regulation 44(4), a person must not, without permission of an authorised officer, enter or remain in an area closed under regulation 45.
Penalty: a fine of $2 000.
An authorised officer may revoke a permission given to a person for the purposes of subregulation (1) in which case if the person is in a closed area he or she must leave the area immediately.
Penalty: a fine of $2 000.
An authorised officer may grant permission for the purposes of subregulation (1) subject to any condition, and during any period when the condition is not observed or performed by that person the permission is to be treated as having been revoked.
It is a defence to a charge of contravening subregulation (1) or (2) for a person to show that his or her presence in a closed area without permission was necessary to prevent or mitigate injury to a person or damage to property.
[Regulation 46 amended: Gazette 3 Dec 2010 p. 6052‑3; 19 Sep 2014 p. 3335.]
47. Entering CALM land via gates etc.
If an entrance to an area of CALM land (other than land covered by subregulation (2)) is controlled by a gate or other barrier a person must not, without lawful authority, enter or cause a vehicle or animal to enter that area other than through that gate or barrier.
Penalty: a fine of $500.
A person must not, without lawful authority, unlock, dismantle or break down a locked gate or locked barrier controlling an entrance to an area of CALM land.
Penalty: a fine of $500.
A person must not, without lawful authority, open, remove, dismantle or breakdown a gate or barrier controlling an entrance to an area of CALM land if it is clear, by signs on or near the gate or barrier, that the gate or barrier is not meant to be opened or removed.
Penalty: a fine of $500.
[Regulation 47 inserted: Gazette 29 Sep 2006 p. 4311‑12; amended: Gazette 3 Dec 2010 p. 6052‑3.]
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