Document ID: chunk:federal_register_of_legislation:C2008A00125:clause:6_38ga:p2
Version: federal_register_of_legislation:C2008A00125
Segment Type: clause
Provision Reference: sch 6 cl 38GA (pt 2/2)
Character Range: 204407–205580

provision; and
 (b) is satisfied beyond reasonable doubt that the defendant has committed an offence against that provision;
the trier of fact may find the defendant not guilty of the aggravated offence but guilty of an offence against that provision.

 (6) For the purposes of paragraph (1)(b), navigate includes moor, or anchor, in the course of navigation.

 (7) In determining for the purposes of subparagraph (1)(c)(ii) whether conduct has resulted in serious harm to the environment in the Marine Park, have regard to the following:
 (a) the harm;
 (b) the size of the affected environment;
 (c) the sensitivity of the affected environment;
 (d) the significance of the affected environment;
 (e) the management objectives contained in the zoning plan for the zone in which the person engaged in the conduct;
 (f) whether the harm is irreversible;
 (g) the measures required to remedy the harm.

 (8) In determining for the purposes of paragraph (1)(d) whether conduct had the potential to result in serious harm to the environment in the Marine Park, have regard to the potential for the conduct to result in serious harm for the purposes of subparagraph (1)(c)(ii).