Document ID: chunk:federal_register_of_legislation:C2025C00131:section:66:p3
Version: federal_register_of_legislation:C2025C00131
Segment Type: section
Provision Reference: s 66 (pt 3/4)
Character Range: 278118–280620

otherwise allowed or permitted by the zoning plan.
 (4A) Nothing in subsection (4) allows a regulation to allow or permit an activity that is otherwise prohibited by the zoning plan concerned.
 (5) Regulations shall not apply to an area within the Marine Park in respect of which no zoning plan is in force if more than 5 years has elapsed since that area became part of the Marine Park.
 (6) Subject to subsections (7) and (8) and to any contrary intention appearing in a law made after the commencement of this Act, a provision of the regulations has full force and effect notwithstanding that it is inconsistent with a law of the Commonwealth made before or after the commencement of this Act.
 (7) A provision of the regulations regulating navigation in the Marine Park does not have any force or effect to the extent to which it is inconsistent with a law of the Commonwealth, but such a provision shall not be taken for the purposes of this subsection to be inconsistent with such a law if it can be complied with without contravention of that law.
 (8) A provision of the regulations regulating the flying of aircraft over the Marine Park does not have any force or effect to the extent to which it is inconsistent with a law of the Commonwealth, but such a provision shall not be taken for the purposes of this subsection to be inconsistent with such a law if it can be complied with without contravention of that law.
 (9) The power to make regulations conferred by this Act may be exercised:
 (a) in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified cases or classes of case; and
 (b) so as to make, as respects the cases in relation to which it is exercised, the same provision for all those cases or different provision for different cases or classes of case.
 (10) The power to make regulations conferred by this Act shall not be taken not to include the power to make provision for or in relation to a matter by reason only of the fact that:
 (a) a provision is made by this Act in relation to that matter or another matter; or
 (b) power is expressly conferred by this Act to make provision by regulation for or in relation to another matter.
 (11) The regulations may prescribe penalties not exceeding a fine of 50 penalty units for offences against the regulations.
Note: If a body corporate is convicted of an offence, subsection 4B(3) of the Crimes Act 1914 allows a court to impose a