Document ID: chunk:federal_register_of_legislation:C2025C00131:section:38cb
Version: federal_register_of_legislation:C2025C00131
Segment Type: section
Provision Reference: s 38CB
Character Range: 97502–99283

38CB  Conduct in unzoned area: civil penalty provision
  A person must not engage in any of the following conduct in the unzoned area:
 (a) building, assembling or fixing in position:
 (i) a building or similar structure; or
 (ii) a pontoon or other floating structure; or
 (iii) a walkway, mooring facility or similar structure; or
 (iv) a device for catching marine animals;
 (b) operating a vessel (see subsection 38CA(3)) with provision for more than 8 sleeping berths in the one vicinity for more than:
 (i) 14 consecutive days; or
 (ii) 30 days in any period of 60 days;
 (c) carrying out reclamation work, beach protection work, road building work or any other work;
 (d) constructing a landing area;
 (e) constructing a farming facility;
 (f) conducting operations in or on, or maintaining:
 (i) a building or similar structure; or
 (ii) a pontoon or other floating structure; or
 (iii) a walkway, mooring facility or similar structure;
 (g) maintaining a device for catching marine animals;
 (h) demolishing or removing:
 (i) a building or similar structure; or
 (ii) a pontoon or other floating structure; or
 (iii) a walkway, mooring facility or similar structure;
unless the person is authorised to engage in the conduct by:
 (i) a permission granted under the regulations for the purposes of section 38CA; or
 (j) an authority given in accordance with a condition of a permission referred to in paragraph (i).
Civil penalty:
 (a) for an aggravated contravention by an individual—20,000 penalty units; or
 (b) for an individual in any other case—2,000 penalty units; or
 (c) for an aggravated contravention by a body corporate—50,000 penalty units; or
 (d) for a body corporate in any other case—5,000 penalty units.

Division 3A—Convictions under former section 38CA