Document ID: chunk:federal_register_of_legislation:F2024C01033:reg:7:p22
Version: federal_register_of_legislation:F2024C01033
Segment Type: reg
Provision Reference: reg 7 (pt 22/46)
Character Range: 282399–285167

a permit issued by the Director.
Penalty: 20 penalty units.
 (2) However, subregulation (1) does not apply to a burial that the Director has authorised to take place as an emergency to prevent endangering public safety or health.
 (3) For subregulation (1), the Director may determine in writing that an area in a Commonwealth reserve is a burial area.
 (4) Notice of a determination under subregulation (3) must be published.

12.33  Erection of commemorative markers
  A person must not, in a Commonwealth reserve:
 (a) erect or display a commemorative marker, whether temporarily or permanently; or
 (b) engage in commemorative activities associated with a commemorative marker.
Penalty: 20 penalty units.

12.34  Commercial fishing
 (1) A person commits an offence if the person carries out commercial fishing in a Commonwealth reserve and the person is not authorised by:
 (a) a law of the Commonwealth, a State or a self‑governing Territory; or
 (b) a permit issued by the Director.
Penalty: 50 penalty units.
Note: Subsection 354(1) of the Act provides that a person must not do particular acts in a Commonwealth reserve except in accordance with a management plan in operation for the reserve. Section 354A of the Act sets out offences in relation to those particular acts.
 (2) A person who is authorised by a law of the Commonwealth, a State or self‑governing Territory, or a permit issued by the Director, to carry out commercial fishing in a Commonwealth reserve, or in a part of a Commonwealth reserve, commits an offence if the person does not comply with a determination for the reserve, or the part of the reserve, made by the Director under subregulation (3).
Penalty: 50 penalty units.
 (3) For subregulation (2), the Director may determine, for a Commonwealth reserve or a part of a reserve, that:
 (a) specified kinds of fishing gear cannot be carried or used; and
 (b) specified kinds of fishing gear are required to be carried or used by a person who is fishing or intending to fish; and
 (c) specified practices in commercial fishing are prohibited; and
 (d) specified practices in commercial fishing are to be followed.
 (4) The Director may determine that a prohibition or requirement mentioned in subregulation (3) is to apply at all times, at specified times or during a specified period.
 (5) Notice of a determination under subregulation (4) must be published.
 (6) An offence against subregulation (1) or (2) is an offence of strict liability.

12.35  Fishing other than commercial fishing
 (1) This regulation applies to fishing other than commercial fishing.
 (2) A person commits an offence if the person takes fish in a Commonwealth reserve in contravention of a determination made by the Director under subregulation (3).
Penalty: 50