Document ID: chunk:federal_register_of_legislation:C2025C00131:section:38eb
Version: federal_register_of_legislation:C2025C00131
Segment Type: section
Provision Reference: s 38EB
Character Range: 109290–110977

38EB  Conduct contravening condition of permission or authority: civil penalty provision
 (1) A person who is authorised to do something by:
 (a) a permission granted under the regulations for the purposes of a provision of this Act or of a zoning plan; or
 (b) an authority given in accordance with a condition of a permission referred to in paragraph (a);
must not engage in conduct that contravenes a condition of the permission.
Civil penalty:
 (a) for an aggravated contravention by an individual—2,000 penalty units; or
 (b) for an individual in any other case—1,000 penalty units; or
 (c) for an aggravated contravention by a body corporate—20,000 penalty units; or
 (d) for a body corporate in any other case—10,000 penalty units.
 (2) Subsection (1) does not apply to the discharge of waste from a vessel or aircraft if:
 (a) the waste is fresh fish, or parts of fresh fish, caught in the Marine Park; and
 (b) the waste is not discharged in a part of the Marine Park specified in the regulations for the purposes of this paragraph.
 (3) Subsection (1) does not apply to the discharge of waste from a vessel, aircraft or platform if any of the following apply:
 (a) it was for the purpose of securing the safety of the vessel, aircraft or platform;
 (b) it was for the purpose of saving life at sea;
 (c) it was for the purpose of combating a specific incident of pollution in order to minimise the damage from pollution and had been approved by:
 (i) a prescribed officer within the meaning of subsection 3(2) of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983; or
 (ii) the Authority under section 38DE.

Division 6—Collective and vicarious liability