Document ID: chunk:federal_register_of_legislation:F2022L00468:reg:23
Version: federal_register_of_legislation:F2022L00468
Segment Type: reg
Provision Reference: reg 23
Character Range: 38241–39975

23  Closure of lake area for safety, maintenance etc.
 (1) The Minister may, by notice published on the NCA's website, temporarily close a lake area or part of a lake area.
 (2) The Minister must not close an area under subsection (1) unless:
 (a) the Minister is satisfied the condition of the waters of a lake or a part of a lake, as the case may be, is such as to constitute a threat to the health of a person entering those waters; or
 (b) the Minister is satisfied the closure is reasonably necessary in connection with the maintenance or preservation of a lake or the maintenance, preservation or testing of an associated work; or
 (c) the chief police officer has given the Minister a certificate in writing, stating that the chief police officer is satisfied the closure is reasonably necessary to enable police officers to carry out their duties in a lake or in a lake area; or
 (d) the Minister is satisfied it is necessary or desirable to do so by reason of an emergency in a lake or a lake area; or
 (e) the Minister is satisfied it is otherwise in the public interest to do so.
 (3) The Minister must, at least 5 business days before the area is to be closed, publish a notice about the proposal to close the area on the NCA's website.
 (4) Subsection (3) does not apply in urgent circumstances.
 (5) The Minister may cause a boundary of a closed area to be marked by such means as the Minister thinks necessary.
 (6) A person commits an offence of strict liability if:
 (a) the person enters or remains in an area that is closed under subsection (1); and
 (b) an inspector has told the person that:
 (i) the area is a closed area; and
 (ii) the person must not enter, or remain in, the area.
Penalty: 38 penalty units.