Document ID: chunk:federal_register_of_legislation:C2008A00125:clause:5_37aa
Version: federal_register_of_legislation:C2008A00125
Segment Type: clause
Provision Reference: sch 5 cl 37AA
Character Range: 85476–87200

37AA  Duty to prevent or minimise harm to environment in Marine Park

 (1) A person who uses or enters the Marine Park must take all reasonable steps to prevent or minimise harm to the environment in the Marine Park that might or will be caused by the person's use or entry.

Note: The Minister may accept an enforceable undertaking under section 61ABA, or make an enforceable direction under section 61ADA, in relation to a contravention of this duty.

 (2) For the purposes of subsection (1), harm includes the following:
 (a) any adverse effect;
 (b) direct or indirect harm;
 (c) harm to which the person's use or entry has contributed, to any extent (whether or not other matters have contributed to the harm).

 (3) In determining whether all reasonable steps have been taken, have regard to the following:
 (a) the nature of the harm to the environment that might or will result from the person's use or entry;
 (b) the risk of harm from the person's use or entry;
 (c) the sensitivity of the environment that might or will be affected by the person's use or entry;
 (d) if the person is using or entering a zone—any objectives specified for the zone in its zoning plan;
 (e) the practicalities, including cost, of steps that will prevent or minimise the harm;
 (f) whether or not the person's use or entry complies with the laws applying in the Marine Park in relation to the environment or natural resources;
 (g) whether or not the person's use or entry complies with any relevant code of practice, standard or guideline;
 (h) whether or not the person's use or entry is in accordance with any conditions of a permission granted under the regulations for the purposes of a zoning plan or a provision of this Act.