Document ID: chunk:federal_register_of_legislation:F2008B00493:body:0:p4
Version: federal_register_of_legislation:F2008B00493
Segment Type: other
Provision Reference: 
Character Range: 7499–9920

hunting and
gathering (including the traditional hunting and gathering of dugong).

PART 4  ENFORCEMENT PROVISIONS

INTRODUCTORY NOTES TO PART 4
1.  Regulations may be made providing for giving effect to the enforcement
provisions of a plan of management or to the enforcement provisions of an
amendment of a plan of management: see Act, paragraph 66 (2) (ba).

2.  The Act provides for offences in relation to:

(a) the use or entry of a zone for a purpose other than a purpose
 permitted under a zoning plan; or

(b) the use or entry of a zone without a relevant permission where
 permission is required under the zoning plan; or

(c) the contravention of a condition to which a relevant permission is
 subject.

See Act, ss. 38A, 38B and 38C.

6. Restrictions on the use of nets in the Area

6.1 This clause does not apply to a person who uses or enters the Area
only for a purpose mentioned in paragraph 16 (a) or (b) of the zoning plan.

[Note:  Clause 16 of the zoning plan relevantly provides that a zone or designated area may
 be used or entered for the purpose of :

"(a) saving human life or avoiding the risk of injury to a human being;

  (b) locating or securing the safety of an aircraft, vessel or structure which is, or may
 be, endangered by stress of weather or by navigational or operational hazards;".]

6.2 A person must not have in the Area a net that is capable of being
used for the taking of fish.

6.3 However, a person may have in the Area a net that is capable of
being used for the taking of fish if:

    (a) the person has a relevant permission granted for the conduct of
     research; or

(b) the net is part of a dilly for use only to catch crabs; or

(c) the net is a cast net that:

    (i) is for use only to catch fish for bait; and

    (ii) is not more than 6 metres in diameter; and

    (iii) has a mesh size of not more than 28 millimetres.

6.4 A person must not have more than 1 cast net in the Area at any time.

6.5 To avoid doubt, a person may be taken to have a net in the Area
whether or not the net is stowed or secured.

7. Collecting dugongs

A person must not collect a dugong in the Area except in accordance
with a relevant permission.

8. Interference with dugongs

8.1 A person must not interfere with a dugong, or the carcass of a
dugong, in the Area, except in accordance with a written authority given by
the Authority.

8.2 In this clause, "interfere with"