Section 26A
Section 26A
(1)
Any person who uses or enters a marine reserve or marine park shall take all reasonable steps to prevent or minimise harm to the environment in the marine reserve or marine park that might or will be caused by the person’s use or entry.
(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).
Fisheries
B.L.R.O. 4/2024 25
(3)
In determining whether all reasonable steps have been taken, regard shall be had 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)
the practicalities, including cost, of steps that will prevent or minimise the harm;
(e)
whether or not the person’s use or entry complies with the laws applying in a marine reserve in relation to the environment or natural resources;
(f)
whether or not the person’s use or entry complies with any relevant code of practice, standard or guideline;
(g)
whether or not the person’s use or entry is in accordance with any conditions of a licence granted under this Act.