23 Offences and penalties

(1)

Every person commits an offence who—

(a)

acts in contravention of or fails to comply in any respect with any notice, direction, restriction, requirement, or condition given, made, or imposed under this Act; or

(b)

makes any false or misleading statement or any material omission in any communication with or application or return to the Minister, to the Director-General, or to the Department of Conservation, or any duly authorised officer or employee of the Department of Conservation, or any officer (whether in writing or otherwise), for the purposes of this Act; or

(c)

refuses or fails to furnish any return or information or particulars required by the Minister, the Director-General, or any duly authorised officer or employee of the Department of Conservation, or any officer, for the purposes of this Act.

(1A)

Every person commits an offence against this Act who—

(a)

acts in contravention of or fails to comply in any respect with any notice, direction, restriction, requirement, or condition given, made, or imposed under any regulations made under this Act; or

(b)

makes any false or misleading statement or any material omission in any communication with or application or return to the Minister, to the Director-General, or to the Department of Conservation, or any duly authorised officer or employee of the Department of Conservation, or any officer (whether in writing or otherwise), for the purposes of any regulations made under this Act; or

(c)

refuses or fails to furnish any return or information or particulars required by the Minister, the Director-General, or any duly authorised officer or employee of the Department of Conservation, or any officer, for the purposes of any regulations made under this Act.

(2)

Every person commits an offence against this Act who—

(a)

except under the authority of any enactment, places or leaves any structure or trap or chemical or other substance in any place where a marine mammal is or is likely to be and which injures or harms, or is likely to injure or harm, any marine mammal:

(b)

uses any vehicle, vessel, aircraft, or hovercraft to herd or harass any marine mammal.

(2A)

Every person who commits an offence against subsection (1) or section 10 or 12(3) is liable on conviction to,—

(a)

in the case of an individual, imprisonment for a term not exceeding 1 year or a fine not exceeding $100,000, or both:

(b)

in the case of a body corporate, a fine not exceeding $200,000:

(c)

in any case, where the offence is a continuing one, a further fine not exceeding $10,000 for every day on which the offence continues.

(3)

Every person who commits an offence against this Act for which no penalty is provided otherwise than in this section is liable, on conviction before a District Court Judge, to a fine not exceeding—

(a)

in the case of an offence against subsection (2) or section 17,—

(i)

in the case of an individual, imprisonment for a term not exceeding 2 years or a fine not exceeding $100,000, or both:

(ii)

in the case of a body corporate, a fine not exceeding $200,000:

(iii)

in any case, where the offence is a continuing one, a further fine not exceeding $10,000 for every day on which the offence continues; and

(b)

in any other case, $10,000.

Section 23(1): replaced, on 25 October 2013, by section 41(1) of the Conservation (Natural Heritage Protection) Act 2013 (2013 No 89).

Section 23(1A): inserted, on 25 October 2013, by section 41(1) of the Conservation (Natural Heritage Protection) Act 2013 (2013 No 89).

Section 23(2A): inserted, on 25 October 2013, by section 41(2) of the Conservation (Natural Heritage Protection) Act 2013 (2013 No 89).

Section 23(3): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 23(3): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Section 23(3)(a): replaced, on 25 October 2013, by section 41(4) of the Conservation (Natural Heritage Protection) Act 2013 (2013 No 89).

Section 23(3)(b): amended, on 1 October 1996, by section 316(1) of the Fisheries Act 1996 (1996 No 88).