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NATURE CONSERVATION (PROTECTED AREAS MANAGEMENT) REGULATION 2017 - REG 152
Complying with direction to leave for dangerous circumstances or emergency or rescue activity
152 Complying with direction to leave for dangerous circumstances or emergency
or rescue activity
(1) If a conservation officer reasonably believes circumstances exist that are
a danger to a person, or the person’s property, in a protected area, the
officer may direct the person to leave the area, or the part of the area,
where the danger exists.
(2) If a conservation officer reasonably believes
the presence of a person in a protected area may interfere with an emergency
or rescue activity, the officer may direct the person to leave the area, or
the part of the area, where the emergency or rescue activity is taking place.
(3) When giving a direction under subsection (1) or (2) , the officer must
warn the person it is an offence to fail to comply with the direction.
(4) A
person must comply with a direction given under this section and not re-enter
the area until the person becomes aware that the conservation officer, or
another conservation officer, is satisfied the reason for giving the direction
no longer exists. Penalty— Maximum penalty—80 penalty units.
Example of how person may become aware for subsection (4)— The chief
executive makes a public announcement that persons may re-enter the area.
(5) If a person fails to comply with a direction given under this section, a
conservation officer may take reasonable steps to secure compliance with the
direction, including, for example— (a) using reasonable force; and
(b)
removing the person’s property to a place inside or outside the protected
area.
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