(1) A person must not
—
(a)
contravene a condition or covenant imposed in respect of Crown land under this
Act; or
(b)
directly or indirectly enter into a transaction relating to Crown land under
this Act for the purposes of avoiding a condition or covenant referred to in
paragraph (a).
Penalty for this subsection:
(a) a
fine of $2 000;
(b) a
daily penalty of a fine of $200 for each day or part of a day during which the
offence continues.
(2) In any proceedings
for an offence under subsection (1)(b), a certificate of the Minister
certifying that the purpose of the transaction in question is to avoid a
condition or covenant —
(a)
imposed in respect of Crown land under this Act; and
(b) set
out in that certificate,
is prima facie
evidence of that purpose.
(3) When a person is
convicted of an offence under subsection (1)(b), that conviction constitutes a
breach of a condition or covenant for the purposes of section 35 and that
section applies to the Crown land in question accordingly.
[Section 269 amended: No. 4 of 2023 s. 85.]