(4) For the purposes of subsection (1)(d), “interfere”, in relation to a substance on, in or forming part of State land, includes remove, cut, dig up, quarry, extract, disturb, displace, or stack and heap, the substance.
Penalty for section 5 offence
6.—(1) Subject to subsection (2), a person who is guilty of an offence under section 5(1) shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a continuing offence, to a further fine not exceeding $500 for every day or part of a day during which the offence continues after conviction.
(2) Where a person commits an offence under section 5(1)(e)—
- (a) by depositing or leaving, involving the use of a motor vehicle or vessel, any waste, goods or any other thing (whether or not of a similar kind) on State land without lawful authority; or
- (b) by causing or allowing an activity mentioned in paragraph (a) without lawful authority,
and the person is a repeat offender, the person shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 12 months or to both.
(3) In this section—
- “motor vehicle” means a vehicle that—
- (a) is propelled wholly or partly by a motor, or by any means other than human or animal power;
- (b) has 4 or more wheels; and
- (c) is used or intended to be used on any road,
- and includes such a motor vehicle that is constructed to drive itself;
