Legal Institutions - Assignment 2

Legal Institutions - Assignment 2

Question Two (1200 words)

Your written work should conform to all appropriate conventions of grammar and spelling and legal referencing.

On July 1 2011 the Governor General assented to the Use of Public Maritime Waters Act 2011 (Cth). The Act provided in part as follows:

3. Definitions

‘Dumping’ includes having charge of, being the originator of or being the last human actor in a chain of events which results in a thing being deposited in maritime waters.

12. Use of public spaces

Any person responsible for the dumping of any objects, things or any other items in any maritime waters shall be liable for a fine of up to $10,000.

Prior to the passage of the Use of Public of Public Maritime Waters Act 2011 (Cth) the Second Reading Speech of the Commonwealth Environment Minister included the following comments:

Spring is a particularly difficult time for us in terms of maritime park management. Increasingly we have problems with people using our parks as an extension of their own backyard. The lack of respect shown by people using the parks makes it difficult for protection of maritime sea life. I think we are all familiar with shark attacks brought on by people bringing their dogs to the beach which attracts them – but this is often the least of our problems.

Maggie loved going to the Commonwealth Oceanside National Park with her dog Trixie. On 1 September 2011 she took Trixie to the beach at the National Park and left Trixie to play alone in the water while she went to buy fish and chips for lunch.

Returning later Maggie was charged with an offence under section 12 of the Use of Public of Public Maritime Waters Act 2011 (Cth) by an interested Federal park ranger.

Advise Maggie.