(1) Subject to subsection (2), any person who without lawful authority uses public property for private gain to himself or any other person, or in such manner as to obtain a private benefit for himself or any other person, shall be guilty of an offence and liable on conviction to a fine not exceeding ¢5,000.00.

(2) It shall be a defence for a person charged with an offence under subsection (1) to prove that he had lawful authority to use the public property in the manner in which he used it.