{"id":"tas:sr-1996-070","name":"Inland Fisheries (Destruction of Controlled Fish) Order 1996","slug":"inland-fisheries-destruction-of-controlled-fish-order-1996","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"70 of 1996","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":319116,"registerId":"tas-tas:sr-1996-070-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This order may be cited as the [Inland Fisheries (Destruction of Controlled Fish) Order 1996](/view/html/inforce/2026-04-12/sr-9999-999) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This order takes effect on 31 May 1996.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> > (1)  In this order \"Act\" means the [Inland Fisheries Act 1995](/view/html/inforce/2026-04-12/act-1995-110) .\n> \n> > (2)  An expression in this order that is defined in the Act has the same meaning as so defined.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Destruction of controlled fish","content":"### 4 Destruction of controlled fish\n\n> [*\\[Clause 4 Substituted by S.R. 2003, No. 123, Applied:15 Oct 2003\\]*](/view/html/inforce/2003-10-15/sr-2003-123#GS4@EN) The Director is authorised to destroy controlled fish in either or both of the following manners:\n> \n> > > (a) adding any, or any combination, of the following to the inland waters in which the fish are believed to occur:\n> > > \n> > > > > (i) Rotenone;\n> > > > \n> > > > > (ii) Alphamethrin;\n> > > > \n> > > > > (iii) Endosulfan;\n> > > > \n> > > > > (iv) Calcium hydroxide;\n> > \n> > > (b) draining inland waters.\n\nDisplayed and numbered in accordance with the *[Rules Publication Act 1953](/view/html/inforce/current/act-1953-050)*.\n\nNotified in the *Gazette* on 30 May 1996\n\nThis order is administered in the Department of Environment and Land Management.","sortOrder":3}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"Clause 4 of the Order was substituted by S.R. 2003, No. 123 (applied 15 Oct 2003). The current text of clause 4 (which lists the permitted chemicals and draining as methods) therefore differs from the Order’s original 1996 wording, indicating a substantive change to the authorised destruction methods."},"complexity_factors":["Narrow, single-purpose instrument: authorises two methods for destruction (clause 4), limiting legislative breadth.","Cross-reference dependency: key terms and the office of 'Director' rely on definitions and powers in the Inland Fisheries Act 1995 (clause 3), increasing interpretive dependence on the Act.","Executive discretion: clause 4 vests operational choice with the Director (which inland waters to treat and which method to use), creating governance and oversight questions.","Technical and environmental implementation issues: listed chemicals (Rotenone, Alphamethrin, Endosulfan, Calcium hydroxide) and draining operations introduce operational risk, specialist application requirements and potential downstream impacts that are not detailed in the Order (clause 4).","Amendment history: clause 4 was substituted in 2003 (note to clause 4), indicating the Order’s operative scope has changed since original promulgation.","Administrative locus: administered by the Department of Environment and Land Management, signalling bureaucratic responsibility for execution and compliance monitoring (administration note)."],"plain_english_summary":"This Order authorises the Director (under the Inland Fisheries Act 1995) to destroy “controlled fish” by either adding specified chemicals (Rotenone, Alphamethrin, Endosulfan, Calcium hydroxide) to inland waters where the fish are believed to occur, or by draining those waters. The term “controlled fish” is defined in the Act; the Order is administered by the Department of Environment and Land Management and took effect 31 May 1996."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The Order appears to have remained consistent with its original intent since 1996, with no significant amendments since 2003. It continues to serve its narrow original purpose of authorising the destruction of controlled fish species in Tasmanian inland waters as a fisheries and biosecurity management tool."},"complexity_factors":["Very short and narrow in scope — deals with a single specific administrative action (destruction of controlled fish)","Operates as a subordinate instrument (an 'Order') under a parent Act, meaning full understanding requires reading the Inland Fisheries Act as well","The definition of 'controlled fish' is not contained within the Order itself, creating a layer of cross-referencing","Minimal text available for analysis — the legislative content itself appears brief and technical rather than complex"],"plain_english_summary":"The order gives Tasmanian authorities power to require authorised persons to destroy \"controlled fish\" — typically invasive or otherwise regulated freshwater species — when caught in inland rivers, lakes and streams.  \n\nIt affects recreational and commercial fishers and enforcement officers, and matters because it’s a biosecurity and fisheries-management tool to prevent the spread of harmful non‑native fish and protect native freshwater ecosystems."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":true,"description":"The original 1996 order has been substantively altered. The current text shows clause 4 was 'Substituted by S.R. 2003, No. 123' in October 2003. This amendment replaced the original destruction methods with the current chemical list and draining provision. The scope has remained focused on fish destruction methods, but the specific authorised techniques have been updated, suggesting an evolution in approved chemical agents and methods over time."},"complexity_factors":["Extremely short: only 4 substantive clauses","Minimal defined terms: only 'Act' is explicitly defined; other terms rely on parent Act definitions","No cross-references beyond the parent Act","Simple conditional structure: single authorisation with two alternative methods","No exceptions, exemptions, or procedural safeguards detailed in the instrument itself","Substantive content entirely contained in one clause (clause 4)"],"plain_english_summary":"This law gives the Director of Inland Fisheries the power to kill or remove unwanted fish from Tasmania's inland waters (rivers, lakes, dams) using specific chemicals or by draining the water.\n\n**What it does:**\n- Authorises the Director to destroy \"controlled fish\" — these are fish species that have been declared a problem under the main Inland Fisheries Act 1995 (usually invasive species like carp, or fish in places they shouldn't be).\n- Allows two methods:\n  - **Chemical treatment:** Adding Rotenone, Alphamethrin, Endosulfan, or Calcium hydroxide to the water. These are pesticides or chemicals that kill fish.\n  - **Physical removal:** Draining the water body completely to remove the fish.\n\n**Who it affects:**\n- The Director of Inland Fisheries (gives them power to act)\n- Anyone using Tasmania's inland waters for fishing, recreation, or agriculture (may be affected by water closures or chemical use)\n- The environment (these are significant interventions)\n\n**Why it matters:**\nThis is a biosecurity tool. Invasive fish can devastate native ecosystems, outcompete local species, and damage waterways. This law provides the legal backing for drastic but sometimes necessary measures to protect Tasmania's unique freshwater ecosystems. However, the chemicals listed (particularly Endosulfan, a notorious pesticide now banned in many countries) are highly toxic, making this a powerful and potentially controversial power."},"issue_detection":{"absurdities":[{"type":"other","section":"Status Information / Currency of version","severity":"low","reasoning":"A 'last modified' date of 2025 is inconsistent with a currency date frozen at 2003 unless the modification was purely administrative. The instrument provides no explanation, leaving the actual legal currency of the text indeterminate.","confidence":0.55,"description":"The legislation states it is 'current from 15 October 2003 to date' yet the file was last modified on 14 January 2025. If no substantive amendments have been made since 2003, a modification in 2025 is unexplained and potentially meaningless; if substantive changes were made, the currency date is wrong."},{"type":"other","section":"Title / Scope","severity":"high","reasoning":"An Order purporting to regulate the destruction of a category of fish that contains zero substantive content cannot achieve any legal effect. If this reflects the actual instrument rather than a rendering defect, the Order is a legal nullity — it names a subject matter and does nothing about it.","confidence":0.72,"description":"The Order is titled 'Destruction of Controlled Fish' but the full text provided contains no operative provisions whatsoever — no definitions, no authorisation of destruction, no procedure, no exemptions. The instrument as presented is entirely composed of metadata and navigation boilerplate."}],"contradictions":[{"severity":"low","section_a":"Currency of version: 'current from 15 October 2003 to date'","section_b":"Authorisation: 'File last modified 14 January 2025'","confidence":0.6,"description":"The version currency header asserts the instrument has been unchanged since 15 October 2003, yet the file modification timestamp records a change as recently as 14 January 2025 — a gap of over 21 years."}]}},"importantCases":[],"_links":{"self":"/api/acts/inland-fisheries-destruction-of-controlled-fish-order-1996","history":"/api/acts/inland-fisheries-destruction-of-controlled-fish-order-1996/history","analysis":"/api/acts/inland-fisheries-destruction-of-controlled-fish-order-1996/analysis","conflicts":"/api/acts/inland-fisheries-destruction-of-controlled-fish-order-1996/conflicts","importantCases":"/api/acts/inland-fisheries-destruction-of-controlled-fish-order-1996/important-cases","documents":"/api/acts/inland-fisheries-destruction-of-controlled-fish-order-1996/documents"}}