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Fisheries Act 1988
11Requirement for permit
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11 Requirement for permit
(1) A permit may authorise a person to do one or more of the following
things:
(a) bring into or release in, or cause to be brought into or released
in, the Territory live fish or aquatic life;
(b) possess or sell noxious species;
(c) cause or permit a shock, sound or other vibration, whether by
percussion, the use of an explosive or otherwise;
(d) use an electric fishing device;
(e) introduce a dangerous substance into waters of the Territory;
(f) any other thing prescribed by regulation or a management
plan as being able to be done only under a permit.
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(b) the conduct results in live fish or aquatic life being brought into
or released in the Territory and the person is reckless in
relation to the result; and
(c) the person is not authorised by a permit to bring into or
release in, or cause to be brought into or released in, the
Territory the fish or aquatic life.
(a) the person intentionally possesses or sells a thing; and
(b) the thing is a noxious species and the person is reckless in
(c) the person is not authorised by a permit to possess or sell the
thing.
(a) the person intentionally causes or permits a shock, sound or
other vibration, whether by percussion, the use of an explosive
or otherwise; and
(b) a result of the shock, sound or vibration is, or may be, that fish
or aquatic life is stunned, injured, killed or detrimentally
affected and the person is reckless in relation to the result;
and
(c) the person is not authorised by a permit to cause or permit the
shock, sound or vibration.
(5) A person commits an offence if the person:
(a) intentionally uses an electric fishing device; and
(b) is not authorised by a permit to do so.
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(6) A person commits an offence if:
(a) the person intentionally introduces directly or indirectly a
substance into waters of the Territory; and
(b) the substance is a dangerous substance and the person is
reckless as to that circumstance; and
(c) a result of the conduct mentioned in paragraph (a) is, or may
be, that:
(i) fish or aquatic life are stunned, injured, killed or
detrimentally affected; or
(ii) the habitats, food or spawning grounds of fish or aquatic
life are detrimentally affected; and
(d) the person is reckless in relation to the result; and
(e) the person is not authorised by a permit to introduce the
substance into waters of the Territory.
Note for subsection (6)
Section 37 provides for an additional penalty for a continuing offence against this
subsection.
(b) the conduct is prescribed by regulation or a management plan
as being able to be done only under a permit and the person
is reckless as to that circumstance; and
(c) the person is not authorised by a permit to engage in the
conduct.
(8) Strict liability applies to subsections (2)(c), (3)(c), (4)(c), (5)(b),
(6)(e) and (7)(c).
(9) In this section:
dangerous substance means:
(a) a substance that is poisonous, toxic, narcotic or noxious; or
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(b) any other substance that, if introduced into waters of the
Territory, may have a result mentioned in subsection (6)(c).
introduce includes cast, place, discharge or allow to fall, flow or
percolate or be carried by wind, tide or current.
substance includes heavy metal and solid debris.