4Interpretation

4 Interpretation (1) In this Act: acting in an official capacity, in relation to an authorised officer, means the officer is exercising powers or performing functions under, or otherwise related to the administration of, this Act. alleged offender, see section 46H. amateur fishing means fishing for fish or aquatic life otherwise than for sale. approved means approved by the Director. approved operator means a person approved under section 17A. aquaculture includes the farming, culturing, or breeding of fish or aquatic life for the purposes of trade, business, or research. aquatic life means any species of plant or animal life (except species of birds) which, at any time of the life history of the species, must inhabit water, and includes the plant or animal at any stage of its life history, and also includes any part of such plant or animal, but does not include fish, or aquatic life declared by the Minister by notice in the Gazette to be aquatic life to which this Act does not apply. arrangement means an arrangement made under Part 6 by the Territory with the Commonwealth whether or not it is also made with a State. Australian fishing zone means the Australian fishing zone as defined by the Commonwealth Act. authorised officer means the Director, a Fisheries Officer or a Fisheries Inspector. coastal waters, in relation to the Territory, has the same meaning as it has in the Commonwealth Act. Commonwealth Act means the Fisheries Management Act 1991 (Cth) or any Act in substitution for that Act. Commonwealth Minister means the Minister for the time being administering the Commonwealth Act or other Minister exercising powers and performing functions pursuant to section 60 of the Commonwealth Act. Fisheries Act 1988 4 confiscation offence means an offence prescribed by regulation for Part 4, Division 4B. container includes a cupboard, drawer, chest, trunk, box, cage, package or other receptacle. contravention notice, see section 46H. corporation has the same meaning as in the Corporations Act 2001. Crown lands has the same meaning as in the Crown Lands Act 1992. delegate decision, see section 50(1). Director means the Director of Fisheries appointed under section 5, and includes a person who is acting in or performing the duties of the office of Director of Fisheries. ecologically sustainable development means using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained and the total quality of life, now and in the future, can be increased. electric fishing device means a device, engine, or machine designed or used for the taking or killing by means of electric current of any species of fish or aquatic life or for the production of electronarcosis of any species of fish or aquatic life. fish means any species or class of fish including crustaceans, echinoderms, and molluscs, and includes an aquatic animal (except a species of bird) declared by the Minister by notice in the Gazette to be a fish for the purposes of this Act, and also includes: (a) an egg, fry, spat, or larva of a fish; (b) the dead body, or a part of the dead body, of a fish; and (c) the shell or exoskeleton, or a part of the shell or exoskeleton, of a crustacean, echinoderm, or mollusc. Fisheries Inspector means a person appointed to be a Fisheries Inspector under section 7A. Fisheries Officer means a person appointed or declared to be a Fisheries Officer under section 7. fishery means one or more stocks or parts of stocks or one or more species, habitats, or locations of fish or aquatic life that can Fisheries Act 1988 5 be treated as a unit for the purposes of conservation or management, and includes a fishery referred to by the identifiers specified in subsection (2). fishery management area or management area means an area so declared pursuant to section 22. fishery management plan or management plan means a management plan under Part III for a fishery. fishing means the catching, taking, or harvesting of fish or aquatic life and includes any other activity which may reasonably be expected to result in the catching, taking, or harvesting of fish or aquatic life and also includes any action taken in support of or in preparation for an activity specified in this definition. fishing gear includes a net, line, pot, apparatus, device or thing capable of being used in fishing. fishing monitoring means the monitoring of fishing, including by the use of fishing monitoring equipment. fishing monitoring equipment means equipment, including electronic equipment, whether or not fitted to a vessel: (a) to detect when and where fishing from a vessel occurs; and (b) to record catch information. Examples for definition fishing monitoring equipment 1 Sensors. 2 A digital video camera. 3 A computer system. fishing operations means any operations that are authorised to be conducted, or any other thing that is authorised to be done, under a fit and proper person, see section 17B. foreign boat means a vessel that is not an Australian boat within the meaning of the Commonwealth Act. infringement notice, see section 46B. infringement notice offence, see section 46A(1). Joint Authority means a Joint Authority in existence for the purposes of Part 5 of the Commonwealth Act that includes the Minister as a member. Fisheries Act 1988 6 Joint Authority fishery means a fishery in respect of which there is in force an arrangement under which the fishery is to be under the management of a Joint Authority. landed means: (a) if the fish have been taken without the use of a vessel – taken; and (b) if the fish have been taken with the use of a vessel – put ashore at or trans-shipped at a wharf, jetty, pontoon or place, as may be prescribed or as may be specified in a management plan. licence means an approved licence currently in force granted under this Act or, as the context requires, a licence document issued as a consequence of the grant of a licence. licensee means the holder of a licence and includes a person who holds a permit. licensee's record book means a record of information required by the Director to be kept by a licensee under section 34. managed fishery means a fishery declared to be a managed fishery under section 22. management area, see fishery management area. management plan, see fishery management plan. Ministerial guidelines means guidelines made by the Minister under section 20D. noxious species means fish or aquatic life that is prescribed by regulation to be a noxious species. owner, in relation to a vessel, vehicle, gear, or equipment, means a person who has a right to the possession of that vessel, vehicle, gear, or equipment, whether or not that right is subject to the right of another person, but a person shall not be held to be the owner of a vessel, vehicle, gear, or equipment by reason only that the person was in command or charge of it. permit means an approved permit currently in force granted under this Act or, as the context requires, a permit document issued as a consequence of the grant of a permit. Fisheries Act 1988 7 permit offence means: (a) an offence against section 11(2), (3), (4), (5), (6) or (7); or (b) an offence against section 14(7) for contravention of a condition of a permit. person includes a partnership. person in charge, of fishing operations under a licence or permit, means a person appointed under section 17E in relation to those fishing operations. plant, in relation to aquatic life, includes seaweeds, sea-grasses, and algae. possession means possession of or control over any fish or aquatic life or possession of or control over a vessel, vehicle or other conveyance, fishing gear, container, thing, or place in or on which the fish or aquatic life is found, and includes joint possession or control. prescribed amount, see section 46A(2). prescribed decision means a decision of the Director under a prescribed provision of the Regulations or a management plan. processing includes cutting, shelling, and the use of all methods of manufacture and preservation. quota, allocated to a licence, means any entitlement, however described, under a quota system, allocated or attached to the licence. Examples for definition quota