NTIn ForceAct
Fisheries Act 1988
43Offences relating to aquaculture
Start here
Get a plain-English read of 43
Turn the raw legal text into a practical explanation grounded in Fisheries Act 1988.
43 Offences relating to aquaculture
(a) the person intentionally takes fish or aquatic life; and
(b) the area in which the fish or aquatic life is taken is a licensed
area and the person is reckless in relation to that
Fisheries Act 1988 56
(c) the person is not authorised under this Act to take fish or
aquatic life in the licensed area and is reckless in relation to
(a) the person intentionally removes diseased or contaminated
fish or aquatic life from an area; and
(b) the area is a licensed area and the person is reckless in
(c) the person is not authorised under this Act to remove
diseased or contaminated fish or aquatic life from the licensed
area and is reckless in relation to that circumstance.
(a) the person intentionally enters an area; and
(b) the area is a licensed area that has been marked out under
section 55(4) and the person is reckless in relation to that
(c) the person is not authorised to enter the area by the holder of
the aquaculture licence and is reckless in relation to that
Maximum penalty: 50 penalty units.
(b) the conduct results in the removal of, or interference with, a
beacon, buoy, mark, light, signal, raft, structure or implement
used in relation to a licensed area and the person is reckless
in relation to the result; and
(c) the person is not authorised to engage in the conduct by the
holder of the aquaculture licence and is reckless in relation to
Fisheries Act 1988 57
(5) A person commits an offence if:
(b) the conduct results in damage to, or in, a licensed area and
the person is reckless in relation to the result; and
(c) the person is not authorised to engage in the conduct by the
holder of the aquaculture licence and is reckless in relation to
(6) If a court finds a person guilty of an offence against subsection (1),
(2), (3), (4) or (5), it may award damages in respect of the offence.
(7) In this section:
licensed area means land, premises or waters to which an
aquaculture licence relates.