Fisheries (General) Regulation 2019
sec.78Areas declared to be fish habitat areas
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sec.78 Areas declared to be fish habitat areas
Each area mentioned in schedule 3 , column 1 is declared to be a fish habitat area. The fish habitat area— includes— the area shown on the fish habitat area plan for the fish habitat area as included in the fish habitat area; and an area stated opposite the fish habitat area plan in schedule 3 , column 2 as included in the declared fish habitat area; and excludes— the area shown on the fish habitat area plan for the fish habitat area as excluded from the declared fish habitat area; and an area stated opposite the fish habitat area plan in schedule 3 , column 2 as excluded from the declared fish habitat area; and the area of a channel marked by aids to navigation. Also, land that is not unallocated State land or national park land is included in a fish habitat area only if— the land is within an area mentioned in subsection (2) (a) for the fish habitat area; and the fish habitat area plan for the fish habitat area, or schedule 3 , column 2, specifically states that the land is included in the fish habitat area. (sec.78-ssec.1) Each area mentioned in schedule 3 , column 1 is declared to be a fish habitat area. (sec.78-ssec.2) The fish habitat area— includes— the area shown on the fish habitat area plan for the fish habitat area as included in the fish habitat area; and an area stated opposite the fish habitat area plan in schedule 3 , column 2 as included in the declared fish habitat area; and excludes— the area shown on the fish habitat area plan for the fish habitat area as excluded from the declared fish habitat area; and an area stated opposite the fish habitat area plan in schedule 3 , column 2 as excluded from the declared fish habitat area; and the area of a channel marked by aids to navigation. (sec.78-ssec.3) Also, land that is not unallocated State land or national park land is included in a fish habitat area only if— the land is within an area mentioned in subsection (2) (a) for the fish habitat area; and the fish habitat area plan for the fish habitat area, or schedule 3 , column 2, specifically states that the land is included in the fish habitat area.
- (a) includes— (i) the area shown on the fish habitat area plan for the fish habitat area as included in the fish habitat area; and (ii) an area stated opposite the fish habitat area plan in schedule 3 , column 2 as included in the declared fish habitat area; and
- (i) the area shown on the fish habitat area plan for the fish habitat area as included in the fish habitat area; and
- (ii) an area stated opposite the fish habitat area plan in schedule 3 , column 2 as included in the declared fish habitat area; and
- (b) excludes— (i) the area shown on the fish habitat area plan for the fish habitat area as excluded from the declared fish habitat area; and (ii) an area stated opposite the fish habitat area plan in schedule 3 , column 2 as excluded from the declared fish habitat area; and (iii) the area of a channel marked by aids to navigation.