219Passage of fish not to be blocked

#### 219 Passage of fish not to be blocked 219 Passage of fish not to be blocked > > (1) A person who— > > > > > (a) sets a net, netting or other material, or > > > > > (b) constructs or alters a dam, floodgate, causeway or weir, or > > > > > (c) otherwise creates an obstruction, > > > > across or within a bay, inlet, river or creek, or across or around a flat, so that— > > > > > (d) fish will or could be blocked or left stranded, or > > > > > (e) immature fish will or could be destroyed, or > > > > > (f) the free passage of fish will or could be obstructed, > > > > is guilty of an offence. > > > > Maximum penalty—In the case of a corporation, 2,000 penalty units or, in any other case, 1,000 penalty units. > > > (2) A court convicting a person of an offence under this section may order the person to remove, within a specified period, the obstruction involved in the commission of the offence. > > > (3) If such an order is not complied with within the specified period, the Minister— > > > > > (a) may cause the obstruction concerned to be removed, and > > > > > (b) may, by proceedings brought in a court of competent jurisdiction, recover the cost of removal as a debt from the person against whom the order was made. > > > (4) An order made by a court under section 10 of the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092) in any proceedings for an offence under this section is taken, for the purposes of this section, to be a conviction for the offence. > > > (5) This section does not apply to or in respect of the following— > > > > > (a) any activity that is otherwise permitted by or under this Act or any other Act, > > > > > (b) any activity that is done in accordance with a permit issued by the Minister under this Part, > > > > > (c) any activity or waters of a kind exempted from the operation of this section by the regulations. > > **s 219:** Am 1997 No 107, Sch 2.2 \[1\]; 1999 No 94, Sch 4.25; 2000 No 86, Sch 6.2 \[17\] \[18\]; 2001 No 104, Sch 1 \[23\].