37Defence—special approval for research or other authorised purposes

#### 37 Defence—special approval for research or other authorised purposes 37 Defence—special approval for research or other authorised purposes > > (1) The Minister may approve the taking and possession of fish or marine vegetation of any kind or of a specified kind for any or all of the following purposes— > > > > > (a) research, > > > > > (b) aquaculture, > > > > > (c) aquarium collection, > > > > > (d) Aboriginal cultural fishing, > > > > > (e) any purpose prescribed by the regulations, > > > > > (f) any other purpose approved by the Minister that is consistent with the objects of this Act. > > > (2) An approval may authorise the taking of fish or marine vegetation by any method or by any specified method, from any waters or any specified waters or in any other specified way, despite any provision of or made under this Act to the contrary. > > > (3) The Minister may grant an approval under this section— > > > > > (a) by issuing a permit to a person that authorises the taking and possession of fish or marine vegetation, or > > > > > (b) by making an order that authorises the taking and possession of fish or marine vegetation. > > > (4) The Minister is to cause notice of any order made under this section, or the amendment or revocation of such an order, to be published on a NSW Government website used by the Department or in the Gazette (or both). > > > (5) It is a defence to a prosecution for an offence against this Act or the regulations if the person charged satisfies the court that the act or omission of the person constituting the offence was authorised by an approval in force under this section. > > > (6) An approval under this section— > > > > > (a) is subject to such conditions as are prescribed by the regulations or specified in the permit or order by which the approval is granted, and > > > > > (b) remains in force for the period of one year or such other period as is specified in the permit or order by which the approval is granted. > > > (7) Without limiting subsection (6), an approval that authorises any fishing activity that involves the use of a boat may specify that the activity is an activity for which a fishing boat licence is required. In such a case, the fishing activity the subject of the approval is taken to be a declared commercial fishing boat activity under Division 2 of Part 4. > > > (8) The power to grant an approval under this section is limited by section 220ZW (Licence to harm threatened species, population or ecological community or damage habitat). > > > (9) The Minister is not to grant an approval for Aboriginal cultural fishing if to authorise the fishing activities and practices concerned would be inconsistent with native title rights and interests under an approved determination of native title (within the meaning of the [Native Title Act 1993](http://www.legislation.gov.au/) of the Commonwealth) or with the terms of an indigenous land use agreement (within the meaning of that Act). > > > (10) The regulations may make further provision for approvals under this section. > > **s 37:** Am 1997 No 153, Sch 1 \[3\] \[4\]; 2009 No 114, Sch 1 \[39\]–\[44\]. Subst 2015 No 59, Sch 1 \[20\]. Am 2024 No 47, Sch 1.12\[1\].