52Spear guns and bowfishing equipment—the Act, s 23

52 Spear guns and bowfishing equipment—the Act, s 23

52 Spear guns and bowfishing equipment—the Act, s 23

(1) A person must not—

(a) use a spear gun in inland waters for the purpose of taking fish, or

(b) use a spear gun for the purpose of taking fish in any of the waters described in Schedule 4, or

(c) use a spear gun aided by lights in any waters for the purpose of taking fish.

Maximum penalty—50 penalty units.

(2) A person must not take any fish in any waters by means of a spear gun that is fitted with an explosive device.

Maximum penalty—100 penalty units.

(3) A person must not take fish in any waters using a bow and arrow, except as provided by subclause (4).

Maximum penalty—50 penalty units.

(4) A person may take carp from inland waters using bowfishing equipment if the person takes the carp—

(a) during the period commencing 30 minutes before sunrise and ending 30 minutes before sunset, and

(b) without the aid of lights, and

(c) at least 100 metres from another person, other than persons in the company of the person taking carp, and

(d) at least 100 metres from a boat ramp, dwelling, camping ground, picnic area or another vessel, and

(e) at least 500 metres from a caravan park.

(5) In this clause—

bowfishing equipment means—

(a) a hand held bow with a reel of no more than 30 metres of fishing line, and

(b) an arrow, attached to the fishing line, with barbs and without fletching.

carp means fish of the species Cyprinus carpio and does not include goldfish or any other species of finfish not indigenous to inland waters of New South Wales, such as redfin (Perca fluviatilis).

spear gun includes a spear or similar device.

cl 52: Am 2021 (505), Sch 1[1] [2]; 2023 (13), Sch 5[11] [12].