Part 1 Preliminary

1 Short title

This Act may be cited as the Inland Fisheries Act 1995 .

2 Commencement

This Act commences on a day to be proclaimed.

3 Interpretation

[Section 3 Amended by No. 103 of 2000, Sched. 1, Applied:13 Dec 2000] [Section 3 Amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] [Section 3 Amended by No. 101 of 1999, s. 4, Applied:01 Mar 2000] [Section 3 Amended by No. 103 of 2000, Sched. 1, Applied:13 Dec 2000] [Section 3 Amended by No. 101 of 1999, s. 4, Applied:01 Mar 2000] [Section 3 Amended by No. 101 of 1999, s. 4, Applied:01 Mar 2000] [Section 3 Amended by No. 101 of 1999, s. 4, Applied:01 Mar 2000] [Section 3 Amended by No. 101 of 1999, s. 4, Applied:01 Mar 2000] [Section 3 Substituted by No. 55 of 2002, s. 4, Applied:10 May 2003]

(1)  In this Act –

acclimatised fish means a kind or species of fish that is not indigenous to inland waters;

[Section 3 Subsection (1) amended by No. 54 of 2016, s. 49, Applied:31 Mar 2017]

amend means –

(a) add any matter (including a condition if this Act provides for conditions to be specified in the document being amended); and

(b) omit any matter (including a condition); and

(c) omit any matter (including a condition) and substitute other matter (including a condition if this Act provides for conditions to be specified in the document being amended);

[Section 3 Subsection (1) amended by No. 18 of 2021, s. 219, Applied:05 Nov 2021] Appeal Tribunal means the Tasmanian Civil and Administrative Tribunal;

applicable fish means a kind or species of fish declared under section 60 ;

approved means approved by the Director;

Atlantic salmon means the species Salmo salar of the family Salmonidae;

boat includes a ship or vessel of any kind;

commercial freshwater fishing licence means a licence referred to in section 21 ;

[Section 3 Subsection (1) amended by No. 54 of 2016, s. 49, Applied:31 Mar 2017] [Section 3 Subsection (1) amended by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005] [Section 3 Subsection (1) amended by No. 54 of 2016, s. 49, Applied:31 Mar 2017]

controlled fish means fish declared as such under section 149 ;

Council means the Inland Fisheries Advisory Council established under section 20A ;

dam includes any fixed obstruction used to dam water;

declared fish means –

(a) salmon; and

(b) any freshwater fish declared under section 39 ;

Director means the Director of Inland Fisheries appointed under section 11 ;

eel means fish of the family Anguillidae;

equipment includes any net, implement, apparatus or other device for taking or facilitating the taking of fish;

excepted waters means any waters declared to be excepted waters under section 8 ;

exemption permit means a permit referred to in section 169 ;

fauna reserve means inland waters declared to be a fauna reserve under section 154 ;

fish includes –

(a) any animal that throughout its ordinary life lives in water; and

(b) the spawn, fry or young of such an animal;

fish dealer's registration certificate means the certificate issued under section 65;

fish farm means any area on land or in inland waters used to farm, culture, hatch, rear, ranch, enhance or breed freshwater fish for commercial or research purposes;

fish farm licence means a fish farm licence referred to in section 43 ;

fishery means –

(a) an area of water or land; and

(b) any premises; and

(c) a kind or species of fish; and

(d) a class of person; and

(e) a method of fishing; and

(f) a type of activity; and

(g) a season;

fishery of the State means –

(a) a fishery under the control of the Crown; or

(b) a fishery under the control of a body established under an Act;

fishing includes –

(a) taking or attempting to take fish; and

(b) searching for fish; and

(c) doing any other activity which may reasonably be expected to result in taking or harvesting fish;

fishing permit means a permit referred to in section 168 ;

freshwater fish means –

(a) any kind or species of fish that is ordinarily found in inland waters or during some part of its life is ordinarily found in inland waters; and

(b) any kind or species of fish declared to be freshwater fish under section 4 ;

imported fish means freshwater fish, other than tinned fish, brought into the State;

indigenous fish means a kind or species of fish that is indigenous to inland waters;

infringement notice means a notice referred to in Part 6 ;

inland waters means –

(a) any waters specified in Schedule 1 ; and

(b) any waters lying on the landward side of the seaward limit in relation to a river specified in Schedule 2 ; and

(c) any waters declared to be inland waters under section 5 ; and

(d) any waters in respect of which there is a fish farm licence; and

(e) any natural or artificial lake, reservoir, tarn, pond, pool, swamp, marsh, dam or waterhole containing water; and

(f) any waters in or running through any canal, raceway, sluice, conduit, duct, channel, pipe or other watercourse; and

(g) any waters contained in any hatchery, aquarium, tank, trough or other container of any kind, size or shape;

juvenile eel means an eel less than 300mm long;

lake includes a lagoon and any water impounded or enlarged by a dam;

licence means any licence in force under this Act;

licensed fish farm means a fish farm licensed under Division 3 of Part 3 ;

marine farm means a marine farm within the meaning of the Living Marine Resources Management Act 1995 ;

mark includes –

(a) attach a tag, label or other thing to fish or any wrapping, package, box, can or other container containing fish; and

(b) place or enclose fish in any wrapping, package, box, can or other container;

marking materials includes –

(a) tags, labels or wrappings; and

(b) boxes, cans or containers; and

(c) any other thing that may be used to mark fish;

officer means a person appointed as such under section 20 ;

perch means English perch or Redfin perch of the species Perca fluviatilis;

private fishery means a fishery that is not a fishery of the State;

recreational licence means a licence issued under Division 2 of Part 3 ;

registered fish dealer means a person who is the holder of a fish dealer's registration certificate;

registered premises means premises registered under Division 2 of Part 4 ;

registered private fishery means a fishery registered under Division 3 of Part 4 ;

regulations means regulations made under Division 8 of Part 8 ;

river includes creek, rivulet and stream;

[Section 3 Subsection (1) amended by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005] [Section 3 Subsection (1) amended by No. 54 of 2016, s. 49, Applied:31 Mar 2017]

salmon means –

(a) fish of the family Salmonidae; and

(b) any hybrid between fish of that family and polyploid variants of that fish;

salmon fishery means a fishery relating to salmon that occur in inland waters;

seaward limit means –

(a) the seaward limit declared to be the seaward limit of a river under section 6 (1) ; and

(b) the seaward limit of a river referred to in section 6 (3) ;

Secretary means the Secretary of the Department;

sell includes –

(a) dispose by any method for valuable consideration; and

(b) barter; and

(c) dispose to an agent for sale on consignment; and

(d) offer or attempt to sell; and

(e) receive or have in possession for sale; and

(f) expose for sale; and

(g) send or deliver for sale; and

(h) cause or permit to be sold, offered or exposed for sale; and

(i) dispose by way of raffle, lottery or other game of chance;

State waters means the waters referred to in section 7 ;

take includes –

(a) fish for, remove, gather, catch, capture, kill, destroy, dredge for, raise, collect, carry away or obtain in another way from water, land under water or the foreshore; and

(b) land from a boat or bring ashore; and

(c) attempt, cause or permit anything mentioned in paragraph (a) or (b) ;

tench means the species Tinca tinca of the family Cyprinidae;

unclean freshwater fish means any fish that is about to spawn or has recently spawned and has not recovered from spawning;

undersized freshwater fish means any fish that is of a less size than the minimum size which may be lawfully taken under the regulations;

unseasonable freshwater fish means any fish taken during a period when the taking of the fish is not permitted;

warrant means a warrant issued under Division 3 of Part 5 ;

whitebait includes any of the following kinds or species of fish:

(a) Tasmanian whitebait Lovettia sealii (Johnston);

(b) Jollytail Galaxias maculatus (Jenyns);

(c) Climbing galaxias Galaxias brevipinnis Gunther;

(d) Spotted galaxias Galaxias truttaceus Valenciennes;

(e) [Section 3 Subsection (1) amended by No. 64 of 2007, s. 4, Applied:19 Dec 2007] Tasmanian Mudfish Neochanna cleaveri Scott;

(f) Tasmanian smelt Retropinna tasmanica McCulloch.

(2)  If any licence, permit, certificate of registration, permission, consent, approval, other like document or exemption is subject to conditions specified or otherwise contained in the document or exemption, it is sufficient for the conditions to be –

(a) specified or otherwise contained in the document or exemption; or

(b) attached to the document or exemption; or

(c) provided to the holder of the document at the time of issuing the document or exemption; or

(d) provided to the holder of the document or exemption at any other time if they are provided with a written notice stating that they are conditions which attach to the document or exemption.

4 Freshwater fish

(1)  The Minister, by order and with the agreement of the Minister responsible for the administration of the Living Marine Resources Management Act 1995 , may declare –

(a) fish or a kind or species of fish to be freshwater fish for the purposes of this Act; or

(b) [Section 4 Subsection (1) amended by No. 7 of 2009, s. 4, Applied:27 Apr 2009] freshwater fish or a kind or species of freshwater fish not to be freshwater fish for the purposes of this Act during any time they are in, or after they have been taken from, State waters.

(2)  An order under subsection (1) (b) does not apply to salmon in excepted waters.

5 Declaration of inland waters

The Minister, by order and with the agreement of the Minister responsible for the administration of the Living Marine Resources Management Act 1995 , may –

(a) declare waters to be inland waters; or

(b) declare waters not to be inland waters.

6 Seaward limit of river

(1)  The Minister, by order and with the agreement of the Minister responsible for the administration of the Living Marine Resources Management Act 1995 , may declare any place to be the seaward limit of a river.

(2)  If the Minister makes an order under subsection (1) , the Minister, in the same order, may amend Schedule 2 by omitting or altering the seaward limit of the river specified in that Schedule which is the subject matter of the order.

(3)  If the seaward limit of a river has not been declared or specified, the seaward limit of the river is the place where the waters of the river meet the waters of the sea or any harbour or bay at low waters of ordinary spring tides.

(4)  The Minister is to ensure that the seaward limit of a river is indicated or marked in the prescribed manner.

(5)  In any proceedings the seaward limit of a river is presumed to be the seaward limit as marked or indicated in the prescribed manner.

7 State waters

State waters are –

(a) any waters of the territorial sea of Australia that are –

(i) within 3 nautical miles of the baseline by reference to which the territorial limits of Australia are defined for the purposes of international law; and

(ii) adjacent to the State; and

(b) any marine or tidal waters that are on the landward side of that baseline and are adjacent to the State, except inland waters; and

(c) any land which is swept by those waters to the highest landward extent.

8 Excepted waters

The Minister, by order and with the agreement of the Minister responsible for the administration of the Living Marine Resources Management Act 1995 , may declare waters to be excepted waters.

9.

[Section 9 Repealed by No. 101 of 1999, s. 5, Applied:01 Mar 2000]

10 Inconsistency with Water Management Act 1999

[Section 10 Amended by No. 9 of 2003, Sched. 1, Applied:16 Apr 2003] Any provision of the Water Management Act 1999 which is inconsistent with a provision of this Act prevails over this Act to the extent of that inconsistency.

Part 2 Director and Council

[Part 2 Substituted by No. 101 of 1999, s. 6, Applied:01 Mar 2000]

Division 1 Director of Inland Fisheries

[Division 1 of Part 2 Inserted by No. 101 of 1999, s. 6, Applied:01 Mar 2000]

11 Appointment of Director

[Section 11 Substituted by No. 101 of 1999, s. 6, Applied:01 Mar 2000]

(1)  [Section 11 Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] The Minister may appoint a State Service officer or State Service employee to be Director of Inland Fisheries.

(2)  [Section 11 Subsection (2) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] A person appointed as Director of Inland Fisheries may hold that office in conjunction with State Service employment.

(3)  [Section 11 Subsection (3) inserted by No. 103 of 2000, Sched. 1, Applied:13 Dec 2000] [Section 11 Subsection (3) substituted by No. 54 of 2016, s. 50, Applied:31 Mar 2017] The Director is an employee for the purposes of the Public Sector Superannuation Reform Act 2016 .

(4)  [Section 11 Subsection (4) amended by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005] [Section 11 Subsection (4) inserted by No. 103 of 2000, Sched. 1, Applied:13 Dec 2000] [Section 11 Subsection (4) omitted by No. 54 of 2016, s. 50, Applied:31 Mar 2017] .  .  .  .  .  .  .  .  

(4A)  [Section 11 Subsection (4A) inserted by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005] [Section 11 Subsection (4A) omitted by No. 54 of 2016, s. 50, Applied:31 Mar 2017] .  .  .  .  .  .  .  .  

(5)  [Section 11 Subsection (5) inserted by No. 103 of 2000, Sched. 1, Applied:13 Dec 2000] [Section 11 Subsection (5) omitted by No. 54 of 2016, s. 50, Applied:31 Mar 2017] .  .  .  .  .  .  .  .  

(6)  [Section 11 Subsection (6) amended by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005] [Section 11 Subsection (6) inserted by No. 103 of 2000, Sched. 1, Applied:13 Dec 2000] [Section 11 Subsection (6) omitted by No. 54 of 2016, s. 50, Applied:31 Mar 2017] .  .  .  .  .  .  .  .  

(7)  [Section 11 Subsection (7) inserted by No. 103 of 2000, Sched. 1, Applied:13 Dec 2000] [Section 11 Subsection (7) omitted by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005] .  .  .  .  .  .  .  .

12 Corporation sole

[Section 12 Substituted by No. 101 of 1999, s. 6, Applied:01 Mar 2000]

(1)  The Director is a corporation sole with the corporate name of "Director of Inland Fisheries".

(2)  The Director –

(a) has perpetual succession and a common seal; and

(b) may sue and be sued in the corporate name; and

(c) may acquire, hold, dispose of and otherwise deal with property.

(3)  All courts, judges and persons acting judicially are to –

(d) take judicial notice of the common seal of the Director affixed to any document; and

(e) assume that it was duly affixed.

13 General powers and functions of Director

[Section 13 Substituted by No. 101 of 1999, s. 6, Applied:01 Mar 2000]

(1)  The Director has the following functions:

(a) to manage, control, protect, develop, improve, maintain and regulate salmon fisheries, fisheries in inland waters and freshwater fish;

(b) to stock inland waters with fish;

(c) to create, improve and maintain access to inland waters;

(d) to provide facilities in respect of access to inland waters;

(e) to carry out research and investigation into matters relating to salmon fisheries and fisheries in inland waters;

(f) to collect, publish and disseminate information relating to freshwater fish and inland waters.

(2)  The Director may do anything necessary or convenient to perform any function under this Act.

(3)  The Minister may give directions to the Director relating to the Director's functions and the Director is to comply with those directions.

14 Contracts and arrangements

[Section 14 Substituted by No. 101 of 1999, s. 6, Applied:01 Mar 2000] For the purpose of this Act, the Director may –

(a) enter into any contract or agreement with any person or body; or

(b) make any arrangement with any person or body.

15 Assistance

[Section 15 Substituted by No. 101 of 1999, s. 6, Applied:01 Mar 2000] The Director may give assistance to any person or body by way of a grant or loan or otherwise for any purpose consistent with this Act.

16 Funds of Director

[Section 16 Substituted by No. 101 of 1999, s. 6, Applied:01 Mar 2000]

(1)  The funds of the Director consist of –

(a) any money appropriated by Parliament for the purpose of this Act; and

(b) [Section 16 Subsection (1) amended by No. 46 of 2019, s. 4, Applied:12 Dec 2019] any fees and royalties payable under this Act; and

(c) any money received from the sale of anything forfeited to and sold by the Director; and

(d) any other money received by the Director from any other source.

(2)  One-half of any money received by way of penalties under this Act is payable to the Director.

(3)  The Director must apply the funds for the following purposes:

(a) the payment of expenses, charges and obligations incurred in the administration of this Act;

(b) the provision of financial or other assistance for the purpose of this Act;

(c) [Section 16 Subsection (3) amended by No. 103 of 2000, Sched. 1, Applied:13 Dec 2000] the payment of remuneration payable to persons employed under section 19 .

(4)  The Director may invest any of its funds –

(a) in accordance with section 6 of the Trustee Act 1898 ; or

(b) in any other manner the Treasurer approves.

17 Accounts and audit

[Section 17 Subsection (1) amended by No. 62 of 1996, s. 3 and Sched. 1 ][Section 17 Substituted by No. 101 of 1999, s. 6, Applied:01 Mar 2000]

(1)  The Director may establish any account in any financial institution.

(2)  [Section 17 Subsection (2) amended by No. 4 of 2017, Sched. 1, Applied:01 Jul 2019] The Financial Management Act 2016 applies to the Director as if the Director were an Agency within the meaning of that Act.

18 Delegation

[Section 18 Substituted by No. 101 of 1999, s. 6, Applied:01 Mar 2000]

(1)  The Director, in writing, may delegate to any person or body any function or power, other than this power of delegation.

(2)  The Secretary, in writing, may delegate to any person or body any function or power, other than this power of delegation.

19 Employees

[Section 19 Amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] [Section 19 Substituted by No. 101 of 1999, s. 6, Applied:01 Mar 2000] Subject to and in accordance with the State Service Act 2000 , persons may be appointed or employed for the purpose of this Act.

20 Officers

[Section 20 Substituted by No. 101 of 1999, s. 6, Applied:01 Mar 2000]

(1)  [Section 20 Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] The Secretary may appoint a person appointed or employed pursuant to section 19 as an officer for the purpose of this Act.

(2)  [Section 20 Subsection (2) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] The Secretary may make arrangements with another Head of a State Service Agency for any State Service officer or State Service employee in that Agency to be appointed as an officer for the purpose of this Act.

(3)  [Section 20 Subsection (3) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] A person appointed under subsection (2) may hold office as an officer in conjunction with State Service employment.

(4)  The Director is to issue to an officer an identity card in an approved form.

Division 2 Inland Fisheries Advisory Council

[Division 2 of Part 2 Inserted by No. 101 of 1999, s. 6, Applied:01 Mar 2000]

20A Inland Fisheries Advisory Council

[Section 20A Inserted by No. 101 of 1999, s. 6, Applied:01 Mar 2000]

(1)  The Inland Fisheries Advisory Council is established.

(2)  [Section 20A Subsection (2) substituted by No. 55 of 2002, s. 5, Applied:10 May 2003] The Council consists of –

(a) one person who represents the interests of freshwater angling associations; and

(b) 3 persons who hold angling licences, each of whom represents one of the following:

(i) the northern area;

(ii) the north-western area;

(iii) the southern area; and

(c) one person who represents the interests of freshwater commercial fisheries; and

(d) one person with expertise in the area of conservation of freshwater ecosystems; and

(e) one person with expertise in the area of tourism relating to inland fisheries; and

(f) the Director; and

(g) the chairperson; and

(h) such other persons as the Minister considers appropriate.

(2A)  [Section 20A Subsection (2A) inserted by No. 55 of 2002, s. 5, Applied:10 May 2003] The members of the Council are appointed by the Minister.

(3)  Schedule 3 has effect with respect to membership and meetings of the Council.

20B General functions and powers of Council

[Section 20B Inserted by No. 101 of 1999, s. 6, Applied:01 Mar 2000]

(1)  The Council has the following functions:

(a) to advise the Minister on any matter under this Act;

(b) to advise the Minister on any matters referred to it by the Minister;

(c) to provide a forum for consultation on policy matters;

(d) to advise the Minister on the functions of the Director as they relate to public expectations;

(e) to promote understanding and acceptance of the functions of the Director;

(f) to encourage community support for fisheries management activities;

(g) to review management plans for inland fisheries.

(2)  The Council may do anything necessary or convenient to perform its functions.

Part 3 Licences

21 Commercial freshwater fishing licence

(1)  [Section 21 Subsection (1) amended by No. 55 of 2002, s. 7, Applied:10 May 2003] A person must not take freshwater fish for commercial purposes except under the authority of and in accordance with a commercial freshwater fishing licence.

Penalty:  Fine not exceeding 100 penalty units.

(2)  [Section 21 Subsection (2) substituted by No. 55 of 2002, s. 7, Applied:10 May 2003] Subsection (1) does not apply to a person who takes freshwater fish on behalf of, and as authorised or required by, the holder of a commercial freshwater fishing licence.

22.

[Section 22 Repealed by No. 55 of 2002, s. 8, Applied:10 May 2003]

23.

[Section 23 Subsection (1) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] [Section 23 Subsection (2) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] [Section 23 Repealed by No. 55 of 2002, s. 8, Applied:10 May 2003]

24 Application for commercial freshwater fishing licence

(1)  [Section 24 Subsection (1) amended by No. 55 of 2002, s. 9, Applied:10 May 2003] An application for the grant, variation, renewal, transfer or replacement of a commercial freshwater fishing licence is to–

(a) be in an approved form; and

(b) [Section 24 Subsection (1) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] contain any information the Director requires; and

(c) be accompanied by the prescribed fee; and

(d) [Section 24 Subsection (1) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] be lodged with the Director.

(2)  [Section 24 Subsection (2) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] The Director may require a person to–

(a) [Section 24 Subsection (2) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] provide any further information the Director determines; and

(b) verify by statutory declaration any information given in connection with an application.

25 Grant of commercial freshwater fishing licence

(1)  [Section 25 Subsection (1) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] The Director may–

(a) [Section 25 Subsection (1) amended by No. 101 of 1999, Sched. 3, Applied:01 Mar 2000] [Section 25 Subsection (1) amended by No. 55 of 2002, Sched. 3, Applied:10 May 2003] grant an application for a commercial freshwater fishing licence subject to any condition the Director determines; or

(b) refuse to grant an application.

(2)  [Section 25 Subsection (2) amended by No. 55 of 2002, Sched. 3, Applied:10 May 2003] [Section 25 Subsection (2) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] The Director may only grant an application for a commercial freshwater fishing licence if satisfied that–

(a) the applicant has complied with this Act; and

(b) the applicant is not otherwise disqualified from holding the licence.

(3)  [Section 25 Subsection (3) substituted by No. 55 of 2002, s. 10, Applied:10 May 2003] A commercial freshwater fishing licence may be limited in one or more of the following matters:

(a) the taking of a species of freshwater fish specified in the licence;

(b) the taking of freshwater fish at a particular stage of life specified in the licence;

(c) the taking of freshwater fish from inland waters specified in the licence;

(d) any other matter the Director considers relevant.

(3A)  [Section 25 Subsection (3A) inserted by No. 55 of 2002, s. 10, Applied:10 May 2003] Each of the following persons must comply with the conditions of a commercial freshwater fishing licence in respect of the taking of freshwater fish under that licence:

(a) the holder of the licence;

(b) a person authorised or required by the holder of the licence to take freshwater fish on behalf of the holder.

Penalty:  Fine not exceeding 100 penalty units.

(3B)  [Section 25 Subsection (3B) inserted by No. 55 of 2002, s. 10, Applied:10 May 2003] If a person authorised or required by the holder of a commercial freshwater fishing licence to take freshwater fish on behalf of that holder contravenes a condition of the licence, both that person and that holder are taken to contravene the condition.

(4)  [Section 25 Subsection (4) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] The Director, by notice in writing, is to notify the applicant of the grant or refusal to grant the application.

26 Issue of commercial freshwater fishing licence

(1)  [Section 26 Subsection (1) amended by No. 55 of 2002, Sched. 3, Applied:10 May 2003] [Section 26 Subsection (1) amended by No. 101 of 1999, Sched. 3, Applied:01 Mar 2000] [Section 26 Subsection (1) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] If the Director grants an application for a commercial freshwater fishing licence, the Director is to issue the licence on payment of the prescribed fee.

(2)  [Section 26 Subsection (2) amended by No. 55 of 2002, Sched. 3, Applied:10 May 2003] A commercial freshwater fishing licence is to–

(a) be in an approved form; and

(b) specify the full name and address of the holder of the licence; and

(c) specify the period for which it is in force; and

(d) [Section 26 Subsection (2) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] specify any condition the Director determines under section 25 ; and

(e) be signed in ink by the holder of the licence.

(3)  [Section 26 Subsection (3) amended by No. 55 of 2002, Sched. 3, Applied:10 May 2003] [Section 26 Subsection (3) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] A commercial freshwater fishing licence that is not issued by the Director is of no effect.

(4)  [Section 26 Subsection (4) amended by No. 55 of 2002, Sched. 3, Applied:10 May 2003] [Section 26 Subsection (4) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] A person, other than the Director, must not issue a commercial freshwater fishing licence.

Penalty:  Fine not exceeding 10 penalty units.

27 Period of commercial freshwater fishing licence

[Section 27 Amended by No. 55 of 2002, Sched. 3, Applied:10 May 2003] A commercial freshwater fishing licence is in force for the period specified in the licence, unless sooner cancelled.

28 Sale of commercial freshwater fishing licences

(1)  [Section 28 Subsection (1) amended by No. 55 of 2002, Sched. 3, Applied:10 May 2003] [Section 28 Subsection (1) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] The Director may sell a commercial freshwater fishing licence to any person the Director determines.

(2)  [Section 28 Subsection (2) amended by No. 55 of 2002, Sched. 3, Applied:10 May 2003] [Section 28 Subsection (2) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] The Director may determine the price for the sale of a commercial freshwater fishing licence by either or both of the following:

(a) the process of tender;

(b) [Section 28 Subsection (2) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] any other process the Director considers appropriate.

(3)  [Section 28 Subsection (3) amended by No. 55 of 2002, Sched. 3, Applied:10 May 2003] [Section 28 Subsection (3) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] If the Director sells a commercial freshwater fishing licence to a person to take fish, the Director may–

(a) prohibit other persons from taking the kind or species of fish to which the licence relates; or

(b) [Section 28 Subsection (3) amended by No. 101 of 1999, Sched. 3, Applied:01 Mar 2000] issue a licence to take the kind or species of fish to which the licence relates subject to any condition, restriction or limitation the Director determines.

29 Variation of commercial freshwater fishing licence

(1)  [Section 29 Subsection (1) amended by No. 55 of 2002, Sched. 3, Applied:10 May 2003] [Section 29 Subsection (1) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] The Director, by notice in writing served on the holder of a commercial freshwater fishing licence, may vary a commercial freshwater fishing licence by amending, omitting, substituting or adding to any condition of the licence.

(2)  A person must comply with a condition of a licence as varied.

Penalty:  Fine not exceeding 100 penalty units.

(3)  [Section 29 Subsection (3) amended by No. 55 of 2002, Sched. 3, Applied:10 May 2003] The variation of a commercial freshwater fishing licence takes effect on a date not earlier than 28 days after service of the notice under subsection (1) if–

(a) an appeal is not made under section 58 or an appeal is abandoned; or

(b) an appeal is made under section 58 and the Appeal Tribunal makes an order under section 59 (2) (a) .

(4)  [Section 29 Subsection (4) amended by No. 55 of 2002, Sched. 3, Applied:10 May 2003] [Section 29 Subsection (4) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] The Director may vary a commercial freshwater fishing licence on application and on payment of the prescribed fee.

30 Substitute licence

[Section 30 Amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] [Section 30 Amended by No. 55 of 2002, Sched. 3, Applied:10 May 2003] If the Director varies a commercial freshwater fishing licence, the Director–

(a) may require the holder of the licence to return it; and

(b) is to serve notice on the holder of the licence of the variation and the date of its effect; and

(c) may issue a substitute licence containing any new conditions.

31 Transfer of commercial freshwater fishing licence

(1)  [Section 31 Subsection (1) amended by No. 55 of 2002, Sched. 3, Applied:10 May 2003] [Section 31 Subsection (1) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] The holder of a commercial freshwater fishing licence may apply to the Director for approval to transfer the licence.

(2)  [Section 31 Subsection (2) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] The Director, on payment of the prescribed fee, may approve the transfer of the licence if satisfied that–

(a) the holder has complied with the conditions of the licence; and

(b) the appropriate fees have been paid; and

(c) the person to whom the licence is to be transferred has not been convicted of an offence under this Act; and

(d) it is appropriate to do so.

(3)  [Section 31 Subsection (3) amended by No. 101 of 1999, Sched. 3, Applied:01 Mar 2000] [Section 31 Subsection (3) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] The Director may approve the transfer of the licence subject to any condition the Director determines.

(4)  [Section 31 Subsection (4) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] The Director may refuse to approve the transfer of the licence if not satisfied as required under subsection (2) .

(5)  [Section 31 Subsection (5) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] The Director, by notice in writing, is to notify the holder of the licence of the approval or refusal to approve the transfer of the licence.

32 Renewal of commercial freshwater fishing licence

(1)  [Section 32 Subsection (1) amended by No. 55 of 2002, Sched. 3, Applied:10 May 2003] [Section 32 Subsection (1) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] The holder of a commercial freshwater fishing licence may apply to the Director for the renewal of the licence.

(2)  [Section 32 Subsection (2) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] The Director may–

(a) grant an application to renew the licence; or

(b) refuse to grant the application.

(3)  [Section 32 Subsection (3) amended by No. 101 of 1999, s. 7, Applied:01 Mar 2000] In exercising any power under subsection (2) , the Director must take into account whether or not–

(a) the holder has complied with the conditions of the licence; and

(b) the holder has not been convicted of an offence under this Act; and

(c) [Section 32 Subsection (3) amended by No. 55 of 2002, s. 11, Applied:10 May 2003] the appropriate fees, if any, have been paid.

(4)  [Section 32 Subsection (4) substituted by No. 101 of 1999, s. 7, Applied:01 Mar 2000] The Director may impose any condition on the renewed licence the Director determines.

(5)  [Section 32 Subsection (5) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] The Director, by notice in writing, is to notify the holder of the licence of the renewal or refusal to renew the licence.

(6)  [Section 32 Subsection (6) inserted by No. 55 of 2002, s. 11, Applied:10 May 2003] This Act applies to a renewed licence and its conditions as if it were the original licence and conditions.

33 Cancellation of commercial freshwater fishing licence

(1)  [Section 33 Subsection (1) amended by No. 55 of 2002, Sched. 3, Applied:10 May 2003] [Section 33 Subsection (1) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] The Director, by notice in writing served on the holder of a commercial freshwater fishing licence, may cancel the licence if the holder–

(a) fails to comply with a condition of the licence; or

(b) is convicted of an offence under this Act.

(2)  [Section 33 Subsection (2) amended by No. 55 of 2002, Sched. 3, Applied:10 May 2003] The cancellation of a commercial freshwater fishing licence takes effect on a date not earlier than 28 days after service of the notice under subsection (1) if–

(a) an appeal is not made under section 58 or an appeal is abandoned; or

(b) an appeal is made under section 58 and the Appeal Tribunal makes an order under section 59 (1) (a) .

(3)  [Section 33 Subsection (3) amended by No. 55 of 2002, Sched. 3, Applied:10 May 2003] A person whose commercial freshwater fishing licence has been cancelled is not entitled to compensation or a refund in respect of any matter arising from the cancellation.

34 Surrender of commercial freshwater fishing licence

(1)  [Section 34 Subsection (1) amended by No. 55 of 2002, Sched. 3, Applied:10 May 2003] [Section 34 Subsection (1) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] The holder of a commercial freshwater fishing licence, by notice in writing to the Director, may surrender the licence.

(2)  [Section 34 Subsection (2) amended by No. 55 of 2002, Sched. 3, Applied:10 May 2003] A commercial freshwater fishing licence ceases to have effect–

(a) on the date specified in the notice; or

(b) if a date is not specified, on the date of receipt of the notice.

(3)  [Section 34 Subsection (3) amended by No. 55 of 2002, Sched. 3, Applied:10 May 2003] A person who surrenders a commercial freshwater fishing licence is not entitled to any compensation or refund in respect of any matter arising from the surrender.

35 Returns

(1)  [Section 35 Subsection (1) amended by No. 55 of 2002, Sched. 3, Applied:10 May 2003] [Section 35 Subsection (1) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] The holder of a commercial freshwater fishing licence is to submit a return to the Director in an approved form when required by the Director to do so.

(2)  A return is to specify –

(a) [Section 35 Subsection (2) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] any details and information the Director requires; and

(b) any other prescribed details and information.

36 Disqualification from applying for or obtaining licence

[Section 36 Amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] [Section 36 Amended by No. 55 of 2002, Sched. 3, Applied:10 May 2003] The Director may determine that a person who is convicted of an offence under this Act is disqualified from applying for and obtaining a commercial freshwater fishing licence for a specified period.

37 Angling licence

(1)  A person must not take acclimatised fish or indigenous fish without an angling licence.

Penalty:  In the case of –

(a) a first offence, a fine not less than 2 penalty units and not more than 5 penalty units together with a special penalty of 0·5 penalty unit for each fish; and

(b) a subsequent offence, a fine not less than 5 penalty units and not more than 10 penalty units together with a special penalty of 0·5 penalty unit for each fish.

(2)  A person must not possess any assembled rod, reel and line at any inland waters during a period when the taking of acclimatised fish is permitted without an angling licence.

Penalty:  In the case of –

(a) a first offence, a fine not less than 2 penalty units and not more than 5 penalty units together with a special penalty of 0·5 penalty unit for each fish; and

(b) a subsequent offence, a fine not less than 5 penalty units and not more than 10 penalty units together with a special penalty of 0·5 penalty unit for each fish.

(3)  Subsection (1) does not apply –

(a) to a person taking indigenous fish in prescribed rivers; or

(b) to a person taking fish in a prescribed manner or by any prescribed means; or

(c) to a person taking fish in State waters other than salmon in excepted waters; or

(d) to a person or class of person exempted under subsection (4) .

(4)  [Section 37 Subsection (4) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] The Director, by notice in writing, may exempt a person or class of person from this section in relation to any specified waters and subject to any specified condition.

(5)  [Section 37 Subsection (5) amended by No. 101 of 1999, s. 8, Applied:01 Mar 2000] A person is to apply to a person authorised under subsection (7) for an angling licence in an approved form accompanied by the prescribed fee.

(6)  An angling licence is to –

(a) be in an approved form; and

(b) specify the full name and address of the holder of the licence; and

(c) specify the period for which it is in force; and

(d) be signed in ink by the holder of the licence.

(7)  [Section 37 Subsection (7) inserted by No. 101 of 1999, s. 8, Applied:01 Mar 2000] The Director may authorise a person to issue angling licences.

(8)  [Section 37 Subsection (8) inserted by No. 101 of 1999, s. 8, Applied:01 Mar 2000] A person authorised under subsection (7) is to issue an angling licence to an applicant on receipt of the application and payment of the prescribed fee.

38 Whitebait licence

(1)  A person must not take or possess whitebait without a whitebait licence.

Penalty:  In the case of –

(a) [Section 38 Subsection (1) amended by No. 45 of 2005, s. 4, Applied:24 Nov 2005] a first offence, a fine not less than 2 penalty units and not more than 5 penalty units together with a special penalty of 1 penalty unit for each kilogram of whitebait; and

(b) [Section 38 Subsection (1) amended by No. 45 of 2005, s. 4, Applied:24 Nov 2005] a subsequent offence, a fine not less than 5 penalty units and not more than 10 penalty units together with a special penalty of 1 penalty unit for each kilogram of whitebait.

(2)  A whitebait licence does not confer the right to sell any whitebait.

(2A)  [Section 38 Subsection (2A) inserted by No. 64 of 2007, s. 5, Applied:19 Dec 2007] A person who has not attained the age of 10 years is not eligible to hold a whitebait licence.

(3)  [Section 38 Subsection (3) amended by No. 101 of 1999, s. 9, Applied:01 Mar 2000] A person is to apply to a person authorised under subsection (5) for a whitebait licence in an approved form accompanied by the prescribed fee.

(4)  A whitebait licence is to –

(a) be in an approved form; and

(b) specify the full name and address of the holder of the licence; and

(c) specify the period for which it is in force; and

(d) be signed in ink by the holder of the licence.

(5)  [Section 38 Subsection (5) inserted by No. 101 of 1999, s. 9, Applied:01 Mar 2000] The Director may authorise a person to issue whitebait licences.

(6)  [Section 38 Subsection (6) inserted by No. 101 of 1999, s. 9, Applied:01 Mar 2000] A person authorised under subsection (5) is to issue a whitebait licence to an applicant on receipt of the application and payment of the prescribed fee.

38A Disqualification from applying for or obtaining recreational licence

[Section 38A Inserted by No. 58 of 2000, s. 4, Applied:19 Sep 2000]

(1)  The Director, by notice in writing, may disqualify a person who is convicted of an offence under this Act from applying for and obtaining a recreational licence for a specified period not exceeding 5 years.

(2)  A notice is to be sent by normal post to the person's last known address.

(3)  A disqualification takes effect on a date not earlier than 28 days after the date of the notice if –

(a) an appeal is not made under section 58(1)(ea) or the appeal is made but abandoned; or

(b) an appeal is made under section 58(1)(ea) and the Appeal Tribunal makes an order under section 59(3A)(a) .

(4)  A recreational licence held by a person disqualified under subsection (1) ceases to have effect 7 days after the disqualification takes effect.

(5)  A recreational licence obtained by a person disqualified under subsection (1) during the period of that disqualification is invalid.

(6)  In any proceedings for an offence under this Act, a copy of the notice is evidence of the fact that the notice was duly sent.

Division 3 Fish farm licences

39 Declared fish

The Minister, by order, may declare any kind or species of freshwater fish to be fish to which this Division applies.

40 Application for fish farm licence

(1)  A person must not operate a fish farm without a fish farm licence.

Penalty:  Fine not exceeding 100 penalty units.

(2)  An application for a fish farm licence is to –

(a) be in an approved form; and

(b) [Section 40 Subsection (2) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] contain any relevant information the Minister or the Director requires; and

(c) be accompanied by the prescribed fee; and

(d) [Section 40 Subsection (2) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] be lodged with the Director.

(3)  [Section 40 Subsection (3) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] The Minister or the Director may require a person to–

(a) [Section 40 Subsection (3) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] provide any further relevant information the Minister or the Director determines; and

(b) verify by statutory declaration any information given in connection with an application.

41 Grant of fish farm licence

(1)  [Section 41 Subsection (1) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] [Section 41 Subsection (1) substituted by No. 55 of 2002, s. 12, Applied:10 May 2003] The Director may grant an application for a fish farm licence if satisfied that –

(a) the applicant is a fit and proper person to hold the licence; and

(b) there are no environmental or resource constraints on doing so; and

(c) the applicant has paid any prescribed application fee; and

(d) it is appropriate to do so.

(1A)  [Section 41 Subsection (1A) inserted by No. 55 of 2002, s. 12, Applied:10 May 2003] In determining whether an applicant is a fit and proper person to hold a fish farm licence, the Director must consider whether the applicant –

(a) has contravened this Act; and

(b) has committed any offence the Director considers relevant.

(2)  [Section 41 Subsection (2) amended by No. 55 of 2002, Sched. 2, Applied:10 May 2003] The Director must not grant an application for a fish farm licence relating to Atlantic salmon without the agreement of the Minister responsible for the administration of the Living Marine Resources Management Act 1995 .

(3)  [Section 41 Subsection (3) amended by No. 55 of 2002, s. 12, Applied:10 May 2003] The Director must refuse to grant an application for a fish farm licence if not satisfied as required under subsection (1) .

(4)  [Section 41 Subsection (4) amended by No. 55 of 2002, Sched. 2, Applied:10 May 2003] The Director, by notice in writing, is to notify the applicant of the grant or refusal to grant the application.

42 Conditions of fish farm licence

(1)  [Section 42 Subsection (1) amended by No. 55 of 2002, Sched. 2, Applied:10 May 2003] Subject to subsection (3) , the Director may grant an application for a fish farm licence subject to any condition the Director considers necessary or desirable.

(2)  [Section 42 Subsection (2) amended by No. 55 of 2002, Sched. 2, Applied:10 May 2003] The Director, by notice in writing served on the holder of the licence, may vary, amend, omit, substitute or add any condition of a fish farm licence.

(3)  [Section 42 Subsection (3) amended by No. 55 of 2002, Sched. 2, Applied:10 May 2003] The Director must not impose, vary, amend, omit, substitute or add any condition of a fish farm licence relating to Atlantic salmon without the agreement of the Minister responsible for the administration of the Living Marine Resources Management Act 1995 .

(4)  [Section 42 Subsection (4) substituted by No. 55 of 2002, s. 13, Applied:10 May 2003] Each of the following persons must comply with the conditions of a fish farm licence:

(a) the holder of the licence;

(b) an employee or contractor of the licence holder;

(c) any other person authorised or required by the holder of the licence to undertake work relating to the aquatic freshwater species to which the fish farm licence relates on behalf of the licence holder.

Penalty:  Fine not exceeding 100 penalty units.

43 Issue of fish farm licence

(1)  [Section 43 Subsection (1) amended by No. 55 of 2002, Sched. 2, Applied:10 May 2003] If the Director grants an application for a fish farm licence, the Director is to issue the licence on payment of the prescribed fee.

(2)  A fish farm licence is to specify –

(a) the full name and address of the holder of the licence; and

(b) the fishery to which it relates or the waters or premises in which the fishery is contained or to be established; and

(c) the declared fish to which it relates; and

(d) any premises used or intended to be used in connection with the production, storage, treatment or disposal of fish from the fishery; and

(e) [Section 43 Subsection (2) amended by No. 55 of 2002, Sched. 2, Applied:10 May 2003] any conditions the Director determines under section 42 ; and

(f) the period for which it is in force.

(3)  [Section 43 Subsection (3) amended by No. 55 of 2002, Sched. 2, Applied:10 May 2003] A fish farm licence which is not issued by the Director or does not comply with subsection (2) is of no effect.

44 Period of fish farm licence

A fish farm licence is in force for the period, not exceeding 20 years, specified in the licence, unless sooner cancelled.

45 Variation of fish farm licence

(1)  [Section 45 Subsection (1) amended by No. 55 of 2002, s. 14, Applied:10 May 2003] [Section 45 Subsection (1) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] Subject to subsections (6) and (7) , the Director may decide to vary a fish farm licence.

(2)  [Section 45 Subsection (2) amended by No. 55 of 2002, Sched. 2, Applied:10 May 2003] Before varying a fish farm licence, the Director is to serve a notice on the holder of the licence stating–

(a) the proposed variation; and

(b) that the holder may make oral or written representations in respect of the proposed variation; and

(c) the period during which representations may be made.

(3)  The period during which representations may be made is to be at least 28 days from the date of service of the notice.

(4)  [Section 45 Subsection (4) amended by No. 55 of 2002, Sched. 2, Applied:10 May 2003] After taking into account any representations, the Director may vary a fish farm licence by serving notice on the holder of the licence stating–

(a) any variation made; and

(b) the date on which any variation takes effect.

(5)  A variation of a fish farm licence takes effect –

(a) on a date not earlier than 28 days after service of the notice under subsection (4) if –

(i) an appeal is not made under section 58 or an appeal is abandoned; or

(ii) an appeal is made under section 58 and the Appeal Tribunal makes an order under section 59 (2) (a) ; or

(b) on an earlier date with the agreement of the holder of the licence.

(6)  [Section 45 Subsection (6) amended by No. 55 of 2002, Sched. 2, Applied:10 May 2003] The Director must not vary a fish farm licence relating to Atlantic salmon without the agreement of the Minister responsible for the administration of the Living Marine Resources Management Act 1995 .

(7)  [Section 45 Subsection (7) amended by No. 55 of 2002, Sched. 2, Applied:10 May 2003] [Section 45 Subsection (7) amended by No. 55 of 2002, Sched. 2, Applied:10 May 2003] The Director must not vary a fish farm licence by reducing the level of production of Atlantic salmon unless the Director is satisfied that–

(a) there are environmental constraints on the continued production at that level; or

(b) [Section 45 Subsection (7) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] [Section 45 Subsection (7) amended by No. 55 of 2002, s. 14, Applied:10 May 2003] after consultation with the Minister responsible for the administration of the Living Marine Resources Management Act 1995 , that an emergency exists.

46 Transfer of fish farm licence

(1)  [Section 46 Subsection (1) amended by No. 55 of 2002, Sched. 2, Applied:10 May 2003] The holder of a fish farm licence may apply to the Director for approval to transfer the licence.

(2)  [Section 46 Subsection (2) substituted by No. 55 of 2002, s. 15, Applied:10 May 2003] The Director may approve the transfer of a fish farm licence if satisfied that –

(a) the transfer recipient is a fit and proper person to hold the licence; and

(b) there are no environmental or resource constraints on doing so; and

(c) any prescribed application fee for the transfer of the fish farm licence has been paid; and

(d) it is appropriate to do so.

(2A)  [Section 46 Subsection (2A) inserted by No. 55 of 2002, s. 15, Applied:10 May 2003] In determining whether the transfer recipient is a fit and proper person to hold the fish farm licence, the Director must consider whether that person –

(a) has contravened this Act; and

(b) has committed any offence the Director considers relevant.

(3)  [Section 46 Subsection (3) amended by No. 55 of 2002, Sched. 2, Applied:10 May 2003] The Director may approve the transfer of a fish farm licence subject to any condition the Director determines.

(4)  [Section 46 Subsection (4) amended by No. 55 of 2002, Sched. 2, Applied:10 May 2003] The Director may refuse to approve the transfer of the licence if not satisfied as required under subsection (2) .

(5)  [Section 46 Subsection (5) amended by No. 55 of 2002, Sched. 2, Applied:10 May 2003] The Director, by notice in writing, is to notify the holder of the licence of the approval or refusal to approve the transfer of the licence.

47 Renewal of fish farm licence

(1)  [Section 47 Subsection (1) amended by No. 55 of 2002, Sched. 2, Applied:10 May 2003] The holder of a fish farm licence may apply to the Director for the renewal of the licence.

(2)  [Section 47 Subsection (2) substituted by No. 55 of 2002, s. 16, Applied:10 May 2003] The Director may renew a fish farm licence if satisfied that –

(a) the applicant is a fit and proper person to continue to hold the licence; and

(b) there are no environmental or resource constraints on doing so; and

(c) any prescribed application fee for the renewal of the fish farm licence has been paid; and

(d) it is appropriate to do so.

(2A)  [Section 47 Subsection (2A) inserted by No. 55 of 2002, s. 16, Applied:10 May 2003] In determining whether an applicant is a fit and proper person to continue to hold a fish farm licence, the Director must consider whether the applicant –

(a) has contravened this Act; and

(b) has committed any offence the Director considers relevant.

(3)  [Section 47 Subsection (3) amended by No. 55 of 2002, Sched. 2, Applied:10 May 2003] The Director may impose any condition on the renewed licence the Director determines.

(4)  [Section 47 Subsection (4) amended by No. 55 of 2002, Sched. 2, Applied:10 May 2003] The Director must not renew a fish farm licence relating to Atlantic salmon without the agreement of the Minister responsible for the administration of the Living Marine Resources Management Act 1995 .

(5)  [Section 47 Subsection (5) amended by No. 55 of 2002, Sched. 2, Applied:10 May 2003] The Director may refuse to renew a fish farm licence if not satisfied as required under subsection (2) .

(6)  [Section 47 Subsection (6) amended by No. 55 of 2002, Sched. 2, Applied:10 May 2003] The Director, by notice in writing, is to notify the holder of the licence of the renewal or refusal to renew the licence.

(7)  [Section 47 Subsection (7) inserted by No. 55 of 2002, s. 16, Applied:10 May 2003] This Act applies to a renewed licence and its conditions as if it were the original licence and conditions.

48 Cancellation of fish farm licence

(1)  [Section 48 Subsection (1) amended by No. 55 of 2002, s. 17, Applied:10 May 2003] [Section 48 Subsection (1) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] The Director may decide to cancel a fish farm licence if satisfied that–

(a) the kind or species of fish to which the licence relates are not being produced in the quantities as to warrant the continuance of the licence; or

(b) the holder of the licence has no substantial interest in the fishery to which it relates; or

(c) any condition of the licence has not been complied with; or

(d) [Section 48 Subsection (1) amended by No. 55 of 2002, s. 17, Applied:10 May 2003] the holder of the licence has been convicted of –

(i) an offence under this Act; or

(ii) any other offence the Director considers relevant; or

(e) [Section 48 Subsection (1) amended by No. 55 of 2002, s. 17, Applied:10 May 2003] the holder of the licence has failed to pay any relevant fee.

(2)  [Section 48 Subsection (2) amended by No. 55 of 2002, Sched. 2, Applied:10 May 2003] The Director must not decide to cancel a fish farm licence relating to Atlantic salmon without the agreement of the Minister responsible for the administration of the Living Marine Resources Management Act 1995 .

(3)  [Section 48 Subsection (3) amended by No. 55 of 2002, Sched. 2, Applied:10 May 2003] Before cancelling a fish farm licence, the Director is to serve a notice on the holder of the licence stating–

(a) the grounds on which the licence is to be cancelled; and

(b) that the holder may make oral or written representations in respect of the cancellation; and

(c) the period during which representations may be made.

(4)  The period during which representations may be made is to be at least 28 days from the date of service of the notice.

(5)  [Section 48 Subsection (5) amended by No. 55 of 2002, Sched. 2, Applied:10 May 2003] After taking into account any representations, the Director may cancel a fish farm licence by serving notice on the holder of the licence stating the date on which the cancellation takes effect.

(6)  The cancellation of a fish farm licence takes effect –

(a) on a date not earlier than 28 days after service of the notice under subsection (5) if –

(i) an appeal is not made under section 58 or an appeal is abandoned; or

(ii) an appeal is made under section 58 and the Appeal Tribunal makes an order under section 59 (1) (a) ; or

(b) on an earlier date with the agreement of the holder of the licence.

(7)  A person whose fish farm licence has been cancelled is not entitled to compensation or a refund in respect of any matter arising from the cancellation.

49 Surrender of fish farm licence

(1)  [Section 49 Subsection (1) amended by No. 55 of 2002, Sched. 2, Applied:10 May 2003] The holder of a fish farm licence, by notice in writing to the Director, may surrender the licence.

(2)  A fish farm licence ceases to have effect –

(a) on the date specified in the notice; or

(b) if a date is not specified, on the date of receipt of the notice.

(3)  A person who surrenders a fish farm licence is not entitled to any compensation or refund in respect of any matter arising from the surrender.

50 Disqualification from applying for or obtaining licence

[Section 50 Amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] The Director may determine that a person who is convicted of an offence under this Act is disqualified from applying for and obtaining a fish farm licence for a specified period.

51 Records relating to declared fish

(1)  The holder of a fish farm licence is to keep records relating to –

(a) declared fish removed from the fish farm to which the licence relates; and

(b) declared fish produced in that fish farm.

(2)  Records under subsection (1) are to –

(a) be kept in an approved form and manner; and

(b) state the following in respect of declared fish in the fish farm:

(i) the date on which the fish were removed;

(ii) the nature of the packages or containers in which they were removed;

(iii) the place or premises to which they were removed;

(iv) the name and address of any person to whom the fish were sold or delivered;

(v) the number of fish produced or removed;

(vi) the species of fish produced or removed;

(vii) the size and weight of fish produced or removed;

(viii) the prices received for the fish.

(3)  [Section 51 Subsection (3) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] The holder of a fish farm licence must give the Director any records kept under this section as the Director requires.

Penalty:  Fine not exceeding 10 penalty units.

51A Notification of Director, EPA, of certain matters

[Section 51A Inserted by No. 46 of 2017, s. 26, Applied:04 Dec 2017]

(1)  In this section –

Director, EPA means the Director, Environment Protection Authority, appointed under section 18 of the Environmental Management and Pollution Control Act 1994 ;

finfish farming has the same meaning as in the Environmental Management and Pollution Control Act 1994 .

(2)  The Director is to notify the Director, EPA of –

(a) an application for the grant, renewal, or transfer, of a fish farm licence in relation to finfish farming; and

(b) a decision of the Director to grant, or to refuse to grant, a fish farm licence in relation to finfish farming; and

(c) a decision of the Director to renew, or to refuse to renew, a fish farm licence in relation to finfish farming; and

(d) a decision of the Director to transfer, or to refuse to transfer, a fish farm licence in relation to finfish farming; and

(e) a decision of the Director to vary a fish farm licence in relation to finfish farming; and

(f) a decision of the Director to cancel a fish farm licence in relation to finfish farming; and

(g) the surrender of a fish farm licence in relation to finfish farming.

Division 4 General provisions

52 Replacement of licence

(1)  [Section 52 Subsection (1) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] A person may apply to the Director for the replacement of any licence if the original licence is lost or destroyed.

(2)  [Section 52 Subsection (2) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] The Director, on payment of the prescribed fee and if satisfied that an original licence is lost or destroyed, is to issue a replacement licence.

(3)  A replacement licence –

(a) is subject to the same conditions as the original licence; and

(b) is in force for the same period as the original licence; and

(c) must be clearly marked as being a replacement licence.

53 Production of licence

The holder of any licence must produce the licence to an officer within 14 days after the officer requires the production.

Penalty:  Fine not exceeding 1 penalty unit.

54 Production of other person's licence

A person who is not the holder of any licence must not –

(a) produce to an officer a licence of another person; or

(b) falsely represent to an officer that he or she is the holder of the licence.

Penalty:  Fine not exceeding 3 penalty units.

55 Use of licences by others

The holder of a licence must not –

(a) lend the licence to another person; or

(b) cause or permit the licence to be used in a way which is likely to deceive an officer.

Penalty:  Fine not exceeding 3 penalty units.

56 Effectiveness of licence

(1)  A licence has no effect unless any fees payable in respect of the licence have been paid.

(2)  A licence which is not signed in ink by the holder is of no effect.

57 Death of holder of licence

[Section 57 Amended by No. 55 of 2002, Sched. 3, Applied:10 May 2003] If the holder of a commercial freshwater fishing licence or a fish farm licence dies, the licence continues in force as if it had been transferred to the executor or administrator of the holder's estate.

58 Appeals

(1)  A person may appeal, in an approved form, to the Appeal Tribunal against any of the following:

(a) [Section 58 Subsection (1) amended by No. 55 of 2002, Sched. 3, Applied:10 May 2003] the refusal to grant a commercial freshwater fishing licence;

(b) [Section 58 Subsection (1) amended by No. 55 of 2002, Sched. 3, Applied:10 May 2003] the variation of a commercial freshwater fishing licence;

(c) [Section 58 Subsection (1) amended by No. 55 of 2002, Sched. 3, Applied:10 May 2003] the refusal to approve the transfer of a commercial freshwater fishing licence;

(d) [Section 58 Subsection (1) amended by No. 55 of 2002, Sched. 3, Applied:10 May 2003] the refusal to renew a commercial freshwater fishing licence;

(e) [Section 58 Subsection (1) amended by No. 55 of 2002, Sched. 3, Applied:10 May 2003] the cancellation of a commercial freshwater fishing licence;

(ea) [Section 58 Subsection (1) amended by No. 58 of 2000, s. 5, Applied:19 Sep 2000] the disqualification from applying for and obtaining a recreational licence;

(f) the refusal to grant a fish farm licence;

(g) the variation of a fish farm licence;

(h) the refusal to approve the transfer of a fish farm licence;

(i) the refusal to renew a fish farm licence;

(j) the cancellation of a fish farm licence.

(2)  An appeal is to be instituted within 28 daysafter service of a notice under –

(a) section 25 (4) for an appeal under subsection (1) (a) ; or

(b) section 29 (1) for an appeal under subsection (1) (b) ; or

(c) section 31 (5) for an appeal under subsection (1) (c) ; or

(d) section 32 (5) for an appeal under subsection (1) (d) ; or

(e) section 33 (1) for an appeal under subsection (1) (e) ; or

(f) section 41 (4) for an appeal under subsection (1) (f) ; or

(g) section 45 (4) for an appeal under subsection (1) (g) ; or

(h) section 46 (5) for an appeal under subsection (1) (h) ; or

(i) section 47 (6) for an appeal under subsection (1) (i) ; or

(j) section 48 (5) for an appeal under subsection (1) (j) .

(3)  [Section 58 Subsection (3) inserted by No. 58 of 2000, s. 5, Applied:19 Sep 2000] An appeal under subsection (1)(ea) is to be instituted within 28 days after the date of a notice sent under section 38A .

59 Hearing of appeal

(1)  On the hearing of an appeal against the cancellation of a licence, the Appeal Tribunal may –

(a) dismiss the appeal; or

(b) revoke the cancellation if satisfied that –

(i) substantial grounds for the cancellation do not exist; or

(ii) undue hardship would result from the cancellation and the continuance of the licence would not be contrary to the public interest.

(2)  On the hearing of an appeal against the variation of a licence, the Appeal Tribunal may –

(a) dismiss the appeal; or

(b) revoke the variation; or

(c) revoke the variation and substitute any other variation.

(3)  On the hearing of an appeal against the refusal to grant, renew or approve the transfer of, a licence, the Appeal Tribunal may –

(a) dismiss the appeal; or

(b) revoke the refusal if satisfied that –

(i) substantial grounds for the refusal do not exist; or

(ii) undue hardship would result from the refusal and the grant, renewal or approval would not be contrary to the public interest.

(3A)  [Section 59 Subsection (3A) inserted by No. 58 of 2000, s. 6, Applied:19 Sep 2000] On the hearing of an appeal against a disqualification from applying for and obtaining a recreational licence, the Appeal Tribunal may –

(a) dismiss the appeal; or

(b) revoke the disqualification if satisfied that –

(i) substantial grounds for the disqualification do not exist; or

(ii) undue hardship would result from the disqualification.

(4)  [Section 59 Subsection (4) substituted by No. 18 of 2021, s. 220, Applied:05 Nov 2021] The decision of the Appeal Tribunal on the hearing of an appeal under this Act is final and section 136 of the Tasmanian Civil and Administrative Tribunal Act 2020 does not apply.

Part 4 Registration Provisions

60 Declaration of applicable fish

The Minister, by order, may declare any kind or species of freshwater fish to be applicable fish to which this Division applies.

61 Definition of "dealing with applicable fish"

[Section 61 Substituted by No. 55 of 2002, s. 18, Applied:10 May 2003] A person deals with applicable fish if the person –

(a) imports the fish for commercial purposes; or

(b) sells the fish; or

(c) processes or treats the fish for commercial purposes; or

(d) manufactures or obtains any substance from the fish for commercial purposes.

62 Restriction on dealing with applicable fish

[Section 62 Subsection (3) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] [Section 62 Substituted by No. 55 of 2002, s. 18, Applied:10 May 2003]

(1)  A person must not deal with applicable fish except where the person is a registered fish dealer and does so under the authority of, and in accordance with, a fish dealer's registration certificate.

Penalty:  Fine not exceeding 100 penalty units.

(2)  The Director, by notice in the Gazette, may exempt a person or class of person from any provision of this Division –

(a) in respect of any specified kind or species of fish; or

(b) in any specified circumstances.

63 Registration as fish dealer

[Section 63 Subsection (1) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] [Section 63 Subsection (1) amended by No. 101 of 1999, Sched. 3, Applied:01 Mar 2000] [Section 63 Subsection (2) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] [Section 63 Substituted by No. 55 of 2002, s. 18, Applied:10 May 2003]

(1)  On receipt of an application for registration as a fish dealer under section 76 , the Director may register or refuse to register the applicant as a registered fish dealer.

(2)  The Director must notify the applicant, in writing, of the decision made under subsection (1) .

64 Registration subject to conditions

[Section 64 Subsection (1) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] [Section 64 Substituted by No. 55 of 2002, s. 18, Applied:10 May 2003]

(1)  The registration of a fish dealer is subject to any condition specified in the fish dealer's registration certificate.

(2)  Without limiting the conditions which may be specified in a fish dealer's registration certificate, those conditions may include conditions relating to one or more of the following:

(a) a kind or species of applicable fish;

(b) the premises in which applicable fish may be kept or dealt with;

(c) the keeping and provision of records and returns.

(3)  Each of the following persons must comply with the conditions of a fish dealer's registration certificate in respect of activities under that certificate:

(a) the holder of the certificate;

(b) a person authorised or required by the holder of the certificate to undertake activities on behalf of the holder.

Penalty:  Fine not exceeding 100 penalty units.

(4)  The conditions specified in a fish dealer's registration certificate form part of that certificate.

65 Issue of fish dealer's registration certificate

[Section 65 Subsection (3) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] [Section 65 Repealed by No. 55 of 2002, s. 19, Applied:10 May 2003]

(1)  After granting registration as a registered fish dealer and on receipt of any prescribed fee, the Director is to issue a fish dealer's registration certificate to the person granted registration.

(2)  A certificate of registration is to be in the approved form.

66 Authority and term of registration

[Section 66 Amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] [Section 66 Amended by No. 101 of 1999, Sched. 3, Applied:01 Mar 2000] [Section 66 Repealed by No. 55 of 2002, s. 19, Applied:10 May 2003] A registered fish dealer is authorised to carry on one or more of the following activities as specified in the fish dealer's registration certificate:

(a) importing all, or a specified species or a specified kind of, applicable fish;

(b) selling a specified species or a specified kind of applicable fish;

(c) processing or treating a specified species or a specified kind of applicable fish;

(d) manufacturing or obtaining any substance from all, or a specified species or a specified kind of, applicable fish for the purpose of sale.

67 General provisions relating to registration

[Section 67 Subsection (1) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] [Section 67 Repealed by No. 55 of 2002, s. 19, Applied:10 May 2003] Division 4 applies in respect of a registration under this Division.

68.

[Section 68 Subsection (1) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] [Section 68 Subsection (3) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] [Section 68 Repealed by No. 55 of 2002, s. 19, Applied:10 May 2003]

69 Registration of private fishery

[Section 69 Amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] A person may apply to the Director in accordance with section 76 for the registration of a private fishery.

70 Granting of registration of private fishery

[Section 70 Amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] The Director may–

(a) [Section 70 Amended by No. 101 of 1999, Sched. 3, Applied:01 Mar 2000] grant an application for the registration of a private fishery subject to any condition the Director determines; or

(b) refuse to grant the application.

71 Certificate of registration of private fishery

(1)  [Section 71 Subsection (1) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] If the Director grants an application to a person under section 70 , the Director, on payment of the prescribed fee, is to issue to the person a certificate of registration of a private fishery.

(2)  A certificate of registration is to –

(a) be in an approved form; and

(b) specify the following:

(i) the full name and address of the applicant;

(ii) the particulars of the fishery to which it relates;

(iii) any condition to which the registration is subject;

(iv) the date of issue of the certificate.

72 Period of registration

The registration of a private fishery is in force for a period of 12 months after the date of issue of the certificate of registration.

73 Duties of owner of registered fishery

(1)  [Section 73 Subsection (1) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] The owner of a registered private fishery must, as soon as practicable, notify the Director–

(a) of any unusual mortality among fish in the fishery; or

(b) of any disease in the fish in the fishery.

Penalty:  Fine not exceeding 10 penalty units.

(2)  [Section 73 Subsection (2) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] The owner of a registered private fishery must ensure that any barriers or screens required by the Director to prevent fish swimming into or out of the fishery are provided and maintained in an approved manner.

Penalty:  Fine not exceeding 10 penalty units and a daily fine not exceeding 1 penalty unit.

(3)  [Section 73 Subsection (3) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] The owner of a registered private fishery, without the written consent of the Director, must not–

(a) extend or alter the fishery; or

(b) change the site of the fishery.

Penalty:  Fine not exceeding 10 penalty units.

74 Change of ownership of registered fishery

(1)  [Section 74 Subsection (1) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] The owner of a registered private fishery must notify the Director of a change of ownership of the fishery.

Penalty:  Fine not exceeding 10 penalty units.

(2)  If there is a change of ownership of a registered private fishery and a notification is not made under subsection (1) , the registration of that fishery is cancelled.

(3)  [Section 74 Subsection (3) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] The Director, on being notified of a change of ownership of a registered private fishery is to endorse the certificate of registration issued under section 71 accordingly.

75 Entry into fishery

(1)  An officer may enter a registered private fishery to –

(a) inspect the fishery; and

(b) sample, treat, remove or destroy any diseased or unhealthy fish.

(2)  An officer may order the owner of a registered private fishery to –

(a) cause any diseased or unhealthy fish to be treated, removed or destroyed; or

(b) cause the fishery to be drained and cleaned.

(3)  A person must comply with an order under subsection (2) within any period specified in the order.

Penalty:  Fine not exceeding 10 penalty units and a daily fine not exceeding 1 penalty unit.

76 Applications for registration

An application under this Part is to –

(a) be in an approved form; and

(b) [Section 76 Amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] contain any particulars the Director requires; and

(c) be accompanied by the prescribed fee; and

(d) [Section 76 Amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] be lodged with the Director.

76A Amendment of registration

[Section 76A Inserted by No. 55 of 2002, s. 20, Applied:10 May 2003]

(1)  In this section,

registration certificate means a fish dealer's registration certificate and a certificate of registration under section 71 .

(2)  At any time, the Director may amend a registration certificate.

(3)  If the Director alters a registration certificate, the Director must notify the holder of the certificate in writing of –

(a) the alteration; and

(b) the day on which the alteration takes effect, being a day not earlier than 21 days after the notice is provided to the holder of the certificate; and

(c) the reasons for the alteration.

(4)  The Director may require the holder of a registration certificate to surrender it for the purpose of altering it.

(5)  The holder of a registration certificate must comply with a requirement made under subsection (4) .

Penalty:  Fine not exceeding 100 penalty units.

77 Renewal of registration

(1)  [Section 77 Subsection (1) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] A person may apply to the Director in accordance with section 76 for the renewal of–

(a) the registration as a registered fish dealer; or

(b) the registration of premises; or

(c) the registration of a private fishery.

(2)  [Section 77 Subsection (2) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] The Director may–

(a) [Section 77 Subsection (2) amended by No. 101 of 1999, Sched. 3, Applied:01 Mar 2000] grant an application subject to any condition the Director determines; or

(b) refuse to grant the application.

(3)  [Section 77 Subsection (3) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] If the Director grants an application to a person, the Director, on payment of the prescribed fee, is to issue to the person a certificate of registration in accordance with section 64 , 67 or 71 .

78 Transfer of registration

(1)  [Section 78 Subsection (1) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] A person may apply to the Director in accordance with section 76 to transfer the registration as a registered fish dealer to another person.

(2)  [Section 78 Subsection (2) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] The Director may–

(a) [Section 78 Subsection (2) amended by No. 101 of 1999, Sched. 3, Applied:01 Mar 2000] grant an application subject to any condition the Director determines; or

(b) refuse to grant the application.

(3)  [Section 78 Subsection (3) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] If the Director grants an application, the Director, on payment of the prescribed fee, is to–

(a) transfer the registration; and

(b) endorse on the certificate of registration issued under section 64 the name and address of the person to whom the registration has been transferred; and

(c) amend the relevant register referred to in section 196 accordingly.

79 Cancellation of registration

(1)  [Section 79 Subsection (1) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] The Director, by notice in writing served on the person who is granted a registration under this Part, may cancel the registration if–

(a) [Section 79 Subsection (1) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] the Director is satisfied that the person has failed to comply with a condition of the registration; or

(b) the person to whom the registration relates is convicted of an offence under this Act; or

(c) [Section 79 Subsection (1) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] the Director is satisfied that the premises or the fishery to which the registration relates are not being used for the purpose for which the registration was granted.

(2)  [Section 79 Subsection (2) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] If the Director cancels a registration, a person is disqualified from applying again for the cancelled registration for any period, not exceeding 5 years, the Director determines.

(3)  [Section 79 Subsection (3) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] A person may cancel a registration by notice in writing lodged with the Director.

(4)  The cancellation of a registration takes effect on a date not earlier than 28 days after service of a notice under subsection (1) if –

(a) an appeal is not made under section 81 or an appeal is abandoned; or

(b) an appeal is made under section 81 and the Appeal Tribunal makes an order under section 81 (3) (a) .

80 Surrender of registration

[Section 80 Amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] A person must surrender to the Director a certificate of registration in respect of a registration cancelled under this Part.

Penalty:  Fine not exceeding 5 penalty units.

81 Appeal against cancellation of registration

(1)  A person may appeal to the Appeal Tribunal against the cancellation of a registration under this Part.

(2)  An appeal is to be –

(a) in an approved form; and

(b) instituted within 28 days after service of a notice under section 79 (1) .

(3)  On the hearing of an appeal, the Appeal Tribunal may –

(a) dismiss the appeal; or

(b) revoke the cancellation if satisfied that –

(i) substantial grounds for the cancellation do not exist; or

(ii) undue hardship would result from the cancellation and the continuance of the registration would not be contrary to the public interest.

82 Records

(1)  A person who sells imported fish is to keep records relating to imported fish on or at the registered premises.

(2)  A registered fish dealer is to keep records relating to dealings with fish.

(3)  The owner of a registered private fishery is to keep records relating to the management of the fishery.

(4)  Records are to –

(a) be kept in an approved form and manner; and

(b) [Section 82 Subsection (4) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] contain any relevant information that the Director requires.

(5)  [Section 82 Subsection (5) amended by No. 101 of 1999, Sched. 3, Applied:01 Mar 2000] [Section 82 Subsection (5) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] The Director may require any records to be made available to the Director on request.

(6)  A person must not fail to comply with this section.

Penalty:  Fine not exceeding 10 penalty units.

83 Notification of changes

[Section 83 Amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] A registered fish dealer or a person who sells imported fish must notify the Director in writing of any of the following:

(a) any change of name or address;

(b) any change in the particulars of any premises–

(i) on or at which the person deals with fish; or

(ii) from which the person sells imported fish.

Penalty:  Fine not exceeding 5 penalty units.

Part 5 Powers of Officers

84 Limited police powers

[Section 84 Amended by No. 76 of 2003, Sched. 1, Applied:01 Jan 2004] An officer, in performing any functions under this Act, has the powers and protection of a police officer with the rank of constable.

85 Production of identity card

(1)  An officer, if required by a person in relation to whom the officer is exercising or intends to exercise a power under this Act, must produce his or her identity card for inspection by that person.

(2)  If an officer fails to produce his or her identity card when required by a person to do so, the person is not guilty of –

(a) hindering or obstructing the officer; or

(b) failing to comply with a requirement or an order of the officer.

86 Police officer

(1)  A police officer has the powers of an officer under this Act.

(2)  It is not necessary for a police officer exercising any power as an officer under this Act to produce any authority other than what is required as a police officer.

87 Assistance to officers

(1)  For the purpose of exercising a power under this Act, an officer may require a person to assist in any way the officer considers necessary.

(2)  A person is not liable for anything done or omitted to be done by that person in good faith in assisting an officer.

88 Entry and inspection of land and waters

(1)  For the purpose of this Act, an officer may at any reasonable time –

(a) enter into and pass through land; and

(b) enter into and pass through or along the banks or borders of any State waters or inland waters; and

(c) enter into and examine any reservoir, sluice, millpool, millrace, dam, fish-pass, watercourse and channel; and

(d) enter into and inspect any land or premises to ascertain if this Act or the conditions of any licence or registration under this Act are being complied with; and

(e) enter any premises where records are required to be kept and inspect those records.

(2)  An officer, without a warrant, must not enter –

(a) a garden enclosed with a wall or fence; or

(b) a dwelling house; or

(c) a curtilage of a dwelling house.

(3)  Subsection (2) (a) and (c) does not apply if the ordinary passage of any waters is through the garden or curtilage.

89 Search of premises

An officer who reasonably believes that a person has committed or is about to commit an offence under this Act may enter and search any premises –

(a) under a warrant; or

(b) with the consent of the occupier of the premises; or

(c) if the officer has pursued the person without interruption from the place, or near the place, where the offence was believed to have been committed to the premises being searched.

90 Entry and inspection of premises

(1)  An officer, at any reasonable time, may enter and inspect any place where fish are –

(a) publicly exposed for sale; or

(b) kept or treated for the purpose of sale.

(2)  An officer, at any reasonable time, may enter and inspect any premises or fishery registered under Part 4 .

(3)  An officer may search any receptacle or container at any place or on any premises entered under this section.

91 Securing boat, land and premises

An officer, by notice in writing, may require the owner or occupier of any land or premises to secure the land or premises.

92 Stopping and searching boat or vehicle

(1)  An officer may signal or direct a person apparently in charge of a boat or vehicle –

(a) to stop the boat or vehicle; or

(b) not to move the boat or vehicle for a reasonable period.

(2)  A person is not required to comply with a signal or direction under subsection (1) if the person –

(a) reasonably believes that to comply would endanger the person, another person, the boat or vehicle; and

(b) complies with the signal or direction as soon as it is practicable to do so.

(3)  An officer may board and search a boat or search a vehicle.

93 Use of boat

(1)  In exercising a power under this Act, an officer may require the person apparently in charge of a boat to allow the officer to use the boat.

(2)  [Section 93 Subsection (2) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] The Director is to pay compensation to any person entitled to use a boat at the time an officer used the boat.

(3)  Compensation is payable –

(a) for any reasonable loss incurred –

(i) in respect of the boat because of its use by an officer; or

(ii) for any other reason the Minister considers appropriate; and

(b) at an amount the Minister considers appropriate.

94 Detaining boat

(1)  An officer may require the person apparently in charge of a boat which the officer reasonably believes has been used, is being used or is about to be used in contravention of this Act –

(a) to bring the boat to a specified place; and

(b) not to move the boat from that place until directed by the officer to do so.

(2)  An officer must direct the person apparently in charge of a boat to move the boat within a reasonable period.

95 Examination of fish and articles

For the purpose of this Act, an officer may –

(a) examine any fish and anything in which fish are kept; and

(b) take samples of any fish and any medium in which fish are kept; and

(c) examine any equipment or other article found in any place used, intended to be used or adapted for fishing.

96 Opening and unlocking boat, door or container

(1)  For the purpose of this Act, an officer may require a person to open or unlock any boat, door, gate, package, receptacle or other container.

(2)  An officer may break open and search any boat, door, gate, package, receptacle or other container –

(a) in searching or inspecting a place; or

(b) if the officer reasonably believes that it contains fish or any evidence of the commission of an offence under this Act.

97 Production of things

An officer may require a person to produce for inspection any thing in the person's possession if the officer reasonably believes that it may disclose evidence of the commission of an offence under this Act.

98 Production of documents and records

(1)  An officer may require a person to produce –

(a) any document or record required to be kept under this Act; or

(b) any document or record relating to the sale or purchase of fish.

(2)  An officer may –

(a) examine any document or record produced under subsection (1) ; and

(b) remove any document or record produced under subsection (1) for the purpose of paragraph (c) ; and

(c) take extracts from, or copies of, any document or record by any means.

(3)  A person must –

(a) provide reasonable facilities and assistance to an officer exercising any power under this section; and

(b) remove any physical or other obstruction which may hinder or prevent an officer from exercising a power under this section.

Penalty:  Fine not exceeding 10 penalty units.

99 Production of licence or registration

An officer may –

(a) require a person to produce for inspection any licence or certificate of registration under this Act the person holds or should hold; and

(b) examine, remove and take photographs or copies of, or extracts or notes from, any licence or certificate of registration under this Act.

100 Photographs, sketches, measurements and recordings

For the purpose of this Act, an officer may –

(a) take any photograph, film or video recording; and

(b) take any copy of, or extract from, any record; and

(c) take any measurements; and

(d) make any sketches or drawing; and

(e) make any recording by any means.

101 Examination and inquiry

An officer may carry out any examination and inquiry the officer considers necessary to ascertain if any provisions of this Act or any conditions imposed under this Act have been complied with.

102 Information requirements

(1)  An officer may require –

(a) any of the following persons to give his or her full name and residential address:

(i) any person on board a boat;

(ii) any person in or on any premises or fishery registered under Part 4 ;

(iii) any person whom the officer reasonably believes is committing or has committed an offence under this Act; and

(b) a person to give details of any licence, registration or exemption under this Act; and

(c) the person apparently in charge of a boat to give the full name and address of any person on board the boat.

(2)  An officer may require any person to give information about that person's or another person's activities in respect of any matter under this Act.

(3)  A person must comply with a requirement under this section.

Penalty:  Fine not exceeding 2 penalty units.

103 Arrest

An officer may arrest a person without warrant if –

(a) the person does not give the information or details required under section 102 ; or

(b) the officer reasonably believes that the person has given a false name or address; or

(c) the officer reasonably believes that the person has committed an offence under this Act and that –

(i) the offence is likely to continue or recur if the person is not arrested; or

(ii) any other procedure for dealing with the offence would not be effective; or

(d) the officer reasonably believes that the person has contravened any order under this Act.

104 Application and issue of warrant

(1)  An officer may apply to a justice for a warrant to enter and search any land, waters, premises or place.

(2)  A justice may issue a warrant if satisfied –

(a) that there are reasonable grounds for believing that there is on the land or on or in any waters, premises or place any evidence of the commission of an offence under this Act; or

(b) that the issue of a warrant is reasonably required to ascertain if a person has not complied with this Act.

(3)  A warrant is to authorise an officer –

(a) to enter and search the land, waters, premises or place specified in the warrant; and

(b) to do any acts authorised under this Part –

(i) with any assistance, and by any force, reasonably necessary; and

(ii) on the date and during the hours or at any time the warrant specifies.

(4)  A warrant is to specify the date on which, and the time at which, the warrant ceases to have effect.

105 Urgent situations

(1)  An officer may apply to a justice for a warrant by telephone, facsimile or other prescribed means if the officer considers the urgency of a situation requires it.

(2)  The justice may complete and sign a warrant in the terms referred to in section 104 (3) if satisfied that there are reasonable grounds for issuing the warrant urgently.

(3)  The justice is to –

(a) tell the officer –

(i) the terms of the warrant; and

(ii) the date on which, and the time at which, the warrant was signed; and

(iii) the date on which, and the time at which, the warrant ceases to have effect; and

(b) record on the warrant the reasons for granting the warrant.

(4)  The officer is to –

(a) complete a form of warrant in the same terms as the warrant signed by the justice; and

(b) write on the form –

(i) the name of the justice; and

(ii) the date on which, and the time at which, the warrant was signed; and

(c) send the justice the completed form of warrant not later than the day after the warrant ceases to have effect or is executed, whichever is the earlier.

(5)  On receipt of the form of warrant, the justice is to attach it to the warrant the justice signed.

(6)  A form of warrant completed by an officer under subsection (4) has the same force as a warrant signed by the justice under subsection (2) .

106 Seizure of fish, boat and other things

An officer may seize –

(a) any fish the officer reasonably believes has been the subject of an offence under this Act; and

(b) any receptacle or container containing such fish; and

(c) any boat or equipment the officer reasonably believes has been used, is being used or is about to be used in the commission of an offence under this Act; and

(d) any money or cheque the officer reasonably believes is the proceeds of the unlawful sale of any fish; and

(e) any document or thing the officer reasonably believes is evidence of the commission of an offence under this Act.

107 Seizure of abandoned equipment and fish

(1)  An officer may seize –

(a) any equipment unattended in, or adjacent to, any waters which appears to have been lost or abandoned; and

(b) any fish in, or adjacent to, any waters which appear to have been abandoned.

(2)  The officer may destroy or render inoperative any thing used for taking or holding fish if, in the opinion of the officer, it is not practicable to seize it.

108 Interference with seized property

(1)  A person must not interfere with, remove or damage any fish, boat, equipment or other thing seized under this Part unless authorised to do so by an officer.

Penalty:  Fine not exceeding 5 penalty units.

(2)  A court, in addition to imposing a penalty on a person under subsection (1) , may order the person to pay compensation for any damage or loss to any other person.

109 Forfeiture on conviction

(1)  [Section 109 Subsection (1) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] If a court convicts a person of an offence under this Act, any of the following is forfeited to the Director:

(a) any fish to which the offence relates;

(b) any equipment used, or intended to be used, in the commission of the offence;

(c) any boat or other thing used in the commission of the offence.

(2)  A person may apply to the court during proceedings leading to a conviction or associated with a relevant offence for an order that forfeiture is not to be carried out.

(3)  The court, if satisfied that special reasons exist, may –

(a) make the order applied for; and

(b) make any other order it considers appropriate.

(4)  [Section 109 Subsection (4) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] In addition to any penalty imposed for an offence under this Act, a court, on application of the complainant, may order the forfeiture to the Director of any money, cheque or other thing that is the proceeds of the sale of any fish, boat or equipment in contravention of this Act.

110 Forfeiture on acceptance of infringement notice

(1)  [Section 110 Subsection (1) amended by No. 4 of 2011, s. 40, Applied:01 Jun 2011] [Section 110 Subsection (1) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] If a person is taken under section 20 of the Monetary Penalties Enforcement Act 2005 to have been convicted of an offence, any of the following seized under this Act is forfeited to the Director:

(a) any fish to which the offence relates;

(b) any equipment used, or intended to be used, in the commission of the offence;

(c) any boat or other thing used in the commission of the offence.

(2)  Forfeiture takes effect –

(a) if an application is not made under section 111 , 108 days after service of the infringement notice; or

(b) if an application is made under section 111 and a court under section 111 (5) (b) refuses to make an order, on the date of that refusal.

111 Order for return of boat

(1)  The owner of any boat or equipment forfeited under section 110 may apply to a court for an order for its return.

(2)  An application is to –

(a) be in writing; and

(b) be made within 108 days after service of the infringement notice; and

(c) state the reasons for the application.

(3)  [Section 111 Subsection (3) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] A person must serve a copy of the application on the Director.

(4)  [Section 111 Subsection (4) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] The Director, or a person authorised by the Director, may appear before the court at the hearing of the application.

(5)  A court, if satisfied that special reasons exist, may –

(a) make the order applied for; or

(b) refuse to make the order applied for; or

(c) make any other order it considers appropriate.

112 Forfeiture if owner is not found

(1)  [Section 112 Subsection (1) substituted by No. 101 of 1999, s. 10, Applied:01 Mar 2000] The Director may determine that anything seized under section 107 for which an owner is not found is forfeited to the Director.

(2)  [Section 112 Subsection (2) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] Forfeiture takes effect on the date determined by the Director.

113 Sale or disposal

(1)  [Section 113 Subsection (1) substituted by No. 101 of 1999, s. 11, Applied:01 Mar 2000] The Director may sell, destroy or otherwise dispose of anything forfeited under this Act.

(2)  [Section 113 Subsection (2) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] Any proceeds of a sale or disposal are payable to the Director.

114 Application to buy a forfeited thing

(1)  A person who owned any thing, or who had any legal or equitable interest in, any thing forfeited under this Act immediately before the forfeiture may apply to the Minister to buy it.

(2)  An application is to be –

(a) in writing; and

(b) made within 30 days after the forfeiture.

(3)  The Minister may –

(a) approve the application subject to any condition; or

(b) refuse to approve the application.

(4)  If the Minister approves the application, the Minister is to order the sale of the forfeited thing to the applicant on payment of an amount equal to its estimated market value.

(5)  [Section 114 Subsection (5) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] Any proceeds of a sale are payable to the Director.

115 Release of seized property

(1)  [Section 115 Subsection (1) amended by No. 101 of 1999, s. 12, Applied:01 Mar 2000] The Director may authorise the release of anything seized but not forfeited–

(a) to the owner; or

(b) to the person entitled to the possession of the thing; or

(c) to the person from whom the thing was seized.

(2)  [Section 115 Subsection (2) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] The Director may authorise the release of any thing subject to–

(a) any condition relating to the payment of a bond; or

(b) any condition relating to the provision of any other security; or

(c) [Section 115 Subsection (2) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] any other condition the Director determines.

(3)  The amount of payment of a bond or the provision of a security is to be equivalent to the current market value of the thing.

(4)  A person must not fail to comply with a condition imposed under subsection (2) .

Penalty:  Fine not exceeding 5 penalty units.

(5)  In addition to a penalty imposed on a person for an offence under subsection (4) , a court may order the person to pay compensation for any damage or loss caused by the offence.

116 Return of seized things

(1)  [Section 116 Subsection (1) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] A person from whom any thing was seized may apply to the Director for its return if–

(a) a decision is made not to institute any proceedings in respect of the alleged offence for which the thing was seized; or

(b) proceedings in respect of the alleged offence for which the thing was seized are not instituted within 30 days after the seizure; or

(c) proceedings in respect of the alleged offence for which the thing was seized are discontinued or the alleged offender is acquitted.

(2)  An application is to be –

(a) in writing; and

(b) made within –

(i) 3 months after the seizure, for an application to which subsection (1) (a) or (b) relates; or

(ii) 6 weeks after the proceedings are discontinued or the applicant is acquitted, for an application to which subsection (1) (c) relates.

(3)  [Section 116 Subsection (3) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] The Director may–

(a) approve an application to which subsection (1) (a) or (b) relates if satisfied that the circumstances warrant; or

(b) refuse to approve the application if not so satisfied.

(4)  [Section 116 Subsection (4) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] The Director must approve an application to which subsection (1) (c) relates if satisfied that the proceedings have been discontinued or the alleged offender was acquitted.

(5)  [Section 116 Subsection (5) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] If a thing seized is sold before an application for its return is approved, the Director is to pay the applicant the proceeds of the sale of the thing less any reasonable costs incurred in maintaining, storing and selling it.

(6)  [Section 116 Subsection (6) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] If an application for the return of any seized thing is not made within the period referred to in subsection (2) , the thing is forfeited to the Director.

(7)  This section does not apply to any fish forfeited under this Act.

117 Live fish returned to water

(1)  If, in the opinion of an officer, it is practicable to return any fish seized under this Act to inland waters, the officer may do so.

(2)  If, in the opinion of an officer, any fish seized under this Act is likely to deteriorate or rot if no action is taken to preserve it, the officer may sell, preserve or otherwise dispose of the fish.

(3)  A person is not entitled to any compensation in respect of any action taken under this section.

Part 6 Infringement Notices

118 Infringement notices

(1)  An officer may serve an infringement notice on a person, other than a person under the age of 16 years, if of the opinion that the person has committed a prescribed offence.

(2)  An infringement notice is not to relate to 4 or more offences.

(3)  [Section 118 Subsection (3) inserted by No. 72 of 2007, Sched. 1, Applied:28 Apr 2008] An infringement notice is to be in accordance with section 14 of the Monetary Penalties Enforcement Act 2005 .

119.

[Section 119 Subsection (1) amended by No. 101 of 1999, s. 13, Applied:01 Mar 2000] [Section 119 Repealed by No. 72 of 2007, Sched. 1, Applied:28 Apr 2008]

120.

[Section 120 Repealed by No. 101 of 1999, s. 14, Applied:01 Mar 2000]

121.

[Section 121 Repealed by No. 72 of 2007, Applied:28 Apr 2008]

122 Payments in respect of infringement notices

[Section 122 Amended by No. 4 of 2017, Sched. 1, Applied:01 Jul 2019] [Section 122 Subsection (1) amended by No. 101 of 1999, s. 15, Applied:01 Mar 2000] [Section 122 Subsection (4) amended by No. 101 of 1999, s. 15, Applied:01 Mar 2000] [Section 122 Subsection (6) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] [Section 122 Substituted by No. 72 of 2007, Applied:28 Apr 2008] Half of the payments made in respect of an infringement notice are to be paid into the Public Account and half to the Director.

123.

[Section 123 Repealed by No. 72 of 2007, Applied:28 Apr 2008]

124.

[Section 124 Subsection (1) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] [Section 124 Repealed by No. 72 of 2007, Applied:28 Apr 2008]

125.

[Section 125 Repealed by No. 72 of 2007, Applied:28 Apr 2008]

Part 7 Offences

126 Poisonous and chemical substances

(1)  A person must not put, or allow to flow, into any inland waters containing fish any liquid, gaseous or solid matter which is likely to be poisonous or injurious to fish, the spawning grounds of fish or the food of fish.

Penalty:  Fine not exceeding 50 penalty units.

(2)  Subsection (1) does not apply –

(a) [Section 126 Subsection (2) amended by No. 9 of 2003, Sched. 1, Applied:16 Apr 2003] .  .  .  .  .  .  .  .  

(b) [Section 126 Subsection (2) amended by No. 41 of 2005, Sched. 1, Applied:31 Dec 2005] to any works involving rock, soil, sand, gravel, shingle, mud or muddy water carried out by the Crown, a council or the Tasmanian Ports Corporation Pty. Ltd. (ACN 114 161 938) in–

(i) constructing a road, bridge, ford, dam or channel; or

(ii) improving a river or harbour; or

(iii) laying an underwater pipeline or cable; or

(iv) reclaiming land; or

(c) to the discharge of sewage undertaken under an Act; or

(d) [Section 126 Subsection (2) amended by No. 9 of 2003, Sched. 1, Applied:16 Apr 2003] to anything authorised under the Mineral Resources Development Act 1995 ; or

(e) in relation to a registered private fishery; or

(f) in relation to a licensed fish farm.

(3)  [Section 126 Subsection (3) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] A person, without the consent of the Director, must not put into any inland waters any fertiliser or any other chemical substance.

Penalty:  Fine not exceeding 50 penalty units.

127 Explosive substances, firearms and missiles

A person must not take fish in inland waters by the use of –

(a) any explosive substance; or

(b) any material which is likely to poison, stupefy or paralyse any fish; or

(c) an electric current in those waters; or

(d) any stone or other missile; or

(e) any firearm.

Penalty:  Fine not exceeding 10 penalty units.

128 Removing, freeing or introducing fish

(1)  [Section 128 Subsection (1) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] A person must not remove from, or release into, a registered private fishery any live fish without the written consent of the Director.

Penalty:  [Section 128 Subsection (1) amended by No. 55 of 2002, Sched. 1, Applied:10 May 2003] Fine not exceeding 50 penalty units.

(2)  A person must not remove fish from any equipment in inland waters unless the person –

(a) is the owner of the equipment; or

(b) has the consent of the owner of the equipment.

Penalty:  [Section 128 Subsection (2) amended by No. 55 of 2002, Sched. 1, Applied:10 May 2003] Fine not exceeding 50 penalty units.

(3)  [Section 128 Subsection (3) amended by No. 55 of 2002, s. 21, Applied:10 May 2003] [Section 128 Subsection (3) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] A person, without the written consent of the Director, must not release, plant or introduce in any inland waters–

(a) [Section 128 Subsection (3) amended by No. 55 of 2002, s. 21, Applied:10 May 2003] any kind or species of fish or amphibious or aquatic invertebrate animal; or

(b) any kind or species of aquatic plant.

Penalty:  [Section 128 Subsection (3) amended by No. 55 of 2002, Sched. 1, Applied:10 May 2003] Fine not exceeding 50 penalty units.

(4)  [Section 128 Subsection (4) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] A person must not remove any freshwater crayfish of the family Parastacidae or any spawn or product of the freshwater crayfish from the State without the written consent of the Director.

Penalty:  [Section 128 Subsection (4) amended by No. 55 of 2002, Sched. 1, Applied:10 May 2003] Fine not exceeding 50 penalty units.

128A Transporting fish

[Section 128A Inserted by No. 55 of 2002, s. 22, Applied:10 May 2003]

(1)  A person must not transport a live fish taken from inland waters, except with the written permission of the Director.

Penalty:  Fine not exceeding 50 penalty units.

(2)  The Director, on payment of any prescribed application fee, may grant a permission that authorises the holder of the permission to –

(a) transport live fish during the period specified in the permission; or

(b) transport live fish on the occasion or in the circumstances specified in the permission.

(3)  The permission is subject to the conditions specified in it.

(4)  At any time, the Director may revoke or amend the permission by written notice provided to the holder of the permission.

(5)  The Director may exempt from the application of subsection (1)  –

(a) a person; and

(b) a class of person; and

(c) a kind or species of fish.

(6)  An exemption –

(a) under subsection (5)(a) is to be made by written notice provided to the person; and

(b) under subsection (5)(b) or (c) is to be made by notice published in the Gazette.

(7)  A notice referred to in subsection (6)(b) is not a statutory rule within the meaning of the Rules Publication Act 1953 .

129 Restriction on possessing fish near inland waters

[Section 129 Amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] [Section 129 Substituted by No. 55 of 2002, s. 23, Applied:10 May 2003] A person must not possess on or within 100 metres of any inland waters any kind or species of fish or an amphibious or aquatic invertebrate animal unless that person does so –

(a) with the written consent of the Director; or

(b) under and in accordance with the authority of a licence, permit or other authority issued under this Act.

Penalty:  Fine not exceeding 50 penalty units.

130 Use of lights and instruments

(1)  A person, except as authorised by regulations, must not take or facilitate the taking of fish by the use of –

(a) any light; or

(b) any wire, snare, spear or gaff; or

(c) any instrument used to foulhook fish; or

(d) any board, stick, club or other instrument.

Penalty:  Fine not exceeding 10 penalty units.

(2)  A person must not have possession of anything referred to in subsection (1) for the purpose of taking or facilitating the taking of fish.

Penalty:  Fine not exceeding 10 penalty units.

(3)  This section does not apply to fish –

(a) in State waters other than salmon in excepted waters; or

(b) in any registered private fishery; or

(c) in any licensed fish farm.

131 Protected fish

(1)  The Minister, by order, may declare any kind or species of freshwater fish to be protected fish.

(2)  A person must not take any protected fish.

Penalty:  [Section 131 Subsection (2) amended by No. 55 of 2002, Sched. 1, Applied:10 May 2003] Fine not exceeding 50 penalty units.

132.

[Section 132 Subsection (1) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] [Section 132 Subsection (1) amended by No. 64 of 2007, s. 6, Applied:19 Dec 2007] [Section 132 Repealed by No. 18 of 2020, Sched. 1, Applied:28 Sep 2020]

133 Fertilising salmon

[Section 133 Amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] A person, without written consent of the Director, must not–

(a) fertilise, hatch, rear, propagate or strip salmon; or

(b) have possession of the fertilised eggs of salmon.

Penalty:  Fine not exceeding 10 penalty units.