Inland Fisheries Act 1995
139Free passage of fish
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139 Free passage of fish
(1) [Section 139 Subsection (1) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] A person, without the written consent of the Director, must not–
(a) place or use in any inland waters any equipment, instrument or device likely to hinder or obstruct the free passage of fish in those waters; or
(b) injure a fish-pass; or
(c) do anything likely to impair the efficiency of a fish-pass; or
(d) cut through, break down or otherwise destroy a dam, floodgate or sluice for the purpose of destroying or taking any fish.
Penalty: Fine not exceeding 10 penalty units.
(2) Subsection (1) does not apply in relation to –
(a) a registered private fishery; or
(b) [Section 139 Subsection (2) amended by No. 6 of 2007, s. 43, Applied:16 Jul 2007] a licensed fish farm; or
(c) [Section 139 Subsection (2) amended by No. 6 of 2007, s. 43, Applied:16 Jul 2007] [Section 139 Subsection (2) amended by No. 34 of 2015, s. 12, Applied:01 Jan 2016] dam works authorised by a permit issued under Part 8 of the Water Management Act 1999 .