(a) any net, dilly, crab pot, rock lobster pot, rock lobster ring, rake, spade, dredge, implement, gear, equipment, contrivance, device, trap, pitch fork, spear or spear gun used, or capable of being used, in connection with fishing; and
(b) any hook, rod or line used, or capable of being used, for fishing; and
(c) any buoy, float, raft or dredge used, or capable of being used, in connection with fishing; and
(d) anything else used, or capable of being used, in connection with fishing;
authorisation means a permit, licence or other authority permitting a person to undertake an activity;
Australian fishing zone means the Australian fishing zone as defined in the Commonwealth Act;
coastal waters means –
(a) any part of the territorial sea of Australia adjacent to the State 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
(b) the marine or tidal waters on the landward side of any territorial sea of Australia adjacent to the State but not within the limits of the State;
Commonwealth Act means the Fisheries Management Act 1991 of the Commonwealth or an Act enacted in substitution of that Act;
Commonwealth Minister means the Minister administering the Commonwealth Act and any other Minister exercising powers and performing functions under that Act;
commercial purposes means the purpose of sale, processing, manufacture, marine farming or any other purpose that is directed to gain or reward;
commercially protected fish means fish referred to in section 100 ;
consult includes to seek information, advice, opinion and representation;
control order means an order referred to in Division 7 of Part 9 ;
conviction includes –
(a) a plea of guilty; or
(b) a finding by a court that a person committed an offence for which the person was charged even though a conviction was not recorded; or
(c) a finding of guilty by a court even though a conviction is not recorded;
(c) a law of another State or a Territory of the Commonwealth that relates to the management or protection of living marine resources;
deed of agreement means a deed of agreement referred to in section 99 ;
demerit point means a demerit point referred to in Division 6 of Part 9 ;
document includes –
(a) any tape, disc or other device or medium on which information is recorded or stored mechanically, photographically, electronically or otherwise; and
native title rights and interests means native title rights and interests recognised under the Native Title Act 1993 of the Commonwealth;
non-exploitative use of fish includes the viewing, photographing or feeding of fish and the feelings associated with knowing fish are in State waters but does not include the removal, killing or injuring of fish;
noxious fish means –
(a) any fish of a species prescribed as noxious fish; or
(b) any fish declared to be noxious fish under section 127 ;
noxious matter means any matter which is harmful to fish or fish habitat;
objectives of resource management means the objectives set out in Schedule 1 ;
permit means a permit under Division 2 of this Part;
place includes –
(a) any land whether covered by water or not; and
(b) any building or structure, whether permanent or temporary; and
[Section 3 Amended by No. 7 of 2007, s. 4, Applied:30 Apr 2007]rock lobster quota unit, for a quota period, means a unit that is an entitlement to one 10 507th of the total allowable catch set for the commercial rock lobster fishery for that quota period;
(a) capture, carry away, catch, collect, destroy, dredge or fish for, gather, kill, raise, remove or in any other way obtain the fish (whether from water, land under water or the foreshore);
(b) land the fish from a vessel or in any other way bring the fish ashore;
(c) transfer the fish from one fishing vessel to another fishing vessel;
(d) attempt, cause or permit an act referred to in paragraph (a) , (b) or (c) ;
vary includes substitute, add or delete;
vehicle includes any vehicle designed to move or be moved on one or more wheels or revolving runners;
vessel includes –
(a) a boat, ship, craft, hovercraft, aircraft or platform and any trailer used to transport any of them; and
(b) a vehicle that is capable of use in or on water whether floating, partly submersible or submersible and whether or not self propelled;