5Meaning of State waters

### 5 Meaning of State waters > > (1)  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; and > > > > > > > (d) in relation to a fishery managed under a law of Tasmania under an arrangement, any waters to which the arrangement relates; and > > > > > > > (e) in relation to recreational fishing to which the Commonwealth Act does not apply, any waters to which the legislative powers of Tasmania extend. > > > (2)  In relation to a fishery managed under a law other than a law of Tasmania under an arrangement, State waters do not include any waters to which the arrangement relates.