60Fishing licence

60 Fishing licence

(1)  A person without a fishing licence must not in State waters –

(a) participate in fishing; or

(b) take fish; or

(c) use any apparatus for the purpose of fishing; or

(d) take any other action which may be taken only by the holder of a fishing licence.

Penalty:  Fine not exceeding 5 000 penalty units or imprisonment for a term not exceeding 2 years, or both, and a daily fine not exceeding 50 penalty units.

(2)  This section does not apply to –

(a) a person who is fishing for recreational purposes and is not required to be licensed under a management plan for that fishing; or

(b) [Section 60 Subsection (2) amended by No. 45 of 1997, s. 12, Applied:13 Nov 1997] [Section 60 Subsection (2) amended by No. 17 of 1996, Applied:21 May 1998] [Section 60 Subsection (2) amended by No. 42 of 1998, s. 9, Applied:18 Dec 1998] a person who uses a licence with the Minister's approval under section 87 ; or

(ba) [Section 60 Subsection (2) amended by No. 45 of 1997, s. 12, Applied:13 Nov 1997] [Section 60 Subsection (2) amended by No. 7 of 2007, s. 16, Applied:30 Apr 2007] a person who carries out an activity specified in subsection (1) , other than taking fish with a spear or by diving, under the close direct supervision of –

(i) a natural person who is the holder of a fishing licence; or

(ii) a supervisor; or

(c) [Section 60 Subsection (2) amended by No. 7 of 2007, s. 16, Applied:30 Apr 2007] an Aborigine who is engaged in an Aboriginal activity.