64Marine farming licence

64 Marine farming licence

(1)  A person without a marine farming licence must not –

(a) carry out any marine farming in State waters; or

(b) take live fish for the purpose of marine farming in State waters; or

(c) operate a fish hatchery or breed, culture or farm fish –

(i) in inland waters if the fish in the normal course of events would be transferred to State waters or waters sourced from State waters; or

(ii) on land if State waters are used as a growing medium or the waters in which the fish are normally kept has characteristics similar to any State waters.

Penalty:  Fine not exceeding 500 penalty units or imprisonment for a term not exceeding 12 months, or both.

(1A)  [Section 64 Subsection (1A) inserted by No. 45 of 1997, s. 13, Applied:13 Nov 1997] Subsection (1) does not apply to –

(a) a person who carries out any activity specified in that subsection under the supervision of the holder of a marine farming licence or a supervisor at a place specified on that licence; or

(b) [Section 64 Subsection (1A) amended by No. 17 of 1996, Applied:21 May 1998] a person who is authorised to use a marine farming licence by means of a sublease under section 74 of the Marine Farming Planning Act 1995 at a place specified on that licence; or

(c) a person who is under the supervision of a person referred to in paragraph (b) .

(2)  Subsection (1) (c) (i) does not apply to a person operating a fish hatchery for freshwater fish under a licence under the Inland Fisheries Act 1995 .

(3)  A person is to apply for a marine farming licence in accordance with .