FISHERIES MANAGEMENT ACT 1991 - SECT 10 Operation of certain State and Territory laws

FISHERIES MANAGEMENT ACT 1991 - SECT 10

  (1)   Except as provided by subsections   (2) and (3), this Act is not intended to exclude or limit the concurrent operation of any law of a State or Territory.

  (2)   Subject to subsection   (3), the Parliament intends that this Act is to apply to the exclusion of any law of a State or Territory relating to fish or fishing so far as that law would, but for this Act, apply to:

  (a)   activities in the AFZ; or

  (b)   activities in the coastal waters of a State or Territory in respect of which a fishery to which an arrangement mentioned in section   12K of the Fisheries Act 1952 , or section   76 of this Act, relates; or

  (c)   the landing in the State or Territory of fish taken under a statutory fishing right or fishing permit by prohibiting such landing or by requiring such landing to be done under a licence, permit or similar instrument or upon payment of a fee or charge.

  (3)   This Act does not apply to:

  (a)   recreational fishing (whether from a charter boat or otherwise) that is carried on in the AFZ or outside the AFZ by the use of an Australian boat, other than recreational fishing that is prohibited or regulated by a plan of management or temporary order; or

  (b)   recreational fishing (whether from a charter boat or otherwise) that is carried on by the use of an Australian boat in the coastal waters of a State or Territory, being coastal waters in respect of which an arrangement mentioned in section   12K of the Fisheries Act 1952 , or section   76 of this Act, relates, other than recreational fishing that is prohibited or regulated by a plan of management or temporary order; or

  (c)   activities in the AFZ to which, because of section   77, this Act does not apply.

  (4)   The reference in paragraph   10(2)(c) to prohibiting the landing in a State or Territory of fish taken under a statutory fishing right or fishing permit includes a reference to:

  (a)   directly prohibiting the landing of such fish in the State or Territory; or

  (b)   directly prohibiting or regulating the possession or processing of, or other dealing with, such fish in the State or Territory in any respect that would be likely to substantially discourage the landing of such fish in the State or Territory.

  (5)   For the avoidance of doubt, the reference in subsection   (2) to a law of a State or Territory relating to fish or fishing does not include such a law that is for the protection of public health, for ensuring safety or for any similar objective.