Northern Territory Consolidated Acts

FISHERIES ACT - SECT 4

(1) In this Act, unless the contrary intention appears -

amateur fishing means fishing for fish or aquatic life otherwise than for sale.

approved means approved by the Director.

aquaculture includes the farming, culturing, or breeding of fish or aquatic life for the purposes of trade, business, or research.

aquatic life means any species of plant or animal life (except species of birds) which, at any time of the life history of the species, must inhabit water, and includes the plant or animal at any stage of its life history, and also includes any part of such plant or animal, but does not include fish, or aquatic life declared by the Minister by notice in the Gazette to be aquatic life to which this Act does not apply.

arrangement means an arrangement made under Part VI by the Territory with the Commonwealth whether or not it is also made with a State.

assistant , in relation to a licence or permit, means a person notified by the licensee or permit holder in writing to the Director as an assistant in relation to the licence or permit, other than a person whom the Director has been notified by the licensee or permit holder is no longer an assistant.

Australian fishing zone means the Australian fishing zone as defined by the Commonwealth Act.

coastal waters , in relation to the Territory, has the same meaning as it has in the Commonwealth Act.

Commonwealth Act means the Fisheries Management Act 1991 of the Commonwealth or any Act in substitution for that Act.

Commonwealth Minister means the Minister for the time being administering the Commonwealth Act or other Minister exercising powers and performing functions pursuant to section 60 of the Commonwealth Act.

corporation has the same meaning as in the Corporations Act 2001.

Crown lands has the same meaning as in the Crown Lands Act .

Director means the Director of Fisheries appointed under section 5, and includes a person who is acting in or performing the duties of the office of Director of Fisheries.

ecologically sustainable development means using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained and the total quality of life, now and in the future, can be increased.

electric fishing device means a device, engine, or machine designed or used for the taking or killing by means of electric current of any species of fish or aquatic life or for the production of electronarcosis of any species of fish or aquatic life.

fish means any species or class of fish including crustaceans, echinoderms, and molluscs, and includes an aquatic animal (except a species of bird) declared by the Minister by notice in the Gazette to be a fish for the purposes of this Act, and also includes -

(a) an egg, fry, spat, or larva of a fish;

(b) the dead body, or a part of the dead body, of a fish; and

(c) the shell or exoskeleton, or a part of the shell or exoskeleton, of a crustacean, echinoderm, or mollusc.

Fisheries Officer means a person appointed or declared to be a Fisheries Officer under section 7.

fishery means one or more stocks or parts of stocks or one or more species, habitats, or locations of fish or aquatic life that can be treated as a unit for the purposes of conservation or management, and includes a fishery referred to by the identifiers specified in subsection (2).

fishery management area or management area means an area so declared pursuant to section 22.

fishery management plan or management plan means a management plan under Part III for a fishery.

fishing means the catching, taking, or harvesting of fish or aquatic life and includes any other activity which may reasonably be expected to result in the catching, taking, or harvesting of fish or aquatic life and also includes any action taken in support of or in preparation for an activity specified in this definition.

foreign boat means a vessel that is not an Australian boat within the meaning of the Commonwealth Act.

indigenous does not include the progeny of an introduced species.

Joint Authority means a Joint Authority in existence for the purposes of Part 5 of the Commonwealth Act that includes the Minister as a member.

Joint Authority fishery means a fishery in respect of which there is in force an arrangement under which the fishery is to be under the management of a Joint Authority.

landed means -

(a) if the fish have been taken without the use of a vessel - taken; and

(b) if the fish have been taken with the use of a vessel - put ashore at or trans-shipped at a wharf, jetty, pontoon or place, as may be prescribed or as may be specified in a management plan.

licence means an approved licence currently in force granted under this Act or, as the context requires, a licence document issued as a consequence of the grant of a licence.

licensee means the holder of a licence and includes a person who holds a permit.

licensee's record book means a record of information required by the Director to be kept by a licensee under section 34.

managed fishery means a fishery declared to be a managed fishery under section 22.

nominated person , in relation to a licence or permit, means a person nominated and approved under section 14(1), (2) or (3) in respect of the licence or permit.

noxious aquatic life means aquatic life that is declared by the Regulations to be noxious aquatic life.

noxious fish means a fish that is declared by the Regulations to be a noxious fish.

operative management plan means a fisheries management plan that has taken effect pursuant to section 49(1).

owner , in relation to a vessel, vehicle, gear, or equipment, means a person who has a right to the possession of that vessel, vehicle, gear, or equipment, whether or not that right is subject to the right of another person, but a person shall not be held to be the owner of a vessel, vehicle, gear, or equipment by reason only that the person was in command or charge of it.

permit means an approved permit currently in force granted under this Act.

person includes a partnership.

plant , in relation to aquatic life, includes seaweeds, sea-grasses, and algae.

possession means possession of or control over any fish or aquatic life or possession of or control over a vessel, vehicle or other conveyance, fishing gear, container, package, thing, or place in or on which the fish or aquatic life is found, and includes joint possession or control.

prescribed decision means a decision of the Director under a prescribed provision of the Regulations or a fishery management plan.

processing includes cutting, shelling, and the use of all methods of manufacture and preservation.

registered , in relation to the registration of vessels, means registered under this Act.

sale includes every method of disposition for valuable consideration, including barter, and includes the disposition to an agent for sale on consignment, and also includes offering or attempting to sell, or receiving or having in possession for sale, or exposing for sale, or sending or delivering for sale, or causing or permitting to be sold, offered, or exposed for sale, and also includes disposal by way of raffle, lottery, or other game of chance.

short term operator , in relation to a licence, means a person appointed under section 14A(2) in respect of the licence.

State means a State of the Commonwealth.

taking means fishing.

temporary transferee , in relation to a licence, means a person permitted under an approved temporary transfer agreement under section 12A to use the licence.

Territory of the Commonwealth means a Territory of the Commonwealth within the meaning of the Acts Interpretation Act 1901 of the Commonwealth.

trans-ship at sea does not include -

(a) trans-ship at a wharf, jetty, pontoon or prescribed place; or

(b) trans-ship from a tender boat to the boat to which it is a tender boat.

UTM position means a position determined by using Universal Transverse Mercator (UTM) grid co-ordinates, which are grid
co-ordinates determined by projecting global sections onto a flat surface to measure the position of specific zones or areas.

vessel includes every description of craft, vessel, hovercraft, aircraft, or other thing, of whatever size, that is capable of being used in fishing.

(2) Without limiting the matters by reference to which a fishery (including a fishery subject to an arrangement) may be identified, those matters may include -

(a) a description of fish or aquatic life by reference to sex, size, age, or another characteristic;

(b) an area of waters or seabed;

(c) a method of fishing;

(d) a kind or class of vessel;

(e) a class of persons; or

(f) a purpose of activities,

or all or a combination of those matters.

(3) In this Act, the expression against this Act in relation to an offence, includes an offence against the Regulations, a management plan, or other instrument of a legislative or administrative character made under this Act.