Northern Territory Consolidated Regulations Northern Territory Consolidated Regulations(1) In these Regulations:
"Aboriginal Coastal licence" means a licence granted in accordance with Division 2 of Part 11.
"Aboriginal Coastal licensee" means the holder of an Aboriginal Coastal licence.
"approved monitoring equipment "means fishing monitoring equipment approved in writing by the Joint Authority.
"aquaculture facility" means a lease or parcel of land or leases or parcels of adjacent land (whether or not covered by water) upon which an aquaculture operation is carried out.
"Aquaculture licence" means a licence granted for the purposes of Division 2 of Part 10.
"Aquaculture licensee" means the holder of an Aquaculture licence.
"aquarium" means a pond, tank or other container with a surface area not exceeding 10 m 2 used for keeping live fish or aquatic life, and used otherwise than for the purposes of aquaculture.
"Aquarium Trader licence" means a licence granted for the purposes of Division 4 of Part 11.
"Aquarium Trader licensee" means the holder of an Aquarium Trader licence.
"aquatic pest" means fish or aquatic life specified in Schedule 1.
"bait" means fish, aquatic life, meat or other organic substance capable of being used, or intended to be used, to entice fish or aquatic life.
"barramundi" means fish of the species Lates calcarifer .
"baseline" means the territorial sea baseline of the Territory declared under the Seas and Submerged Lands Act 1973 of the Commonwealth by Proclamation published in Commonwealth Gazette No. S29 on 9 February 1983 (as amended).
"broodstock" means adult fish or aquatic life taken or used for breeding in an aquaculture facility.
"Chief Inspector", see the Livestock Act .
"coastline" means:
(a) except in relation to the mouth of a river, an imaginary line drawn along the coast at the Highest Astronomical Tide; or
(b) in relation to the mouth of a river, an imaginary line, contiguous with the adjacent coastline, drawn across the mouth of the river.
"commercial fishing licence" means a licence relating to a fishery specified in or referred to in Part 8.
"commercial fishing licensee" means a person who holds a commercial fishing licence.
"Committee" means the Disease Control Committee established under regulation 19.
"Daly River Fish Management Zone "means the area described in Schedule 1AA.
"Darwin port" means the Port as defined in section 5(1) of the Darwin Port Corporation Act .
"exotic" means, in relation to fish or aquatic life, fish or aquatic life that is not indigenous to the Territory.
"fin fish" means fish of the Class Teleostei.
"fin fish length" means the length of a fin fish from the tip of the snout to the tip of the middle ray of the caudal fin while the fish is lying flat.
"Fish Broker licence" means a licence for the purposes of Division 4 of Part 9.
"Fish Retailer licence" means a licence for the purposes of Division 3 of Part 9.
"Fish Trader/Processor licence" means a licence for the purposes of Division 2 of Part 9.
"fishing monitoring equipment" means equipment that is fitted to a vessel:
(a) to detect when and where fishing from the vessel occurs; and
(b) to record catch information.
Note
The equipment may include, for example, sensors, a digital video camera and a computer system.
"Fishing Tour Operator licence" means a licence for the purposes of Division 3 of Part 11.
"Fishing Tour Operator licensee" means the holder of a Fishing Tour Operator licence.
"fishing tour operation" means an expedition organised for reward, fee or other valuable consideration, enabling people to engage in amateur fishing.
"Food Standards Code" means the Code adopted as a law of the Territory by the Food Standards Regulations .
"goldband snapper" means fish of the genus Pristipomoides (commonly known as goldband snapper).
"grouped fish" means fish other than barramundi, goldband snapper, king threadfin, red snapper, Spanish mackerel, shark and mud crab.
"high water mark" means Highest Astronomical Tide.
"Joint Authority" means the Northern Territory Fisheries Joint Authority established under section 12D(1) of the Fisheries Act 1952 (Cth) (repealed) and continued in existence by section 7(4)(a) of the Fisheries Legislation (Consequential Provisions) Act 1991 (Cth).
"licensing year" means the year commencing on 1 July in a year and expiring with 30 June in the following year.
"low water mark" means Lowest Astronomical Tide.
"mackerel" means fish of the genus Scomberomorus .
"making way" means, in relation to a vessel, moving through water by the use of sails, motors, oars or other means of propulsion, including being towed by another vessel, but does not include movement through water by the action of waves or tides alone.
"mollusc" means fish of the Phylum Mollusca.
"mother boat" means the registered vessel nominated under regulation 53.
"mud crab" means crabs, or parts of crabs, of the genus Scylla .
"Net licence" means a licence granted for the purposes of Division 5 of Part 11.
"Net licensee" means the holder of a Net licence.
"notifiable disease" means a disease causing significant mortality or poor health in fish or aquatic life.
"pearl oyster" means molluscs of the genus Pinctada .
"Pearl Oyster Culture Industry licence" means a licence granted for the purposes of Division 3 of Part 10.
"Pearl Oyster Fishery licence" means a licence granted for the purposes of Division 10 of Part 8.
"place" includes land, waters, buildings, vehicles and vessels.
"Public Aquarium licence" means a licence for the purposes of Part 11, Division 4A.
"red snapper" means fish of the species Lutjanus malabaricus or Lutjanus erythropterus (commonly known as red snapper).
"repealed Regulations" means the Regulations repealed by regulation 210.
"river closure line", in relation to a river specified in Schedule 5 of the Barramundi Fishery Management Plan as in force from time to time, means a straight line drawn between the co-ordinates specified in that Schedule for that river.
"shark" means fish of the Class Chondricthyes.
"snapper" means fish of the family Lutjanidae.
"spanish mackerel" means fish of the species Scomberomorus commerson .
"species group" means any of the following:
(a) goldband snapper;
(b) red snapper;
(c) grouped fish.
"threadfin salmon" means fish of the species Polydactylus macrochir .
"Timor Reef Fishery licence" means a licence for Part 8, Division 15.
"trepang" means fish of the Class Holothuroidea.
"trunk" means a fish from which the head has been removed.
"under way" means, in relation to a vessel, a vessel which is not:
(a) aground;
(b) anchored (whether directly or indirectly); or
(c) made fast to the shore.
"vessel length" means the length of a vessel measured in accordance with the Uniform Code within the meaning of the Marine Act .
"vessel monitoring system" means an electronic device that is fitted to a vessel to give information about the vessel's course or position, or similar information.
"voyage" means the period between a vessel leaving a port, permanent camp site or approved anchorage and returning to a port, permanent camp site or approved anchorage, during which time fishing under a licence has taken place.
(2) In these Regulations, a licence name specified by reference to a fishery means a licence granted in respect of the fishery to which the licence name refers and a reference to a licensee specified by reference to a fishery means a person holding a licence in respect of the fishery referred to.
(3) Where, in pursuance of these Regulations, a point, line, area or relative position is to be calculated by reference to the coastline or an imaginary line along the coastline (whether or not along a particular water line on the coast) the coastline or imaginary line along the coastline shall be deemed to include:
(a) in relation to a river specified in Schedule 5 of the Barramundi Fishery Management Plan as in force from time to time, the river closure line specified in that Schedule for that river; and
(b) in relation to any other river, an imaginary straight line across the mouth of the river calculated in the same manner as for the calculation of the baseline for the purposes of the Seas and Submerged Lands Act 1973 of the Commonwealth had all off-lying islands and historical bays and waters been ignored.
(4) If the scientific name of a fish or aquatic life changes, a reference in Schedule 1 to the scientific name must be read as including the new scientific name of the fish or aquatic life.