FISHERIES ACT 1994 - SECT 160
When seized fisheries resources become property of State
FISHERIES ACT 1994 - SECT 160
When seized fisheries resources become property of State
160 When seized fisheries resources become property of State
(1) This section applies if fish are seized under this Act and are not
immediately returned to the wild or otherwise disposed of by an inspector
under this subdivision.
(2) However, this section stops applying if the
fisheries resources are sold under section 160A.
(3) The fisheries resources
become the property of the State if—
(a) their seizure is not the subject of
an appeal to a Magistrates Court within 7 days after their seizure; or
(b)
their seizure is the subject of an appeal to a Magistrates Court within 7 days
after their seizure, but the seizure is confirmed on appeal; or
(c) the chief
executive and the owner of the fisheries resources agree, in writing, that the
fisheries resources should become the chief executive’s property.
(4) If
fisheries resources that become the property of the State under this section
have a market value and it is practicable to sell them, the chief executive
must sell them in a reasonable way decided by the chief executive or in a way
agreed with the owner of the fisheries resources.
(5) If the fisheries
resources do not have a market value or it is not practicable to sell them,
the chief executive may dispose of them in any reasonable way decided by the
chief executive or in a way agreed with the owner of the fisheries resources.
(6) However, if the fisheries resources are not fish that were live when they
were seized and the seizure of the fisheries resources is the subject of an
appeal to a Magistrates Court, the court may give directions about how the
fisheries resources are to be sold or disposed of, whether or not it confirms
the seizure.
