(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)  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) 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 section 77 .

(4)  An application for a marine farming licence must not be granted to a person –

(a) for an area in State waters unless the person holds a lease under the Marine Farming Planning Act 1995 in respect of the area to which that licence is to relate; or

(b) for any area unless it contains the conditions and restrictions imposed under a marine farming development plan in relation to that area; or

(c) for an area within inland waters unless the marine farm obtains water from State waters.

(4A)  Subsection (4)(a) does not apply to a person who is the owner of the area to which the application for the marine farming licence relates.

(5)  This section does not apply to breeding, rearing or keeping alive fish –

(a) for domestic purposes; or

(b) for display purposes.