Victorian Consolidated Legislation

Fisheries Act 1995 - SECT 42

Offences relating to aquaculture and live fish etc.

42. Offences relating to aquaculture and live fish etc.



(1) A person must not-

   (a)  use, form or create a habitat (whether natural, artificial or partly
        natural or artificial) for hatching, rearing, breeding, displaying or
        growing fish or fishing bait for sale or other commercial purposes;

   (b)  hatch, rear, breed, display or grow fish or fishing bait for sale or
        other commercial purposes; or

   (ba) stock fish into protected waters; or





   (c)  use any commercial aquaculture equipment-

unless he or she is authorised to do so under this Act. Penalty: If the
offence involved a priority species: 200 penalty units or 12 months
imprisonment or both. In any other case: 100 penalty units or 6 months
imprisonment or both.

(2) A person may do any of the things referred to in subsection (1) if
he or she-

   (a)  is acting on behalf of the holder of an aquaculture licence who is
        authorised to do that thing; and

   (b)  is authorised by that aquaculture licence to do that thing; and

   (c)  is not prohibited by this Act from so acting.

(2A) A person may do any of the things referred to in subsection (1) for
commercial purposes (other than for sale) if he or she-

   (a)  is acting on behalf of the holder of a general permit who is
        authorised to do that thing; and

   (b)  is authorised by that permit to do that thing; and

   (c)  is not prohibited by this Act from so acting.

(3) The regulations may exclude specified fish or fishing bait from all or any
of the provisions of subsection (1).

(4) If specified fish or fishing bait are excluded from a provision of
subsection (1), a person may do the thing that would otherwise be prohibited
by that provision in respect of that fish or fishing bait.