• Specific Year
    Any

FISH RESOURCES MANAGEMENT ACT 1994 - SECT 43

FISH RESOURCES MANAGEMENT ACT 1994 - SECT 43

43 .         Minister may prohibit fishing

        (1)         The Minister may, by order published in the Gazette , prohibit persons or any specified class of persons from engaging in any fishing activity of a specified class.

        (2)         An order may prohibit a fishing activity at all times or during any specified period.

        (3)         A person must not —

            (a)         contravene a provision of an order; or

            (b)         have in the person’s possession any fish taken in contravention of an order; or

            (c)         have in the person’s possession any fishing gear intended to be used to engage in an activity that the person is prohibited from engaging in by an order.

        Penalty: As provided in sections 52 and 222.

        (4)         It is a defence in proceedings for an offence against subsection (3)(b) for the person charged to prove that the person did not know, and could not reasonably be expected to have known, that the fish had been taken in contravention of an order.

        (5)         The Minister may, by further order published in the Gazette , amend or revoke an order made under this section.