FISH RESOURCES MANAGEMENT ACT 1994 - SECT 48

FISH RESOURCES MANAGEMENT ACT 1994 - SECT 48

48 .         Defences to charges under s. 46, 47 or 48A

        (1)         It is a defence in proceedings for an offence against section 46 or 47 for the person charged to prove —

            (a)         in the case of an offence relating to the taking of fish, that on becoming aware of the taking of the fish, the person took immediate steps to return the fish to its natural environment with the least possible injury; or

            (ba)         that the fish were collected for broodstock or other aquaculture purposes in accordance with an authorisation; or

            (b)         that the fish were of a prescribed class and were being, or had been, kept, bred, hatched, cultured or harvested in accordance with an aquaculture licence; or

            (c)         that the person has any other defence prescribed in the regulations.

        (2)         It is a defence in proceedings for an offence against section 48A for the person charged to prove —

            (a)         in the case of an offence relating to the taking of fish, that, on becoming aware of the taking of the fish, the person took immediate steps to return the fish to its natural environment with the least possible injury; or

            (b)         that the fish were taken for a commercial purpose in accordance with an authorisation; or

            (c)         that the fish were collected for broodstock or other aquaculture purposes in accordance with an authorisation; or

            (d)         that the fish were kept, bred, hatched, cultured or harvested in accordance with an aquaculture licence; or

            (e)         that the person has any other defence prescribed in the regulations.

        [Section 48 amended: No. 43 of 2011 s. 13.]