Fisheries Act 2000

This section applies if an authorised person reasonably believes that a person—

is keeping a fish and—

the fish is carrying a disease or suffers from a condition; and

it is necessary or desirable for a particular kind of treatment to be carried out in connection with the disease or condition; or

is the occupier of land that—

has waters containing an aquatic habitat; and

it is necessary or desirable for a particular treatment to be carried out in connection with the habitat.

The authorised person may direct the keeper of the fish or the occupier of the land to carry out a stated treatment on the fish or aquatic habitat (a treatment direction).

Examples—treatment direction of aquatic habitat

1 removing fallen timber

2 removing an invasive plant species

3 draining a dam

In deciding whether to make a treatment direction, the authorised person must consider—

if the treatment direction is in relation to a fish—the following:

the likelihood of the disease infecting other fish;

the impact of the disease if it were to infect other fish;

any matter prescribed by regulation; or

if the treatment direction is in relation to an aquatic habitat—the following:

the impact if the direction were not followed;

any matter prescribed by regulation.

A treatment direction must be in writing and state the following:

the fish or aquatic habitat to which it relates;

if the direction is made in relation to a fish—the disease or condition to which it relates;

the treatment to be carried out;

when the direction must be complied with.