Offences relating to aquaculture
43 Offences relating to aquaculture
A person commits an offence if:
the person intentionally takes fish or aquatic life; and
(b) the area in which the fish or aquatic life is taken is a licensed area and the person is reckless in relation to that circumstance; and
(c) the person is not authorised under this Act to take fish or aquatic life in the licensed area and is reckless in relation to that circumstance.
Maximum penalty: 200 penalty units or imprisonment for 2 years.
A person commits an offence if:
(a) the person intentionally removes diseased or contaminated fish or aquatic life from an area; and
(b) the area is a licensed area and the person is reckless in relation to that circumstance; and
(c) the person is not authorised under this Act to remove diseased or contaminated fish or aquatic life from the licensed area and is reckless in relation to that circumstance.
Maximum penalty: 500 penalty units or imprisonment for 2 years.
A person commits an offence if:
the person intentionally enters an area; and
(b) the area is a licensed area that has been marked out under section 55(4) and the person is reckless in relation to that circumstance; and
(c) the person is not authorised to enter the area by the holder of the aquaculture licence and is reckless in relation to that circumstance.
Maximum penalty: 50 penalty units.
A person commits an offence if:
the person intentionally engages in conduct; and
(b) the conduct results in the removal of, or interference with, a beacon, buoy, mark, light, signal, raft, structure or implement used in relation to a licensed area and the person is reckless in relation to the result; and
(c) the person is not authorised to engage in the conduct by the holder of the aquaculture licence and is reckless in relation to that circumstance.
Maximum penalty: 100 penalty units.
A person commits an offence if:
the person intentionally engages in conduct; and
(b) the conduct results in damage to, or in, a licensed area and the person is reckless in relation to the result; and
(c) the person is not authorised to engage in the conduct by the holder of the aquaculture licence and is reckless in relation to that circumstance.
Maximum penalty: 100 penalty units.
(6) If a court finds a person guilty of an offence against subsection (1), (2), (3), (4) or (5), it may award damages in respect of the offence.
In this section:
licensed area means land, premises or waters to which an aquaculture licence relates.
The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.