Application of Act
5 Application of Act
Subject to any limitations expressly prescribed in this Act, this
Act applies—
in relation to all waters that are within the limits of the State;
and
except for purposes relating to a fishery that is to be managed in accordance with the law of the Commonwealth under an arrangement under
Part
4Division 2 or purposes prescribed by paragraph (d)—in relation to any waters of the sea not within the limits of the State that are on the landward side of waters adjacent to the State that are within the Australian fishing zone;
and
for purposes relating to a fishery that is to be managed in accordance with the law of the State under an arrangement under
Part
4Division 2—in relation to any waters to which the legislative powers of the State extend, with respect to that fishery, whether under section 5 of the
Coastal Waters (State Powers)
Act 1980 of the Commonwealth or otherwise;
and
for purposes relating to recreational fishing activities engaged in otherwise than by use of a foreign boat (other than recreational fishing activities prohibited or regulated under a plan of management determined under section 17 of the Commonwealth Act)—in relation to any waters to which the legislative powers of the State extend with respect to such activities.
This Act does not apply in relation to an activity (other than the taking of aquatic resources for a commercial purpose or the introduction of exotic aquatic organisms or disease in aquatic resources) engaged in relation to inland waters if those waters are surrounded by land that is in the ownership, possession or control of the same person (being a person other than the Crown or an instrumentality of the Crown).
Native title and native title rights and interests are not affected by the operation of this Act except to the extent authorised under the
Native Title Act 1993 of the Commonwealth.
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