Living Marine Resources Management Act 1995

A person without a marine farming licence must not – carry out any marine farming in State waters; or take live fish for the purpose of marine farming in State waters; or operate a fish hatchery or breed, culture or farm fish – in inland waters if the fish in the normal course of events would be transferred to State waters or waters sourced from State waters; or on land if State waters are used as a growing medium or the waters in which the fish are normally kept has characteristics similar to any State waters. Fine not exceeding 500 penalty units or imprisonment for a term not exceeding 12 months, or both.

Subsection (1) does not apply to – a person who carries out any activity specified in that subsection under the supervision of the holder of a marine farming licence or a supervisor at a place specified on that licence; or a person who is authorised to use a marine farming licence by means of a sublease under section 74 of the Marine Farming Planning Act 1995 at a place specified on that licence; or a person who is under the supervision of a person referred to in paragraph (b).

Subsection (1)(c)(i) does not apply to a person operating a fish hatchery for freshwater fish under a licence under the Inland Fisheries Act 1995.

A person is to apply for a marine farming licence in accordance with section 77.

An application for a marine farming licence must not be granted to a person – for an area in State waters unless the person holds a lease under the Marine Farming Planning Act 1995 in respect of the area to which that licence is to relate; or for any area unless it contains the conditions and restrictions imposed under a marine farming development plan in relation to that area; or for an area within inland waters unless the marine farm obtains water from State waters.

Subsection (4)(a) does not apply to a person who is the owner of the area to which the application for the marine farming licence relates.

This section does not apply to breeding, rearing or keeping alive fish – for domestic purposes; or for display purposes.