Application of Division
118 Application of Division
This Division does not apply to a person who uses or possesses recreational fishing equipment in contravention of this Division if that person—
is the holder of, or is acting on behalf of the holder of, a commercial fishery licence authorising the use or possession of that equipment and the person is acting in accordance with the licence, the Act and these Regulations; or
is the holder of, or is acting on behalf of the holder of, a permit authorising the use or possession of that equipment and the person is acting in accordance with the permit, the Act and these Regulations.
Note
Under section 45A of the National Parks Act 1975, a person must not take, or attempt to take, fish or fishing bait from an area in a marine national park or a marine sanctuary unless authorised to do so by a permit under section 21A of that Act. Section 45A of that Act further prohibits a person from using recreational fishing equipment in a marine national park or a marine sanctuary. The prohibitions in section 45A of the National Parks Act 1975 prevail over any licence, permit or other authority issued under the Act.
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