Tasmania: Inland Fisheries Act 1995 (Tas)

Inland Fisheries Act 1995 An Act to consolidate the law relating to inland fisheries [Royal Assent 8 December 1995] Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows: PART 1 - Preliminary 1. Short title This Act may be cited as the Inland Fisheries Act 1995 . 2. Commencement This Act commences on a day to be proclaimed. 3. Interpretation (1) In this Act – acclimatised fish means a kind or species of fish that is not indigenous to inland waters; amend means – (a) add any matter (including a condition if this Act provides for conditions to be specified in the document being amended); and (b) omit any matter (including a condition); and (c) omit any matter (including a condition) and substitute other matter (including a condition if this Act provides for conditions to be specified in the document being amended); Appeal Tribunal means the Tasmanian Civil and Administrative Tribunal; applicable fish means a kind or species of fish declared under section 60 ; approved means approved by the Director; Atlantic salmon means the species Salmo salar of the family Salmonidae; boat includes a ship or vessel of any kind; commercial freshwater fishing licence means a licence referred to in section 21 ; controlled fish means fish declared as such under section 149 ; Council means the Inland Fisheries Advisory Council established under section 20A ; dam includes any fixed obstruction used to dam water; declared fish means – (a) salmon; and (b) any freshwater fish declared under section 39 ; Director means the Director of Inland Fisheries appointed under section 11 ; eel means fish of the family Anguillidae; equipment includes any net, implement, apparatus or other device for taking or facilitating the taking of fish; excepted waters means any waters declared to be excepted waters under section 8 ; exemption permit means a permit referred to in section 169 ; fauna reserve means inland waters declared to be a fauna reserve under section 154 ; fish includes – (a) any animal that throughout its ordinary life lives in water; and (b) the spawn, fry or young of such an animal; fish dealer's registration certificate means the certificate issued under section 65; fish farm means any area on land or in inland waters used to farm, culture, hatch, rear, ranch, enhance or breed freshwater fish for commercial or research purposes; fish farm licence means a fish farm licence referred to in section 43 ; fishery means – (a) an area of water or land; and (b) any premises; and (c) a kind or species of fish; and (d) a class of person; and (e) a method of fishing; and (f) a type of activity; and (g) a season; fishery of the State means – (a) a fishery under the control of the Crown; or (b) a fishery under the control of a body established under an Act; fishing includes – (a) taking or attempting to take fish; and (b) searching for fish; and (c) doing any other activity which may reasonably be expected to result in taking or harvesting fish; fishing permit means a permit referred to in section 168 ; freshwater fish means – (a) any kind or species of fish that is ordinarily found in inland waters or during some part of its life is ordinarily found in inland waters; and (b) any kind or species of fish declared to be freshwater fish under section 4 ; imported fish means freshwater fish, other than tinned fish, brought into the State; indigenous fish means a kind or species of fish that is indigenous to inland waters; infringement notice means a notice referred to in Part 6 ; inland waters means – (a) any waters specified in Schedule 1 ; and (b) any waters lying on the landward side of the seaward limit in relation to a river specified in Schedule 2 ; and (c) any waters declared to be inland waters under section 5 ; and (d) any waters in respect of which there is a fish farm licence; and (e) any natural or artificial lake, reservoir, tarn, pond, pool, swamp, marsh, dam or waterhole containing water; and (f) any waters in or running through any canal, raceway, sluice, conduit, duct, channel, pipe or other watercourse; and (g) any waters contained in any hatchery, aquarium, tank, trough or other container of any kind, size or shape; juvenile eel means an eel less than 300mm long; lake includes a lagoon and any water impounded or enlarged by a dam; licence means any licence in force under this Act; licensed fish farm means a fish farm licensed under Division 3 of Part 3 ; marine farm means a marine farm within the meaning of the Living Marine Resources Management Act 1995 ; mark includes – (a) attach a tag, label or other thing to fish or any wrapping, package, box, can or other container containing fish; and (b) place or enclose fish in any wrapping, package, box, can or other container; marking materials includes – (a) tags, labels or wrappings; and (b) boxes, cans or containers; and (c) any other thing that may be used to mark fish; officer means a person appointed as such under section 20 ; perch means English perch or Redfin perch of the species Perca fluviatilis; private fishery means a fishery that is not a fishery of the State; recreational licence means a licence issued under Division 2 of Part 3 ; registered fish dealer means a person who is the holder of a fish dealer's registration certificate; registered premises means premises registered under Division 2 of Part 4 ; registered private fishery means a fishery registered under Division 3 of Part 4 ; regulations means regulations made under Division 8 of Part 8 ; river includes creek, rivulet and stream; salmon means – (a) fish of the family Salmonidae; and (b) any hybrid between fish of that family and polyploid variants of that fish; salmon fishery means a fishery relating to salmon that occur in inland waters; seaward limit means – (a) the seaward limit declared to be the seaward limit of a river under section 6 (1) ; and (b) the seaward limit of a river referred to in section 6 (3) ; Secretary means the Secretary of the Department; sell includes – (a) dispose by any method for valuable consideration; and (b) barter; and (c) dispose to an agent for sale on consignment; and (d) offer or attempt to sell; and (e) receive or have in possession for sale; and (f) expose for sale; and (g) send or deliver for sale; and (h) cause or permit to be sold, offered or exposed for sale; and (i) dispose by way of raffle, lottery or other game of chance; State waters means the waters referred to in section 7 ; take includes – (a) fish for, remove, gather, catch, capture, kill, destroy, dredge for, raise, collect, carry away or obtain in another way from water, land under water or the foreshore; and (b) land from a boat or bring ashore; and (c) attempt, cause or permit anything mentioned in paragraph (a) or (b) ; tench means the species Tinca tinca of the family Cyprinidae; unclean freshwater fish means any fish that is about to spawn or has recently spawned and has not recovered from spawning; undersized freshwater fish means any fish that is of a less size than the minimum size which may be lawfully taken under the regulations; unseasonable freshwater fish means any fish taken during a period when the taking of the fish is not permitted; warrant means a warrant issued under Division 3 of Part 5 ; whitebait includes any of the following kinds or species of fish: (a) Tasmanian whitebait Lovettia sealii (Johnston); (b) Jollytail Galaxias maculatus (Jenyns); (c) Climbing galaxias Galaxias brevipinnis Gunther; (d) Spotted galaxias Galaxias truttaceus Valenciennes; (e) Tasmanian Mudfish Neochanna cleaveri Scott; (f) Tasmanian smelt Retropinna tasmanica McCulloch. (2) If any licence, permit, certificate of registration, permission, consent, approval, other like document or exemption is subject to conditions specified or otherwise contained in the document or exemption, it is sufficient for the conditions to be – (a) specified or otherwise contained in the document or exemption; or (b) attached to the document or exemption; or (c) provided to the holder of the document at the time of issuing the document or exemption; or (d) provided to the holder of the document or exemption at any other time if they are provided with a written notice stating that they are conditions which attach to the document or exemption. 4. Freshwater fish (1) The Minister, by order and with the agreement of the Minister responsible for the administration of the Living Marine Resources Management Act 1995 , may declare – (a) fish or a kind or species of fish to be freshwater fish for the purposes of this Act; or (b) freshwater fish or a kind or species of freshwater fish not to be freshwater fish for the purposes of this Act during any time they are in, or after they have been taken from, State waters. (2) An order under subsection (1) (b) does not apply to salmon in excepted waters. 5. Declaration of inland waters The Minister, by order and with the agreement of the Minister responsible for the administration of the Living Marine Resources Management Act 1995 , may – (a) declare waters to be inland waters; or (b) declare waters not to be inland waters. 6. Seaward limit of river (1) The Minister, by order and with the agreement of the Minister responsible for the administration of the Living Marine Resources Management Act 1995 , may declare any place to be the seaward limit of a river. (2) If the Minister makes an order under subsection (1) , the Minister, in the same order, may amend Schedule 2 by omitting or altering the seaward limit of the river specified in that Schedule which is the subject matter of the order. (3) If the seaward limit of a river has not been declared or specified, the seaward limit of the river is the place where the waters of the river meet the waters of the sea or any harbour or bay at low waters of ordinary spring tides. (4) The Minister is to ensure that the seaward limit of a river is indicated or marked in the prescribed manner. (5) In any proceedings the seaward limit of a river is presumed to be the seaward limit as marked or indicated in the prescribed manner. 7. State waters State waters are – (a) any waters of the territorial sea of Australia that are – (i) within 3 nautical miles of the baseline by reference to which the territorial limits of Australia are defined for the purposes of international law; and (ii) adjacent to the State; and (b) any marine or tidal waters that are on the landward side of that baseline and are adjacent to the State, except inland waters; and (c) any land which is swept by those waters to the highest landward extent. 8. Excepted waters The Minister, by order and with the agreement of the Minister responsible for the administration of the Living Marine Resources Management Act 1995 , may declare waters to be excepted waters. 9. . . . . . . . . 10. Inconsistency with Water Management Act 1999 Any provision of the Water Management Act 1999 which is inconsistent with a provision of this Act prevails over this Act to the extent of that inconsistency. PART 2 - Director and Council Division 1 - Director of Inland Fisheries 11. Appointment of Director (1) The Minister may appoint a State Service officer or State Service employee to be Director of Inland Fisheries. (2) A person appointed as Director of Inland Fisheries may hold that office in conjunction with State Service employment. (3) The Director is an employee for the purposes of the Public Sector Superannuation Reform Act 2016 . (4) . . . . . . . . (4A) . . . . . . . . (5) . . . . . . . . (6) . . . . . . . . (7) . . . . . . . . 12. Corporation sole (1) The Director is a corporation sole with the corporate name of "Director of Inland Fisheries". (2) The Director – (a) has perpetual succession and a common seal; and (b) may sue and be sued in the corporate name; and (c) may acquire, hold, dispose of and otherwise deal with property. (3) All courts, judges and persons acting judicially are to – (d) take judicial notice of the common seal of the Director affixed to any document; and (e) assume that it was duly affixed. 13. General powers and functions of Director (1) The Director has the following functions: (a) to manage, control, protect, develop, improve, maintain and regulate salmon fisheries, fisheries in inland waters and freshwater fish; (b) to stock inland waters with fish; (c) to create, improve and maintain access to inland waters; (d) to provide facilities in respect of access to inland waters; (e) to carry out research and investigation into matters relating to salmon fisheries and fisheries in inland waters; (f) to collect, publish and disseminate information relating to freshwater fish and inland waters. (2) The Director may do anything necessary or convenient to perform any function under this Act. (3) The Minister may give directions to the Director relating to the Director's functions and the Director is to comply with those directions. 14. Contracts and arrangements For the purpose of this Act, the Director may – (a) enter into any contract or agreement with any person or body; or (b) make any arrangement with any person or body. 15. Assistance The Director may give assistance to any person or body by way of a grant or loan or otherwise for any purpose consistent with this Act. 16. Funds of Director (1) The funds of the Director consist of – (a) any money appropriated by Parliament for the purpose of this Act; and (b) any fees and royalties payable under this Act; and (c) any money received from the sale of anything forfeited to and sold by the Director; and (d) any other money received by the Director from any other source. (2) One-half of any money received by way of penalties under this Act is payable to the Director. (3) The Director must apply the funds for the following purposes: (a) the payment of expenses, charges and obligations incurred in the administration of this Act; (b) the provision of financial or other assistance for the purpose of this Act; (c) the payment of remuneration payable to persons employed under section 19 . (4) The Director may invest any of its funds – (a) in accordance with section 6 of the Trustee Act 1898 ; or (b) in any other manner the Treasurer approves. 17. Accounts and audit (1) The Director may establish any account in any financial institution. (2) The Financial Management Act 2016 applies to the Director as if the Director were an Agency within the meaning of that Act. 18. Delegation (1) The Director, in writing, may delegate to any person or body any function or power, other than this power of delegation. (2) The Secretary, in writing, may delegate to any person or body any function or power, other than this power of delegation. 19. Employees Subject to and in accordance with the State Service Act 2000 , persons may be appointed or employed for the purpose of this Act. 20. Officers (1) The Secretary may appoint a person appointed or employed pursuant to section 19 as an officer for the purpose of this Act. (2) The Secretary may make arrangements with another Head of a State Service Agency for any State Service officer or State Service employee in that Agency to be appointed as an officer for the purpose of this Act. (3) A person appointed under subsection (2) may hold office as an officer in conjunction with State Service employment. (4) The Director is to issue to an officer an identity card in an approved form. Division 2 - Inland Fisheries Advisory Council 20A. Inland Fisheries Advisory Council (1) The Inland Fisheries Advisory Council is established. (2) The Council consists of – (a) one person who represents the interests of freshwater angling associations; and (b) 3 persons who hold angling licences, each of whom represents one of the following: (i) the northern area; (ii) the north-western area; (iii) the southern area; and (c) one person who represents the interests of freshwater commercial fisheries; and (d) one person with expertise in the area of conservation of freshwater ecosystems; and (e) one person with expertise in the area of tourism relating to inland fisheries; and (f) the Director; and (g) the chairperson; and (h) such other persons as the Minister considers appropriate. (2A) The members of the Council are appointed by the Minister. (3) Schedule 3 has effect with respect to membership and meetings of the Council. 20B. General functions and powers of Council (1) The Council has the following functions: (a) to advise the Minister on any matter under this Act; (b) to advise the Minister on any matters referred to it by the Minister; (c) to provide a forum for consultation on policy matters; (d) to advise the Minister on the functions of the Director as they relate to public expectations; (e) to promote understanding and acceptance of the functions of the Director; (f) to encourage community support for fisheries management activities; (g) to review management plans for inland fisheries. (2) The Council may do anything necessary or convenient to perform its functions. PART 3 - Licences Division 1 - Commercial freshwater fishing licence 21. Commercial freshwater fishing licence (1) A person must not take freshwater fish for commercial purposes except under the authority of and in accordance with a commercial freshwater fishing licence. Penalty: Fine not exceeding 100 penalty units. (2) Subsection (1) does not apply to a person who takes freshwater fish on behalf of, and as authorised or required by, the holder of a commercial freshwater fishing licence. 22. . . . . . . . . 23. . . . . . . . . 24. Application for commercial freshwater fishing licence (1) An application for the grant, variation, renewal, transfer or replacement of a commercial freshwater fishing licence is to– (a) be in an approved form; and (b) contain any information the Director requires; and (c) be accompanied by the prescribed fee; and (d) be lodged with the Director. (2) The Director may require a person to– (a) provide any further information the Director determines; and (b) verify by statutory declaration any information given in connection with an application. 25. Grant of commercial freshwater fishing licence (1) The Director may– (a) grant an application for a commercial freshwater fishing licence subject to any condition the Director determines; or (b) refuse to grant an application. (2) The Director may only grant an application for a commercial freshwater fishing licence if satisfied that– (a) the applicant has complied with this Act; and (b) the applicant is not otherwise disqualified from holding the licence. (3) A commercial freshwater fishing licence may be limited in one or more of the following matters: (a) the taking of a species of freshwater fish specified in the licence; (b) the taking of freshwater fish at a particular stage of life specified in the licence; (c) the taking of freshwater fish from inland waters specified in the licence; (d) any other matter the Director considers relevant. (3A) Each of the following persons must comply with the conditions of a commercial freshwater fishing licence in respect of the taking of freshwater fish under that licence: (a) the holder of the licence; (b) a person authorised or required by the holder of the licence to take freshwater fish on behalf of the holder. Penalty: Fine not exceeding 100 penalty units. (3B) If a person authorised or required by the holder of a commercial freshwater fishing licence to take freshwater fish on behalf of that holder contravenes a condition of the licence, both that person and that holder are taken to contravene the condition. (4) The Director, by notice in writing, is to notify the applicant of the grant or refusal to grant the application. 26. Issue of commercial freshwater fishing licence (1) If the Director grants an application for a commercial freshwater fishing licence, the Director is to issue the licence on payment of the prescribed fee. (2) A commercial freshwater fishing licence is to– (a) be in an approved form; and (b) specify the full name and address of the holder of the licence; and (c) specify the period for which it is in force; and (d) specify any condition the Director determines under section 25 ; and (e) be signed in ink by the holder of the licence. (3) A commercial freshwater fishing licence that is not issued by the Director is of no effect. (4) A person, other than the Director, must not issue a commercial freshwater fishing licence. Penalty: Fine not exceeding 10 penalty units. 27. Period of commercial freshwater fishing licence A commercial freshwater fishing licence is in force for the period specified in the licence, unless sooner cancelled. 28. Sale of commercial freshwater fishing licences (1) The Director may sell a commercial freshwater fishing licence to any person the Director determines. (2) The Director may determine the price for the sale of a commercial freshwater fishing licence by either or both of the following: (a) the process of tender; (b) any other process the Director considers appropriate. (3) If the Director sells a commercial freshwater fishing licence to a person to take fish, the Director may– (a) prohibit other persons from taking the kind or species of fish to which the licence relates; or (b) issue a licence to take the kind or species of fish to which the licence relates subject to any condition, restriction or limitation the Director determines. 29. Variation of commercial freshwater fishing licence (1) The Director, by notice in writing served on the holder of a commercial freshwater fishing licence, may vary a commercial freshwater fishing licence by amending, omitting, substituting or adding to any condition of the licence. (2) A person must comply with a condition of a licence as varied. Penalty: Fine not exceeding 100 penalty units. (3) The variation of a commercial freshwater fishing licence takes effect on a date not earlier than 28 days after service of the notice under subsection (1) if– (a) an appeal is not made under section 58 or an appeal is abandoned; or (b) an appeal is made under section 58 and the Appeal Tribunal makes an order under section 59 (2) (a) . (4) The Director may vary a commercial freshwater fishing licence on application and on payment of the prescribed fee. 30. Substitute licence If the Director varies a commercial freshwater fishing licence, the Director– (a) may require the holder of the licence to return it; and (b) is to serve notice on the holder of the licence of the variation and the date of its effect; and (c) may issue a substitute licence containing any new conditions. 31. Transfer of commercial freshwater fishing licence (1) The holder of a commercial freshwater fishing licence may apply to the Director for approval to transfer the licence. (2) The Director, on payment of the prescribed fee, may approve the transfer of the licence if satisfied that– (a) the holder has complied with the conditions of the licence; and (b) the appropriate fees have been paid; and (c) the person to whom the licence is to be transferred has not been convicted of an offence under this Act; and (d) it is appropriate to do so. (3) The Director may approve the transfer of the licence subject to any condition the Director determines. (4) The Director may refuse to approve the transfer of the licence if not satisfied as required under subsection (2) . (5) The Director, by notice in writing, is to notify the holder of the licence of the approval or refusal to approve the transfer of the licence. 32. Renewal of commercial freshwater fishing licence (1) The holder of a commercial freshwater fishing licence may apply to the Director for the renewal of the licence. (2) The Director may– (a) grant an application to renew the licence; or (b) refuse to grant the application. (3) In exercising any power under subsection (2) , the Director must take into account whether or not– (a) the holder has complied with the conditions of the licence; and (b) the holder has not been convicted of an offence under this Act; and (c) the appropriate fees, if any, have been paid. (4) The Director may impose any condition on the renewed licence the Director determines. (5) The Director, by notice in writing, is to notify the holder of the licence of the renewal or refusal to renew the licence. (6) This Act applies to a renewed licence and its conditions as if it were the original licence and conditions. 33. Cancellation of commercial freshwater fishing licence (1) The Director, by notice in writing served on the holder of a commercial freshwater fishing licence, may cancel the licence if the holder– (a) fails to comply with a condition of the licence; or (b) is convicted of an offence under this Act. (2) The cancellation of a commercial freshwater fishing licence takes effect on a date not earlier than 28 days after service of the notice under subsection (1) if– (a) an appeal is not made under section 58 or an appeal is abandoned; or (b) an appeal is made under section 58 and the Appeal Tribunal makes an order under section 59 (1) (a) . (3) A person whose commercial freshwater fishing licence has been cancelled is not entitled to compensation or a refund in respect of any matter arising from the cancellation. 34. Surrender of commercial freshwater fishing licence (1) The holder of a commercial freshwater fishing licence, by notice in writing to the Director, may surrender the licence. (2) A commercial freshwater fishing licence ceases to have effect– (a) on the date specified in the notice; or (b) if a date is not specified, on the date of receipt of the notice. (3) A person who surrenders a commercial freshwater fishing licence is not entitled to any compensation or refund in respect of any matter arising from the surrender. 35. Returns (1) The holder of a commercial freshwater fishing licence is to submit a return to the Director in an approved form when required by the Director to do so. (2) A return is to specify – (a) any details and information the Director requires; and (b) any other prescribed details and information. 36. Disqualification from applying for or obtaining licence The Director may determine that a person who is convicted of an offence under this Act is disqualified from applying for and obtaining a commercial freshwater fishing licence for a specified period. Division 2 - Recreational licences 37. Angling licence (1) A person must not take acclimatised fish or indigenous fish without an angling licence. Penalty: In the case of – (a) a first offence, a fine not less than 2 penalty units and not more than 5 penalty units together with a special penalty of 0·5 penalty unit for each fish; and (b) a subsequent offence, a fine not less than 5 penalty units and not more than 10 penalty units together with a special penalty of 0·5 penalty unit for each fish. (2) A person must not possess any assembled rod, reel and line at any inland waters during a period when the taking of acclimatised fish is permitted without an angling licence. Penalty: In the case of – (a) a first offence, a fine not less than 2 penalty units and not more than 5 penalty units together with a special penalty of 0·5 penalty unit for each fish; and (b) a subsequent offence, a fine not less than 5 penalty units and not more than 10 penalty units together with a special penalty of 0·5 penalty unit for each fish. (3) Subsection (1) does not apply – (a) to a person taking indigenous fish in prescribed rivers; or (b) to a person taking fish in a prescribed manner or by any prescribed means; or (c) to a person taking fish in State waters other than salmon in excepted waters; or (d) to a person or class of person exempted under subsection (4) . (4) The Director, by notice in writing, may exempt a person or class of person from this section in relation to any specified waters and subject to any specified condition. (5) A person is to apply to a person authorised under subsection (7) for an angling licence in an approved form accompanied by the prescribed fee. (6) An angling licence is to – (a) be in an approved form; and (b) specify the full name and address of the holder of the licence; and (c) specify the period for which it is in force; and (d) be signed in ink by the holder of the licence. (7) The Director may authorise a person to issue angling licences. (8) A person authorised under subsection (7) is to issue an angling licence to an applicant on receipt of the application and payment of the prescribed fee. 38. Whitebait licence (1) A person must not take or possess whitebait without a whitebait licence. Penalty: In the case of – (a) a first offence, a fine not less than 2 penalty units and not more than 5 penalty units together with a special penalty of 1 penalty unit for each kilogram of whitebait; and (b) a subsequent offence, a fine not less than 5 penalty units and not more than 10 penalty units together with a special penalty of 1 penalty unit for each kilogram of whitebait. (2) A whitebait licence does not confer the right to sell any whitebait. (2A) A person who has not attained the age of 10 years is not eligible to hold a whitebait licence. (3) A person is to apply to a person authorised under subsection (5) for a whitebait licence in an approved form accompanied by the prescribed fee. (4) A whitebait licence is to – (a) be in an approved form; and (b) specify the full name and address of the holder of the licence; and (c) specify the period for which it is in force; and (d) be signed in ink by the holder of the licence. (5) The Director may authorise a person to issue whitebait licences. (6) A person authorised under subsection (5) is to issue a whitebait licence to an applicant on receipt of the application and payment of the prescribed fee. 38A. Disqualification from applying for or obtaining recreational licence (1) The Director, by notice in writing, may disqualify a person who is convicted of an offence under this Act from applying for and obtaining a recreational licence for a specified period not exceeding 5 years. (2) A notice is to be sent by normal post to the person's last known address. (3) A disqualification takes effect on a date not earlier than 28 days after the date of the notice if – (a) an appeal is not made under section 58(1)(ea) or the appeal is made but abandoned; or (b) an appeal is made under section 58(1)(ea) and the Appeal Tribunal makes an order under section 59(3A)(a) . (4) A recreational licence held by a person disqualified under subsection (1) ceases to have effect 7 days after the disqualification takes effect. (5) A recreational licence obtained by a person disqualified under subsection (1) during the period of that disqualification is invalid. (6) In any proceedings for an offence under this Act, a copy of the notice is evidence of the fact that the notice was duly sent. Division 3 - Fish farm licences 39. Declared fish The Minister, by order, may declare any kind or species of freshwater fish to be fish to which this Division applies. 40. Application for fish farm licence (1) A person must not operate a fish farm without a fish farm licence. Penalty: Fine not exceeding 100 penalty units. (2) An application for a fish farm licence is to – (a) be in an approved form; and (b) contain any relevant information the Minister or the Director requires; and (c) be accompanied by the prescribed fee; and (d) be lodged with the Director. (3) The Minister or the Director may require a person to– (a) provide any further relevant information the Minister or the Director determines; and (b) verify by statutory declaration any information given in connection with an application. 41. Grant of fish farm licence (1) The Director may grant an application for a fish farm licence if satisfied that – (a) the applicant is a fit and proper person to hold the licence; and (b) there are no environmental or resource constraints on doing so; and (c) the applicant has paid any prescribed application fee; and (d) it is appropriate to do so. (1A) In determining whether an applicant is a fit and proper person to hold a fish farm licence, the Director must consider whether the applicant – (a) has contravened this Act; and (b) has committed any offence the Director considers relevant. (2) The Director must not grant an application for a fish farm licence relating to Atlantic salmon without the agreement of the Minister responsible for the administration of the Living Marine Resources Management Act 1995 . (3) The Director must refuse to grant an application for a fish farm licence if not satisfied as required under subsection (1) . (4) The Director, by notice in writing, is to notify the applicant of the grant or refusal to grant the application. 42. Conditions of fish farm licence (1) Subject to subsection (3) , the Director may grant an application for a fish farm licence subject to any condition the Director considers necessary or desirable. (2) The Director, by notice in writing served on the holder of the licence, may vary, amend, omit, substitute or add any condition of a fish farm licence. (3) The Director must not impose, vary, amend, omit, substitute or add any condition of a fish farm licence relating to Atlantic salmon without the agreement of the Minister responsible for the administration of the Living Marine Resources Management Act 1995 . (4) Each of the following persons must comply with the conditions of a fish farm licence: (a) the holder of the licence; (b) an employee or contractor of the licence holder; (c) any other person authorised or required by the holder of the licence to undertake work relating to the aquatic freshwater species to which the fish farm licence relates on behalf of the licence holder. Penalty: Fine not exceeding 100 penalty units. 43. Issue of fish farm licence (1) If the Director grants an application for a fish farm licence, the Director is to issue the licence on payment of the prescribed fee. (2) A fish farm licence is to specify – (a) the full name and address of the holder of the licence; and (b) the fishery to which it relates or the waters or premises in which the fishery is contained or to be established; and (c) the declared fish to which it relates; and (d) any premises used or intended to be used in connection with the production, storage, treatment or disposal of fish from the fishery; and (e) any conditions the Director determines under section 42 ; and (f) the period for which it is in force. (3) A fish farm licence which is not issued by the Director or does not comply with subsection (2) is of no effect. 44. Period of fish farm licence A fish farm licence is in force for the period, not exceeding 20 years, specified in the licence, unless sooner cancelled. 45. Variation of fish farm licence (1) Subject to subsections (6) and (7) , the Director may decide to vary a fish farm licence. (2) Before varying a fish farm licence, the Director is to serve a notice on the holder of the licence stating– (a) the proposed variation; and (b) that the holder may make oral or written representations in respect of the proposed variation; and (c) the period during which representations may be made. (3) The period during which representations may be made is to be at least 28 days from the date of service of the notice. (4) After taking into account any representations, the Director may vary a fish farm licence by serving notice on the holder of the licence stating– (a) any variation made; and (b) the date on which any variation takes effect. (5) A variation of a fish farm licence takes effect – (a) on a date not earlier than 28 days after service of the notice under subsection (4) if – (i) an appeal is not made under section 58 or an appeal is abandoned; or (ii) an appeal is made under section 58 and the Appeal Tribunal makes an order under section 59 (2) (a) ; or (b) on an earlier date with the agreement of the holder of the licence. (6) The Director must not vary a fish farm licence relating to Atlantic salmon without the agreement of the Minister responsible for the administration of the Living Marine Resources Management Act 1995 . (7) The Director must not vary a fish farm licence by reducing the level of production of Atlantic salmon unless the Director is satisfied that– (a) there are environmental constraints on the continued production at that level; or (b) after consultation with the Minister responsible for the administration of the Living Marine Resources Management Act 1995 , that an emergency exists. 46. Transfer of fish farm licence (1) The holder of a fish farm licence may apply to the Director for approval to transfer the licence. (2) The Director may approve the transfer of a fish farm licence if satisfied that – (a) the transfer recipient is a fit and proper person to hold the licence; and (b) there are no environmental or resource constraints on doing so; and (c) any prescribed application fee for the transfer of the fish farm licence has been paid; and (d) it is appropriate to do so. (2A) In determining whether the transfer recipient is a fit and proper person to hold the fish farm licence, the Director must consider whether that person – (a) has contravened this Act; and (b) has committed any offence the Director considers relevant. (3) The Director may approve the transfer of a fish farm licence subject to any condition the Director determines. (4) The Director may refuse to approve the transfer of the licence if not satisfied as required under subsection (2) . (5) The Director, by notice in writing, is to notify the holder of the licence of the approval or refusal to approve the transfer of the licence. 47. Renewal of fish farm licence (1) The holder of a fish farm licence may apply to the Director for the renewal of the licence. (2) The Director may renew a fish farm licence if satisfied that – (a) the applicant is a fit and proper person to continue to hold the licence; and (b) there are no environmental or resource constraints on doing so; and (c) any prescribed application fee for the renewal of the fish farm licence has been paid; and (d) it is appropriate to do so. (2A) In determining whether an applicant is a fit and proper person to continue to hold a fish farm licence, the Director must consider whether the applicant – (a) has contravened this Act; and (b) has committed any offence the Director considers relevant. (3) The Director may impose any condition on the renewed licence the Director determines. (4) The Director must not renew a fish farm licence relating to Atlantic salmon without the agreement of the Minister responsible for the administration of the Living Marine Resources Management Act 1995 . (5) The Director may refuse to renew a fish farm licence if not satisfied as required under subsection (2) . (6) The Director, by notice in writing, is to notify the holder of the licence of the renewal or refusal to renew the licence. (7) This Act applies to a renewed licence and its conditions as if it were the original licence and conditions. 48. Cancellation of fish farm licence (1) The Director may decide to cancel a fish farm licence if satisfied that– (a) the kind or species of fish to which the licence relates are not being produced in the quantities as to warrant the continuance of the licence; or (b) the holder of the licence has no substantial interest in the fishery to which it relates; or (c) any condition of the licence has not been complied with; or (d) the holder of the licence has been convicted of – (i) an offence under this Act; or (ii) any other offence the Director considers relevant; or (e) the holder of the licence has failed to pay any relevant fee. (2) The Director must not decide to cancel a fish farm licence relating to Atlantic salmon without the agreement of the Minister responsible for the administration of the Living Marine Resources Management Act 1995 . (3) Before cancelling a fish farm licence, the Director is to serve a notice on the holder of the licence stating– (a) the grounds on which the licence is to be cancelled; and (b) that the holder may make oral or written representations in respect of the cancellation; and (c) the period during which representations may be made. (4) The period during which representations may be made is to be at least 28 days from the date of service of the notice. (5) After taking into account any representations, the Director may cancel a fish farm licence by serving notice on the holder of the licence stating the date on which the cancellation takes effect. (6) The cancellation of a fish farm licence takes effect – (a) on a date not earlier than 28 days after service of the notice under subsection (5) if – (i) an appeal is not made under section 58 or an appeal is abandoned; or (ii) an appeal is made under section 58 and the Appeal Tribunal makes an order under section 59 (1) (a) ; or (b) on an earlier date with the agreement of the holder of the licence. (7) A person whose fish farm licence has been cancelled is not entitled to compensation or a refund in respect of any matter arising from the cancellation. 49. Surrender of fish farm licence (1) The holder of a fish farm licence, by notice in writing to the Director, may surrender the licence. (2) A fish farm licence ceases to have effect – (a) on the date specified in the notice; or (b) if a date is not specified, on the date of receipt of the notice. (3) A person who surrenders a fish farm licence is not entitled to any compensation or refund in respect of any matter arising from the surrender. 50. Disqualification from applying for or obtaining licence The Director may determine that a person who is convicted of an offence under this Act is disqualified from applying for and obtaining a fish farm licence for a specified period. 51. Records relating to declared fish (1) The holder of a fish farm licence is to keep records relating to – (a) declared fish removed from the fish farm to which the licence relates; and (b) declared fish produced in that fish farm. (2) Records under subsection (1) are to – (a) be kept in an approved form and manner; and (b) state the following in respect of declared fish in the fish farm: (i) the date on which the fish were removed; (ii) the nature of the packages or containers in which they were removed; (iii) the place or premises to which they were removed; (iv) the name and address of any person to whom the fish were sold or delivered; (v) the number of fish produced or removed; (vi) the species of fish produced or removed; (vii) the size and weight of fish produced or removed; (viii) the prices received for the fish. (3) The holder of a fish farm licence must give the Director any records kept under this section as the Director requires. Penalty: Fine not exceeding 10 penalty units. 51A. Notification of Director, EPA, of certain matters (1) In this section – Director, EPA means the Director, Environment Protection Authority, appointed under section 18 of the Environmental Management and Pollution Control Act 1994 ; finfish farming has the same meaning as in the Environmental Management and Pollution Control Act 1994 . (2) The Director is to notify the Director, EPA of – (a) an application for the grant, renewal, or transfer, of a fish farm licence in relation to finfish farming; and (b) a decision of the Director to grant, or to refuse to grant, a fish farm licence in relation to finfish farming; and (c) a decision of the Director to renew, or to refuse to renew, a fish farm licence in relation to finfish farming; and (d) a decision of the Director to transfer, or to refuse to transfer, a fish farm licence in relation to finfish farming; and (e) a decision of the Director to vary a fish farm licence in relation to finfish farming; and (f) a decision of the Director to cancel a fish farm licence in relation to finfish farming; and (g) the surrender of a fish farm licence in relation to finfish farming. Division 4 - General provisions 52. Replacement of licence (1) A person may apply to the Director for the replacement of any licence if the original licence is lost or destroyed. (2) The Director, on payment of the prescribed fee and if satisfied that an original licence is lost or destroyed, is to issue a replacement licence. (3) A replacement licence – (a) is subject to the same conditions as the original licence; and (b) is in force for the same period as the original licence; and (c) must be clearly marked as being a replacement licence. 53. Production of licence The holder of any licence must produce the licence to an officer within 14 days after the officer requires the production. Penalty: Fine not exceeding 1 penalty unit. 54. Production of other person's licence A person who is not the holder of any licence must not – (a) produce to an officer a licence of another person; or (b) falsely represent to an officer that he or she is the holder of the licence. Penalty: Fine not exceeding 3 penalty units. 55. Use of licences by others The holder of a licence must not – (a) lend the licence to another person; or (b) cause or permit the licence to be used in a way which is likely to deceive an officer. Penalty: Fine not exceeding 3 penalty units. 56. Effectiveness of licence (1) A licence has no effect unless any fees payable in respect of the licence have been paid. (2) A licence which is not signed in ink by the holder is of no effect. 57. Death of holder of licence If the holder of a commercial freshwater fishing licence or a fish farm licence dies, the licence continues in force as if it had been transferred to the executor or administrator of the holder's estate. 58. Appeals (1) A person may appeal, in an approved form, to the Appeal Tribunal against any of the following: (a) the refusal to grant a commercial freshwater fishing licence; (b) the variation of a commercial freshwater fishing licence; (c) the refusal to approve the transfer of a commercial freshwater fishing licence; (d) the refusal to renew a commercial freshwater fishing licence; (e) the cancellation of a commercial freshwater fishing licence; (ea) the disqualification from applying for and obtaining a recreational licence; (f) the refusal to grant a fish farm licence; (g) the variation of a fish farm licence; (h) the refusal to approve the transfer of a fish farm licence; (i) the refusal to renew a fish farm licence; (j) the cancellation of a fish farm licence. (2) An appeal is to be instituted within 28 daysafter service of a notice under – (a) section 25 (4) for an appeal under subsection (1) (a) ; or (b) section 29 (1) for an appeal under subsection (1) (b) ; or (c) section 31 (5) for an appeal under subsection (1) (c) ; or (d) section 32 (5) for an appeal under subsection (1) (d) ; or (e) section 33 (1) for an appeal under subsection (1) (e) ; or (f) section 41 (4) for an appeal under subsection (1) (f) ; or (g) section 45 (4) for an appeal under subsection (1) (g) ; or (h) section 46 (5) for an appeal under subsection (1) (h) ; or (i) section 47 (6) for an appeal under subsection (1) (i) ; or (j) section 48 (5) for an appeal under subsection (1) (j) . (3) An appeal under subsection (1)(ea) is to be instituted within 28 days after the date of a notice sent under section 38A . 59. Hearing of appeal (1) On the hearing of an appeal against the cancellation of a licence, the Appeal Tribunal may – (a) dismiss the appeal; or (b) revoke the cancellation if satisfied that – (i) substantial grounds for the cancellation do not exist; or (ii) undue hardship would result from the cancellation and the continuance of the licence would not be contrary to the public interest. (2) On the hearing of an appeal against the variation of a licence, the Appeal Tribunal may – (a) dismiss the appeal; or (b) revoke the variation; or (c) revoke the variation and substitute any other variation. (3) On the hearing of an appeal against the refusal to grant, renew or approve the transfer of, a licence, the Appeal Tribunal may – (a) dismiss the appeal; or (b) revoke the refusal if satisfied that – (i) substantial grounds for the refusal do not exist; or (ii) undue hardship would result from the refusal and the grant, renewal or approval would not be contrary to the public interest. (3A) On the hearing of an appeal against a disqualification from applying for and obtaining a recreational licence, the Appeal Tribunal may – (a) dismiss the appeal; or (b) revoke the disqualification if satisfied that – (i) substantial grounds for the disqualification do not exist; or (ii) undue hardship would result from the disqualification. (4) The decision of the Appeal Tribunal on the hearing of an appeal under this Act is final and section 136 of the Tasmanian Civil and Administrative Tribunal Act 2020 does not apply. PART 4 - Registration Provisions Division 1 - Dealing with freshwater fish 60. Declaration of applicable fish The Minister, by order, may declare any kind or species of freshwater fish to be applicable fish to which this Division applies. 61. Definition of "dealing with applicable fish" A person deals with applicable fish if the person – (a) imports the fish for commercial purposes; or (b) sells the fish; or (c) processes or treats the fish for commercial purposes; or (d) manufactures or obtains any substance from the fish for commercial purposes. 62. Restriction on dealing with applicable fish (1) A person must not deal with applicable fish except where the person is a registered fish dealer and does so under the authority of, and in accordance with, a fish dealer's registration certificate. Penalty: Fine not exceeding 100 penalty units. (2) The Director, by notice in the Gazette, may exempt a person or class of person from any provision of this Division – (a) in respect of any specified kind or species of fish; or (b) in any specified circumstances. 63. Registration as fish dealer (1) On receipt of an application for registration as a fish dealer under section 76 , the Director may register or refuse to register the applicant as a registered fish dealer. (2) The Director must notify the applicant, in writing, of the decision made under subsection (1) . 64. Registration subject to conditions (1) The registration of a fish dealer is subject to any condition specified in the fish dealer's registration certificate. (2) Without limiting the conditions which may be specified in a fish dealer's registration certificate, those conditions may include conditions relating to one or more of the following: (a) a kind or species of applicable fish; (b) the premises in which applicable fish may be kept or dealt with; (c) the keeping and provision of records and returns. (3) Each of the following persons must comply with the conditions of a fish dealer's registration certificate in respect of activities under that certificate: (a) the holder of the certificate; (b) a person authorised or required by the holder of the certificate to undertake activities on behalf of the holder. Penalty: Fine not exceeding 100 penalty units. (4) The conditions specified in a fish dealer's registration certificate form part of that certificate. 65. Issue of fish dealer's registration certificate (1) After granting registration as a registered fish dealer and on receipt of any prescribed fee, the Director is to issue a fish dealer's registration certificate to the person granted registration. (2) A certificate of registration is to be in the approved form. 66. Authority and term of registration A registered fish dealer is authorised to carry on one or more of the following activities as specified in the fish dealer's registration certificate: (a) importing all, or a specified species or a specified kind of, applicable fish; (b) selling a specified species or a specified kind of applicable fish; (c) processing or treating a specified species or a specified kind of applicable fish; (d) manufacturing or obtaining any substance from all, or a specified species or a specified kind of, applicable fish for the purpose of sale. 67. General provisions relating to registration Division 4 applies in respect of a registration under this Division. Division 2 - . . . . . . . . 68. . . . . . . . . Division 3 - Private fisheries 69. Registration of private fishery A person may apply to the Director in accordance with section 76 for the registration of a private fishery. 70. Granting of registration of private fishery The Director may– (a) grant an application for the registration of a private fishery subject to any condition the Director determines; or (b) refuse to grant the application. 71. Certificate of registration of private fishery (1) If the Director grants an application to a person under section 70 , the Director, on payment of the prescribed fee, is to issue to the person a certificate of registration of a private fishery. (2) A certificate of registration is to – (a) be in an approved form; and (b) specify the following: (i) the full name and address of the applicant; (ii) the particulars of the fishery to which it relates; (iii) any condition to which the registration is subject; (iv) the date of issue of the certificate. 72. Period of registration The registration of a private fishery is in force for a period of 12 months after the date of issue of the certificate of registration. 73. Duties of owner of registered fishery (1) The owner of a registered private fishery must, as soon as practicable, notify the Director– (a) of any unusual mortality among fish in the fishery; or (b) of any disease in the fish in the fishery. Penalty: Fine not exceeding 10 penalty units. (2) The owner of a registered private fishery must ensure that any barriers or screens required by the Director to prevent fish swimming into or out of the fishery are provided and maintained in an approved manner. Penalty: Fine not exceeding 10 penalty units and a daily fine not exceeding 1 penalty unit. (3) The owner of a registered private fishery, without the written consent of the Director, must not– (a) extend or alter the fishery; or (b) change the site of the fishery. Penalty: Fine not exceeding 10 penalty units. 74. Change of ownership of registered fishery (1) The owner of a registered private fishery must notify the Director of a change of ownership of the fishery. Penalty: Fine not exceeding 10 penalty units. (2) If there is a change of ownership of a registered private fishery and a notification is not made under subsection (1) , the registration of that fishery is cancelled. (3) The Director, on being notified of a change of ownership of a registered private fishery is to endorse the certificate of registration issued under section 71 accordingly. 75. Entry into fishery (1) An officer may enter a registered private fishery to – (a) inspect the fishery; and (b) sample, treat, remove or destroy any diseased or unhealthy fish. (2) An officer may order the owner of a registered private fishery to – (a) cause any diseased or unhealthy fish to be treated, removed or destroyed; or (b) cause the fishery to be drained and cleaned. (3) A person must comply with an order under subsection (2) within any period specified in the order. Penalty: Fine not exceeding 10 penalty units and a daily fine not exceeding 1 penalty unit. Division 4 - General provisions 76. Applications for registration An application under this Part is to – (a) be in an approved form; and (b) contain any particulars the Director requires; and (c) be accompanied by the prescribed fee; and (d) be lodged with the Director. 76A. Amendment of registration (1) In this section, registration certificate means a fish dealer's registration certificate and a certificate of registration under section 71 . (2) At any time, the Director may amend a registration certificate. (3) If the Director alters a registration certificate, the Director must notify the holder of the certificate in writing of – (a) the alteration; and (b) the day on which the alteration takes effect, being a day not earlier than 21 days after the notice is provided to the holder of the certificate; and (c) the reasons for the alteration. (4) The Director may require the holder of a registration certificate to surrender it for the purpose of altering it. (5) The holder of a registration certificate must comply with a requirement made under subsection (4) . Penalty: Fine not exceeding 100 penalty units. 77. Renewal of registration (1) A person may apply to the Director in accordance with section 76 for the renewal of– (a) the registration as a registered fish dealer; or (b) the registration of premises; or