South Australian Repealed Acts South Australian Repealed ActsThis legislation has been repealed.
(1) In this Act,
unless the contrary intention appears—
"abalone" means abalone (Haliotis spp.) of all species;
"Adelaide Dolphin Sanctuary" has the same meaning as in the
Adelaide Dolphin Sanctuary Act 2005 ;
"aquatic reserve" means any waters, or land and waters, declared by
proclamation under Division 2 of Part 4 to be an aquatic reserve;
"Australian fishing zone" means the Australian fishing zone as defined in the
Commonwealth Act;
"authority" means a licence, permit, registration or lease provided for by or
under this Act;
"boat" means any means of transportation on or under water;
"Commonwealth Act" means the Fisheries Management Act 1991 of the
Commonwealth as amended from time to time or any Act enacted in substitution
of that Act;
"device" means any implement, apparatus, device or substance for taking or
facilitating the taking of fish;
"the Director" means the person for the time being holding or acting in the
office of the Director of Fisheries under Part 3;
"exotic fish" means fish of a class declared by regulation to be exotic fish;
"farm fish" means fish propagated or kept for the purpose of trade or
business, the control or eradication of the aquatic or benthic flora or fauna
or consumption as food;
"fish" means an aquatic organism of any species and includes the eggs, spat or
spawn, or the body, or part of the body (including the shell) of such an
organism;
"fisheries officer" means a person who is a fisheries officer under Part 3
either by virtue of appointment as such or ex officio ;
"the Fisheries Research and Development Fund" means the
Fisheries Research and Development Fund continued in existence under Division
4 of Part 3;
"fishery" means a class of fishing activities declared by regulation to
constitute a fishery under Division 1 of Part 4;
"fishery licence" means a licence granted in respect of a fishery under
Division 1 of Part 4 and includes a duplicate copy of such a licence;
"fishing activity" means the act of taking fish, or an act preparatory to, or
involved in, the taking of fish;
"fish processor" means a person who for the purpose of trade or business
processes or purchases or obtains fish;
"foreign boat" has the same meaning as it has in the Commonwealth Act;
"management committee" means a management committee established in respect of
a fishery by the regulations;
"marine mammal" means a seal or sea lion (order Pinnipedia) or a dolphin or
whale (order Cetacea);
"marine park" means any waters, or land and waters, constituted a marine park
by proclamation under Division 2 of Part 4;
"Minister for the Adelaide Dolphin Sanctuary" means the Minister to whom the
administration of the Adelaide Dolphin Sanctuary Act 2005 is committed;
"processing" in relation to fish, means scaling, gilling, gutting, filleting,
freezing, chilling, packing or any other activity involved in preparing fish
for sale;
"purchase" means—
(a)
purchase or take in exchange; or
(b)
agree or offer to purchase or take in exchange; or
(c)
receive, or accept or take delivery, under an agreement to purchase or take in
exchange; or
(d)
cause, suffer or permit an act referred to in paragraph (a), (b) or (c);
"registered boat"—
(a)
means a boat registered by endorsement of a fishery licence under Division 1
of Part 4; and
(b)
includes a boat used in the place of a boat referred to in paragraph (a)
with the consent of the Director and in accordance with the conditions (if
any) of that consent;
"registered fish processor" means a person registered as a fish processor
under Division 5 of Part 4;
"registered master"—
(a)
means a person registered by endorsement of a fishery licence under
Division 1 of Part 4 as master of a boat that may be used pursuant to the
licence; and
(b)
includes a person acting in the place of a person referred to in
paragraph (a) with the consent of the Director and in accordance with the
conditions (if any) of that consent;
"registered owner"—
(a) in
relation to a registered boat means, subject to paragraph (b), the holder
of the fishery licence on which is endorsed the registration of that boat; or
(b) in
relation to a boat being used by the holder of a fishery licence pursuant to
this Act in place of a boat registered by endorsement on that
licence—means the holder of that licence;
"the repealed Act" means the Fisheries Act 1971 repealed by this Act;
"River Murray" has the same meaning as in the River Murray Act 2003 ;
"sell" means—
(a) sell
or give in exchange; or
(b)
agree or offer to sell or give in exchange; or
(c) have
in possession or control, expose, store, consign or deliver for sale or
exchange; or
(d)
cause, suffer or permit an act referred to in paragraph (a), (b) or (c);
"species" includes sub-species or variety;
"take" in relation to fish means catch, take or obtain fish (whether alive or
dead) from any waters or kill or destroy fish in any waters;
"this Act" includes a regulation, proclamation, arrangement or other
instrument under this Act;
"waters" means—
(a) any
sea or inland waters including any body of water or watercourse of any kind
whether occurring naturally or artificially created; or
(b) the
bed of such waters.
(2) A class of fishing
activities may be defined in any regulation, proclamation, arrangement or
other instrument under this Act by reference to all or any of the following
factors:
(b) a
description of fish by reference to sex, size, weight or any other
characteristic; or
(c) a
number or quantity of fish; or
(d) a
period of time; or
(e) an
area of waters or a place; or
(f) a
method of fishing; or
(g) a
class or number of boats; or
(h) a
class of persons; or
(i)
a purpose of activities; or
(j) any
other factor.
(3) In this Act, a
reference to engaging in a fishing activity of a class is to be construed as a
reference to doing an act that falls within the defined class and as including
a reference to—
(a)
using a device for the purpose of the activity; or
(b)
using a boat for the purpose of the activity; or
(c)
being in charge of, or acting as a member of the crew of, a boat that is being
used for the purpose of the activity; or
(d)
diving in waters for the purpose of the activity; or
(e)
causing, assisting, suffering or permitting a person to do an act referred to
in this subsection.
(4) For the purposes
of this Act, a fish will not be regarded as having been taken if it is taken
but forthwith returned to the water unencumbered in any way and with as little
injury as possible.
(5) This Act does not
apply in relation to any activity (other than the taking of fish for the
purpose of trade or business or the introduction of exotic fish or fish
disease) engaged in 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).
(6) Subject to any
limitations expressly prescribed in this Act, this Act applies—
(a) in
relation to all waters that are within the limits of the State; and
(b)
except for purposes relating to a fishery that is to be managed in accordance
with the law of the Commonwealth pursuant to an arrangement under Division 3
of Part 2 and except for 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
(c) for
purposes relating to a fishery that is to be managed in accordance with the
law of the State pursuant to an arrangement under Division 3 of Part
2—in relation to any waters to which the legislative powers of the State
extend, with respect to that fishery, whether pursuant to section 5 of the
Coastal Waters (State Powers) Act 1980 of the Commonwealth or otherwise;
and
(d) 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.
Note—
For definition of divisional penalties (and divisional expiation fees) see
Appendix.